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'■.•'>,,'iS,iBi*.WM(.™v, ,Ai,,V,.Y ,~1.„ 
 
HISTORY 
 
 OF THE 
 
 HIGH COURT OF CHANCERY 
 
 AND OTHER 
 
 INSTITUTIONS OF ENGLAND, 
 
 FROM THE 
 
 TIME OF CAIUS JULIUS C^SAR UNTIL THE ACCESSION 
 OF WILLIAM AND MARY (IN 1688-9,) 
 
 CONWAY ROBINSON. 
 
 V'r. 
 
 
 VOLUME I. 
 
 TO THE DEATH OF HENRY VIII, (1546-7-) 
 
 RICHMOND: 
 
 J. W. RANDOLPH & ENGLISH. 
 
 Baltimore: Cushings & Bailey. Philadelphia: T. & J. W.Johnson & Co. 
 
 Boston : Little, Brown & Co. 
 
 1882. 
 
Entered, accordic^ to Act of Congress, in the year 1882, 
 
 By CONWAY ROBINSON, 
 
 In the Office of the Librarian of Congress, at Washington. 
 
 WM. ELLIS JONES, 
 
 PRINTER, 
 
 RICHMOND, VA. 
 
PREFACE, 
 
 Contemplating a treatise upon " Equity in England and the United 
 States," I was, in 1877 and 1878, examining cases upon the subject 
 and arranging the matter in appropriate chapters. In tracing equi- 
 table jurisdiction I became more and more sensible of the want of a 
 good history of the High Court of Chancery in England.' Of it 
 there was in ' Story's Equity Jurisprudence ' but little ; in Spence's 
 ' Equitable Jurisdiction ' a good deal more, yet needing modifica- 
 tions, additions and improvements. What seemed desirable in such 
 a history I was, for some time, hoping to give, and trying to give, in 
 the first part of the treatise mentioned above (in the first line), as 
 contemplated. In the fall of 1879 I came to the conclusion that the 
 'history' should be a separate work, and be from the time of 
 Caesar's invasion of Britain ; that it should, as stated in tit. vi, p. 744, 
 notice in chronological order all who sat upon the English bench pre- 
 viously to the time when there was ' a setried coutt of equity before 
 the chancellor,' and should, during the whole period embraced in the 
 history, take particular notice not only of ' Lord Chancellors and 
 keepers of the Great Seal ' but also of masters of the Rolls and 
 other masters in Chancery, and the Registrars. That, besides treat- 
 ing of the High Court of Chancery, the history should embrace other 
 institutions of England was deemed proper — and in some measure 
 was found necessary — because of the Chancellor's part in .moulding 
 those institutions, and the connection therewith of the Chancery. 
 And it was fit that the history should, to a limited extent, be illus- 
 trated ' by surrounding circumstances.' 
 
 From Cicero's letters it appears that Trebatius, whom he mentions 
 as having 'perfect knowledge of the civil law,' was with Csesar in the 
 city which had at that time in Gaul the name of Samarobriva and is 
 now in France the city of Amiens ; yet it may reasonably be con- 
 cluded that Trebatius returned to Rome without having gone into 
 
 1 There was want of much more than to the Judicial power of that court and 
 
 could be found in the small volume by the rights of the master" ; or in any 
 
 Samuel Burroughs in 1726, entitled other volume of " The History of the 
 
 ■" The History of the Chancery; relating Chancery." 
 
IV 
 
 Preface. 
 
 Britai7i? After, however, Britain became a province of Rome, and 
 under the lex provincice, Eburacum (York) was the seat of govern- 
 ment. There ^milius Papinianus, the famous lawyer, "had his 
 tribunal seat " ; and there his life was ended in the year 212.' 
 
 " The power of the imperial law " continued in Britain " for three 
 hundred and sixty years or thereabouts— that is, from the reign of 
 Claudius Csesar down to the empire of Honorius Augustus, or to the 
 time when Rome was taken by Alaric, the Goth."* 
 
 In one respect my view* is in accordance not with Sir John 
 Fortescue, Sir John Popham, and Sir Edward Coke but with Sir 
 Francis Bacon, John Selden, and Sir John Holt, three men of no less 
 learning and ability than the first-named three. To the language of 
 Fortescue, Popham and Coke, referred to on p. 29, the plain answer 
 is that " during all that time " mentioned by Fortescue, England was 
 not ' constantly governed by the same customs ' as in Fortescue'a 
 time, but in her customs and laws ' some alteration ' was made by 
 some kings or conquerors, ' especially the Romans ' ; and that the 
 rule of determination which had prevailed before, continued to prevail 
 after 411 until altered, and except so far as altered, by sufl5cient 
 authority.^ 
 
 As Selden says " it could not " " otherwise fall out but that some remains, 
 of the imperial laws, which through so constant a custom had prevailed " in 
 Britain " for so many past ages, should, at least, in some measure subsist 
 in that new or lately settled government which owed its rise to the will of 
 the people.'" 
 
 Which is quite consistent with Lord Bacon's observation : 
 
 " That our laws are as mixed as our language ; and as our language is so 
 much the richer on that account so are the laws more complete."^ 
 
 The Lord Chief Justice Popham is indeed reported in the reign of 
 Jac. I as saying, in commendation of the laws of England : 
 
 " That they had continued as a rock, without alteration, in all the varieties 
 of people that had possessed this land, namely, the Romans, Brittons,. 
 Danes, Saxons and Normans.'" 
 
 'See^oj^, ch. i, \ 2, p. 11 to 15. be -often referred to, or be much re- 
 
 ' Jd., § 7, pp. 21, 22. garded, besides the laws of Rome." 
 
 *id., \ 9, p. 25. I Wood. Inst. Ixvi, p. 81, edi. 1834. 
 
 ^In Id, § II, p. 28 to 31. 'Jrf., p. 28. 
 
 *Dr. Wooddesson, referring to the " /li., p. 30. 
 
 period before 411, says; "At the close 'For which, in Le Case del Union,. 
 
 of that period it is not very probable that Moore 797, he cited " Fortescue's book, 
 
 any other rule of determination should of the laws of England." 
 
Preface. v 
 
 And something very like this is repeated from Fortescue by Sir 
 Edward Coke.'° But the Lord Chief Justice Holt, when he dehvered 
 the opinion of the King's Bench in 1 701, so far from supposing that 
 "the laws of England had continued ''without alteration in all the 
 varieties of people that had possessed this land," mentions an " altera- 
 tion made in the time of Henry I " ; and referring to i Inst. 1 1 a, 
 says: 
 
 " Coke had not seen the laws of H. I then ; and the red book in the 
 chequer that he contradicts is very ancient, and of great auriiority in law. 
 But this law did not continue long, but was altered between the reigns of 
 H. I and H. II."" 
 
 Afterwards, referring "to the authenticks of Justinian, Nov. 112, 
 -c. 2, he says : 
 
 ' This case is not within the reason of Justin.^ Novels before mentioned ; 
 and admit it were, nothing of the civil law is admitted or obligatory here in 
 England, quatenus it is the civil law ; but if it be of any force here it is be- 
 cause it was anciently received here in England ; and this law could not be 
 received here anciently. The bkoos of Justinian were made between 
 500 or 600 years after Christ, and were received for laws during forty years 
 after their making, and practised in all the Eastern empire ; his Pandects 
 were in Latin, as the Roman law was, but the authenticks were in Greek. 
 And after Justinian the II and Maurice the emperor they were rejected for 
 200 years till Basilick, the emperor, who laid them altogether aside and 
 made a new book of his own called the Basilick, from his own name, which 
 were in force till the taking of Constantinople- by Mahorhet the Great ; so 
 that till the year 1452 they were neglected in the Eastern Empire. In the 
 
 year 112$ they were found by Lothaire the II at the siege of Amalcarr, and 
 till then were not heard of in the Western Empire ; nor was it possible they 
 could, for it was for all that time overrun with the Goths and Vandals. And 
 
 presently after they were found at Am,alcarr they were sent to the University 
 of Boulogne to be taught. Vide Seld., 497, and his notes upon Fortescue, 
 II, 12,. and Dr. Duck's use of the civil law lib. i, c. 6. So that Henry the 
 
 first beginning his reign in England in the year iioo, and these laws being 
 
 found in the year 1125, could not be of force in England in his tim,ey 
 
 When Mr. Spence wrote page 24 of ch. 4 of his first book he did 
 not have in view either this opinion of Lord Holt or that of Hale, C. 
 B., in Collingwood v. Pace, i Ventr., 414. In chapter 10 of the 
 present work, § 3, p. 169 to 171, those cases are examined in connec- 
 
 '» Preface to 2: Rep., pp. vii, viii; 623,624. 
 Preface to 3 Id., xxi ; Preface to 6 M., " Id., p. 625. S. C, in 1 P. Wms. 50, 
 
 p. iv. 51, is cited /m/ in ch. 10, § 3, p. 171. 
 
 '^ Blackborough v. Davis, 12 Mod. 
 
vi Preface. 
 
 tion with that pagfe of Mr. Spence as to the law of descents of 
 Britons, Romans, Germans, Normans and EngHsh. In the next sec- 
 tion (§ 4, p. 172 to 175) is noticed the discovery at Amalfi, about 
 1 137, of a copy of the Pandects; and also the fact that in l^ess than' 
 ten years afterwards Vacarius read lectures on civil law at Oxford ; 
 and the result of its study. As to it (the civil or Roman law) it is 
 stated in i Spence's Eq., 347, that, " in the reign of Ric. II," " the 
 judges prohibited it from being any longer cited in the common law 
 tribunals"; but the inaccuracy of this statement is shown in ch. 21, 
 § 5 and 6, pp. 724, 725.^' Two centuries after Richard's reign Lord 
 Holt said : 
 
 " Inasmuch as the laws of all nations are doubtless raised out of the ruins • 
 of the civil law, as all governments are sprung out of the ruins of the 
 Roman Empire, it must be owned that the principles of our law are bor- 
 rowed from the civil law, and therefore grounded upon the same reason in 
 many things. And all this may be, though the common law be time out of 
 mind.'* 
 
 These general observations, and others more special, in the present 
 volume may be viewed in connection with what has come from a re- 
 cent writer of great value. It '' may be that of ' Roman legislation ' — 
 of ' Romano-British law ' — England has more than Professor Stubbs 
 seems to suppose ; '"' and it may be that whether in the parliament of 
 38 Edw. Ill (1364-5) the King himself made the speech which led 
 to the enactment against the papal court is a matter as to which there 
 is some evidence that Mr. Stubbs has not seen ; " although that 
 gentleman is of uncommon learning and accuracy, and has produced 
 an exceedingly valuable work. The writer of the present volumcj 
 in searching for truth and endeavouring to supply omissions and 
 remove or diminish errors, has often been assisted in coming to a con- 
 clusion, and been strengthened in his conviction of its soundness, by 
 what he could extract from that eminent historian. 
 
 The history of the Institutions of England, by whatever name they 
 may be known, and whether they be called a Constitution or not, is a 
 large and important subject ; of great interest to inhabitants of very 
 considerable portions of the world. To a friendly correspondent, 
 
 ''On p. 725, where Mr. Spence is or the citation. The word Stubbs ^ex^ 
 
 rightly mentioned as so stating, there is should be struck out, and Spence inserted^ 
 
 a plain error in saying, that "for this l*Za«« v. Co«o», 12 Mod. 482. 
 
 statement Mr. Stubbs cited prominently ^Ssspost, ch. I, § 11, p. 30. 
 
 Rot. Pari, ii, Ric. 11"; Mr. Stubbs hav- isCh. 19, I 43, pp. 608,609. 
 ing in fact no part either in the statement 
 
Preface. vii 
 
 whom I have not had the pleasure of seeing (except in his photo- 
 graph) — to Lord Bramwell, who for his country's good has been in 
 the Court of Exchequer, and in the High Court (established when the 
 Exchequer was abolished), and is now elevated to the House of 
 Lords — I am obliged for his being so thoughtful as to send me (what 
 I learn is much admired in England) a copy of the new edition of Mr, 
 Walter Bagehot's volume on the " English Constitution." Dealing 
 with the present, more than the past, of the " Constitution," the 19 
 pages which Mr. Bagehot employs in " Its History," begin thus . 
 
 " A volume might seem wanted to say anything worth saying on the His- 
 tory of the English Constitution, and a great and new volume might still be 
 written on it, if a competent writer took it in hand." 
 
 Mr. Bagehot, in 1878," knew of Professor Stubbs's volume of " Se- 
 lect Charters " '* but may not have examined — perhaps not seen — the 
 subsequent work in three volumes,'' wherein Professor Stubbs recog- 
 nizes that " the truth, the whole truth, and nothing but the truth is 
 what history would extract from her witnesses ";'" and at' the close of , 
 his third volume says : 
 
 " His end will have been gained if he has succeeded in helping to train 
 the judgment of his readers to discern the balance of truth and reality " ; 
 and "to rest' content with notliing less than the attainable maximum of 
 truth."" 
 
 Those three volumes have been carefully read by the writer of 
 this. Others who shall have given a like reading may understand, 
 better than they could otherwise, how well Professor Stubbs has " told 
 the origin and development of the Constitutional History of Eng- 
 land " — how well he has traced the continuity of national life through 
 an age of obscurity and disturbance to the time at which "new 
 struggles of constitutional life begin — the point at which modern and 
 mediaeval history seem to divide.''"' If it could reasonably be sup- 
 posed that in a short time there will he from thatpoint"^^ to the acces- 
 
 "His second edition was published in England, in its origin and development, 
 
 1872, and_^tlie new edition in 1878. by William Stubbs, M. A., Regius Pro- 
 
 18 "Select Charters and other illustra- fessor of Modern History," Oxford, vol. i, 
 
 tions of English Constitutional History 1874; vol. 2,1875; v°l- 3> '878. 
 
 from the earliest times to the reign of *" Id., vol. 3, pp. 617, 618. 
 
 Edward the First, arranged and edited ^ Id., p. 620. 
 
 by William Stubbs, M. A., Regius Pro- ^a /^^.^ p. 4. 
 
 fessor of Modem History," Oxford, 1870. "' See in this volume at the end of ch. 
 
 19" The J Constitutional History of 29, p. 919. 
 
viii Preface. 
 
 sion of William and Mary so good a history as, with the help of Pro- 
 fessor Stubbs, now exists to that point, it would be very agreeable to 
 have such supposition realized. 
 
 Upon the volume in 1726 by Samuel Burroughs (mentioned ante, 
 p. iii), and that in 1727 by Sir Philip Yorke,''* observations by George 
 Harris^ and Edward Foss'" had been seen by me before Nov. 13, 
 1879, when I became possessed of a volume ascribed to that learned 
 prelate William Warburton," — 
 
 " The Legal Judicature in Chancery stated, with remarks on a late book 
 entitled ' A discourse of the Judicial authority belonging to the Master of 
 the Rolls in the High Court of Chancery.' " Lond., 1727. 
 
 It came to me very opportunely,^ and is frequently cited in the 
 present volume.'' 
 
 The table of contents at the beginning, and the index at the end of 
 this volume, indicate the matters treated of in it ; and the index 
 (especially). facilitates their examination. As to the High Court of 
 Chancery, previously to the time when, and soon after, there was a 
 settled court of equity before the Chancellor' (besides what is referred 
 to p. 1 185 , under tit. Romans, p. 1188 , under tit. Saxons, pp. 1105, 
 1 106, under tit. Danes, pp. 1098, 1099, under tit. Civil Law, and pp. 
 1 145, 1 146, under' tit. Justinian), a great deal of information has been 
 obtained, and is referred to under tit. Chancellor, p. 1096 ; Chan- 
 cery, pp. 1096, 1097 ; Council of the Chancery, p. 1 103 ; Equity, 
 pp. 1 1 15, 1 1 16; Clerks, p. 1099; Master of the Rolls and other 
 Masters in Chancery, p. 1158; Register (or Registrar), p. 1180. 
 
 As to other Institutions of England there are references under tit. 
 Fundamental Principles, p. 1124; Magna Carta,, pp. 1154, 1155; 
 
 2* " Discourse of the judicial authority "Published four years after 1723, 
 
 belonging to the office of Master of the when, it is said, he relinquished the law 
 
 Rolls in the High court of chancery." for the church. Watkins's Biogr. Diet., 
 
 ®In Life of Hardwicke, edi. 1847, edi. 1822. 
 
 vol. I, p. 195 eisef. ^^ Opposite the title page are the words: 
 
 '^ His " Biographical dictionary of the " Conway Robinson, Esq., with the cor- 
 
 Judges of England from the Conquest" dial regards of Little, Brown & Co., 
 
 has been constantly upon my 'writing Nov. 13th, 1879.'' 
 
 table, Much of his valuable material is, 29 jjs use in this volume was none the 
 in the present volume, in chronological, less, because of my being told by the 
 besides being (through the Index) acces- gentleman who handed it to me that at 
 sible in alphabetical, order. What is a stall for second hand books he pur- 
 alluded to above in the text is under tit. chased it for a small part of a dollar. 
 yekyll (Joseph) and Yorke (Philip). 
 
Preface. ix 
 
 Constitutional Machinery , pp. iioi, 1102; Election, p. 11 14; Rep- 
 resentation, p. 1 181; Parliament, p. 1 1 70 to 1 172; Appointments to 
 Office, ■p. loi^; Public Officer s,y>. iiT?>; Benevolences, "p. 10%^; Cen- 
 turies Reviewed, pp. 1095, 1096. 
 
 For centuries it seems to have been thought in England sound 
 policy to encourage the attainment of skill and exercise of good 
 judgment in performing the duties of an office. It may be seen on 
 p. 1131, that in 1351, 25 Edw. Ill, Henricus de Haydok was one of 
 the twelve clerks in chancery of the second form ; and in 27 Id., he 
 was advanced so as to be of the first form, and thus become one of 
 the Council of the Chancery to assist the chancellor. John de Lang- 
 ton, who had been a clerk in the chancery, was probably senior clerk, 
 when, in 14 Edw. I (1286), he became Master or keeper of the Rolls. 
 He is the first person to whom this title can be distinctly traced ; 
 on Dec. 17, 1292, he was appointed successor of England's "first 
 ^reat chancellor" Robert Burnell.'" 
 
 666 years have passed since John's Magna Carta (p. 237), with 
 these words : 
 
 "We will not make any justiciars, constables, sherifls or bailiffs, but of 
 such as are knowing in the law of the realm, and are disposed duly to 
 ■observe it." 
 
 It being incumbent upon an officer -to perform the duty of his 
 office according to law, one could not be fit to enter upon an office, or 
 to remain in it, unless he was " disposed duly to observe" the law. 
 To what extent he should be " knowing in the law'' might somewhat 
 vary with the nature of the office, but he was to observe the law to 
 the best of his skill and judgment. Unless those having the ap- 
 pointing power believed he would observe it, they, in appointing 
 him, were guilty of breach of duty and breach of trust ; and it was 
 an aggravation of their offence if its commission was induced by an 
 improper motive. In 1288 was the statute of 12 Ric. II (p. 683). 
 
 "That the Chancellor, treasurer," &c., the justices of the one bench, and 
 of the other, &c., and all other that shall be called to ordain; name, or make 
 justices of peace, sheriffs, escheators, customs, comptrollers, or any other 
 officer or minister of the king, shall be firmly sworn that they shall not ordain, 
 name, or make justice of the peace, sheriff, escheator, customer, comptroller, 
 nor other officer or minister of the king, /or any gift or brocage, favour or 
 affection; nor that none which pursueth, by him or other, privily or openly, 
 to be in any m,anner office, shall be put in the same office or in any other ; 
 
 ™See post, ch. 16, § 17, p. 409; Id., I 19, p. 417; and ch. 17, \ 13, p. 474. 
 
X Preface. 
 
 but that they shall make all such officers and ministers of the best and most 
 lawful men, and sufficient to their estimation and knowledge.^' 
 
 Thereof (in Co. Lit. 234a) Ld. Coke says: 
 
 "A law worthy to be written in Letters of Gold, but more worthy to 
 be put in due execution. For certainly never shall justice be duly ad- 
 ministered but when the officers and ministers of justice be of such quality, 
 and come to their places in such manner as by this law is required." 
 
 This law seems to have been appreciated by the Houses both of 
 York and Lancaster.'' It remains in England's statute book ; and is 
 in the " Statutes Revised," ed. 1870.'' 
 
 Lord Coke, speaking of " the exaction under the good name of 
 benevolence" b6gun in 12 Edw, IV, states that " many of the people 
 did much grudge at it and called it a malevolence^ Of the acts of 
 Richard the third one of the wisest was that of i Ric. Ill, ch. 2, " an 
 act to free the subjects from benevolences." But he did not adhere to 
 it. There is mention of letters sent by him exacting these benevo- 
 lences, and specifying the sum which each person was required to give. 
 It is stated that " this " was " a fatal blow at what remained of his 
 popularity."^ 
 
 Leaving to others, who may see occasion to do so, to examine 
 Horace Walpole's position as to the character of Hen. VII, that it is 
 " much worse and more hateful than Richard's," '^ I have expended 
 less time and labour upon the seventh than the eighth Henry. " Sur- 
 rounding circumstances of great interest are referred to under tit. 
 Henry VIII, pp. 1135, 1136; Katharine (of Arragon), p. 1146; 
 Wolsey {Tharviz.%), p. 1212; Boleyn {Anne), pp. 1086,1087; More 
 (Thomas), p. 1 162; and under names of others of Henry's chan- 
 cellors ■ and queens. 
 
 To complete this work, vol. 2 is to embrace the 142 years from 
 the death of Hen. VIII (in 1546-7) to the accession of William and 
 
 *' Post, p. 777, is Stat. 2 Hen. VI, faithful, and attending to that which 
 
 ch, 10, "that all the officers made by periaineth to them in performance of the 
 
 the King's Letters patents royal within business, as well of the King as of his 
 
 the said courts, which have power and people." 2 Stat, of the Realm, p. 212. 
 authority by virtue of their offices of old '' Vol. I, p. 236 to 239. 
 
 time, accustomed to appoint clerks and '* Post, ch. 29, pp. 887, 888. 
 
 ministers within the same court, shall be ^* Post, p. 859, p. 861 (and n), and 
 
 charged and sworn to appoint such pp. 887, 888. 
 
 clerks and ministers, for whom they will '* Walpole's Historic Doubts, edi. 
 
 answer at their peril, which ht sufficient, 1768, p. 132. 
 
Preface. xi 
 
 Mary in 1688-9. For that volume much investigation has been 
 made ; and of it the greater part is written. As to officers of the 
 High Court of Chancery, in Elizabeth! s reign, it appears as to 
 Lawrence Wasshington of Sulgrave, in Northampton county, that 
 this second son — also tiamed Lawrence — was entered of Gray's Inn 
 in 1571, called to the bar in 1582, had a country residence at Jordan's 
 Hall, Maidstone, and was Registrar of the Court of Chancery from 
 March 2^, 1^93, until the end of that reign ; that he was in King 
 fames's first parliament (1603) a member for Maidstone, and assisted 
 by deputies, continued personally to discharge the duties of the office 
 of Registrar until his death, on Dec. 21, 1619, at his house in Chan- 
 cery Lane ; that he was then succeeded in the office of Registrar by 
 his son, Lawrence Washington, who was, in 1627, knighted by King 
 Charles the First, and held the office of Registrar until 1643, when 
 he died at Oxford, and was buried at Garsden, his residence in Wilt- 
 shire. These matters, though coming within the period and scope of 
 vol. 2, it is deemed advisable to mention now in advance of its com- 
 pletion and publication, since they conduce to supply an omission, 
 and may elicit further information, as to a matter of considerable 
 interest on both sides of the Atlantic.'^ It may turn out to be neither 
 Lawrence Washington of Sulgrave, nor Lawrence Washington of 
 Garsden, but Lawrence Washington of Maidstone, whose elder 
 brother, Robert, was ancestor of George Washington, of whom 
 there are memorials in America : in the Code of Virginia," and in 
 proceedings of the Congress of the United States.'* 
 
 ^ Lawrence Washington, of Maid- statue to be erected as a monument of 
 
 stone, is omitted in the Genealogical affection and gratitude to George Wash- 
 
 _ , , uv 1. J L T JO 1 ■ V INGTON, who uniting to the endowments 
 
 Table published by Jared Sparks in his ^^ the hero the virtues of the patriot, 
 
 'Writmgs of Washington.' Edi. 1837, (and contributing both in establishing 
 
 vol. I, pp. 552, 553. This omission of a the liberties of his country, has rendered 
 
 generation, though -.^ source of confu- ^''^ n^^e dear to his fellow-citizens 
 
 .^ . , ,. , ^,.,. . . and given to the world an immortal 
 
 sion, has, It IS behaved, not hitherto been ^^^^l^^ „f ,„,g „,„„>, j^_ 
 
 noticed by any writer in the United 
 
 example of true glory." Id. 
 
 States. ssjji Virginia, at Mount Vernon, in 
 »'Edi. 1849, tit. 2, ch. 73, 74, 75, 1799, on Dec. 14, in the evening, Wash- 
 P- 353 'o 356- The marble statue (by ington died. Of his death, intelligence 
 Houdon) of Washington, procured under ^as received at Philadelphia on the 
 a resolution of the General Assembly of ,8th, and the House of Representatives 
 Virginia, adopted in June, 1784, remains immediately adjourned. Next morning 
 in the Capitol at Richmond, with the a member from Virginia, John Mar- 
 following on its pedestal : shall— afterwards Chief Justice of the 
 "The General Assembly of the Com- Supreme Court of the United States— 
 monwealth of Virginia have caused this made the speech, from which the follow- 
 
xn 
 
 Preface. 
 
 Some of Sharon Turner's language as to Alfred the Great, may, 
 
 perhaps, be as well applied to George Washington : he " was an 
 
 •exact economist of his time, without which indeed nothing great"* 
 
 ■can be achieved." 
 
 CONWAY ROBINSON. 
 
 The Vineyard, near Washington city, \ 
 April 2ist, 1882. j 
 
 iag is extracted : 
 
 " Having effected the great object for 
 which he was placed at the head of our 
 armies, we have seen him convert the 
 sword into the ploughshare, and sink the 
 soldier in the citizen." — " Having been 
 twice unanimously chosen the chief 
 magistrate of a free people, we have 
 seen him at a time when his reelection 
 with universal suffrage could not be 
 doubted afford to the world a rare in- t 
 stance of moderation, by withdrawing 
 from his station to the peaceful walks of 
 private life. However the public con- 
 fidence may change, and the public 
 affections fluctuate with respect to others, 
 with respect to him, they have in war 
 and in peace, in public and in private 
 
 life, been as steady as his own 6rm mind, 
 and £is constant as his own exalted 
 virtues." 
 
 Resolutions which had been prepared 
 by General Henry Lee were then 
 offered by Mr. Marshall to the House 
 and accepted — one of which was — 
 
 "That a committee, in conjunction 
 with one from the Senate, be appointed 
 to consider on the most suitable manner 
 of paying honor to the memory of the 
 man jffrsi in Toar, first in peace, and first 
 in the hearts of his fellow-citizens." — 
 Writings of Washington, vol. I, p. 530, 
 and pp. 563, 564. 
 
 ^ This denotes the misprint on p. 61. 
 
CONTENTS 
 
 INTRODUCTION. 
 
 1. Geoeral view as to the RomaDs and the Northmen , 
 
 2. Of social and political changes coinciding with the deTelo^ment of Boman power. Of 
 
 Christianity in its relation to government during three centuries; in which there/ 
 was, in point of jurisdiction, no distinction of ecclesiastical and spiritual from civil 
 and temporal causes 
 
 3. The administration established by the Romans in a country of which they made a 
 
 province ^ '.., 
 
 i. Of the distinction in the Boman law between actions stricti juris and bonse jidei; the 
 period at which the Eomans had distinct courts of |aw and equity. Of their doc- 
 trine of truste; and their Vxmtorjidei commi^arms 
 
 5. The Boman cancellarii. Name and ofBce of chancellor copied from Rome into France 
 and other states of Europe.. , 
 
 TITLE 1. .; 
 
 INSTITUTIONS OF BRITAIN FROM ITS INVASION BY THE ROMAICS UNTIL THE 
 
 NORMAN CONQUEST, 9' 
 
 Chap. i. — Institutions of Britain until its invasion by the English (449) 10 
 
 1. Of the Britons before and in Julius Csesar's time «... 10 
 
 2. Whether any skilled in the laws of Borne were' employed by Julius Gsesar in what is now 
 
 Great Britain. Particularly of Trebatiua; what appears of him in Cicero's letters 11 
 
 3. Whether St. Peter or St, Paul was in tiie British lale. As to this, Bishop Newton's view 
 
 is supported neither by Dr Lingard nor by Henry Hart Milman, dean of St.' Paul's, 
 Christianity without influence in the British Isle previously to Roman dominion 
 therein 1& 
 
 4. The earliest period from which Boman dominion in Britain is claimed is in the reign of 
 
 Claudius, A D. 44. In the time of his successor, an heroic effort was made by 
 Boadicea, a British queen, but the Britons were defeated by the Romans under Sueto- 
 nius PaulinuB 17 
 
 5. Of Britain when a province of Bome, and under the lex provmcim. What is beautifully 
 
 said by Kutilius 19 
 
 6. Christianity was introduced into Britain after Antoninus Pius became the Boman Empe- 
 
 ror, and while Lucius was a prince in South Britain. Of the church at Dover; and 
 
 the tradition which ascribes its erection to Lucius » 20 
 
 7. Of iBmilius Papinianus, born in Italy or in Syria, and spoken of aethe greatest lawyer 
 
 of his time. He sat in England at York. After the death there, in 211, of the Em- 
 peror Lucius Septimius Severus, his son Caracalla caused his brother Geta to be 
 assassinated; and caused Papiuian to be executed in 212 21 
 
 8. Of the decree as to the Boman franchise which was made in England at Tork, not earlier 
 
 than 210, nor later than 215 22 
 
 9. Of that eminent lawyer Ulplan, who, after being recalled from exile, was massacred in 
 
 228. As to Utpian and Paulus, observations upon language of John Selden ; of the 
 English translator of Domat's Civil Law ; and of the author of Kent's Commentaries. 
 It does not appear that either Ulpian or Paulns ever sat in Britain. Opinions of 
 TTlpian, Paulus and others had weight; but Papinian's was of greater weight than 
 any one.... i 241 
 
 10. Decline and Fall of Bome. Fundamental defects made it impossible for its rule to be 
 
 permanent. Afber Bome was taken by the Goths, what was Britain's condition as to 
 Christianity, and in other respects, until the island was invaded by the English 2S 
 
 11. Especially as to influence of Roman law after 411 in England ; and in colonies and states 
 
 wherein England's common law has been the rule of decisibn 28 
 
xiv Contents. 
 
 Chap. 2. — Institutions of Britain from its invasion by the English (449), until 
 
 King Egbert's death (838) 32 
 
 1. From what tribes the English people sprang. In 449 begins their history in what had 
 
 been Britain. Of their progress until about 520; and the opposition of the British 
 king, Arthur; his death and interment at Glastonbury; when and how his remains 
 were found there. Of the historian Gildas, surnamed the wise; and of a later Gildas 
 mentioned as the fourth 32 
 
 2. Of the Pandects and Institutes in 533, the Codex Bepetitm Ftelecticmis in 534, and the 
 
 Novellm in 565; which constitute the Corpus Juris Oivilia 37 
 
 3. Slowness of English conquest/ Within what time Britain became a land of Englishmen — 
 
 a Teutonic society on the wreck of Rome 37 
 
 4. Of the Christian Church in Western Europe; St. Columba and the monastery of Icolmkill. 
 
 England's condition in the times of St, Columba and Ethelbert. Of the missionaries 
 from Italy to England in 596. Whatever their influence upon laws and literature, 
 they did not abolish previous notions of equity. Etbelbert^s Code is the most ancient 
 specimen that remains of English legislation. Of the spot on which St. Panl*s is 
 built 39 
 
 5. After 607 Britain, as a single political body, ceased to exist. Change in the altitude of 
 
 English kings towards each other. Struggle for supremacy. Genius for government 
 shewn by Eadwine, King of Northumbria; he was slain in 633 41 
 
 6. Eadwine succeeded by Oswald, who in his youth found refuge within the monastery on 
 
 the isle of lona. Greatness of Oswald's power. Of Sigehert, king of the East Angles, 
 who in 635 wrote a book of the laws of England. In 642 Oswald slain ; succeeded by 
 Oswi, who died in 670. Who became king of the Mercians 43 
 
 7. Great Council at Whitby in 664. Theodore of Tarsus began in 668 as Archbishop of 
 
 Canterbury. His work as to the Church supplied a mould for the civil urganization 
 of the state ; his synods and their canons led the way to Parliaments and a system of 
 laws. Of Benedict, abbot of the monastery where Bede -was educated; and of 
 Whitby, the Westminster of Northumbrian kings 44. 
 
 8. Of the abbeys of Peterborough and Crowland. War between Wolfhere, king of Mercia, 
 
 and Ecgfrith, king of Northumbria, War against the Britons revived. Ecgfrith 
 killed in battle in 685. Thtr blow viewed as fatal for Northumbrian greatness. Par- 
 liament in 697, near Maidstone ; its enactments. How Northumbria obtained peace 
 with iEthelred, successor of Wulfhere or Withred 45 
 
 9. Alfred, who became king of Northumbria in 6&5, reigned till 705, and died greatly 
 
 esteemed. His high character 46 
 
 10. Of Ina. successor of Centwine (or Oeadwalla) as king of Wessex, Ina's Code the earliest 
 
 collection of West Saxon laws which remains ; it has gained him fame 47 
 
 11. JEthelbald, king of Mercia, and Ceolwulf, king of Northumbria, To Ceolwulf is dedi- 
 
 cated Venerable Bede's Ecclesiastical History Of Bede and Alcuin; the schools of 
 Jarrowand York 49 
 
 12. In the eighth century, the plan of exterminating the Welsh abandoned, and they 
 
 allowed to dwell undisturbed among the conquerors. Of the code of Mercian law 
 which bears Offa's UHme; and his correspondence with Charlemagne. At the close of 
 the century the land possessed by Eugliahraen remained divided between Northum- 
 bria, Mercia and Wessex 50 
 
 13. In the early part of the ninth century, Egbert, king of Wessex, reigned 37 years and 6 
 months, and became pre-eminent ; perhaps "paramount monarch of all Britain." Of 
 his character. The state of jurisprudence on the continent under his contemporaries 
 Charlemagne and Louis le Debonnaire 52 
 
 Chap, 3. — Institutions of England from king Egbert's death (838) until the 
 
 death of Alfred the Great (901) 54 
 
 1. Ethelwulf, king of Wessex from 838, Swithin, bishop of Winchester, his minister. 
 
 Whether this saint, "celebrat^-d for his pluvious propensity," was chancellor under 
 
 two sovereigns. Lord Campbell's view questionable 54 
 
 2. Of Ethelwulf until his death in 857; and of his sous until 866; especially the incidents 
 
 of Alfred's early years 56 
 
 3. Of Alfred's surviving brother, and of Alfred himself from 867 to 871 58 
 
 4. Upon the death of his surviving brother, Alfred was chosen king of Wessex. His life 
 
 was lor many yeart of severe military labour, of continual difficulty and of great 
 
 mental aoxiety. His course until the peace of Wedmore,in 878 59 
 
 6, Good government of the realm To what it was owing: Alfred considered his life but 
 as a trust to be used for the benefit of his people ; his mind was active and practical ; 
 he was a man of business and an economist of time. 60 
 
 6. Of Alfred aa a legislator, his code of laws and other measures. Of the king's participa- 
 
 tion in judicature ; his separating the judicial from the executing department of the 
 law; and improving the administration of law and justice. How he protected the 
 independence, the purity and rights of jurymen 61 
 
 7. Whether in Alfred's reign there was a court of chancery 63 
 
 8. Alfred's efforts to extend his own and his people's knowledge, and to improve English 
 
 literature. Observations upon the vernacular literature growing up in and since the 
 
 tenth century 64 
 
 9- Of Alfred's general character ; how he suffered in life; and when he died.., ...." 67 
 
 Chap. 4. — Institutions- of England from the death of Alfred the Great (901) 
 
 until the Norman conquest (io66) 70 
 
 1. Duriug the reign of Edward the elder, 901 to 924 70 
 
Contents. xv 
 
 ^. The rei^n of Athelstan, 9^ to 911. His course as a legislator. Whether he had a chan- 
 
 cel!or. Athelstan's character, influencu and fame 72 
 
 -3. Of Turlcetil who, under his cousins, wiia the king's chancellor or secretary ; of the 
 roigna, let. of Edmund the eldpi>-941 to 946; 2d, Edred— 946 to 955; "3d, Edwin— 956 
 to 959. Whether Dunstan's ofSce under Edred was like that of later chancellors. 
 Censure of him and Archbishop Odo for their conduct to Edwin and his queen 74 
 
 4. Of the laws and administration of justice in Edgar's reign (959 to 975); especially of 
 
 Dunstan, archbishop of Ganterhury and prime minister 77 
 
 5. Of Edward the Martyr — 976 to 978; and Ethelred the unready. Whether he had a chan- 
 
 cellor. Under him the administration of justice was feebly enforced, and for a time 
 entirely suspended. His long and calamitous reign ended by his death, AprH 28, 1016, 
 when great progress had been made by the Danes under Canute 81 
 
 6. Of seven months, in 1016, under Edmund Ironside ; and the period from 1016 to 1034-5, 
 
 under Canute, the Dane. Of his laws and character ; its grandeur in his latter days; 
 
 his noble conception of kingship... 86 
 
 7. Of the reigns of Harold the first, and Hardicanute, irom 1034-5 to 1042 91 
 
 8. Of Earl Qodwin ; and the important part of him and his children in the reign of Edward 
 
 the Confessor — 1043 to 1066. Of occurrences in his reign bearing on the struggle of 
 Godwin's son with the Normans. Of Edward's laws and administration of justice. 
 Edward bad a seal and a chancellor. Of his refounding the church of St. Peter, bet- 
 ter known as Westminster Abbey. His character.,., -. 92 
 
 9. Of Earl Godwin's son, crowned Jan. 6, 1065-6, as Harold the second; and killed October 
 
 14, 1066, in the battle wherein the Normans conquered 99 
 
 Chap. 5. — Views applicable to the period from 449 to 1066. Polity of the Ger- 
 manic race; developed on British soil. Process of migration to, 
 and conquest of, Britain by the English : their institutions before 
 the Norman conquest. The fine arts among them 101 
 
 1. Polity of the Germanic race; developed on British soil 101 
 
 2. Process of migration to, and conquest of, Britain by the English 103 
 
 3. General principles of the Anglo-Saxon government. 1'. 6 
 
 4. Status of the Anglo-Saxon population — The freemen and the slaves 106 
 
 5. Gradual process of change trom the personal to the territorial organization. 107 
 
 6. Of the territorial divisions into townships (or ty things), hundreds and shires; and the 
 
 officers and courts thereof, especially of the shiremoot 108 
 
 7. Of the witena-gemot, or assembly of the wise — the supreme council of the nation; its 
 
 legislative and judicial power 112 
 
 8. The ancient referendariua of the Merovingian succeeded by the chancellor of the Karo- 
 
 lingian sovf-reigns. Whence the English Chancellor derives his name and function. 
 Names of English chancellors before Norman conquest. Also of the Royal Seal 117 
 
 9. Of the king: not hereditary, but elected; by whom elected ; how deposed ; bis dignity 
 
 and power; the connection between the administration of the king's peace and his 
 
 function as the foontain of justice 119 
 
 10. The fine arte among the Anglo Saxons 121 
 
 TITLE 2. 
 
 INSTITUTIONS OF ENGLAND DURING THE NORMAN PERIOD, 123 
 
 Chap. 6. — Institutions in the reign of William I — 1066 to 1087 123 
 
 1. William crowned on Christmas day, 1066. How his successive conquests of English 
 
 territory should be regarded , 123 
 
 2. Of Feudalism in William's time « 124 
 
 3. Of Domesday book 126 
 
 4. Measnres to augment the free and benefit the servile portion of the population 127 
 
 5. How far previous laws and courts were preserved 128 
 
 6. Of changes in officials, and in their titles and functions ; qualifications for and manner of 
 
 appointment to ofiSce, and its tenure The Norman language more u-^ed and studied... 131 
 
 7. When, where and how the King sat in the Witena-gemot; retaining its ancient form 133 
 
 8. Of the separation of Church jurisdiction from secular business of courts of law. Precau- 
 
 tions of great importance , .....r:.... 134 
 
 9. What tile King did to have places of archbishops and other ecclesiastics properly filled ; 
 
 bringing from Italy and elsewhere men famous for learning and integrity. Particu- 
 larly of Lanfranc, the successor of Stigand. as Archbishop of Canterbury. Of Lan- 
 franc'sBuit, as Archbishop, against the Earl of Kent 136 
 
 10. Of the trial of the suit between Lanfranc, as Archbishop of Canterbury, and Odo, as Karl 
 
 of Kent; and of the suit between Gundulf, bishop of Rochester, and Picot, sheriff of 
 Cambridgeshire: in what court, in whose presence, and with what resnlt 137 
 
 11. Of the court of Chancery. Names of -chancellors in William's reign 138 
 
 12. To whom was, in the King's absence, entrusted the administration — the presiding over 
 
 the Curia Regis and managing the revenue. How the justiciar became a permanent 
 functionary 139 
 
 13. Under what circumstances the King, becoming his own officer, arrested his half-brother, 
 
xvi Contents. 
 
 Odi), bishop of Bayeux and earl of Kent : l^ft 
 
 14. Of William's character; his queen's death; ble last illneSa, and hie death (in 1087) 141 
 
 Chap. 7.— Institutions in the reign of Willian:i II— 1087 to iioo 142^ 
 
 1. What Willinm promised, and what oaths he took, to secure the crown 142 
 
 2, Of the justiciars in 1087 and 1088 142 
 
 3 Of the Archbishop of Canterbury as the Constitutional adviser of tUe Crown. Lan- 
 
 fraqc, the king's best counaellor, died in 1089 Of the chancellors before 1093. 143 
 
 4. In 109:i the king being ill, madH new promises, and nhose Anaeim archbishop of Canter- 
 
 bury; the king's conduct afterwards was worse than hefore 144 
 
 5. Of the character and qffices of Ralf (or Ranulph) the Flanibard; called by Henry of 
 
 Huntingdon "the king's pleader, or rather his perverter of justice, the instrument 
 of his exa -tlnns " Whether he is entitled to be called the father ot English lawyers, 
 or law writers. The king's works of archilecture and engineering; especially of 
 Westminster Hall 145- 
 
 6. In 1099, William kept court in the new palace at Westminster, In August 1100, by the 
 
 shot of an arr-^w he was killed, tlis character 148- 
 
 Chap. 8. — Institutions in the reign of Henry I — iioo to 1135 149 
 
 1. Henry chosen king; and William Giffard, the chancellor, chosen bishop of Winchester. 
 
 Of the oaths by, Henry at his coronntion; his c barter of liberties; and recall of 
 Anselm, archbishop of Canterbury. To some extent Henry restored the laws of 
 Edward the Confessor 149- 
 
 2. Henry, a native king, married Matilda, descended from Anglo-Saxon monarchs He 
 
 aiquired the surname of Beauclerc, or fine scholar; bhe shared in his love of liter- 
 ature. Of her death; his daughter's marriage; his sou's death; and his second mar- 
 liage 151 
 
 3. Of the adventures of Half (or Ranulph), the Flanibard, Though not again the king's 
 
 ' exactor,' or 'placitator,' he was restored to the bishopric of Durham 152 
 
 4. Of Roger, bishop of Salisbury ; and other chancellors during Henry's reign. Whether 
 
 in ttiis reign there whs conduct departing from the ancient maxim, *Quod cancellaria 
 
 Ttnn ntienda est.'' Official position of Hobert de Sigillo 153 
 
 5. Of Justiciars ; especially ot Binhop Koger, of Salisbury, as the great constructor of 
 
 judicial and financial organization. Comparison of whaf had been before, with what 
 is in, Heiiry's time. Ot the Exchequer; of the Supreme court of Justice, called 
 the Curia Regis; and the vieiitation of the kingdom by justices (officers of that 
 court). Among the justicos wre Geoffrey de Clinton, Kalph Basset and Kichard 
 Baaset 155- 
 
 6. Of Henry's greatness in the council ch*imber; his fucuUy of organization ; his love of 
 
 order and justice. He acquired the epithet — the Lion of Justice. What he did as to 
 Ioch) courts; privileges of towns; and maintenance of peace. His measures changed 
 the tempt- r of the Nurman rule , 158 
 
 7. NHtnre of the compilatitin called '■Leges Henrici Primi' 159 
 
 8. Of Heuiy's death in December, 1135. His character.... 160- 
 
 Chap 9 — Institutions in the reign of Stephen, 1135 to 1154 161 
 
 1. Of the nephews of Henry the First, Stephen crowned. He made promises of peace ard 
 
 justice, and by chartt,r confirmed the good cuetums ■ f King Edward's tim , and the 
 laws aud liberties given by Henry I. Some made to him an oath of allegiance, 
 with a conditional clause; thai is, so long aa he laithfully observed his euKagements, 161 
 
 2. Of the arcbliishup ol Canterbury: thi- Chaucellor, and Bishop Koger, of Salisbury, and 
 
 othei (iflfl ■er': ; the king's (onduct to them 163 
 
 3. Of th ■ Queeu uf Henry 1. How. at Arundel castle, she protected her daughter-in-law 
 
 ann gueut, Matilda At the end of 1139, Roger, bishop of Salisbury, died; the admin- 
 istration <«f the country ceased to work; and a long ?ivil war began 164 
 
 4. Of Henry's daughter, Matilda, after 1140. Of Oxfo d as a se^t of learning; whereiat'a 
 
 period of brute force, the antidote appeared in the systr-matic teaching of the law; in 
 1149 Vacarins began his teaching. Ot Henry, son uf Matilda, aud grandson of Henry 
 I; treaty, in 115s, between Stephen and Henry; death of Stephen in 1154 165 
 
 Chap. lO.^Despotic power in the reigns of the Norman conqueror and his sons. 
 Rules of law and modes of proceeding before the Norman con- 
 quest, compared with what existed during the Norman period.... 167 
 
 1. Despotic power in the reigns of the Norman conqueror and his sons. Beneficial in- 
 
 fluence of Anselm; the English clergy the basis of Anselm's strength 167 
 
 2. Of the rules betore the ronqueot a -d during the Norman period as to tenant by the cur- 
 
 tesy of England and'teuant in dower , ;|^68 
 
 3.^ The ca«« r of CoUingwood v J'ace, 1 Ventr. 414, and Bluckborough vriJatJis'l p" WmaSo' 
 ex»minfd in c..nnection with 1 Sponce's Kq., book I, ch. -i. pp. 24, 25, as to the law 
 of dtsceiitb of Hritnns, Romaun, Germans. Normans aud English I69, 
 
 4. Definition of Justice in Justinian's Partdects; id quod semper lequum et bonumlu^ 
 
 dicitur; suum cutque tnbuere. Copy ot the Pandt-cts discovered at Amalfl about 
 lid. ; m less than ten years afterwards Vacarins read lectures on civil law at Ox- 
 ford Kewnlti'f its ftud,\. Also of the Canon law 170. 
 
 5. Of the anciei.t national militia, whicl' subsisted side by sid? with the county court and 
 
 hundred court thmugh the Norman period. Hatred towards mercenaries in Stephen's 
 time. Measures at Wallingford in 1153 ;. -yj^ 
 
 6. Of the ' Tractatus de Legibus et Consueludinibits ^ Regni Angliee/ whereof Raniilph'de 
 
Contents. xvii 
 
 Otanville is coDsidered the author, Goncluston of Mr. Turner from a passage in this 
 treatise. AVhat is extrncted fVom it hy Mr. Stnbbs 176 
 
 7. Jurisdiction of thfl probate of wills. Where it was in Anglo-Saxon times; and how it 
 
 was cbansed io tbe Norman period. VIT 
 
 8. Of the Norman king as the source of justice; the resource on appeal for equity. Of the 
 
 justiciar, chnncellor and other functiouaries who are ministers of state and members 
 of the Curia Regis and Exchpquer, and as su'^h exercise judicial functions. Also, of 
 tne Witenu gemot of the kingdom, now subsisting under the title of the Great Court 
 or Council , 17T 
 
 9. Particularly of judicial proceedings in the klng^s presenoe during the Norman period. 
 
 Report of the cuurt held in 1088, on Bishop William of St. Carileph, cited to show the 
 
 Curia Kegia as it then was , 180 
 
 10. The National Council viewed as a full session of the Curia Regis ; or the Curia Regis as a 
 Committee of the C'Ouncil, Who presided in- the Kinn's absence ; and who were the 
 ordinary members of the coutt. The chancellor But in it as a member, although the 
 cause might not belong specially to the chancery. Al8'> of the Exchequer. The Re- 
 cord of its business preserved in great rolls, one of which was kept by the chancellor, 
 and called the roll of the chancery. In these rolls and Domesday book is a valuable 
 store of information , 182 
 
 TITLE 3. 
 
 INSTITUTIONS OF ENGLAND IN THE REIGNS OF HENRY II AND HIS SONS. 
 
 Chap. ii. — Institutions in the reign of Heijry II — 1154 to 1189 184: 
 
 1. Of Henry himself; his election and coronation Dec. 19, 1164 ; his charter of liberties; ex- 
 
 pulsion of mercenaries; and demolition of fottified houses 184 
 
 2. Of Theobald, an-hbishop of Canterbury, He recommended Thomas Becket; and Becket 
 
 was appointed chancellor. His qualificutions for tbe ofQce, and performance of its 
 duties '. ; '. 185 
 
 3. Of the Justiciars Robert de Beaumont, ^arl of Leicester, and Richard de Luci. Provision 
 
 for provincial as welt as for central judicature. Whether, in 1156. the chancellor was 
 with the king on the continent or remained in England acting as judge 187 
 
 4. Of Nicholas de Sigillo as Clericus or Magister Scriptorii. Also of the King's Chamber- 
 
 lnins IS*' 
 
 5. Of the King's return in 1167, and his employment in ' legal business.' Of his subsequent 
 
 return to Prance, accompanied by the chancellor. From 1168 to 1163 England was 
 administered by the justices On the lieath of Archbishop. Theobald the King re- 
 solved to advance Becket; in 1162 he was elected and consecrated archbishop; and re- 
 signed the chancellorship Uf his zeal in his new position 190- 
 
 6. What was done or left undone as to the chancellorship after Becket's resignation of it...,. 191 
 
 7. Of the King's return in 1163; and his application to business. As to the action of the 
 
 Curia Regis 192 
 
 8. Of the contest between the King and Becket ; * the Constitutions of Clarendon ' in 1164 ; 
 
 the council at Northampton in October of that year ; Becket's going to France ; and 
 
 his ^'truggle there tor six years 193^ 
 
 9. Of ju-^tices in 1164 and 1165 ; the assize of Clarendon in 1166; the growing work of the 
 
 Curia Regis ; the assize carried out in 1166-7. Of the survey in U67 ; and the cir- 
 cuits in 1168, 1169 and afterwards Among the barons and justices were William 
 Basset Hud Thomas Basset. 19T 
 
 10. Deaths in 1167, llfcS and 1169 of some of the King's oldest Counsellors. The treasurer 
 
 succeeded by his sou, Richard Fitz-Nigel (or Fitz-Neale), who continued in oflSce for 
 
 the rt-mxinder of the reign and frequently shared in the duties of a justice itinerant. 200 
 
 11. Investigation in 1170 of the conduct of sheriflFn and other officers 200- 
 
 12. In 1170 reconciliHtion with Becket. He returned to England; but was soon brutally 
 
 murdered. Of his great firmness of purpose; his capacity to baake a sacrifice to a 
 sense of duty 201 
 
 13. Of the general body of justices from 1170 to and after 1175; including Thomas Basset, 
 
 William Basset, lord of Saprote, and JRanulpk de GlonvUle 202 
 
 14. Of the king's employment in England during two years after his return from France, in 
 
 1175. The assize of Clarondon was, in January ll7fi, renewed and amplified in the 
 assize of Northampton. Six circuits created; each having three judges. The north- 
 ern circnit allotted to Ranulph de UHanville and iwo others 205- 
 
 15. On the king's return to England in August, in 1177. his attention called to the great 
 
 number of judges Court of five constituted out of the king's 'immediate servants.' 
 In 1179, the council of Windsor rearranged the kingdom into four judicial divisions. 
 Names of judges. Among thos^ kept In ofiice were Thomas Basset and Ranulph de 
 Glanmlle. Who succeeued Richard de Luri as chief justiciary. In 1180, Glanville 
 was in that office 20& 
 
 16. The internal administration regular and peaceful. Of the judicial characters. After 
 
 1182, one of the most remarkable was Hubert Walter, another was Samson de Ibting- 
 
 ton. He and Olanville were retained in office till the end of the reign 20^ 
 
 17. Of the assize of Arms in 1181 ; the assize of the forest in 1184 ; ?'emple Church in 1185; ^ 
 
 and the ordinance of the Saladin Tithe in 1188. Also of an enactment as to the law 
 
 of wreck 211 
 
 B 
 
xviii Contents. 
 
 18. Generally as to Henry's laws; and tbe matters for which his reign is commended; 
 
 especially of him as a legislator and admtnistratpr. He died July 6, 1189. 212 
 
 Chap. 12. — Institutions in the i^eign of Richard I, or Coeur de Lion — 1189 
 
 to 1 199 214 
 
 1. Of Richard's coronation, September 3, 1V89. His not appreciating faithful performance 
 
 of official duty. While Glanville was arranging to go to the Holy Land, Richard waa 
 selling the highest offices, William de Longchamp is the chancellor. Who are the 
 justiciars, and the council to assist them 214 
 
 2. Names of justices in 1 Rio I. One of them is William Fitz-Stephen, supposed to be the 
 
 author of Archbishop Becket's life 217 
 
 3. Of Richard^s departure from England, accompanied by a vice-chancellor with a Great 
 
 Seal, How, in a shipwreck, the seal was lost for a time. At Cyprus, in the spring 
 of 1191, Richard married Berengaria, daughter of the iing of Navarre; she was 
 crowned Queen of England ■ 218 
 
 4. How the oHice of justiciar, as well as that of chancellor was filled by Longchamp ; and 
 
 how he kept the bishop of Durham in retirement 219 
 
 £. Conduct of Longchamp to Geoffrey Plantagenet disapproved. How Longchamp was 
 deposed. By whom he was succeeiied as supreme justiciar; and who were the new 
 justiciar's coadjutors. In whose hands the seal was placed during the vacancy in the 
 chaccellorsbip. Of justices itinerant , 220 
 
 6, Of Richard's sickness in Asia; his truce with Saladin; embarcation on the Mediterra- 
 
 nean, and imprisonment in Austria. Administration by Walter de Constantius, the 
 justiciar, until tbe agreement for Richard's liberation. In the latter part of 1193 
 the justiciaryship resigned by him. and conferred on Hubert Walter, now archbishop 
 of Canterbury. Of Hubert's victory over John; and Richard's return to England in 
 the spring ot 1194 222 
 
 7. Of additional justices before or about the time of Richard's return to England. William 
 
 de Longchamp was restored, not to the office of chief justiciar, but to that of chan- 
 cellor 224 
 
 B. How Richard was occupied in his second visit to England. Of the great council in Not- 
 tingham in the spring of 1194; itrt measures. SherifTs who had taken part in Long- 
 chump's removal were displaced, yet transferred to other counties, Richard crowned 
 a second time ^ 224 
 
 9. Of the king's departure in May, 1194, accompanied by Eustace with the Great Seal. 
 Death, in 1195, of Hugh, Bishop of Durham. Official acts of William Longchamp, 
 until his death ih 1197 226 
 
 10. Operations of justice; aud names of justices in and after 5 Ric. 1 227 
 
 11. Of the visitation by the justices in September, 1194, under an extensive commission. Its 
 
 nature 228 
 
 12. Of Hubert Walter, after 1194, as justiciar and legate. Whether the proclamation for the 
 
 preservation of the peace is the origin of tlje office of " Conservator of the peace " 
 Hubert Walter offered to resign the justiciarship in 1196, but retained the office two 
 years longer. Eustace, bishop of Ely, succeeded Longchamp as chancellor. Of the 
 ' Diahgus de Scaccario,' of which the author was Richard Fitz-Nigel, the treasurer. 
 He died in Sept., 1198 229 
 
 13. In 1198, in a council of barons, tbe king's demand of a force for war in Normandy was 
 
 denied, upon the ground that the lands were to render military service within Eng- 
 land, and there only. In the same year there was a tax of five shillings on each hun- 
 dred acres of land. Of the principle applied in the assessment 230 
 
 14. Of Hubert Walter's resignation in July, 1198, as chief justiciary; and of the laws 
 
 ordained by his advice. His successor was Geoffrey FUz-Peter. Of his course 232 
 
 15. Whether Richard had anything to do with the laws of Oleron, or did anything to im- 
 
 prove maritime law. Of his death (April 6, 1199). He was a bad king. 232 
 
 Chap. 13. — Institutions in the reign of John — 1199 to I2i6 234 
 
 1. Of promises for and by John; his coronation May 27, 1199; his divorce from his queen, 
 
 in 1201, and his marriage to Isabella of Angouleme; his coronation with her at 
 Westminster in 1201, and at Canterbury in 1202. His interest in building London 
 bridge. His countenancing the murder of his nephew; and placing his niece under 
 confinement. Of his mother's death ; and his dominions on the continent 234 
 
 2. Geoffrey Fitz-Peter, earl of Essex, continued as chief justiciary. Hubert Walter^ the 
 
 archbishop of Canterbury, undertook the chancellorship. This regaided as proof 
 that the office of chancellor was advancing. Of Hubert Walter's death, in 12 <5. 
 To whom John then sold the chancery. Who was recommended by him for arch- 
 bishop of Canterbury; and who was preferred by the pope 236 
 
 3. Of chHrters of citi' s and boroughs. William of Ely the king's treasurer. How far 
 
 sheriffrt were changed. Names of sheriffs, and of constables of castles 238 
 
 4. Of the justices, in the reign of Richard, a considerable number acted in that of John. 
 
 Names of justices. Order that persons charged with homicide be kept in jail until 
 after trial 242 
 
 it. Sir Robert Cotton supposes that tbe commons were admitted, and thpir counsels used in 
 the 6th year of John's reign. This noticed in connectioa with grounds of com- 
 plaint of the barons against John, accumulating from 1200 to 1213. In 1213 is the 
 first occasion on which Mr. Stubbs finds proof that representatives were summoned 
 to a national council. What was done with the seal when Walter de Grey, the chan- 
 cellor, departed in October, 1213 ; and how, in his absence, Peter de Bupibus was chan- 
 cellor 246 
 
 6. Peter de Rupibus appointed justiciary in 1214, when the king was going abroad. The 
 
Contents. xix 
 
 resolution taken (during the king's absence) by the northern barons as to restoration 
 of laws and liberties and oon&rmation by a sealed charter. The crisis accelerated. 
 Walter de Grey resigned the office of chancellor, and was succeeded by Richard de 
 JUarisco. John's steps to divide his enemies unavailiug.. After a trace expired, the 
 army of the barons marched; and articles were presented to John. When, where 
 
 and bow Magna Carta was executed 250 
 
 '7. Observations on Magna Carta. To whom it is addressed ; by whose advice it is granted ; 
 the number of its clauses and the nature of the most important. Of the barons who 
 
 thereby imposed limits oa tyranny 263 
 
 8. After Magua Cha,Tt&, Hubert de Burgh ia made chief justiciary. Measures ostensibly to 
 complete the pacification ; yet both parties arming. Improper claim of the pope to 
 temporal power. How far his power was exerted on the side of John, The barons offer 
 the crown of England to Lewis, son of Philip of France and husband of Blanche of 
 Castile. In 1215-16 Lewis's army came. He was at London in June, 1216 ; in Octo- 
 ber, John was seized with illness, on the 14th, and died on the 19th 260 
 
 'Chap, 14. — Review of the period from 1154101216 264 
 
 1. Increased study of the civil law. Beneficial influence of Oxford 264 
 
 2. Need for beneficial influence to restrain such despotic power as is adverted to in ch. 10, 
 
 sec. 1. Instances of its exercise in John's reign 265 
 
 3. What formed the strongest link between the witenagemot of Edward the Confessor and 
 
 the court and council of the Gonqiieior and his sons. Of Lanfranc and Anselm ; 
 Roger of Salisbury, Becket, Hubert Walter and Stephen Laugton. Of the Exchequer 
 and the Curia Regis during the reigns of Henry II aud his sous 266 
 
 4. Of matters out of the jurisdiction of the common law and within the juiisdiction of the 
 
 lord admiral, or some otber. Of the principles of equity; the chancellor's increased 
 importance; and the nature of his functions.^ How his equitable jurisdiction arose. 
 Also of the antiquity and dignity of the keeper or master of the rolls 268 
 
 5. Of the itinerant justices, and the shire-moot. 270 
 
 6. From the systems of recognitions, assizes and presentments, by jury, Mr. Stubbs traces 
 
 the growth of the principle of representation 272 
 
 7. Of the English constitutional system as viewed by Mr. Stubbs ....^ 273 
 
 8. Of legislative wcJrk during the reigns of Henry II and his sons 273 
 
 9. Whence arose the systematic order.' Influence of the ecclesiastical system upon local 
 
 tribunals and their ofQcers, and the forms and mode of proceeding 274 
 
 TITLE 4. 
 
 INSTITUTIONS OF ENGLAND FROM I2l6 UNTIL I307, 276 
 
 •Chap. 15. — Institutions in the reign of Henry III — 1216 to 1272 276 
 
 1. Age at which Henry was crowned ; and first business of the council. "Who had the guar- 
 
 dianship of the king and the kingdom. How much of the Great Charter was re- 
 published. Wisdom of the government 276 
 
 2. Of the regent, William Mareschall, earl of Pembroke, and his sound policy; the chief 
 
 justicirtry, Hubert de Burgh, and his efforts; and the treaty of peace with Lewis of 
 France. Pacification crowned by a new re-issue of Magna Carta; and by a new 
 Charter, the Carta de Foresta, 277 
 
 3. The Great Charter is, in the re-issue of 1217, in its final form, the text being never again 
 
 materially altered. Of the charter of the forest; and the return to England in May, 
 1218, of Stephen Langton, archbishop of Canterbury. Also of Walter Gray, arch- , . 
 bishop of York , '. 279 
 
 4. Testimonial to the great man who, after acting as guardian to the king and regent of the 
 
 kingdom, died May 14, 1219. -. 280 
 
 5. Under whose care Henry was after the death of the Earl of Pembroke. Who inherited 
 
 that earl's preeminence. How the policy of Peter, bishop of Winchester, differed 
 from that of Hubert de Burgh, the Justiciar. Of Henry's second coronation, May 17, 
 1220; and other matters in 1220, 12:;1 and 1222 281 
 
 6. Of Richard de Marisco, chancellor until 1226; William of Ely, treasurer until 1223; 
 
 ■ Eustace de Faucoobridge, treasurer from 1223 to 1228 ; and of others in judicial office, 
 among whom, in 2 Henry III, was Alan Basset, a son of Thomas Basset; and in 3 
 Hen III, William de Cantilupe, John Mareschall (or Marshall), Walter Mauclerk, 
 Thomas de Muleton, Richard Poore (bishop of Chichester, Salisbury and Durham), 
 Philip de Ulecot, Robert de Veteri Ponte and Josceline de Wells (bishop of Bath and 
 Wells) 283 
 
 '7. Of the Pope's command, in 1223, that Henry, though young, should have the government 
 of the kingdom ; and the chancellor should use the seal according to the king's pleas- 
 ure. Hnw this mandate operated as between Hubert de Burgh on one side and 
 Bishop Peter and Faukes de Breaute'on the other 288 
 
 '8, Appointments of justiciers and justices itinerant in 4 and 5 Henry III J and in 7 and 
 8 Hen. Ill In the latter year (1224), Thomas de Muleton and Warin Fitz-Joel were 
 sent with Martin de PateshuU and Henry de Braybroc as justices to take assizes at 
 Dunstable ' 280 
 
 9. Though Lord Coke may be inaccurate in saying of 'JUartintte de PaUshulV that he was 
 
XX Contents, 
 
 chief justice of the common pleaa in 1 Hen. Ill, yet he (Martinus) was on the bench 
 as early as 1217; and afterwards, till bia death, was on Judicial duty; he was learned, 
 wise, and a hard worker. Of the judgment at Snnstable, in 1224, against Faukes de 
 Breaute. • • • ■■ 290- 
 
 10. Instead of submission to the jiidgmeht in 1224, there was an attempt to seiae the jndges ; 
 
 and one of them was taken to Bedford castle. Under the king's order the castle was 
 besieged ; the judce releasfid ; Faukes's brothfir, with several other knights, liauged ; 
 the castle deetroyed ; and Faukes banished the realm. His fall operated to strengthen 
 Hubert atid weaken the bishop of Winchester 201 
 
 11. Re-issue, in 9 Hen III (1225), of the charters. Lord Coke's exposition. John's Magna 
 
 Carta compared with this re-i-sue bv Henry. - 293^ 
 
 12. Names of additional justices appointed in 9 Hen. Ill, 10 Hen. Ill, and 11 Hen. III. 
 
 Among the appointees in 10 Hen. Ill, were Peter de Brua (or Bruis), and Wil iam de 
 Kaleigii (or Radley). Common, then, to place an ecclesiastic at the head of the com- 
 
 missiiin for a shire 30D 
 
 13. June 22, 1226, "writ for the summoning of four knights of the shire." Richard de 
 Marisco succeeded, in 1226, as chancellor, by Ralph de Neville, bishop of Chichester. 
 Of Henry's age when he undertook to regulate the affairs of the realm by himself. 
 Hubert de Burgh continued to be ju'^ticiar. Trace of an inner royal council, distinct 
 from the curia regis as it had been ; and from the common council of the realm. Now 
 the common council claims the right of nominating, or confirming nominationa of, the 
 JL'sticiar, chancellor, and other great officers of state 30&- 
 
 14. Additional appointments of justices during Hubert's administration. Of the power 
 
 whir.h he exercised, though hampered by the king's interference; circumstances com- 
 bined to make his position difficult; yet he did a great work 30T 
 
 15. Of 1231 ; " the writ for assembling the county court before the judges itinerant;" " writ 
 
 for assembling the Juraii adarma' ;" and return of Peter dea Roches from the crusade. 
 Of the council of March 7, 1232; Peter's advice; and the king's action. He diq- 
 misaed from the treaaurership an old clerk of Hubert; appointed in the treasurer's 
 place AValter Mauclerk, bishop of Carlisle; and afterwards dismissed Hubert him- 
 self. The persecution of Hubert based upon untenable accusations 301> 
 
 16. Of Stephen de Seagr ave, v/ho^ iit 1232, succeeded Hubert de Burgh as chief justiciary; 
 
 regulations in 1232 for collection of the 'fortieth'; and in 1233 for conservation of 
 
 the peace 311. 
 
 17. Changes in 1233, in the office of treasurer; and in sheriffdoms and other places. Oppo- 
 
 eitinn under earl marshal Richard. Resolution of the earls and barons announced 
 by Robert Bacon, a Dominican triar. Bishop Peter opposed by the other bishops. 
 Civil war in 1234. Hubert de Burgh escaped from the church of Devizes and joined 
 the earl. The king defeated; but the earl marshal mortally wounded 312" 
 
 18. Edmund Rich, the new primate, visits the king, and insists on reform of abuses, and dis- 
 
 missal of bad advisors. The king gives way. Peter des Roches confined to spiritual 
 duties. Peter de Rivaux compelled to resign all his offices. Stephen Seagrave fell 
 also. Both treasurer and justiciar called to a strict account. Hubert de Burgh 
 restored to his estates. Hugh de PateshuU succeeded Peter de Rivaux as treasurer. 
 John Mansel's office in the Kxchequer ., 314 
 
 19. Of Alexander (1e Swereford (compiler of the Red Book of the Exchequer); and other 
 
 persons admitted in 18 Hen. Ill (1234j, tanqtiam baro. Also of justices in 1231, espe- 
 cially of tbo&e appointed in that year ad bancum .,.., , 31ft 
 
 20. Marriage of the king's sister, in 1235; marriage of the king himself in 1236; statute 
 
 passed soon afterwards, called the statute of Merton, when all the earls and barons 
 answered quod nolunt leges Angb'se mut'are. What (according to John Setden) was 
 signified thereby as to the imperial law. Lord Cokeys commendation of the judges at 
 the time of the statute of Merton and before and some time after'. SIO- 
 
 21. Of the queen's countrymen now in England; among whom was her uncle, William, 
 
 bishop of Valence, and her brother, Boniface of Savoy, who became archbishop of 
 Canterbury. Alarm in 1236 that the toreigners were too powerful. The king's con- 
 duct. What was done or pronounced by him ; and how money was raised for him. 
 In 1240 old St Paul's was finished 321 
 
 22. In 1238 Michael Belet a barun of the Exchequer; Ralph de Neville still the chancellor. 
 
 As to custody of the Great Seal, and profits of the chancellor-hip until his death. 
 Articles in 23 Hen. Ill (1239^ against Hubert de Burgh; answers thereto; and 
 results of the case..... 323- 
 
 23. Of William de piaverhull, treasurer in (and perhaps before and after) 1242; and of 
 
 others appointed barons of the exchequer and justices itinerafit in 1240 and the five 
 succeeding years 326. 
 
 24. Peers Varly summoned to pirliament. Important proceedings in parliament in Jan., 
 
 1242. Further advance by the barons in 1244. How the discussion ended 32T 
 
 25. Of the council of Lyons in 12J5; appointment in that year of treasurers of a new Ex- 
 
 chequer. Names of justices in 1246, 1247,1248 and 1249 331 
 
 26. Parliaments and events from 1246 to 1249. Demand that the common council of the 
 
 realm shal' appoint a justicier, chancellor and treasurer. 333. 
 
 27. Names of justices appointed in 1250, 1251 and 1252; among them are Henry de Bracton, 
 
 Mobertde Brm, SilyeBter de EveidonandGilbert.de Preston 334 
 
 28. In 1252. 'writ for enforcing watch aud ward, and the assize of arms;' demand of 
 
 revenue for a crusade ; and opposition to it ; pharter of Feb. 11. 1251-2 What was 
 granted in 1253, to the king when he confirmed the charters. Grant in 12d3 of the 
 custody of an old caatle erectea by the Normans on the site of a Roman station. 
 Names of justices appointed from 12N3 to 1258, 337' 
 
 29. Treasurer of the Exchequer iu 1257, 1258, and afterwards ; names of other barons of the 
 
 Exchequer in 1257 and 1258..^ , , 34j 
 
Contents. xxi 
 
 ^0. Custody of the Great Seal after Chancellor Neville's death (1244); respective parts of 
 Silvester de BverdoD, John Mansel, John de Lexington, Peter de Rivallis, William de 
 EilkeQny, and Peter Chaceporc (or Chaceport). la 1253 taunting speech of the king 
 to filv^ster de Sverdon. Patent of July 2, to Queen Eleanor and Bichard, earl of 
 Corn wall, as regents during the king's absence. Observations upon Lord Can pbelPs 
 chapter, entitled ' Life of Queen Eleanor, Lady Keeper of the Great Seal.' Upon the 
 king's return to England in Jan., 1255, the Sea) was delivered into custody of Henry 
 de Wingham. Of John Mansel and Bishop Kilkenny in 1256. 343 
 
 ^1. Summons to parliament in 1254; charter to Oxford in 1255; quarrels in parliament and 
 council in 1255 and 1256; return of Simon de Montfort. In 1258 parliament at Lon- 
 don in April; canons by Archbishop Boniface, June 6-...1 340 
 
 ^2. Curious ways of obtaining money for the king continued till the parliament at Oxford 
 in June, 1258. Grievances complained of. Arrangement for a new provisional 
 government; a commission of tweuty-four; and other measures. Hugh Bigot bo* 
 comes chief justiciary. Henry de Wingham continues in custody of the Great Seal, 348 
 
 -33. From June, 1258, until the spring of 1263, of the provisional government; the custody 
 of the Great S«al; the treasurer; xhe chief justiciary; and some of the more im- 
 portant of the other justices. Particular persons now assigned ' ad tenendum bancum 
 regis.* Position of Roger de Thurkilby, Henry de Bathonia, William de Wilton and 
 Gilbert de Preston.,., 358 
 
 ■34. Of the justices generally, from 1260 to 1263; the salary to four 366 
 
 35. The civil government, from the summer of 1263 until the treaty of May, 1265, known as 
 
 the 'Mise of Lewes;' afterwards until the battle of Evesham, in August 1265; and 
 from that time until the ' Dictum of Kenilworth,' in Nov. 1266. Especially of the 
 chief justiciary, the Great Seal, the chancellors and treasurer 359 
 
 36. As to Articuli Cleri ; what was done at a parliament in 51 Hen. III. Alienation from 
 
 the papal see and papal institutions 363 
 
 37. The statute of Marlbridge (52 Hen III); which conceded much that had been asked for 
 
 in the parliament of Oxford in June, 1268 ; and reenacted the provisions of 1259. 
 How the shires were represented in 52 Hen. Ill 363 
 
 38. Of the treasurer and chancellor of the exchequer, and the custody of the Great Seal from 
 
 50 Hen. Ill (1266) until the end of the reign. Richard de Mddleton, keeper of the 
 Great Seal in 1269, was afterwards raised to the dignity of chancellor 367 
 
 39. Of the justices generally from 50 Hen. Ill (1266) until the end of the reign 368 
 
 40. Of men at the head of courts from 51 Hen. Ill until the end of the reign ; Nicholas de 
 
 Turri, in 51 Hen. Ill; Robert de Brus, in 1268, * capitalis justiciaritis ' ; Gilbert de 
 Preston, in 1269, with a grant of 100 marks annually. What was the position of 
 Hewy de Bracton ; whether he became chief ju^^tice 373 
 
 41. Of arrangements for Prince Edward to go to Palestine ; of parliaments from 1269 to 1272 ; 
 
 and of King Heniy's death, November 16, 1272. His character i 374 
 
 Chap. i6. — Institutions in the reign of Edward I — 1272-1307 377 
 
 1. The regency until Edward's return to England 377 
 
 2. Of breaking the old an,d making a new seal. Walter de Merton chosen chancellor. Until 
 
 the king's return he stayed at Westminster, where, in hanco^ cases were heard. 
 When Edward received intelligence of his father's death ; when and what he wrote to 
 Chancellor Merton 378 
 
 3. Appellatives of chief justices before_and in, and since, 1 Edw. I. Mode of creating 
 
 justicps. Title of Chief Justice applied to Gilbert de Preston in 1 Edward I. He was 
 Chief Justice of the King's Bench. Who, during the regency, were justices of that 
 court and of the Common Pleas; and barons of the Exchequer. Whether during 
 that period there were justices itinerant 379 
 
 4. In 1273, of Edward at Bologna ; of Accursivs and his son Franciacus, who followed Ed- 
 
 ward to London. In 1274 the coronation. Walter de Merton succeeded as chancel- 
 lor by Robert Bumel. Justices for assizes beyond ihe Trent 382 
 
 5. Of Edward as a law-giver; of those who ably assisted him, especially Francis Accursiue 
 
 and CJianceUor Burnell. How reforms began which gained for Edward the title of the 
 English Justinian : ^ 383 
 
 6. Of Edward's first parliament; its work, the statute of Westminster the first (1275), 
 
 almost a code by itself. Especially of chapters 4, 5, 25, 26, 29, 30 and 46; observa- 
 tions thereon by St, German, Lord Coke and Mr. Stubbs 386 
 
 7. Method of proceeding in parliament in 4 Edw. I. Then the Lords and Commons sat 
 
 together. Statutes enacted at a session attended by Francesco Aecurai, the Bolognese 
 
 lawyer 388 
 
 ■8, From 4 Edw. I until 1278: of the Chief Justices, and their associates; and of justices 
 
 itinerant, barons of the Exchequer and chancellor of the Exchequer 389 
 
 9. John de Xirkeby substituted Robert JSumelj the chancellor, during his temporary absence, 
 
 Feb., 1278, and on other occasions. As to requiring the chancellor to be in a certain 
 ' place 393 
 
 10. Of the expedients, in 1278, for raising money ; the writ in June * for distraint of knight- 
 
 hood'; the statute in August, of quo warranto''; proceedings under it; jealousy man- 
 ifested by the barons, particularly the Earl of Warenne; also of the statute of 
 Gloucester; Lord Coke's observation thereon 392 
 
 11. Justices in 6, 7 and 8 Edw. I; their compensation 396 
 
 12. Treasurer of the Exchequer and chancellor of the Exchequer in and after 1281. They 
 
 were of the Curia Regis et Concili% whose judgmjont in 9 and 10 B. I, is pronounced 
 in the House of Lords in 1844, 'of the highest weight.' Of John de Kirkeby, the 
 treasurer, in 12 Edw. I (1284) ; his doing ^quale dejvre et gratia Cancellariie' ought to 
 ■be done 39ft 
 
xxii Contents. 
 
 13. Growth of the representative syBtem in church councilB. Of the eccleBiastical council at 
 
 Beading, in August, 1279; and the enactment ih 7 £dw. I, of the statute 'de Meligi- 
 osis' or 'statute of mortmain' ■•" 
 
 14. Of the ecclesiastiteal council at Lambeth in 1281 ; and the kiog's prohibition. Of the 
 
 councils called by the ting in 1282 and 1283; the enactment, in 1283 (U Bdw. I), at 
 Acton-Burnell (the place of Chancellor Burnel's birth and residence), of what is 
 called the statute of merchants, or the statute of Acton-Burnell. What, under this 
 statute, IB to be done by the ' chancellor. Also of the statutes of Wales and the 
 statute of Rhaddlan; a clause in the latter limiting the jurisdiction of the court of 
 Exchequer. How legal ibusioesB was now divided between three courts. Of thp care, 
 in 1284, of the Great Seal during the chancellor's absenco. 398- 
 
 15. Statute of Westminster the second (1285) ; especially ch. 10, against fraud by delivering 
 
 writ in party's absence; ch. 19, as to liability for intestate's debts, so far as his goods 
 will extend ; ch. 24, providing against one having to depart from court without 
 remedy; ch. 29, as to proceedings for trespass and on appeals ; ch. 30, before whom, 
 and when and how' assizes and inquisitions shall be taken, and by whonn clerks shall 
 be appointed; ch. 43, prohibiting the bringing before others matters belonging to the 
 king's court; ch. 49, to prevent justices or other officers from receiving or taking 
 what they ought not to receive or take - 401 
 
 16. Of the statute of Winchester, and other legislation, in 1285. Of justices itinerant in 
 
 same year. In what year were the statutes of Exeter 407 
 
 17. In the chancery court, many officers ; to John de Lcmgton is traced in 14 Edw. I (1286), 
 
 the title of Master or Keeper of the RoIIb. With this office is united that of Gustos 
 
 * doniMS conwersorwm' ■ -— - ^^ 
 
 18. In 1286 the king took with him to Gascony the Chancellor and the Great Seal. Working 
 
 of the justices in his absence. In 1289 the barons refused him a grant until they 
 should see him in his own land. On his return he heard complaints againot the jus- 
 tices. The two chief justices and some other officers are removed from office, fined, 
 and otherwise punished ; and are succeeded by Gilbert de Thornton and John de 
 Metingham and others. Of Metingham as a judge, a scholar and an author. 410 
 
 19. In 18 Edw. I estate recovered on the ground of illegitimacy. Business of parliaments of 
 
 1290 ; and of 1291-2. Of the expulsion of Jews from the realm ; deaths of the queen 
 and the treasurer; appointments of new treasurer and additional barons of the Ex- 
 chequer Death in 1292, of Cliancellor Bumel. His character. The Master of the 
 Bolls (John de Lcmgton) el&vated to the chancellorahip. Walter de Langton made 
 treasurer. Trouble arising from P. de Qaveston 414 
 
 20. Justices and Barons in 1291,1292 and 1293; including those named in year books of 20 
 
 and 21, and 21 and 22 Edw. I -. 418 
 
 21. Of the parliaments in 1293 and the statutes which they passed ; circuits of judges ; and 
 
 regulation of juries. Names of justices assigned to circuits..... - ., 421 
 
 22. Parliament of 1294 : acquisition of the right of representation; acknowledgment of the 
 
 need of consent to taxation. Steps taken in 1295 for Great Council in tne summer 
 
 and Parliament In the fall. Of Justices and barons in 1295, 1296 and 1297 423 
 
 23. Of the struggle for 80 years from the ' parliament of Runnymede ;' of the statute of 25 
 
 Edw. I (1297) confirming the charters ; of the statute of 27 E. I, called Ordinatio de 
 Ubertatibita perquirendis ; and of the articles in 28 Edw. I (1300), called ^ ArticuLi 
 super charUie' with Lord Coke's observations thereon 425 
 
 24. Parliament, in 1301, denied the jurisdiction assumed by the pope to adjudicate upon the 
 
 king's temporal rights. In 1303 " writ of summons to a * colloquium ' of merchants." 
 Of statutes in 33 S-t and 35 Bdw. I ; especially the statute in 34 Edw. I ; ' de tallagio 
 non concedendo/ with Lord Coke's observations thereon ; and on the ' Statute of Car- 
 lisle,' in 35 Edw. I, called by Lord Coke 'Statuttimi de cu^ortatis religiosorum' By 
 the king's command Piers Qaveston banished England 432^ 
 
 25. Of the master or keeper of the Rolls, and of the chancellor and the custody of the Great 
 
 Seal from December 17, 1292, until the end of the reign. Also of the treasurer and 
 
 the chancellor of the Exchequer in the latter part of the reign 436- 
 
 26. Appointments of barons of the Exchequer from 1297 until the end of the reign. Wil- 
 
 liam de Carleton, senior baron from 1303 440 
 
 27. Justices of the King's Bench irom 1301 until the end of the reign. Roger le Brabaxon^ 
 
 Chief Justice ; and Menty Spigumel on the bench with him. Of the Tear Books in 
 
 30, 31 and 32 Edw. I, and of those appearing therein as justices 441 
 
 28. Justices of the Common Pleas in 1301, and afterwards until the end of the reign. Ralph 
 
 de Hengham, Chief Justice. Conspicuous Is Feter Mallore, before whom Bir WiUiam 
 Wallace was tried 443^. 
 
 29. Of itinerant justices in and after 30 Edw. I, and of justices of trailbaston in 33 Edw. I 
 
 and 35 Edw. I , 444 
 
 30. Of Edward's death, July 6, 1307 ; his person and character. Condition of his body in 
 
 1774. Character and action of Hen. I., Hen. II and Edw. I compared. Elements, 
 characteristics and results of Edward's greatness 445 
 
 Chap. 17. — Review of period from 1216 to 1307 449 
 
 1. Hubert de Burgh, England's last great justiciar. How maratlme jurisdiction was ai> 
 
 ranged afterwards.. , 449 
 
 2. Of the Court of Exchequer, King's Bench and Common Pleas; and the jurisdiction of 
 
 itinerant justices ,„. 450 
 
 3. Conservators of the peace ; courts of the shire and hundred ; manorial courts ; and 
 
 regulations for juries 451 
 
 4. Of the shire (or county) communities 453- 
 
 5. Of the town communities ^ 455> 
 
 6. The date at which, and the mode in which, was fixed the right of the communities of 
 
Contents, xxiii 
 
 shires and of towns to representation in parliament « 46& 
 
 7. Uncertainty for a time as to what should be the estates of the realm; whether the law- 
 
 yers or the merchants should form an estate ;...-.. 457 
 
 8. Ancient law books connected with the 13th century: The Begister; The Mirror; Brac- 
 
 ton; Thornton: Britton; Fleta. 458 
 
 9. How Roman law came into use, in England, in the thirteenth century; and then gave a 
 
 rule which has been followed , ifiS- 
 
 10. In the registf'r of writa, * the anclentest book in the law,' notice is taken of the Master 
 
 or Keeper of thp Rolls and of the other Masters. Equity is old : but of the chancery 
 an a court of equity there is no mention by Glanville, The Mirror, Bractouj Britton, 
 or Fleta. The date of the book c&Wed * DiversiU des Courtes^ remarked on 465 
 
 11. The National Council as it had been before, compared with the National Council as it 
 
 remained at, the end of the reign of Edw I ; the three bodies or estates of which the 
 parliamentary assembly consists; its power not only of taxation and legislation, but 
 in other matters which could not be redressed by ordinary course of law 466- 
 
 12. Of institutions antecedent to the high court of pHrliament ; especially of the ancient 
 
 count and council of the king, which was the parent of the Uouse of Lords. Func- 
 tions of the king's council connected with judicature and legislation ; especially in 
 hearing suits and petitions 468 
 
 13. Especi&lly of the court of chancery; not only as ojjicina justitim; but also in respect to 
 
 the origin of its jurisdiction as a court of equity 470 
 
 14. Of great men in the thirteenth century ; to whom credit is due for the coostitution that 
 
 emerges from the struggle in this century; of kings and ministers; the barons, 
 clergy and people l 475- 
 
 TITLE S. 
 
 INSTITUTIONS OF ENGLAND FROM I307 UNTIL 1399, ^^3 
 
 Chap, i8. — Institutions in the reign of Edward II — 1307 to 1327 48S 
 
 1. Commencement of his reign. When and where the Great Seal was delivered him by the 
 
 chancellor Baldock. Piers Gaveston received with favour by the King ; John de Lang~ 
 ton chancellor ; Walter Reginald treasurer, in place of Walter de Langton; Adam de 
 Osgodhy continued as Master of the Rolh. Also of the Chancellor of the Exchequer 
 and oflBcers of the wardrobe 483^ 
 
 2. Of the king in October, 1307, at the parliament of Northampton; and at his father's 
 
 burial at Westminster. Of the king's marriage to Isabella of France, in January, 
 1308; and the custody of the Great Seal during his temporary absence. The king's 
 coronation in February; and the Groat Council in the spring. The course as to Piers 
 Gaveston 485 
 
 3. Barons of the Exchequer on Edward's accession ; new appointments to Exchequer 
 
 Bench until March, 1309 48ft 
 
 4. Judges of King's Bench and Common Pleas on Edward's accession ; additions to or 
 
 changes upon the bench until November, 1309 488 
 
 5. Of persons who, though not justices (.>f the bench, acted in a judicial •capacity in the 
 
 early part of the reign of Edward II 490 
 
 6. In 1309, of parliament at "Westminster, in April; and the statute of Stamford. In 1310, 
 
 struggle for supremacy; a commisBion whereby Edward's authority was superseded... 490 
 
 7. The treasurer from May 14, 1308, until July 6, 1310, Chancellorship resigned by John de 
 
 Langton, May 11, 1310. As to custody ot the Great Seal until July 6, 1310. Then 
 Walter de Reginald took the ofiice of the seal, and was succeeded as treasurer by John 
 deSandale 492 
 
 8. Six ordinances confirmed by the king in August, 1310. The same six, and additional 
 
 ordinances, enacted by the Parliament of August, 1311. Purport of the most im- 
 portant 494 
 
 9. Whether new nflScers were appointed in or soon after August, 1311, to the chancery and 
 
 the treasury. Particularly of Adam de OsgodJby^ master or keeper of the Rolls : and 
 of the keepers of the Great Seal till April, 1314, Also of the barons of the Exche- 
 quer; and especially of Walter de Norwich, who was appointed in 1311, in August, a 
 baron of the Exchequer, and in October, locum tenens of the treasury; and in March, 
 1312, was again made barou and described as *Nunc capitalis baro*....^.,^ 496 
 
 10. Appointments of justices of assize in 4 Edw. II, aifd till 1314 498 
 
 11. In 1312, of the king and Gaveston; the latter illegally beheaded ; and the king too weak 
 
 to bring the oflFendws to justice. Birth of Prince Edward ; the king's visit to France 
 in 1313 ; John de Drokensford being regent. After the king's return, a new parlia- 
 ment; and paci6cation. 499 
 
 12. The treaaurership and the custody of the Great Seal from 1312 until 1317 ; viewed in con- 
 
 - nectioB with the state of things after the battle of Bannockburn, in 1314. 501 
 
 13. John de Hotham chancellor of the Bxch^-quer, from Dec, 1312, till 1316 ; Roger de North- 
 
 burgh, keeper of the wardrobe in 1316 ; barons of the Exchequer from 1313 till 1322, 502 
 
 14. Appointments of judges of the Common Pleas from 1313 till 1321.' 505 
 
 15. In 1315 the Spire of St, Paul's taken down and replaced. Generally as to the state 
 
 of things in England In 1315 and 1316. How the King's authority was superseded. 
 Proceedings of the King, the council and the parliament 507 
 
 16. In 1316 Boger le Brabaaon resigned, and WUliam Inge was elevated to the office of Chief 
 
514 
 
 xxiv Contents. 
 
 Justice of the King^s Bench. Changes on this bench till 1320..., , - 50* 
 
 17. Iq 1316, Adam de .Osgndby died, and was succeeded by William de Ayremynne as Master of 
 
 the Rolls. Of the treasurer, chancellor of , the Exchequer and Lord Chancellor of 
 England from 1316 to 1319. John de SandaU- was succeeded in the latter ofiBce by 
 John de Hotham. The masters, as his standing counsel, assisted him in 12 JBdw. II, in 
 the case of the Abbot ol St. James. Upon Hotham's rcBignation in Jan. 1320, John 
 Salmon became chancellor —.■- ■ blO 
 
 18. State of things in 1318, after the capture of Berwick; what was done in the parliament 
 
 of th£\,t year at York : of the statute called the * Statute of York ;' and ol other 
 statutes •••• •i.....> ........■• <-.....* ..>.••••> 612 
 
 19. Of the parliaments of 1319, 1320 and 1321 ; sentence in parliament of July, 1321, against 
 
 the Despensers - ■ •■— • ^1* 
 
 20. Of conduct to the Queen at Leeds Caatle, in October 1321. How Bartholomew lord 
 
 Badlesmere was tried and punished. To whom the term 'jnsliciarius regW was now 
 applied • "■■■-■ ■ :" ",*"'■; 
 
 21. How energy was developed in Edward's character. State of things after the battle of 
 
 Borough bridge, March 16, 1321-2 ; the Earl of Lancaster condemned and beheaded. 
 What had been his idea of government. In parliament at York, in May 1322, repeal . 
 of ordinances of 1311. What is now done as to the Despensers ; and their pursuers, 515 
 
 22. Of JoAn de Stratford; among legal persons to advise the council or parliament; ap- 
 
 pointed chief judge of the court of Arches; in 1323 made by the pope bishop of 
 Winchester. Proceeding against him in the king's bench; the case removed to par- 
 liament in Feb. 1324 516 
 
 23: Chancellorship of John Salmon from Jan. 26, 1320, until the summer of 1323. Bohert de 
 Baldock raised to the chancellorship Aug. 20, 1323. Statutes of 1323 and 1324, and 
 others of uncertain date. May 26. 1324, William de Ayremynne became keeper of 
 the King's Privy Seal, and was succeeded as Master of the Rolls by his brother, 
 JRichard de Ayrp.mynne, who on July 4th, 1325, was succeeded by H&nry de Cliff. Of 
 the custody of the Great Seal in the Chancellor's absence - 518 
 
 24. Appointments in 1323 and 132-t of barons of the Exchequer, and judges of the King's 
 
 Bench and Common Pleas. In March, 1323-4, Hervey de StauTiton was superseded as 
 Chief Justice of the King's Bench and reappointed Chancellor of the Exchequer, In 
 July, 1325, William Melton, archbishop of York, was constituted treasurer of the Ex- 
 chequer • '--■ • 520 
 
 25. Of Edward II and his Queen, their son Edward and Roger Mortimer from the summer of 
 
 1324 until the winter of 1326-7. Of the Despensers, Robert Baldock. the chancellor; 
 Walter Stapledon, the treasurer; Robert de Ayleston, chancellor of the Exchequer, 
 and Hervey de Staunton, chief justice of the common pleas. Fate of Stapledon and 
 the Despensers. How the king's son, Edward, was mHde (in October, 1326) gnardian 
 of the kingdom ; John de Stratford (Nov. 6) locum tenens of the treasur'^r ; the king 
 and his chancellor captured Nov. 16. How and when the Great Seal was obtained 
 from the king, brought to the queen and placed in William de Ayremynne's hands. 
 How long custody of the seal was with him and Henry de Cliff, master of the Bolls. 
 How and when Edw. II was deposed.. 622 
 
 Chap. 19. — Institutions in the reign of Edward III — 1327 to 1377 526 
 
 1. In January, 1326-7, accession to the throne; proclamation; John de Hotham, bishop of 
 
 Ely, chancellor. In February, parliament. Of the standing couocil which it ap- 
 pointed; and the statutes which it enacted. ..-.. 526 
 
 2. Appointments in 1327 to the court of Exchequer, King's Bench and Common Pleas ; and 
 
 to other offices. Especially of the early life and offices of Richard de Bury (or de 
 AungeryilleJ, a future treasurer and chancellor 528 
 
 3. Ill treatment of the ex-Chancellor Haldock and the late Kiug (Edw. II). In 1327 the 
 
 former died May 28; the late King was inhumanly murdered Sep. 21. In 1328 Ed- 
 ward III m^^rried ; and there were four parliaments, one of which passed (in 2 Ed- 
 ward III) the Statute of Northampton 531 
 
 4. In 1328 John de Hotham retired from the chancellorship, and was succeeded by Henry 
 
 de Burghersh, who had been treasurer. Henry de Cliff continued Master of the 
 Rolls 533 
 
 5. Appointments in 1328, 1329 and 1330 to the Exchequer Bench, King's Bench and Com- 
 
 mon Pleas. Also as to justices itinerant, or of assize 534 
 
 6. With the conduct of the King's mother and Roger Mortimer, Earl of March, dissatisfac- 
 
 tion was manifest after the King's uncle, the earl of Kent, was beheaded. In 13:i0 
 Mortimer was arrested, and parliament called. Its proceedings. What was enacted; 
 especially as to actions by executors for trespasses in decedent's life time 538 
 
 7. Appointments in 1331, 1332, 1333, and Jan. 1334, to the Exchequer Bench, King's Bench 
 
 and Common Fleas .<t 543 
 
 8. 1330, Nov. 28, Henry de Burghersh, bishop of Lincoln, was succeeded as chancellor hy 
 
 John de Stratford, bishop of Winchester. William de Melton, archbishop of York, 
 restored to the treasurership ; thereto William de Ayremynne, bishop of Norwich, 
 succeeded April 1, 1331. Robert de Stratford, brother of John, is made chancellor of 
 the Exchequer. How far the Great Seal was, during John's chancellorship, entrusted 
 in his absence to Robert and others. Of the parliament in 5 Edw. III. Afterwards 
 John de Stratford was made archbisht»p of Canterbury. He was present as chancellor 
 in the parliament of 6 Edw. III. but on Sep. 28, 1334, resigned the Great Seal ......... 546 
 
 9. In 1334, Richard de Bury (or De Auiigerville) constituted treasurer Feb. S, and raised to 
 
 the chancellorship on Sep. 28. Of his habits, learning aud taste; the valuable library 
 collected by him ; and his disposition of it. Of his work cilled ' Philobiblon,' whereof 
 
 an American edition was published at Albany by Joel MunseU in 1861 54& 
 
 10. * Modus tenendi parliamenti* Whether division of parliament into two houses is to be 
 
Contents. xxv 
 
 referred to 6 Edw. III. Peculiar condition of Berwick after battle of Halldown Hill 
 
 in 1333; acts of parliament enacted for England and 'Berwick-upon-Tweed' 550 
 
 11. 'Parliament at York in 8 Edw. III. Ita enactmeats; one being as to Sir Jeffrey le Scroop, 
 
 0. J., Sir Richard Willoughby and Sir William Shareehnll 552 
 
 12. -Of Heniy le Scrope chief baron of the Exchequer from 1330 to 1336 ; William de Herle, 
 
 chief justice of the Commou Pleae from 1333 till 1337 ; and Genffrey le Scrope, chiet 
 
 justice of the Kint;^B Bench, till 1338. 553 
 
 13. Additional appointments to the Exchequer Bench between Angufit, 1334, and July, 1340, 655 
 
 14. Additional appointments to the King's Bench between August, 1334, and July, 1340 556 
 
 15. Additional appointments to the Common Fleas between August, 1334, and July, 1340 557 
 
 16. Of the parliament in 9 Edw. [II; ita enactments aato the mode of proceeding in 9, suit 
 
 against two or more executors. O^ the parliament in 10 Edw. Ill; its curious legis- 
 lation. Also of parliament in 11 Edw. Ill 558 
 
 17. Of the Master of the Kolls— Michael de Wath, 1334-1337 ; John de St. Paul, after 1337. 
 
 Of Henry de Burghersh, treasurer, from 1334 to 1337. Of John de Stratford, ohan- 
 celtnr, 1335-1337 ; Robert de Stratford locwn te.nens in that time, and chancellor, 
 1337-1338; Richard de Byntewonh, chancellor, 1338-1339. Thomas de Baumbaugh 
 sometimes keeper of the Great Seal 560 
 
 18. Of thi^ king's absence in 1338 ; the lieutenant or keeper of the kingdom in his absence; 
 
 and the treasurer during part of the time 562 
 
 19. Of the treasurer in 1339 and 1340; whether Henry de Burghersh was in the treasnrership 
 
 in either of those years; when he died. .* 663 
 
 20. Two parliaments in 13 Edw. Ill ; one in Octo., 1339, the other in Jan., 1339-40. Two 
 
 houses in*each of these parliaments; increased weight of the commons. Case 
 wherein before final judgment there were proceedings in a higher tribunal, and a 
 writ sent to the court below to give judgment -. 563 
 
 ^. Ordinance in 14 Edw. Ill, that the chancellor in a certain matter should have power 
 tn hear complaint by bill and proceed by subpcena in chancery. Also of the par- 
 liament in this year; its four statutes, of which the first is pertinent to a ca&e men- 
 tioned in the preceding section 665 
 
 '22. Of John and Robert de Stratford; in 1340 the chancellorship was in April in John for the 
 third, and in July in Robert, for the second, time. In November the King removed 
 the chancellor, several of the judges and other oflScers, and caused arrests and im- 
 prisonments. 'Th« course now of John de Stratford, Archbishop of Canterbury; his 
 controversy with tho King. By patent of 18 Jan , in 14 Edw. Ill, " I^sepositus et 
 scfiolares Aulte Regime de OxotC incorporated 567 
 
 ^. Robert de Kourchier (or Bousser) made chancellor Dec. 14, 1340. Thomas de Evesham 
 Master of the Rolls from Dec. 10, 1340, till Feb. 27, 1341, when John de Thoresby (or 
 Thursby) was appointed. How far Thomas de Evesham, Edmund de CJrymesby, 
 Thomas de Brayton (or Drayton) and Thomiis de Pardeshowe were entrusted with 
 the Great Seal. Robert de Bonrchier ceased to be chancellor in October, 1341. 
 Robert Parning, who had filled successively the oflSces of justice of the Common 
 Pleas, Chief Justice of the King's Bench, aud Treasurer of England, was made Lord 
 ChrtncellorOcto. 27j 1341, and continued in the office till his death, in August 1343. 
 During part of thiti time the King was on the continent, and his son regent. Who 
 did the duti«s of the Greal Seal during Parniug's illness, and until Sept. 29, 1343. 
 Then Robert de Sadington made chancellor 570 
 
 24. Additional Appointments to the Exchequer Bench between December, 1340, and May, 1350, 574 
 
 25, Additional appointments to the Kind's Bench between December, 1340; and Mav, 1350 575 
 
 26^ Additional appointments to the Common Fleas between December, 1340, and May, 1350, 576 
 27. Of the parliament of 15 Edw. Ill (1341) ; and the proceedings as to John de Stratford, , 
 
 who had been chancellor, and was yet Archbishop of Canterbury and a peer Of the 
 statute of 15 Edw. Ill ; and the instrument that the king, within a few months atter 
 it, executed with intent to revoke it. How, as he said, he dissimuled in the premises, 578 
 -"28. Of the parliamentof 17 Edw. Ill (1343). Where its two houses sat. Of its acts as to 
 justices; and children born beyond the seas. How the proceedings against John de 
 Stratford were disposed of; and the statute of 15 Edw. Ill repealed. The King's 
 eldest son made Prince of Wales 581 
 
 29. Of the parliament of 18 Edw. Ill (1344). Us action as to privileges of clerks in chan- 
 
 cery ; and as to instruments brought from Rome. What was done as to such instru- 
 ments *'in full chancery at Westminster." 582 
 
 30. In 1345 John de Thoresby continued Master of the Bolls until May 20. The King 
 
 sailed for Flanders, leaving his son Llouel custos of the kingdom, with a council of 
 which John de Stratford was head, and Robert de Stratford a member. After the 
 King's return to England Robert de Sadington was succeeded as chancellor by John 
 de Offord 683 
 
 31. Of the King's departure for, and proceedings in, F^nce in 1346. Messengers from him 
 
 to the parliament in 20 Edw. III. Ordinance requiring Justices and Barons to ad- 
 minister justice without favour or reward....: 585 
 
 32. Of the King's return to England in 1347 ; and the parliament in 1347-8. Objection to 
 
 one sitting in appellate court on writ of error to his judgment,: when the chancellor 
 may sit above. Complaint that in court, below judgment is too long delayed. The 
 King's answer as to how there may be redress 586 
 
 33. Of the parliament in 22d Edw. Ill (1348). Before it there are complaints as to matters 
 
 for which the King cousiders there may be 'writs out of the chancery.' 'General 
 
 'writs or special* shall be granted. Laws can be altered only by new statutes 587 
 
 -^. Of William de Edington; his offices before and in 1349, when the foundation of the 
 order of the Garter was completed. Remarkable that its foundation should have been 
 in a year wherein, there was a terrible plague, which caused the death of the chan- 
 cellor John de Offord. In whose custody the Great Seal was from May 28 till June 
 16, 1349, Then John de Thoresby, bishop of St. David's, was appointed chancellor, 58& 
 
xxvi Contents. 
 
 35. How, in 1360, William de Thorpe was removed from, and William de ahareshuU was 
 
 advanced to, the chief juBticeship of the King's Bench. On a charge ngainat Thorpe 
 of bribery, he was adjudged to be hanged ; itnd the sentence was a£Brined, but his 
 life was saved. What else appears as to him 690-- 
 
 36. Proceedings in Parliament ih 25 Edward III (1353-51) and (1351-2). Stat. 1, as to chil- 
 
 dren inheriting, whether b'»rn in England or elsewhere Also of Stat. 2 Stat. 3, and 
 Slat. 4. Stat. 5 provides in ch 2 as to tr eason ; in other chapters for better protection 
 of person and property ; and as to executors of executora. Provisions of Stat. 6 and 
 Stat. 7. Also of ordinances in 27 Kdw. HI (1353) 592 
 
 37. Appointmf^nte from 1353 to 1357 to tho Exchequer Bench, King's Bench and Common 
 
 Pleaa...., 595 
 
 38. Proceedings in parliament of 28 Edw, III (1354). What is embraced in its statute. 
 
 Also of the parliamentof 29 Edw. Ill (135=i) 59T" 
 
 39. David de Wollore, Master of the Rolls from 1346 for about 25 years. In the hands of 
 
 him and others the Great Seal was left in 1353, when John de Thoresity went to 
 York. Of Thoresby, until Nov., 135ti, when he retired from the chancellorship, and 
 was succeeded therein by William de Edington, who held the office until 1363. Of 
 the treasnrers from 1356 to 1371. Simon de Langham treasurer from Nov., 1360, till 
 Feb.. 1363, then became chancellor, and having been Translated from tlie bishopric 
 of Ifily to Canterbury in 1^66 soon afterwards resigned the Great Seal 599 
 
 40. Of the parliament of 31 Edw. Ill (1357); its enactments; especially one statute as to 
 
 administration of an intestate's estate, and another giving the chancellor and 
 treasurer jurisdiction to correct errors in jurli;meuts of the Excfiequer. Also of the 
 . parliaments of other years before 36 Edw III (1362) - 602 
 
 41. Of the parliament of 36 Edw. Ill 1362) ; the King's course then as to his sons. Of the 
 statute then made; especially its broad provision as to remedy in chancery, and the 
 
 chapter requiring that pleas shall be in the English tongue, and be entered and 
 enrolled in Latin 604 
 
 42. The cbanceUor's language in 37 Edw. /Ill (1363), when opening parliament; and the 
 
 legislation then 607 
 
 43. Of the parliament in 38 Edw. Ill (1364-5), when the King himself made the speech 
 
 which led to the enactment against the papal court. Provision for 'surety to pur- 
 sue a person's suggestion* 608 
 
 44. Of the parliament in 40 Edw. IH C1366); especially of the writ of ^tate probanda, in 
 
 the case of William Stevens, adjudged upon sitiht of him to be within age 609 
 
 45. Appointments from 1357 to 1377, of Judges of the Common Pleas 610- 
 
 46. Of William de Skipwith and others, chief barons of the Exchequer from 1362 till 1377, 613 
 
 47. Appointments from 1357 to 1377, of .Judges of the Exchequer other than the Chief Baron, 614 
 
 48. Of William de Shareshull, Thomas de Setone, Henry Green, John Knyvet and John 
 
 de Cavendish, Chief Justices of the King's Bench from 1350 till the end of the reign ; 
 and of Thomas de Ingleby, who for many years was the only jurtge of this court 
 besides the Chief Justice ,.. 615 
 
 49. Proceedings of parliament in 42 Edw. Ill (1368) ; especially those against Sir John de 
 
 Lee 617 
 
 50. Of William of Wykeham, who, in 1367, succeeded William deEdington as Bishop of Win- 
 
 chester, and succeeded Simon de Langham as Chancellor of England. Uis lucid 
 speeches in parliament contiusted wiih addresses of his predecessors 619^ , 
 
 51. Proceedings ol parliament in 43 Edw. Ill (1369). How the Great Seal was laid up; and 
 
 another engraven with Ihe style of France 621. 
 
 52. Parliament in 46 Edw. Ill (lo70-71); opened by William of Wykeham as chancellor. 
 
 Petition to it that laymen, and none of the clergy, may be the principal ofiScers. Ac- 
 cordingly the king makes changes in some of the high offices; William of Wykeham 
 being succeeded as chancellor by Sir Robert Thorpe, and Bishop Brantingham being 
 succeeded as treasurer by Richard le Scrope. Of the period of Sir Robert's chancel- 
 lorship In whose custody the Great Seal was during his temporary absence. Wil- 
 liam de Bnrstall JVlanter of the Rolls in 1371. On Sir Robert Thorpe's death, iu 
 1372, Sir John Knyvet, Chief Justice of England, was made Lord Chancellor. Men- 
 tion of cases iu which he took part. Though wise and discreet, he was substituted in 
 Jan. 1376-7 by Adam de Houghton, bishop of St. David's 622 
 
 53. Of the ordinance in 46 Edw. Ill, mentioned in 4 Inst. 10; and of the parliament in 
 
 47 Edw III (1373) 626 
 
 64. Of the parliament of 50 Edw. Ill (1376) ; wherein, after the death of Edward, Prince of 
 
 Wales, his son Richard came before the Lords and Commons 627 
 
 65. Becogni'ion in 50 Edw. Ill of the principle that there may be redress on a bill of com- 
 
 plaint against a judgment wrongfully caused; and of t^e chancellor's jurisdiction in 
 other cases. Of the statute of 50 Edw. Ill; especially ch. 6 against gifts made by 
 
 collusion, :, 629 
 
 56. Influence of, and opposition to, John of Gaunt. Sir William de Skipwith re-appointed to 
 the English benen. Of his re-appearance in the Common Pleas; and the course of the 
 Duke of Lancaster. Charges against the ex -chancellor, William of Wykeham, are 
 brought before Skipwith. Of the judgment thereon; and consequences of the attack 
 
 on Wykeham 631 
 
 ^57. Of the parliament called for Jan., 13T7 ; attempt to influence the elections; and clxange 
 of the ministry. Of Richard, now Prince of Wales, and President of the Parliament. 
 Proceedings of the parliament and of the convocation ; especially of opposition to 
 
 granting aid to the King until Wykehdm was restored to his rights 633: 
 
 58. The King's death in June 1377. flis character; and results of hie reign 63& 
 
 Chap. 20. — Institutions in the reign of Richard II, 1377 to 1399 637 
 
 1. In 1377, July, Richard crowned and a council chosen; William of Wykehiim pardoned. 
 
Contents. xxvil 
 
 In October, meeting of Parliament. Its proceedings; some being judicial 63r 
 
 2. Judges from 1 to 4 Ric. II 641 
 
 '3. At Gloiicester. in 2 Ric. II, parliament opened by Adam de Houghton, the chancellor; 
 
 Sir Richard le Scroop prominent. Statute of this parliament. Its other proceedings; 
 
 S'me being judicial 643 
 
 4. In 1378, Octo. 29, Sir Richard le Scrope became chancellor. In 1379, April 27, he opened 
 
 parlirtment. Its statute and other proceedings 645 
 
 5. Parliament of 3 Ric. II opened by the chancellor, Sir Richard le Scroop. Its statute and 
 
 other proceedings; eome being judicial 646 
 
 6. Sir Richard le Scrope Bucceeded as chancellor by Simon de Sudbury, Archbishop of Can- 
 
 terbury, who opened parliament in November, 1380. Its poll tax ; and its statute 648 
 
 7. In 1381 discontent ; course of the insurgents. Among their outrages w^ere the murder of 
 
 Chancellor Sudbury and Chief Justice Cavendish ; both men of high character. Con- 
 duct to the Chief Justice of the Common Pleas; and to jurors and clerks. Of the 
 Kiitg^s presence of mind ; his delivering to the villeins charters of eiLancipation, and 
 his othnr steps to crush the revolt. 850 
 
 8. In June 1381, Hugh de Segrave made Keeper of the Great Seal ; Robert Tresilian Chief 
 
 Justice of the King's Bench ; a proclamation as to tenant of lands. Charters of 
 manumission and pardon issued in June were annulled in July : and parliament 
 called. In August William de Courtneye appointed chancellor 652 
 
 9. In November 1381, parliament opened by William de Courteneye, Chancellor of England 
 
 and Archbishop of Canterbury. In this parliament was the question of manumission 
 During this session Archbishop Courtneye resigned, the chaiicellorship and was suc- 
 ceeded by Sir Richard le Scrope. Statute passed. A commission to enquire as to 
 abuses and promote reform. Of Richard's marriage to Anne of Bohemia; and the 
 general pardon granted at her request , 654 
 
 10. Parliament of May 1382 opened by Sir Richard le Scroop, Chancellor. Its statute in 5 
 
 chapters. Lord Coke's observations upon the fifth chapter; extraordinary commis- 
 sions contemplated to emanate from the Chancellor; despotic powers might be exer- 
 cised thereunder 668 
 
 11. Sir Richard Scrope's honesty. In 1382, July, the Great Seal delivered to the King, and 
 
 then to Commissioners. In September Robert de Braybroke became Chancellor. 
 His part in parliaments of October 1382, and February 1383. David Hannemere, 
 judge in that mouth. Braybroke removed from the chancellorship in March 660 
 
 12. In 1383 Michael de la Pole made chancellor, in March ; occupied in parliament In Octo- 
 
 ber, Statute then made ; its operation upon a trust or use for an alien „ 663 
 
 13. In 1384 Willium Ford made a baron ; parliament opened by Sir Michael de la Poole, the 
 
 Chancellor; complaint against bim adjudged slanderous and the slanderer fined 665 
 
 14. In 1384 parliament again opened by Chancellor Pole Its statutes and other proceedings. 
 
 In December was the end of the session ; and the end of John Wickliffe's life 667 
 
 15. In 1385, when Chancellor Pole was made Earl of Suffolk, two of the Kings uucles were 
 
 made dukes, and the Earl of March was recognized as heir presumptive to the crown. 
 After a grant to the Chancellor of lands of the previous earl of fcuffolk, there was a 
 bold retort by Thomas de Arundel, bishop of Ely. Parliament opened in October by 
 the Chancellor. Its statute and other proceedings; Walter de Skirlawe's part 660 
 
 16. By whom the Great Seal was held in 1386, in the spring, when the Chancellor was absent; 
 
 in October he opened parliament. Soon he was succeeded by Thomas de Arundel, and 
 was impeached ; against him a judgment which is questionable. Robert de Plesyng- 
 ton succeeded as Chief Baron by John Gary. Of the statute commissioning certain 
 lords to act with the new Chancellor. Treasurer and Privy Seal 671 
 
 17. How in 1386, Chancellor Arundel and the Commissioners moved one way ; and the King 
 
 under the counsel of his late Chancellor and others went another way. Of the docu- 
 ment prepared in 1388 by Tresilian, C. J., and sealed by Belknap, C J. and by Judges 
 Fulthorpe, Holt, Burgh and Serjeant Lokton against the new statute and its commis- 
 sion. Steps taken against the late Chancellor and against others who encouraged ac- 
 tion in conflict with that of parliament 674 
 
 18. Parliament in February, 11 Ric. II (13b7-8), opened by Chancellor Arundel. Articles of 
 
 impeachment against the late Thancellor and others. The Lords declare that the 
 cause cannot be tried but in parliament, nor by any law except that of parliament. 
 Proceedings of this parliament support its title of ^parliamentum sine misericordia '... 677 
 ' 19. In 1388, appointments of Chief Justices of the King's. Bench and Common Pleas; Of 
 Chief Baron of the Exchequer; and of three puisne judges of the Common Pleas. 
 Lord Chancellor Arundel made Archbishop of York. Parliament at Cambridge in 
 September. Its statute. The second chapter, that do "ofBcers shall be appointed for 
 gifts," &c., considered "worthy to be written in letters of gold, but more worthy to be 
 put in due execution." 681 
 
 20. What happened May 3, 1389, when Richard was told his age. The Great Seal surrendered 
 
 by Thomas Arundel; next day delivered to William of Wykeham. Of his wisdom; 
 appointments of barons and judges; and composition of the council 6S'6- 
 
 21. On what day of January Parliament was holden in 13 Ric. II (1389-90). Discourse by 
 
 Chancellor Wykeham. He and other ofBcere surrendered their offices and were dis- 
 charged. Next day their official conduct was approved; and they were re-charged 
 witb the offices. Proceedings in chancery, and complaint of oppressions. Statutes 
 Ibt, 2nd and 3rd. la Nov., 14 Ric. II (1390), parliament opened with an eloquent dis- 
 course from Chancellor Wykeham. Its stajiite. John Penrof removed (in Jan. 1391) 
 from the Irish to the English bench 686 
 
 22. Character of William of Wykeham. In 1391, Sep. 27, the Great Seal resigned by him and 
 
 entrusted again to Thomas de Arundel. Parliament opened by him in November. Its 
 statute. Observations upon St. 7 Edw, I, ' de religiosis' Viewed as an efficient limita- 
 
xxviii Contents. 
 
 tion on the greed of acquiaition. How attempts to frustrate its iDtentioii by means 
 
 of uaes and trusts are regarded 690 
 
 23. In the parliament of 16 Ric. II (1392-3). protestation by the ex-chanceJIor William de 
 
 Courtney, archbishop of Canterbury. Statute whereof ch. 6 is of praemunire. Who 
 temporarily held the Great Seal in the Spring of 1393. In October Ralph de Selby 
 made a baron. 692 
 
 24. In parliament of 17 Ric. II (1393-4) language uttered as to the King's uncle (the Duke of 
 
 Lancaster) by the chancellor's brother, the earl of Arundel, for which the earl had to 
 ask pardon. Legislation of this year. Particularly of the chancellor's power when 
 writs are grounded upon untrue suggestions. Final decree upon petition of WiTidsor 
 VB Lindaey Pardon of Judges banished to Ireland Also of parliament in 18 Eic. II... 694 
 
 25. Of Richard's character; the beneficial influence of good councillors. Of bis course 
 
 during his marriage with Aune of Bohemia; and the diflferent course after the *good 
 Queen' died, especially after his alliance in 1396 with Isabella, daughter of the King 
 of France 697 
 
 26. How the office r'f Master of the Rolls was filled during this reign 700 
 
 27. In 1896 additions to the Common Pleas ; Thomas de Arundel succeeded William de 
 
 Courtney as Archbishop of Canterbury, and resigned the Great Seal. It was de- 
 livered (in Nov ) to Edmund de Stafford, bishop of Exeter. Proceedings and statute 
 of parliament. Arrest of the Duke of Gloucester, Earl of Arundel, and also of War- 
 wick 701 
 
 28. In 1397, at Westminster, in Sept., Parliament opened by the Bishop of Exeter as Chan- 
 
 cellor. Who was Speaker of the Commons ; and Proctor of the Clergy. What par- 
 dons were repealed. How there was impeachment of and judgment against Thomas 
 Arundel, archhishop of Canterbury, for acts in his chancellorship. How judgments 
 were rendered against the dead. What was done as to the living. Proceedings in 
 session Ht Shrewsbury in Jan. 1397-8. ?tat. of 21 Ric. II. As to Stat. 10 Kic. II, ques- 
 tions put to judges; and answers. On those answers what was said by Wm. Hank- 
 ford, Wm. Brenchesley and Wm 1'hirning 704 
 
 29. Extraordinary judgment by the King in cases of the Duke of Norfolk and Duke of Here- 
 
 ford. Of Richard's other conduct in 1397 and 1398 to the latter (John of Qaunt's 
 son Henry); and events in 1399 until Richard was placed in the Tower. How and 
 when Edmund de Stafford ceased to be Chancellor. Of the chancellorship of 
 Thomas de Arundel for about ten days, and of John de Scarle for twenty-five days 
 before Richard was deposed 710 
 
 30. The end of Richard's reign 715 
 
 Chap. 21. — Review of the fourteenth century 716 
 
 1. Increased use of the English language; diBcussions in it before the people. In Ireland, 
 
 parliaments as in England 716 
 
 2. Fundamental principles of English government. Side of the clergy in the struggle 
 
 between the nation and the crown. Principles uf the party opposed to royal assump- 
 tion 717 
 
 3. Presentation rf gravnmina; redress of grievances, the condition of a grant. How the 
 
 commons thus kept under review the general administration of justice, and en- 
 deavoured to meet abuses prevalent in its administration. Power given the chan- 
 cellor to survey the courts, and put fit in place of unfit officers. Precautions to pre- 
 vent bad appointments ...i 719 
 
 4. Inns of court; where students of law were boarded and taught. Also of Westmin- 
 
 ster Hall ; 721 
 
 5. Use of the Imperial or civil law in the reign of Edw, II. Its study less cultivated after- 
 
 wards. Whether in the reign of Richard 11 it was prohibited from being cited in 
 common law tribunals. Conclusion of the lords that the realm is not governed by 
 the civil law.-..'. , 723 
 
 6. In England, though the realm is governed by the common law, yet the rules of the 
 
 civil law are often applied 724 
 
 7. Connection between Parliament and the Chancery. In the Chancery officers known as 
 
 the six clerks; and others known as the twelve clerks; these twelve being called 
 Mwsters in Chancery. In what respects the premier Master — the Master of the 
 Bolls — is or is not distinguishable from the other eleven 726 
 
 8. Ancieut jurisdiction of the Admiralty. Whence was derived the system of pleading and 
 
 procedure in the Court of Admiralty: and in the ecclesiastical courts. Whence came 
 
 the procedure in Equity , 732 
 
 9. Of Scirefacias to repeal letters patent; and other cases within the Chancellor's ordinary 
 
 jurisdiction as distinguished from a court of equity. Of proceedings in Chancery in 
 the reign of Edw. II and early part of Edw. III. How the Chancellor's equitable 
 jurisdiction grew up. Where and in whose presence he sat in 1345, 734 
 
 10. How equitable jurisdiction was exercised after 1345, and until Chancellor Offord's death 
 
 in 1349 ; especially of the writ of 22 Edw. Ill mentioned in 1 Campbell's Lives of 
 Chancellors, ch. 14, p. 251, of edi. 1846, pp. 236, 237 of Boston edi, 1874 736 
 
 11. How far the statute of 36 Kdw. Ill, c. 9, gave countenance to a Court of Equity. How 
 
 in the latter part of Edward's reign, equitable jurisdiction was exercised in a suit by 
 
 a wife for specific performance of an agreement; and in other cases 738 
 
 12. In the r< ign of Ric. II * a settled court of equity before the chancellor.' In 12 Ric. II 
 
 Ordinationes Cancellarim Dmn. Regis. As to equitable jurisdiction; what was ruled 
 
 before the statute of 17 Ric. II, and how this statute operated 740 
 
 13. Of jurisdiction to compel the execution of trusts; and to restrain waste 742 
 
 J.4. Of the process of subposna 4 , 743 
 
Contents. xxix 
 
 TITLE 6. 
 
 INSTITUTIONS OF ENGLAND FROM I399 UNTIL 1509, 744 
 
 Chap. 22. — Institutions in the reign of Henry IV — 1399 to 1413 74& 
 
 1. How soon he appointed officers, ^^hen he was crowned. Time of session of his first par- 
 
 liament. Its statute 74& 
 
 2. Of Bichard the second; Octo. 29, 1399, at midnight, removed from the Tower; Feb. 14, 
 
 dead at Fontefract Castle 747 
 
 3. Henry's last act in his first parl'ament; its operation as to the ex-chancellor, Sir Richard 
 
 le Scrope. John de Scarle now chancellor; his part in the parliament of 2 Hen. IV. 
 What parliament did as to the chancery 74& 
 
 4. The part of Thomas de Arundel (ex-chanc*-llor and archbishop of Canterbury) in the 
 
 Btfttute of 2 H. IV, ch. 15 ; and in the sentence a^inst William Sautre — the babis of 
 
 the writ de hseretico cwmburendo under which Sautre was burnt 749- 
 
 5. In 1401, the Grt-at Seal resigned by Scarle, and delivered to i^shop Stafford. What the 
 
 Chancellor did in the parliament of 1402; what parliament did aa to matters in chan- 
 cery by Stat. 4 Hen. IT 760 
 
 6. Death in 1403 of the Ex-chancellor, Sir Richard le Scrope. His character 752" 
 
 7. In 1-103 the Great ?eal resigned by Bishop Stafford, and delivered to Henry Beaufort, 
 
 bishop of Lincoln. He opened the parliament of 5 Hen. IV (1403-4). Its btatute 753 
 
 8. Death in 1404 of Ex-chancellor William of Wykeham, bishop of Winchester. Observa- 
 
 tions upon his motto. His disposition of his property 754 
 
 9. Mastership of the Rolls; held by Thomas de Stanley till 1402; by Nicholas Bubbewith 
 
 from 1402 to 1405; and by John Wakeringfrom 1405 to the end of the reign 755 
 
 10. Parliament of October 1404 opened by Henry Beaufort, bishop of Lincoln. The Great 
 
 Seal ret'luned by him in March 1405; and delivered to Thomas Langley. He upeoed 
 
 the parliament of 7 Hen. IV (1406). Its proceedingfs 756 
 
 11. In 1407 Cha'cellor Langley resigned, and was succeeded by Archhibhop Arundel, Parlia- 
 
 ment at Gloucester. Its proceedings 758 
 
 12. In 1409, resignation of the chancellorafaip by Thomas de Arundel. Who opened the par- 
 
 liament of 11 Hen. IV (1409-10). Its proceedings. A horrible executi-.n (by burning) 
 
 for so-called heresy. As to the part in it of the ex-chancellor and his succe-'snr 759 
 
 13. Thomas Beaufort made chancellor in 1410; opened Parliament in 13 Hen. IV (1411) 761 
 
 14. What was received by Sir Thomas Beaufort in his chancellorship ; when he retired from 
 
 it; and when Thomas de Arundel was re appointed to it. His reputation. What was 
 agreed in 13 H. IV 761 
 
 15. Character of Henr} the Pourth. "Scene in his last illness. When ho died 762 
 
 Chap. 23. — Institutions in the reign of Henry V — 141310 1422 763 
 
 1. Henry Beaufort, Bishop of Winchester, made chancellor. After the King's coronation the 
 
 chancellor opened parliament. Its statute 763^ 
 
 2. Of the ex-chancellor, Thomas de Arundel, Archbishop of Canterbury; his death in Feb- 
 
 ruary, 1414 ,...: 764 
 
 3. In 2 H. V. (1414) Parliament opened by the Chancellor. Its proceedings; especially as 
 
 to a conveyance to defraud creditors. Under one of its statutes cruel executions for 
 heresy. One of those burnt was Sir John Oldcastle, Lord Cobham 764 
 
 4. Parliaments inNovember, 1415; and in March, 1415-16. Each opened by the Chancellor. 
 
 Proceedings as to Chancery matters 766. 
 
 6. Masters of the Rolls. John Wakering till June 3, 1415 ; then Simon Gaunstede till the 
 
 end of the reign 767 
 
 6. In 4 Hen. V (1416), Parliament opened by the Chancellor. The ex-ehancellor, Thomas 
 
 Beaufort, Earl of Dorset, elevated to a higher dignity. Proceedings in judicial matters, 768 
 
 7. Certain ordinances regarded by Mr. Stubbs hs tho basis of the English law of admiralty. 
 
 The Great Seal resigned by Henry Beaufort in July, 1417. Ihoinas Langley, bishop 
 of Durham, again made Chancellor. He opened the parliament of 5 Hen. V (1417). 
 Ith proceediuKS 769 
 
 8. Chancellor Langley opened the parliament of 7 Hen. V (1419). In 13.0 in June, 
 
 the King married in France; in December Parliament opened before his return. 
 Enactment that it was not dissolved by, but might proceed after, the King's return, 770 
 
 9. Whether there was a new parliament in May, 1421. Henry returned in June to France. 
 , In his absence there was a parliament in Dec.^ 1421. Its action in a suit as to a feoff- 
 ment in trust. Whether, if there be remedy at the common law, the matter shall 
 be discharged in the chancery. A prince born in Dec, 1421. The King died in Au- 
 gust, 1422. Of his administration ' 772 
 
 Chap. 24. — Institutions in the reign of Henry VI — 1422 to 1461 774 
 
 1. How the council administered executive power; how officers were appointed. Thomas 
 
 Langley, bishop of Durham, reappoint' d Chancellor. How Parliament was begun 
 
 and carried un. Its proceedings in 1 H. VI. What it did as to matters in Chancery, 774 
 
 2. Parliament of 2 Hen. VI (1^3), opened by Chancellor Langley. Its proceedings and 
 
 statures .'• 776. 
 
 3. Of the King's uncles, Henry and Thomas Beaufort, On July 6, 1424, Thomas Langley, 
 
 bishop of Durham, retired from, and Henry Beaufort, bishop of Winchester, was ap- 
 
XXX Contents. 
 
 pointed to, the chancel lorsbip 778 
 
 4. Parliament of 3 Hen. VI (U-S) opened ' before the King sitting in person,' by the Chan- 
 
 cellor (Henry Beaufort). Under what circumstances execution of a judgment was 
 stayed ...» 779 
 
 5. In 1425, quarrel between the Duke of Gloucester and the Chancellor. The Duke's 
 
 brother returns to England. Parliament of 4 Hen. VI (1425-0); called the Parlia- 
 ment of bats or bludgeons. What was done to end the quarrel 779' 
 
 6. In March, 1425-6, Henry Beaufort resigned the Great Seal ; John Kemp, Bishop of Lon- 
 
 don, became Chancellor; in April elected Archbishop of Tork. Proceedings of Par- 
 liament 781 
 
 7. In 1427, January, death of the ex-Chancellor, Thomas Beaufort; council held by the 
 
 Duke of Bedford ; views of Chancellor Kemp and of Bedford and his brother 783 
 
 8. In 6 Hen. VI (1427), Parliament opened by Chancellor Kemp, flow bills and petitions 
 
 were left to be ended in some cases by the council, in other cases by the Chan- 
 cellor 784 
 
 9. In 1428, pref^epror of Hen. VI. Position of Henry Beaufort. Parliament opened in 8 
 
 Hen. VI (1429) by Chancellor Kemp. Henry crowned Nov. 6. Henceforth the Dukes 
 of Hedford and Glducester have not the name and power of Protector, but are only 
 councillors Effect of Beaufort's being Cardinal 784 
 
 10. The King, accompanied by Cardinal Beaufort, went to France. Gloucester lieutenant 
 
 and custos of the kingdom. How Chancellor Kemp acted. William Linwood, Doctor 
 
 of the Law, opened P^liament in 9 Hen. VI. Its statutes... 786 
 
 11. In 1431, proceedings df Gloucester in Englaod and of Beaufort in France. Henry, who 
 
 there in December was crowned King of France, returned to Englaod in February, 
 1432. The Great Seal resignt^d by Kemp; and delivered to John Stafford 788 
 
 12. Parliament opened in 10 Hen. VI (1432) by Chancellor Stafford; its proceedings 788 
 
 13. Mastership of the Rolls in this reign until May 13, 1438 789 
 
 14. John Stafford, the first person known to have been called 'Lord Chancellor,' opened par- 
 
 liaments from 1432 to 143". In the latter was the statute of 15 Hen. VI, c, 4, against 
 
 writs of sitbpcena for matters determinable by the common law 790 
 
 ' 15. Of Chancellor Stafford and the parliaments and statutes in 1439 and 1441-2. In 1443 he 
 was elected archbishop of Canterbury, and became apostolic legate. In 1444, the 
 King by proxy, married Margaret 791 
 
 16. In 23 Uen. VI (1444-5) Chancellor Stafford in opening Parliament announced a treaty for 
 
 peace with France, and for marriage with Margaret, The marriage solemnized April 
 
 22, 1445, in Tichfield Abbey; the Queen crowned at Westminster May 30. 793 
 
 17. Will of Cardinal Beaufort, ex-chancellor of England, dated Jan. 21, 1446. Parliament 
 
 opened by Chancellor Stafford in 25 Hen. VI (1446-7) Feb. 10. The Duchess of Glou- ' 
 cester deprived of dower. The Duke after being arrested is found dead, Feb. 23, 1447. 
 Beaufort, the Cardinal and ex-chancellor, dies April 11, 1447. Of the death-bed scene 
 and his character 794 
 
 18. Of the Masters of the Rolls from 1438: John Stopindon till 1447; and then Thomas 
 
 Kirkeby till the end of the reign ..„ „..-..„.. _ „„. 796 
 
 19. Chancellor Stafford opened Parliaments in 1448 and 1449. Intelligence, learning and 
 
 caution exhibited by him during his long chancellorship. He retired from it in Janu- 
 ary 1460, and was succeeded by John Kempe, archbishop of Canterbury 796 
 
 -20. How Henry (precocious rather than strong in mind, and overworked from childhood,) broke 
 down. In 1450 his incapacity for- government proved. Now Richard, Duke of Tork, 
 
 becomes prominent 799 
 
 "21. Parliament of 29 Hen. VI (1450) opened by Chancellor Kemp; its proceedings 800 
 
 "22. Result of the parliament of 29 Hen. VI. Transfer in 1452 of Kempe from the Arch- 
 biabopric of York, to that of Canterbury. Additional rank granted him by the pope. 
 By whom, in the absence of Chancellor Kempe, parliament was opened in 31 Hen. VI 
 (1452-3). The chancellor died in March, 1463. His character. Proceedings and 
 statute of this parliament; especially as to jurisdiction in chancery. Under ch. 4 
 *the chancery had admiral jurisdiction ' , 802 
 
 23. By reason of the King's condition in March, 32 Hen. VI (1453-4), the Duke of York ap- 
 
 pointed Protector. Richard Nevill, earl of Salisbury, made Chancellor. Curious com- 
 mencement of his judicial career....' , SOB 
 
 24. The King eane at Christmas (1454.) In March, 1455, the earl of Salisbury removed 
 
 from, and Thomas Bouchier archbishop of Canterbury appointed to, the chancel- 
 lorship. Effect of battle at St. Albans in May. 807 
 
 25. In 33 Hen. VI (1455), Parliament opened by Thomas Bourchier, Archbishop of Canter- 
 
 bury and Chancellor, The King's enemies admitted to reconciliation. Parliament 
 prorogued from July 31 to Nov. 12. Before that day the King was again insane. 
 The Duke of York again became Protector. Parliament prorogued to Jan. 14, 1456. 
 Its statute-; one prescribing what the chancellor may do on complaint by i-xecutors 
 of embezzlement of decedent's goods. The King recovered in February, 1456; and 
 relieved the Duke as Protector 809 
 
 26. Though Thomas Bourchier, Archbishop of Canterbury was willing to act as Chancellor 
 
 either for the LaTicastrians or the Yorkists, yet the Great Seal was delivered Octo. 11, 
 
 1456 to William Wayniiete, Bishop of Wine ester 810 
 
 27. In 38 Hen. VI (1459), parliament opened by Chancellor Waynflete ; its business was 
 
 the attainder of the Duke of York and his friends. Under what circumstances 
 Bishop Waynflete surrendered the Great Seal in July, 1460. Henry taken in his tent 
 at Northampton on the 10th, and brought to London. GeOrge Nevill, bishop of 
 Exeter, received the Great Seal July 26 812 
 
 28. In 39 Hen. VI (1460), m October, Parliament opened by Chancellor Nevill. The crown 
 
 of England clwimed by Richard, Duke of York; and objections stated against his 
 claim. Accord .Msented to by King Henry, and by the Duke of York and his sons. 
 Henry continued to appreciate his ex-chancellor, Waynflete, bishop of Winchester; 
 
Contents, xxxi 
 
 a different sort of person from Francesco Ooppmi.« 814 
 
 29. After the battle of St. Albans, in Feb., 1461. King Henry was mtt by his Queen and pon. 
 
 "When they moved in a northorn direction. Edward, now Duke of York, hastened 
 to Londou. There Chancellor Nevill and others proclaimed him (Edward) King, 
 Then Henry's reign practically ended 816 
 
 30. Of Sir John Fortesciie^a career until the reign of Henry VI was practically ended, in 1461^ 818 
 
 ■Chap. 25. — Institutions in the reign of Edward IV— 1461 to 1483, 819 
 
 1. Edward's reign begins March 4, 1461. George Nevill, bishop of Exeter, soon becBme 
 
 Chancellor. Edward was crowned in June. His first parliament was in November; 
 
 and opened by the Chancellor. Its proceedings as to Sir John Fortescue and others, 819 
 
 2. In 1462 repair of accident to spire of St. Paul's 820 
 
 3. Parliament of 3 Edw. IV opened by Chancellor Nevill. Cause of prorogation in 1464, 
 
 May 1 the King married Elizabeth (Widville) Lad.v Gray. Statutes 820 
 
 4. After the bittle of Hexham in 1464^ Henry VI taken and committed to the Tower. 
 
 Contest between the Earl of Warwick and the Wyd>*villes. Pilring the Parliament 
 of 7 Edw. IV the Great Seal was withdrawn from Archbishop Nevill and entrusted to 
 Bishop i^tillington. Prorogations; and Btatutcs. As to coming on a subject's land 
 and making on ittreochesor bulwarks for defence of the realm 823 
 
 5. Under what king and in whose chancellorship was the case in 9 Edw, IV as to one of 
 
 two obligors suing in chancery when the obligee favoured the other. In 1469 was the 
 spectacle of two rival kings, each confined in prison ; Henry in the Tower, Edward 
 inTnrkshire. Of kings, chancellors and parliament, until April, 1471.. 826 
 
 6. Of the Mastership of the Rolls during this reign, until April. 1471. The King's command 
 
 that all matters in his Court of Cnancery should be determined "according to equity 
 
 and good conscience, and to the old course and laudable customs of the same court"... 828 
 
 7. Events in the spring of 1471. At Tewkesbury, May 4, Queen Margaret and Sir John 
 
 Fortescue taken prisoners; and the Prince of Wales killed. May 21, Edward IV re- 
 entered London. Death of Henry VI. Its cause and hia character. What could 
 now influence Fortescue 830 
 
 8. John Alcock Master of the Rolls from April, 1471. In what case, and when Choke, J., sat 
 
 with the Master. In March, 1472, Alcock was succeeded as Master by John Morton. 
 How ex-chancellor Nevill spent his latter years 833 
 
 9. Of John Alcock and Chancellor Stillington. By which of them parliament was opened 
 
 on October 6, 1472. Stillington retired from the chancellorship in 1473, between 
 April 8 and October 6. Henry Bourchier, Earl of Essex, was Keeper of the Great 
 Seal from June 23 until July 27, when Laurence Booth, bishop of Durham, became 
 chancellor. He was succeeded in 1474 by Thomas Rotheram, bishop of Lincoln 835 
 
 10. In 14 Edw. IV, ^e attainder of Sir John Fortescue made' void, and his lands restored to 
 
 him.. „, 838 
 
 11. Of the dukeg of Clarence and Gloucester; Gloucester's measures by marri»ge and through 
 
 the King and Parliament to obtain a part of the large estate of the Earl of Warwick. 
 Proceedings in the parliament which began Octo. 6, in 12 Edw. IV, and ended 14th 
 March, 15 Edw. IV. Its statutes. Birth ot Gloucester's son. Death of Clarence's 
 wife 839 
 
 12. Of John Morton, Master of the Rolls from 1472 to 1479; and his nephew, Robert Mor- 
 
 ton who held the office during the remainder of the reign 842 
 
 '33, Instance in England of two chancellors acting at the same time ; Alcock and Rotheram. 
 The connection of Chancellor Rotheram and ex-chancellor Bourchier with the peace 
 of 1476 between England and France. Position of Margaret of Anjou (Queen of 
 Henry VI) during the remainder of her life 843 
 
 14. Of the ex-chancellor. Bishop Waynfiete 844 
 
 15. Of the Parliaments in 17 Edw. IV (1477-8), and 22 Edw. IV (148*^-3) 844 
 
 16. Edward's death and character 846 
 
 Chap. 26. — Institutions in the reign of Edward V — 1483, April 9, to June 25, 847 
 
 1. Proceedings before change in the custody of the Great Seal. Archbishop Rotheram re- 
 
 moved from the chancellorship in May 847 
 
 2. Chancellor Rotheram succeeded in May, 1483, by John Russell, bishop of Lincoln. 
 
 Whether there was a parliamentary meeting in May 849 
 
 3. Acts beture June 13 of the King, Protector, and Chancellor; and of Lord Hastings. 
 
 Richard's intent from and after June 13 850 
 
 4. Violent conduct of the Protector on June 13 ; Lord Hastings executed ; Bishop Morton 
 
 and Archbishop Rotheram imprisoned. Supersedeas to prevent the meeting of Par- 
 liament 851 
 
 5. Acts of the so-called Protector, his aiders and abettors, from the 15th to the 2l8t of June, 852 
 
 6. Acts of the so-called Protector and his aiders and abettors on June 22, 24 and 25. How 
 
 he ended the reign of Edw. V, and made himself king 862 
 
 Chap. 27. — Institutions in the reign of Richard III — 1483 to 1485 854 
 
 1. Richard's age. Of Chancellor Russell; ex-chancellors Stillington, Bourchier and Rothe- 
 
 ram; the coronation of Richard with his wife July 6 854 
 
 2. Richard's letter to his Chancellor in relation to Jane Shore. In the summer of 1483 other 
 
 letters by or to him; and a tour of state What occurred before and after Richard 
 and Buckingham parted at Gloucester. When, where, and how Richard arranged for 
 the murder of his nephews in the Tower. How he arranged for his splendid reception 
 
 at York. His route afterwards 85& 
 
 3 In Sept. 1483, Thomas Barowe, Master of the Rolls. In Octo. the Duke of Buckingham 
 
xxxii Contents. 
 
 in rebellion ; and quickly beheaded. Of John Morton, bishop of Ely, and late Master 
 
 of the Rolls r— ^^^ 
 
 4. Chancellor Russell opened pailiament in 1 Ric. Ill {January 1483-4). Its statutes; es- 
 pecially as to usee or trusts. What is said of Richard's politic and wholesome laws 85ft 
 
 6. Death of Richard's son in 1484, April. Letter from Bichard to his mother, June 3. The 
 
 Queen's death, March. 1485 860 
 
 6. How Richard acted ns to benevolences. Of his course in the summer of 1485 as to the 
 
 Great Seal and other matters. He died Aug. 22 861 
 
 Chap. 28.— Institutions in the reign of Henry VII — 1485 to 1509 864 
 
 1. Henry as'^umed the style of King Aug. 22, 1485. His course to the Princess Elizabeth, 
 
 and the Duke of Clarence. Coronation of Henry Octo. 30, 1485, by the ex-chancellor, 
 Tbomna Bou,rchier. His death and character 864 
 
 2. Of ex-chancellnr Stillingion; his death and character 865 
 
 3. In this reign the first chancellor was John Alcock ; he was at the coronation, and opened 
 
 the first pHrliament. Two ex-chancellors (Rotheram and Russell) present. Of 
 
 Alc( ck's superintendence; and the statutes 866- 
 
 4. In 1485-6 the King married in January to the Princess ElizHbfth ; John Morton, bishop 
 
 of Ely, made Lord Chancellor, March 6, and in a ff w months archbishop of Canter- 
 bury. How the ex chancellors, Russell and Alcock, were employed 866 
 
 5. How ex-chaticeltor Waynflete was employed till his death in August, 1486. His high 
 
 character -. 867 
 
 6. In November, 1487, meeting of parliament, arid coronation of the Queen, ttatutes as to 
 
 ■■the court of star-chamber,' and other matters. How they affected the chancellor's 
 jurisdiction 869 
 
 7. Of ChaiiCellor Morton in a grpat council between Nov. 1487 and January 1488-9. His de- 
 
 cision in 4 Hen. VII as to jurisdiction of chancery where one executur releases a debt 
 without the other's consent .-- 870' 
 
 8. Acts of parliament from Jan. 13, in 4 Hen. VII (1488-9), until Feb. 27 in 5 Hen. VII 
 
 (1489-90). Of the Chancellor's juriedictiou , and as to the heir of cestui que use 871 
 
 9. In 14i)l. in June, bii th of Prince Henry (afterwards Henry VIII) ; in October, ses ion of 
 
 Parliament. Its statutes; especially of one giving the chancellor extraordinary 
 jurisdictlun over knights of the shire and others - 872 
 
 10. Events in 1493 and 1494. Of the Lord Chancellor (now Cardinal) Morton, discoursing 
 
 upon the conquest of G-anada from the Moors; death and character of the ex-chan- 
 eel lor, John Rushell, bishop of Lincolu. Act of the Parliament in Ireland in 10 Uea. 
 VII, railed 'Poynings' Law' , 873 
 
 11. Acts ot Parliament id 11 Hen. VII (1495). Oppressions by Empson and Dudley under 
 
 colour of ch. 3. Provision in ch. 12 for suing in forma pauperis ; rfnd in ch. 20 as to 
 alienation by a woman when she has no more than an estate for life. Extraordi- 
 nary jurisdiction given by ch. 25 to the chancellor and other officers. Also of the 
 Parliament of 12 H VII (149&-T). The King's policy 874 
 
 12. Deaths in 1500 of ex-chancellor Rotheram; of ex-chancellor Alcock; and of Chancellor 
 
 Miirton. Their characters. Tradition of Morton^s course to raiue the tax called a 
 •Benevolence' 877 
 
 13. Of Ern*-mu8 and his friend, Thomas More, a future Lord Chancellor. When, in 1500, they 
 
 saw the children of the King and Queen. In 1501, marriage ot Prince Arthur to 
 Catherine of Arragon. After bis death, in 1502, treaty for her marriage to Prince 
 Henry In 15' 3 the Princet^s Margaret married to the King of Scotland 878 
 
 14. The mastership of the Rolls in this reigu 882 
 
 15. Custody of the Great St-al from October, 1500, until the end of the reign 88a 
 
 16. Of BTatutes in 19 Hen. VII (1503-4), enlarging the Chancellor's powers and duties ; and 
 
 providing as to 'feofi'mentsto uses.' Also of a statute for satisfaction of aids to the 
 King „ 884 
 
 17. Character of Henry VII. When and where he died; place of his interment 885 
 
 Chap. 29. — Review of period from 1399 to 1509 887 
 
 1. Revenue of England ; expenses of government ; and exaction under the name of ' Benevo- 
 
 lence ' Representation in parliament of shires and boroughs. How acts of parlia- 
 ment were published and proclaimed 887" 
 
 2. Trouble and misgoverance; too much cruelty and persecution; too little tolerance, jus- 
 
 tice and mercj ; evils seen, but the remedy not grasped. Of the nation's rights and 
 wrongs; respective duties of the governors and ttje governed. The nation jraUmsly 
 on the watch against royal interference in elections. Grants of money connected with 
 redress of grievances , 889 
 
 3. When and where Sir John Fortescue is supposed to have been made Chancellor by Henry 
 
 VI. Of his travels and writings; especially of ' De Lavdibtis Legum Anglise. Mack- 
 intosh's notice of Fortescue and Philip de Comines 89(> 
 
 4. Inns of Court and Inns of Chancery, where the laws of England were studied in the 
 
 15lh century. What appears in Fortescue's ' De Laudibus Legum Anglise' as to 
 huw they were studied ; as to the science ot government; the Serjeants of law and 
 the judges. Respective parts of the Lord Chancellor and the Masters of the RuJls, 
 when judges were sworn into office. Also of the Guildhall ; its courts and portraits 
 of judges 89a 
 
 5. A court In its determination, even though as to its privileges or customs, must not 
 
 transcend its jurisdiction. In the administration of justice there wtre evils which 
 conduced to the fall of the House of Lancaster ; and which were not remedied by the « 
 House of York Evil reputation of the York kings must be shared by a demoralized 
 age. In 1 H. VII remonstrance against the King's consulting judges before hand. 
 
Contents. xxxiii 
 
 Of the King's jurisdiction as to pardons; limitations thereof 890 
 
 6. Of learning and literature before and in the fifteenth century. In this century books of 
 
 value produced and printed north of the Alps. Of Littleton's Tenures ; Stathamj's 
 Abridgment ; and Lyndewode's • Constitutiones Provinciales.' Lyndewode's view of 
 the Common Law as to probate of wills recognized 898 
 
 7. The Boman Law furnislied principles proper to be considered in Chancery 906 
 
 8. Of the Koyal Council. How far its action in judicial proceedings was restricted. 
 
 Whether in Chancery there could be jurisdiction in matter cognizable at the com- 
 mon law. Meaning of the rule ^NuUtis recedai a cancellaria sine remedio 906 
 
 9. Of cases wherein the council might advise the King, or hear petitions addreraed to him. 
 
 They were referred sometimes to the chancellor to act by advice of justices ; some- 
 times to him alone. 908 
 
 10. The Chancery a fundamental court ; in what sense it has been time out of the memory of 
 
 man. Of its two courts one ordinary, the other extraordinary, seeimdum mquwn ei 
 honum. When the chancellor began to hold a 'court of equity' 908 
 
 11. Ordinances of Chancery (made in 12 Kic. II) amended in time of Hen. Y, and renewed 
 
 with additions and reformations. Of the Master of the !Bolls ; eleven other Masters ; 
 
 and theKegister.. 912 
 
 12. Jurisdiction of Chancery as to uses and trusts 914 
 
 13. Jurisdiction of Chancery to decree specific execution „ 918 
 
 14. Jurisdiction of Chancery as to charities and frauds..^ 918 
 
 15. Whether, notwithstanding stat. 4 Hen. IV (mentioned in ch. 22, § 5), there might not, af- 
 
 ter judgment at law, be relief in equity under some circumstances ; as where the 
 judgment was obtained by fraud 918 
 
 TITLE 7. 
 
 INSTITUTIONS OF ENGLAND IN THE REIGNS OF HENRY VIII, AND HIS CHILDREN. 
 
 Chap. 30. — Institutions in the reign of Henry VIII — 1509 to 1546-7 920 
 
 1. Of Henry at his accession in April, 1509; his acquaintance with Erasmus through Blount, 
 
 lord Mounljoy. Of his chancellor Warham, archbishop of Canterbury ; the King's 
 first marriage; and the coronation of him and his first queen 920 
 
 2. Thomas Wolsey, dean of Lincoln, placed in the king's council and granted Nov. 1509, the 
 
 ofBce of almoner ; relieved the king of political labors, and was compensated 922 
 
 3. Li 1509, of the counties and boroughs whicb returned members to Parliament; and the 
 
 proceedings against Kmpson and Dudley. Of acts enacted by Parliament in this reign 
 until and including, 14 and 15 Hen. VIII (1523). Of these last, chap. 8 allowed clerks 
 of the chancery to marry; and in chap. 20 was "The act of attainder of Edward, late 
 Duke of Buckingham > 923 
 
 4. Events other than in parliament from 1510 until 22 Dec, 7 Hen. VIII (1515). Especially 
 
 of the King and Queen; and of Erasmus and Wolsey , 925 
 
 5. Dec.~22, 1515- The Great Seal surrendered by Archbishop Warham and delivered to Wol- 
 
 sey. In 1518, birth of a Prince who soon died. In 10 Hen. VIII, judgment by the 
 Chancellor on scirefacias to revoke letters patent. Of Pope Leo X, King Henry, 
 Martin Luther, Archbishop Warham, and Cardinal Wolsey. Of Wolsey's perform- 
 ance of judicial duty; complaint against him, yet the King's favour for him increased. 
 Of his income and expenditure ; his reputation as a scholar and encourager of learn- 
 ing; and his aspiring to the popedom 928 
 
 6. Of Erasmus, after 1516, for ten years or more. Of remarkable treaties for marriage of 
 the Princess Mary, and other proceedings by Wolsey after 1518 ; some of which 
 may have tended to make the King dissatisfied with him. Of Anne Boleyn; her 
 influence upon the King and against Wolsey. His surrender of the Great Seal, 
 Octo. 17, 1529; his death, Nov. 29, 1530 932 
 
 7. Of the Masters of the Bplls in this reign until Wolsey's retirement from the chancel- 
 
 lorship, to-wit : John Yonge, Cuthbert Tunstall, John Gierke, Thomas Hannibal and 
 John Taylor. 967 
 
 8. Friendly communications between Wolsey in his latter years and Archbishop Warham. 
 
 Of this archbishop's age and infirmity. He could not on Wolsey's retirement have 
 desired the chancellorship. Thomas More in the ascendant. Of his intimacy, with 
 Erasmus; and generally of More's life before Octo., 1529 , 969 
 
 9. The Great Seal delivered to Sir Thomas More, Octo. 25th, 1529. When inducted into his 
 
 Beat, ' exhortation* by the Duke of Norfolk and answer by More. Generally as to 
 his diligence and purity; and his manner of discharging judicial duty. His ready 
 wit ; when a madman would have thrown him from the battlements. The King's 
 appreciation of him. Opinions of the philosopher of the Utopia contrasted with 
 
 More's practice when in public office 974 
 
 10. From Nov. 3,1529, until May 16, 1532: Acts of parliament; especially Stat. 21 Hen. 
 Vni, ch. 4, concerning executors', and Stat. 23 Hen. VIII, ch. 5, concerning com- 
 missioners of sewers. Of discretion ; proceedings as to the Queen ; and Holbein's 
 portrait of More, More's resignation of the Great Seal. His successor.. »„,. 976 
 
 C 
 
xxxiv Contents. 
 
 11. Character of ex- chancellor Warhain, archbishop of Canterbury. For him, before and 
 
 after his death,' Aug. 23, 1532, expresflions of regard by EraBmua 0B3 
 
 12. Of Thomas Cromwell. His life before 1530, when he entered the Eing^B service. His 
 
 oflBces until Octo. 8, 1531, when he succeeded John Taylor as Master of the Bolla. 
 Next year Cromwell was made Visitor-General of the monasteries 986 
 
 13. In 1532, in September, Anne Boleyn made Marchioness of Pembroke; in October she 
 
 accompanied King Henry to Calais as the guest of the Kiug of France; Jan. 25, 
 1532-3, Henry married her. Other proceediDgs in 1533 as to her and Katharine of 
 Arragon. Statutes of Parliament in 24 Hen. VIII (1532-3J , 988 
 
 14. In 1533, Sep. 7, birth of Priucess Elizabeth ; Dec, plan of the English council as to the 
 
 pope. In Jan., 1533-4, Parliament met ; representation by English to French cabinet. 
 Statutes of 25 Hen. VIII (1533-4) ; the pontiff's proceedings ; Statutes of 26 Hen. 
 VIII. Mr. Turner^B observations upon the pope and Henry 991 
 
 15. Under what forms of law Lord Chancellor Audley and his co-commissionera caused the 
 
 deaths of Bishop Fisher and ex-chancellor More 995 
 
 16. Of Katharine of Arragon ; her letter to the King on her death bed ; her death in Jan., 
 
 1535-6; place of her interment 1002 
 
 17. " Act concerning uses and wills" ; and other statutes enacted in 27 Hen. VIII (1535-6)... 1003 
 
 18. Of Henry Fitzroy, the King's natural son by Lady Talbois ; and of the influences to get 
 
 rid of Anne Boleyn, and have in her stead Jane Seymour as Queen. Of the course 
 before and after the commission of April 25, 1536, to Chancellor Audley, the Duke of 
 Norfolk and others. Subserviency of the Chancellor to the Royal will. Those who 
 sat as judges were wanting in a proper sense of judicial duty or in moral firmness, 
 and instead of acquitting Queen Anne, as facts and law required, disgraced them- 
 selves by a judgment which deprived her of life (May 19, 1536) 1007 
 
 19. Mention made of Henry VIII as carrying judicial murder in his bed. In 1536, in April, 
 
 writs were tested for a Parliament. In June grants by the King to Queen Jane Sey- 
 .mour and her kin ; speech by Lord Chancellor Audley when Parliament met ; its 
 statutes. Marriages of James V of Scotland ; 1, to Magdaline ; 2, to Mary of Guise, 1022 
 
 20. In Octo., 1537, birth of Prince Edward; and death of his mother, Queen Jane. In 1538 
 
 the whole Bible printed in English. The King's address of April 8 (29 Hen. VIII), 
 to "the Emperor, Christian princes, and all true Christian men." Language thereof 
 contrasted with Henry's course as to trans ubs tan tiation, and the ex-chancellor, Thomas 
 A. Becket 1027 
 
 21. Of Cardinal Pole and his connection with persons executed in and after 1539; especially of 
 
 Sir Nicholas Carew. Statutes of Parliament in 31 Hen. VIII (1539). Especially of 
 Chap. 1, as to partition between "joint tenants and tenants in common'' ; and chap- 
 ters 6, 8 and 14 „ 1029 
 
 22. The Kins: after contracilng to marry Anne of Cleves, was disappointed on seeing her; 
 
 but married her Jan. 6, 1540 1033 
 
 23. As to the statement in Green's Hist, of Engl. Peop. (book 5, ch. 4, vol. 2, p. 159), of 
 
 Thomas Cromwell being 'successor to Wolsey as keeper of the Great Seal.' This a 
 mistake. In July, 1536, Cromwell resigned the office of Master of the Rolls for that 
 of keeper of the Privy Seal ; and was made Baron Cromwell, Vicar-General and vice- 
 gerent. Of his preferments, power, patronage and correspondence. Among the let- 
 ters to Cromwell are some from his son Gregory; whereof one is from Calais, Dec. 
 9, 1539, when Anne of Cleves was expected there. The King's marriage with her 
 was bad for Cromwell. After his high ofiices and' dignities, there was in June, 1540, 
 a great change 1034 
 
 24. In June, 1640, of Anne of Cleves, Katharine Howard and Thomas Cromwell. Against 
 
 this ex master of the Rolls there was a bill of attainder; he was beheaded July 28, 
 without due process of law. Ohrlatopher Hales, who succeeded Cromwell as Master 
 of the Rolls, retained the place until his death in June, 1541 1037 
 
 25. Statutes of Parliament at July session in 32 Hen. VIII (1540). In the general pardon 
 
 fch. 49) there were exceptions; Robert Barnes and others suffered cruel deaths by 
 burning. Under ch. 25 the marriage with Anne of Cleves was dissolved 1041 
 
 26. Of Katharine Howard before her marriage to the King, Aug. 8, 1540, and after that mar- 
 
 riage. Action of Parliament in 33 Hen. VIII (1541-2). More consideration for this 
 Queen by the King and by the Lord Chancellor Audley, than by the Privy Council. 
 By their advice she was deprived of life without due process of law. Of statutes 
 made by Parliament at the session in 33 Hen. VIII (1541-2). Under chapter 39 relief 
 for matter in equity. Position of William Paget in 1541, 1542 and 1543. In Scotland, 
 in Dec. 1542, death of James the fifth ; and birth of the Princess Mary. 1044 
 
 27. Statutes made in 34 and 35 Hen. VIII (1542-3); whereof ch. 4 is "against such persons 
 
 as do make bankrupt " ; ch. 5 is " explanation of the statute of wills " , and ch. 13, 
 recognition of principles which are the basis of the elective part of the constitution. 
 Mackintosh's observations on ch. 13, and on ch. 26 1049 
 
 28. In July. 1543, King Henry married his sixth queen, Katharine Parr. Statutes made in 
 
 35 Hen. VIII (1543-4). Katharine, Queen Regent during the King's absence in 
 
 France part of the summer and fall of 1544 , 1051 
 
 ?9. Death of Lord Chancellor Audley, April 30, 1544. General view of his conduct during 
 
 the chancellorship IO52 
 
 30. Of Robert Southwell, Master of the Rolls from July 1, 1541; and ThoinM Wriotheaieyl 
 
 keeper of the Great Seal from April 22, 1544, until May 3, and from that day Lord 
 Chancellor. Stain upon his memory for torturing Anne Askew a worthy young lady ; 
 and attempting to injure her friend the Queen 1054 
 
 31. The King's last appearance in parliament was in that of 37 Hen. VIII (1545) ; its 
 
 statutes and his speech. Of his weakness in 1546 1060 
 
 32. Part taken by Southwell, Master of the Rolls, and by Lord Chancellor Wriothesley* in 
 
Contents. xxxv 
 
 the prosecutloa of the Duke of Norfolk, and his son, Henry Howard, Earl of Surrey. 
 
 In Jan., 1546-7, theaon perished on the scaffold ; the father survived the King 1061 
 
 33. Of Edward Seymour, Garl of Hertford, uncle to the King's son Edward ; and the rela- 
 tions between Hertford and the Earl of Surrey. By the King^s will made in Do- 
 cember, 1546, there ^vas given to Hertford a power which was not given to Surrey 
 or his father. Of King Henry's death in Jan. 1546-7; of proceedings in parliament 
 on the 29tfa and Slst; and hia vault at Windsor Castle. Of Queens Jane Seymour 
 and Kathatine Parr; and Henry*B character 106S 
 
 APPENDIX A 
 
 (To ch. 30, ? 13, p. 991 and note.) 
 
 Letter of Jan. 22, 1864, from Lord Wensleydale aa to Copyright in England ; and aa to 
 
 Ampthill Park 1068 
 
 APPENDIX B 
 
 (To ch. 30, ? 26, p. 1049.) 
 
 As to removal of the remains of James V of Scotland; especially as to a rib said to have 
 
 been removed by a medical student, and to be now in Virginia, in Louisa County 1069 
 
Introduction. 
 
 A PROPER understanding of the large and important subject em- 
 braced in a " History of the High Court of Chancery and other insti- 
 tutions of England" for more than seventeen hundred years, may, it 
 is thought, be prpmoted by a few pages of introductive matter — as to 
 the people from whom those institutions were derived ; and concern- 
 ing Christianity in its early years. 
 
 /. General view as to the Romans and the Northtnen. 
 
 " Two nations only have left permanent impressions of their laws, 
 civil polity, social arrangements, spirit and character, on the civilized 
 communities of modern times — the Romans, and the handful of 
 northern people, from the countries beyond the Elbe, who had never 
 submitted to the Roman yoke, who, issuing in small piratical bands, 
 from the fifth to the tenth century, under the names of Saxons, Danes, 
 Northmen, plundered, conquered, and settled on every European 
 coast, from the White Sea to Sicily. Under whatever name, Goths, 
 Visigoths, Franks, Anglo-Saxons, Danes, or Northmen, these tribes 
 appear to have been all of one original stock — to have been one 
 people in the spirit of their religion, laws, institutions, manners, and 
 languages, only in different stages of civilization, and the same people 
 whom Tacitus describes. But in Germany the laws and institutions 
 derived from the Roman power, or formed under it after the Roman 
 empire became christianized, had buried all the original principles of 
 Teutonic arrangements of society as described by Tacitus; and in 
 France the name was almost all that remained of Frank derivation. 
 All the original and peculiar character, spirit and social institutions of 
 the first inundation of this Germanic population had become diluted 
 and merged under the church government of Rome, — when a second 
 wave of populations from the same Pagan north inundated again, in 
 the ninth and tenth centuries, the shores of Christendom. Where- 
 soever this people from beyond the pale and influence of the old 
 Roman empire, and of the later church empire of Rome, either set- 
 
2 Introduction. 
 
 tied, mingled, or marauded, they have left permanent traces in society 
 of their laws, institutions, character and spirit." ^ 
 
 2. Of social and political changes coinciding with the development of 
 Roman power. Of Christianity in its relation to government, 
 during three centuries ; in which there was, in point of jurisdic- 
 tion, no distinction of ecclesiastical and spiritual from civil and 
 temporal causes. 
 
 Fustel de Coulanges speaks of 'a series of social and political 
 changes' 'taking place in all the cities and in Rome itself, trans- 
 forming at the same time the governments of men and their ways of 
 thinking ' ; and remarks of this revolution ' that it coincides with the 
 great development of the Roman power.' 
 
 " Men no longer loved their country for its religion and its gods ; 
 they loved it only for its laws, for its institutions, and for the rights 
 and security which it afforded its members. We see in the funeral 
 oration which Thucydides puts into the mouth of Pericles what the 
 reasons are that Athens was loved ; they are because this city ' wishes 
 all to be equal before the law ; ' ' because she gives men liberty and 
 opens the ways of honour to all; because she maintains public order, 
 assures authority to the magistrates, protects the weak.' If man 
 ' still gives his blood and his life, it is to defend the institutions which 
 he enjoys and the advantages which the city procures him.' ' One 
 loved his country only as much as he loved the form of government 
 that prevailed there for the moment ; and he who found its laws bad 
 had no longer anything to attach him to it.' ' Men then began to 
 emigrate more freely;' they 'were easily accustomed to live away 
 from their country.'^ 'They wished to escape from a regim.e which, 
 after having produced real grandeur, no longer produced anything 
 but suffering and hatred.' " ' 
 
 Of Christianity, and the ' great consequences ' that ' flowed as well 
 for the relations between nations as for the government of states,' * 
 Mons. de Coulanges speaks thus : 
 
 " During three centuries, the new religion lived entirely beyond the 
 action of the state ; it knew how to dispense with state protection, 
 and even to struggle against it. These three centuries established an 
 abyss between the domain of the government and the domain of 
 
 1 Laing's Chronicles of Kings of Nor- ^ Ancient City, book 5, ch. 2, pp. 491, 
 
 way; cited in Penny Magazine for 1844, 492 of Am. ed. 1874. 
 Aug. 17, No. 794, p. 320. 3 Id. pp. 493, 494. 
 
 *Id. book 5, ch. 3, p. 524. 
 
Introduction. 8 
 
 religion." * " Christianity distinguished the private from the public 
 ■virtues. By giving less honour to the latter, it elevated the former; 
 it placed God, the family, the human individual above country, the 
 neighbor above the city. Law was also changed in its nature."" 
 Christianity " occupied itself with the duties of men, not with their 
 interests. Men saw it regulate neither the laws of property, nor the 
 order of succession, nor obligations, nor legal proceedings. It placed 
 itself outside the law and outside all things purely terrestrial. Law 
 was independent ; it could draw its rules from nature, from the 
 human conscience, from the powerful idea of the just that is in men's 
 minds."' 
 
 These observations bear upon the distinction of ecclesiastical and 
 spiritual from civil and temporal causes. 
 
 " For the space of three hundred years after Christ, this distinction 
 was not known or heard of in the christian world. For the causes of 
 testaments, of matrimpny, of bastardy and adultery, and the rest 
 which are called ecclesiastical or spiritual causes, were merely civil, 
 and determined by the rules of the civil law, and subject only to the 
 jurisdiction of the civil magistrate." * 
 
 With this statement of Sir John Davies is the observation that 
 "after that the emperors had received the Christian faith" they singled 
 out "special causes wherein they granted jurisdiction unto the bish- 
 ops;" and therein the bishops did proceed "according to the rules of 
 the imperial law, as the civil magistrate did proceed in other causes." " 
 
 J. The administration established by the Romans in a country of 
 which they made a province. 
 
 The Romans " made it their business to establish a norm of ad- 
 ministration in any country of which they determined to make a 
 province. A country was not thought to be really conquered till it 
 had been bound, down by Roman laws as well as overthrown by 
 Roman arms."" "The norm of administration thus established was 
 called, in general terms, the 'law of the province' {lex provincicB)}^ 
 
 'Ancient City, p. 526. *Id. p. 527. Lex Mummia in Achaia, the Lex Ru- 
 
 ' Id. pp. 527, 528. /;?2a in Sicily." Id. p. 24. " The Z^^ 
 
 * Davies' Rep. p. 273 of edi. 1762. Rupilia seems to have chiefly concerned 
 
 ' Id. pp. 273, 274. itself virith the administration of justice, 
 
 ^"P. 23 of Arnold's Rom. Prov. Adm.; and laid down minute regulations as to 
 
 being the Arnold Prize Essay for 1879. ^^^ courts in which actions between Sici- 
 
 ^1 " But as applied to any particular Hans and Romans, between Sicilians of 
 
 province it would be named after its ori- the same town and between a Sicilian of 
 
 ginal author. Thus we find the Lex one town and a Sicilian of another, were 
 
 Pompeia in Pontus and Bythinia, the to be tried." Id. p. 25. 
 
4 Introduction. 
 
 " Every-where where the Roman conquest had found a good mu- 
 nicipal and financial organization it had remained content with it." 
 " The Romans were not cursed with the passion for uniformity." — 
 " The extent to which they left the pre-existing arrangements unal- 
 tered in Egypt is an extraordinary proof of their wise conservatism : " 
 "The arrangements of the Ptolemies remained the ground-work of 
 the government " — " The general difference in the administration of 
 East and West illustrates the same marvellous readiness of Rome to 
 adapt herself to existing circumstances. The incompatibility of Ro- 
 man and Greek was a fact she early recognized : " — "The policy of 
 Rome was to leave the Greek cities very much to themselves, though 
 no doubt always favouring the aristocratic element in them as Sparta 
 had done before her, at the expense of the democratic element " — 
 On the whole, "towns remained wonderfully unchanged." — "This 
 conservatism was of course very natural. The Romans would have 
 given themselves an immensity of trouble, if they had insisted upon 
 a uniform administration every-where." " 
 
 " In all cases the praetor presided, except where he delegated his 
 authority to his subordinates ; but he was assisted, and no doubt to a 
 certain extent controlled by his assessors — always apparentiy Romans 
 settled in the province, — whom he appointed to try the case along 
 with him."" 
 
 " The number of cases that came before the praetor as compared 
 with those that came before the local courts would depend upon the 
 arrangements of the lex provincicB ; upon the amount of liberty 
 claimed by the towns ; and last, but not least, upon the inclination of 
 the governor to respect those liberties. So the people of the litde 
 town of Bidis in Sicily had apparently a right to settle legacy cases 
 by their own municipal law, but Verres ignored the right. Another 
 right granted to the Sicilians was that no man should be forced to 
 give security to appear in any court (forum) but that of his own dis- 
 trict. It would of course have been ruin to a poor man to have to 
 leave his business, and make a journey and appear in a court held at 
 the other end of the island. This right too Verres disregarded. In 
 those provinces in which there were numbers of Roman colonies and 
 municipia, the jurisdiction of the governors and of the towns existed 
 
 '^Egger Examen critique, p. 44, is cited " Id. p. 19 to 22. 
 
 on p. 19 of Arnold's Rom. Prov. Adm.; uid_ pp_ r, e. 
 
 being tlie Arnold Prize Essay for 1879. 
 
Introduction. 5 
 
 side by side, each " (Mr. Arnold says) " keeping no doubt within its 
 accurately defined limits." " 
 
 "The governor of a Roman province united in his single person 
 ■civil and military authority. He was commander-in-chief and su- 
 preme judge, and (though this was the special business of the quaes- 
 tor) largely interfered in matters of finance." — " The first business of 
 •a Roman governor was to pubhsh his edict;" — "and it was the cus- 
 tom for it to be made known in the province before the governor 
 entered upon his office." — " The edict was only controlled by the lex 
 j>rovinci<£ and the local codes." — "In theory,- each new governor 
 might issue a completely new edict; but in practice it was not so:" — 
 ■" Great part of the edict was traditional, and passed on from praetor 
 to praetor without change ; ' edidum tralatitium ' Cicero calls it, and 
 in this way a regular code of law was built up in the provinces." — 
 " These provincial edicts were, as regarded many points of civil law, 
 largely modelled upon the edicts of the urban praetors." '' 
 
 "It was in his capacity as supreme judge that the proconsul must 
 have impressed himself most strongly upon the minds of the provin- 
 cials. Under the empire the provinces were regularly divided into 
 ■conventus, or districts for judicial purposes, corresponding to our ' cir- 
 cuits V' and ' from the first a certain number of towns were set apart 
 as convenient centres, where the praetor was accustomed to make a 
 •Stay and hold a court.' To these centres the Roman citizens dwell- 
 ing in the neighborhood resorted at fixed intervalsj so as to form a 
 ready-made body of jurymen, from whom the praetor might appoint 
 ■fit persons to try the several cases brought before him. It was one 
 of the complaints brought by Cicero against Verres, that he repeat- 
 edly passed over these capable and respectable persons and appointed 
 judges from his own good-for-nothing retinue." " 
 
 .4. Of the distinction in the Roman law between actions stricti juris 
 and bones jftdei; the period at which the Romans had distinct 
 courts of law and equity. Of their doctrine of trusts; and their 
 PrcBtorfidei commissarius. 
 The distinction between such actions is noticed by Mr. Spence.^^ 
 
 s 
 
 ^5 Id. p. 54. '^ Id. pp. 48, 49. 18 1 Spence's Eq. 210, ^^ jif^. 218, 246, 
 
 "Id. p. 52. 323. 
 
o Introduction. 
 
 " The law, on principles of equity, had established as a maxim that 
 the seller of an estate should make compensation for all the encum- 
 brances that he knew of and which he might omit to communicate at 
 the time of the contract. One Gratidianus had sold a house to C. 
 Sergius Orata, which the latter had shortly before purchased of the 
 same Gratidianus. Sergius Orata was entitled to a right of way or some 
 other servitus, or as we may say easement, over this property, which. 
 Gratidianus naturally did not mention at the time of sale. Orata 
 taking advantage of this omission, insisted that he was entitled, ac- 
 cording to the settled rule of law, to compensation for the easement; 
 ■ and he commenced an action to recover it. This being an actio- 
 boncBfidei, an equitable defence was admissible. Crassus was the ad- 
 vocate of Orata, Anthony of Gratidianus ; the remainder is best told 
 in Cicero's own words :" 'Jus Crassus urgebat — quod vitii venditor 
 non dixisset sciens id oportere praestari.'" y^quitatem Antonius, quo- 
 niam id vitium ignotum Sergio non fuisset, qui illas aedes vendidisset,. 
 nihil fuisse necesse did ; nee eum esse deceptum qui id quod emerat 
 quo jure esset teneret.'" 'Quorsum hsec?' adds Cicero, 'Ut illud in- 
 telligas non placuisse majoribus nostris astutos!'^ 
 
 So, in the oration for Ccecina, ' Si verbis et litteris, et (ut dici solet) 
 summo jure contenditur; solent ejus-modi iniquitati, Boni et ^qui 
 nomen dignitatemque opponere.' " 
 
 Cicero's oration for Ccecina'^' is supposed to have been delivered 
 when Cicero's age did not exceed thirty-eight, that is in a year not 
 later than 69 before Christ." Professor Browne says : 
 
 " Certain it is," " from express passages in the code, that before the 
 time of Justinian,''^ there were fixed and permanent tribunals ; certain 
 it is also that they had distinct courts of law and equity. The doc- 
 trine of tfusts contributed to this distinction with them as much as- 
 with us. On the doctrine of trusts, their law was fertile and proHx, 
 and their Prcstor fidei commissarius, easily suggested to churchmen 
 and civiHans the idea of our modern chancellor." '^ 
 
 I'De OfSciis, lib. iii, c. 16, torn. iii. 2' Synopsis in Olivet's edition, torn, iv 
 
 394. Mr. Spence (1 Spence's Eq. 412,) p. 659-661, referred to in i Spence's Eq. 
 
 notes that 'this was rather a favorite il- pp. 221, 222. 
 
 lustration;' that "it occurs again in the " Mi^dieton-s Cicero, p. 129 of Lond. 
 
 Treatise, Be Oratore, lib. i, ch. 39." edi. 1801; i Forsyth's Cicero, p. 69 of 
 
 ™V. Dig. xix i, II. N. Y. edi. 1866. 
 
 "Mr. Spence (i Spence's Eq. 412) ob- ^^xhat is before 527. 
 
 serves that "this afterwards became the ^i Browne's Civil Law, ch. 2, p. 4a 
 
 law;" and cites Dig. xix i. i, i. of Lond. edi. 1802. 
 
 »2De Officiis, lib. iii, i;. 16. 
 
Introduction. 7 
 
 J. The Roman cancellarii. Name and office of chancellor copied 
 from. Rome into France and other states of Europe. 
 
 " The Roman cancellarii became secretaries or scribes to the empe- 
 rors and principal judges; then they seem to have been a sort of pro- 
 vincial prsetors; and one of them, being distinguished above the rest, 
 suddenly reached the summit of civil grandeur and preeminence. 
 The ordinary part of his function in the latter ages, seems to have 
 been to receive petitions and supplications addressed to the throne 
 and to frame and issue the imperial writs and mandates." " 
 
 The name and office of chancellor was copied from the Caesarian 
 palace into most of the states of Europe."* 
 
 Monsieur Domat speaks " of the first of all the magistrates who is 
 the Chancellor of France, the Head of Justice, who presides in the 
 King's council, and in all the sovereign courts of justice where he 
 sits, who gives the form and puts the seal to all edicts, declarations 
 and ordinances, who gives patents and commissions to all officers, 
 and who exercises all the other known functions of this first and most 
 important of all the offices." ^ 
 
 ^1 Wooddesson Inst., p. i6oof ist, p. cited in i Story's Eq. § 40, note 5, p. 51 
 96 of 2d edi. of 12th edi. (1877). 
 
 28 Id; Camden's Britannia, p. 180, is ^Domat's Civil Law, vol. 2, p. 570 
 
 of Lond. edi. 1722. 
 
Title I. 
 
 INSTITUTIONS OF BRITAIN FROM ITS INVASION BY 
 THE ROMANS UNTIL THE NORMAN CONQUEST. 
 
 " The realm of England was first inhabited by the Britons ; after- 
 wards it was ruled and civilized under the government of the Ro- 
 mans ; then the Britons prevailed again ; next it was jjossessed by the 
 Saxons, who changed the name of Britain into England. After the 
 Saxons, the Danes lorded it over us, and then the Saxons prevailed a 
 second time; at last, the Normans came in, whose descendants retain 
 the kingdom." 
 
 The period thus spoken of by Sir John Fortescue ^' is treated of 
 under this title. 
 
 Chap. I. — Institutions of Britain until its invasion by the English (449). 
 
 II. — Institutions of Britain from its invasion by the English (449) until King 
 
 Egbert's death (838). 
 III. — Institutions of England from King Egbert's death (838) until the death 
 
 of Alfred the Great (901). 
 IV. — Institutions of England from the death of Alfred the Great (901) until 
 the Norman Conquest (1066). 
 
 V. — Views applicable to the period from 449 to 1066. Polity of the Germanic 
 race; developed on British soil. Process of migration to, and con- 
 quest of, Britain by the English : their institutions before the Norman 
 Conquest. The fine arts among the Anglo-Saxons. 
 
 iDe Laudibus Legum Anglic, ch. 17, p. 50 to 52 of Cincinnati edi. 1874. . 
 
10 Under Britons and 
 
 CHAPTER I. 
 
 INSTITUTIONS OF BRITAIN UNTIL ITS INVASION BY 
 THE ENGLISH (449). 
 
 I. Of the Britons before and in fulius Gzsar's time. 
 
 " The far greater part of the names of mountains, lakes and rivers^ 
 in both the British islands, are to this day descriptive and significant 
 only in some Celtic language." 
 
 Together with this, statement is the expression of belief "that the 
 people of Celtic race were the earliest inhabitants of these islands." '^ 
 Other volumes contain interesting information of the ancient Britons. 
 It has been said "that the etymon of many British words seems to be 
 Greekish;" "that the Phoenicians or Greeks first sailed into Britain 
 and mingled customs and languages."'' But " the Romans were the 
 first certain and known foreigners in this island;" and "(?._/ Cmsar 
 was the first of the Romans that invaded Britain."' 
 
 It is thought to have been almost demonstrated* that it must have 
 been on the 26th of August B. C. 55 (at ten o'clock in the morning) 
 that Caesar reached the British coast, near Dover. This not being a 
 good point to effect a landing in face of an enemy, Caesar sailed along 
 the coast; though the opposition of the natives was bold, and he 
 encountered great difficulties, yet he succeeded in landing his twa 
 legions on an open flat shore between Walmer casde and Sandwich. 
 
 il Mackintosh's Hist, of Eng., ch. i, *By Edmund Halley, the astronomer 
 
 p. 21 of Phila. edi. 1830. and mathematician. He lived from 1656- 
 
 ^Pinnock's Guide to Knowledge, vol. to 1741, and was the author of a multi- 
 
 I, p. 421, et seq., especially on pp. 429 tude of papers on 'Philosophical Trans- 
 
 and 430; Harl. Miscel., vol.6, p. 217 actions*; one of which is referred to 
 of edi. 1810. • in Penny Magazine for 1837, pp. loi, 
 
 3 Id. vol. II, p. 449. 102. 
 
Romans, before 449. 11 
 
 It was not long after this first invasion by Caesar before the Britons a 
 second time sued for peace. 
 
 Caesar " because the equinox was approaching and his ships were 
 leaky, granted it to them on no harder condition than that of doub- 
 ling the number of hostages they had promised after their first defeat. 
 He did not even wait for the hostages, but a fair wind springing up, 
 he set sail at midnight and arrived safely in Gaul. Eventually only 
 two of the British states sent their hostages ; and this breach of treaty 
 gave the Roman commander a ground of complaint by which to jus- 
 tify his second invasion."^ 
 
 Thus it appears that on the shores of what is now Great Britain, 
 Caesar landed "in the fifty-fifth year before the Christian era"; he 
 invaded the country in the following year." 
 
 " Some victories he achieved, some hostages he took;" he "im- 
 posed a tribute upon the nation and so returned into the continent; 
 he made no conquest " of the Britons " but discovered them to pos- 
 terity."' 
 
 2. Whether any skilled in the laws of Rome were employed by Julius 
 C/zsar in what is now Great Britain. Particularly of Trebatius,-^ 
 what appears of him in Cicero's letters. 
 
 In a volume published more than two centuries ago* is this pas- 
 sage: 
 
 "We read that Trebatius (an ancient civil lawyer, and who is often 
 spoken of in the Pandects, who lived in Julius Caesar's time,) was there 
 40 years before Christ; did remain at Samarobriva in this island of 
 Great Britain; and died here likewise."' 
 
 It is interesting to enquire whether there is any, and if any what,, 
 foundation for the supposition that Trebatius (a civil lawyer) who 
 
 * Id. Chancery, wilh the nature of the several 
 
 *I Mackintosh's Hist, of Eng., ch. I, offices belonging to that court; and the 
 
 p. 21 of Phila. edi. 1830, Louis Napo- reports of many cases wherein relief hath 
 
 Icon's Julius Caesar, book 4, ch. 4, vol. 2, been there had and where denied." — 
 
 pp. 451, 452 of N. Y. edi. 1866; Id. ch. London 1672. A new edition of this 
 
 5, pp. 467, 468. volume (known as ' Choyce Cases in 
 
 'Harl. Miscel., vol. 11, p. 449, edi. Chancery,') was published at London 
 
 1810; Id. p. 102. '" '^70. 
 
 'Choyce Cases in Chancery, p. 55 of 
 
 *"The Practice of the High Court of eji. 1870. 
 
12 Under Britons and 
 
 lived in Julius Caesar's time was in the country now known as Great 
 1-iritain. 
 
 In the year ab urbe condita 699 and before Christ 55, when Csesar 
 was in Gaul, preparing for his first expedition into Britain, Cicero was 
 writing to him and Balbus of Trebatius, as a man of great modesty 
 and merit and eminendy skilled in the laws of his country}" Dr. 
 Middleton's translation of this part of the letter reads : 
 
 "I will be answerable for the man; not in my former style, which 
 you justly rallied when I wrote to you about Milo, but in the true 
 Roman phrase which men of sense use ; that there is not an honester, 
 worthier, modester man living : I must add what makes the principal 
 part of his character, that he has a singular memory and perfect 
 knowledge of the civil law}' " 
 
 Csesar thanks him for sending the lawyer, Trebatius, to him, and 
 " says upon it jocosely that there was not a man before in his army 
 who knew how to draw a recognizance." " Cicero's friendly interest 
 in the lawyer is continually shown in letters to Trebatius" written in 
 a pleasant vein. He says, in one, " I am glad for my sake as well 
 as yours that you did not attend Cessar into Britain : as it has not 
 only saved j/<72^ the fatigue of a very disagreeable expedition, but me 
 likewise that of being the perpetual auditor of your wonderful ex- 
 ploits;"" and in another, "I comfort myself with considering that 
 you are not altogether so desperate a soldier as you are a lawyer. It 
 is a wonderful consolation indeed to your friends to be assured that 
 your passions are not an overmatch for' your prudence. Thus, as 
 much as I know you love the water, you would not venture, I find, 
 to cross it with Csesar : and tho' nothing could keep you from the 
 combats in Rome, you were much too wise, I perceive, to attend them 
 in Britain."'^ Yet Trebatius was a favorite of Caesar: the same letter 
 from which this extract is made contains the subjoined passage.^* 
 
 1" Cicero's Letters, by Melmoth, vol. I, Lond. edi. 1772; Forsyth's Cicero, vol. 
 
 p. 134 to 138 of London edi. 1772. i, pp. 328, 329 and 333, 334, 353. 
 
 "2 Middleton's Life of Cicero, p. 107 "Melmoth's Cicero, vol. i, p. 146; 
 
 of Lond. edi. i8oi. Forsyth's Cicero, vol. i, p. 334. 
 
 i^Id. p. 104. isjielmoth's Cicero, vol. i, pp. 151, 
 
 li'Id. pp. 108, 109; Cicero's Letters, 152. 
 
 by Melmotb, vol. i, p. 138 to 148 of ^^"I perceive by your letter that my 
 
Romans, before 449. IS 
 
 Trebatius was now in the city which had at that time in Gaul the 
 name of Samarobriva, and is now in France the city of Amiens." In 
 a letter to him next year (A. U. 700) from Cicero there is (in Mel- 
 moth's translation) the following: 
 
 " You inform me, indeed, that Caesar does you the honor to advise 
 with you. For my own part, however, I had rather hear that he 
 consulted yowx interest, than your judgment. But seriously ; if the for- 
 mer is really the case, or there is any probability of its proving so, let 
 me intreat you to continue in your present situation and patiently sub- 
 mit to the inconveniences of a military life: as on my part, I shall 
 support myself under ybur absence with the hopes of its turning to 
 your advantage.; But if all expectations of this kind are at an end, 
 let us see you as soon as possible : and perhaps some method may 
 be found here of improving your fortunes. If not, we shall at least 
 have the satisfaction of enjoying each other's company; and one 
 hour's conversation together is of more value to us, my friend, than 
 the whole city of Samarobriva. Besides, if you return soon, the dis- 
 appointment you have suffered may pass unremarked; whereas, a 
 longer pursuit, to no purpose, would be so ridiculous a circumstance 
 that I am terribly afraid it would scarce escape the drollery of those 
 very arch fellows, Laberius and my companion Valerius. And what 
 a burlesque character would a British lawyer furnish for the Roman 
 stage !"^« 
 
 Of the same letter, as in Epistola ad Diversos, vii, 11, Mr. N. P. 
 Howard '' gave," in a communication of December 16, 1869, the sub- 
 joined translation," and accompanied the same with the observations 
 
 friend Caesar looks upon you as a most are the most profound sage in the law 
 
 wonderful lawyer: and are you not hap- throughout the whole city of Samarobri- 
 
 py in being thus placed in a country va.'.' t Melmoth's Cicero, p. 156. 
 
 where you make so considerable a figure ^^Id. p. 222 to 224. 
 
 upon so small a stock? But with how 19 Mentioned in 7 Rob Pract. p. 1098 
 
 much greater advantage would your noble ^f jg„ 
 
 talents have appeared, had you gone into 20 £„ response to a letter from the au- 
 
 Britain? Undoubtedly there would not thor of the present work. 
 
 have been so profound a sage in the law ....^^^ ^.jt,^ -^^^^^^^ ,^^, y„„ ^.^ 
 
 throughout all that extensive island." <.„„,„,(,^ ^y Caesar; but I would rather 
 
 ■ "■ ^^' that your interests were consulted by 
 
 "Cicero writes him, "I find by those him. If that is done, or you think it will 
 
 who come from your part of the world be done, endure that military service and 
 
 that you are grown wonderfully reserved: persevere. For I will console myself for 
 
 for they tell me you answer no queries. the want of you by the hope of your ad- 
 
 However, it is on all hands a settled vantage. But if those engagements are 
 
 point (and you have reason certainly to unprofitable, come back to us. For there 
 
 congratulate yovurself upon it) that you will either be something for you here, at 
 
14 
 
 Under Britons and 
 
 below.'" Admitting that Trebatius is mentioned as in the number of 
 Cffisar's particular favorites,'' and is celebrated by Cicero, Horace" 
 and Pope,'^ it does not appear that he was in Britain at the time 
 of Cicero's letter speaking of britannici jureconsulti, or at any other 
 time, either before or after.''* On the contrary, in Melmoth's first 
 volume, subsequent to the letter mentioning ' a British lawyer,' there 
 is another (A. U. 700) wherein Cicero, reproaching Trebatius with 
 not writing him, says : 
 
 " Is it not the apprehension of the next swhimer's campaign that has 
 rendered your hand too unsteady to perform its office? If so, you 
 must e'en play over again the same gallant stratagem you practised 
 last year in relation to your British expedition, and frame some he- 
 roic excuse for your absence""" 
 
 And it appears that soon afterwards Trebatius did return to Rome. 
 It so appears in the following letter from Cicero to Trebatius in the 
 same year (A. U. 700) : 
 
 some time or other; or if not, one single 
 conversation of ours together, will be 
 worth more, by Hercules, than all Amiens. 
 Finally, if you return quickly, there will 
 be no talk about you. If you are long 
 absent 10 no purpose, I dread not only 
 Laberius, but even our own comrade Va- 
 lerius. For a marvellous character, that 
 of a british lawyer, may be brought be- 
 fore the public." 
 
 M " Valerhts, mentioned along with Za- 
 berius the writer of mimes, was proba- 
 bly the poet Valerius Catullus, whose 
 propensity to satirize his friends was well 
 known. Catullus was certainly a friend 
 of Cicero, as appears by one of his little 
 poems addressed to the great orator ; and 
 that he was also a friend of Trebatius 
 may be deemed highly probable, as the 
 same Trebatius was, long afterwards, an 
 intimate friend of another poet, Horace, 
 who makes him an interlocutor in one of 
 his satires, the subject of which is a pre- 
 tended consultation of Trebatius, by 
 Horace, as to the law of libel, and the 
 
 chance of its being applied to himself by 
 the irritated victims of his satirical at- 
 tacks. Trebatius, in fact, seems to have 
 been a literary man by taste, as well as a 
 lawyer by profession, and always to have 
 sought, and cultivated the friendship of 
 those who were distinguished in litera- 
 ture. Most of the commentators upon 
 Cicero, however, think (very strangely, 
 a? it seems to me) that the Valerius here 
 mentioned was not the poet Catullus, but 
 Valerius, the lawyer, to whom Cicero ad- 
 dressed the loth epistle of the first book 
 ad Oiversos." 
 
 ^Suet. in vit. Jul. Cssar. 
 
 2*Hor. Sat. ii. I. 
 
 ^ Pope's Works, vol. 6, p. 96 et seq. of 
 Lond. edi. 1824. 
 
 ^^Examination has been made of let- 
 ters from Cicero to Trebsttius, A. U. 700, 
 in I Melmoth's Cicero, p. 232 to 234, pp. 
 23s. 236, p. 239 to 241, pp. 247, 248, pp. 
 261, 262, pp. 266, 267. 
 
 '"' I Melmoth's Cicero, p. 247 of edi. 
 1772. 
 
Romans, before 449. 15 
 
 " You laughed at me yesterday when I asserted over our wine that 
 it was a question among the lawyers whether an action of theft could 
 be brought by an heir, for goods stolen before he came into posses- 
 sion. Tho' it was late when I returned home, and I had drunk pretty 
 freely, I turned to the place where this question is discussed, and 
 have sent you an extract of the passage ; in order to convince you 
 that a point which you imagined had never been maintained by any 
 man, was actually holden by Sextus ^lius, Marcus Manlius and 
 Marcus Brutus. But notwithstanding these great names, I agree in 
 opinion with Scsevola and Trebatius.'"'^ 
 
 Of a letter,^ alluded to by Mr. Forsyth,'" as mentioning " the com- 
 mon law, which was for the common good," there was furnished to 
 the author by Mr. Howard, the subjoined translation,'^ with these 
 observations : 
 
 ^''Jus means right as well as law : and jus civile, though it very 
 frequently means the system of civil taw, may also, and with equal 
 propriety, signify the right of the citizens In this last sense I think 
 it clear that Cicero has here used it, but with an allusion at the same 
 time to the other and more common signification — playing, in fact, 
 upon the ambiguity of the words. But jus civile can never mean 
 the com,mon law, in the sense familiar to English lawyers and jurists, 
 nor indeed in any sense except in that in which the general law of every 
 country, by which the common rights and remedies of the citizens 
 are ascertained and regulated, may be termed the common law of 
 that country. In any other sense, the common law is clearly a mis- 
 translation oi jus civile." 
 
 J. Whether St. Peter or St. Paul was in the British Isle. As to this. 
 Bishop Newton's view is supported neither by Dr. Lingard nor 
 by Henry Hart Milman, dean of St. PauFs. Christianity with- 
 out -influence in the British Isle previously to Roman dominion 
 therein. 
 Towards Roman conquest of what is now Great Britain, there was 
 
 ^ Id. pp. 266, 267. For the rule of the statues communi dividundo, quum com- 
 
 common law of England as to the right mune nihil possit esse apud eos, qui om- 
 
 of action for such goods there may be nia voluptate sua metiuntur?" 
 
 reference to 3 Rob. Pract, ch. 51, § 2, pp. ^opuj-ayth's Cicero, vol. 2, p. 7, of N. 
 
 244, 24s, and ch. 54, | 2, pp. 257, 258, Y. edi. 1866. 
 
 of edi. 1858. •'i"My friend Pansa has informed me 
 
 » Cicero Trebatio (Epistolae ad Diver- that you have become an epicurean.— But 
 
 SOS, vii, 12) "Indicavit mihi Pansa tneus, in what manner will you defend the right 
 
 ^picureum te esse factum.— Sed quonam of the citizens, when you do everything 
 
 modo jus civile defendes, quum omnia tua for your own sake, and not for that 
 
 causa facias, non civium? — Quod jus of the citizens? — What law will you 
 
16 Under Britons and 
 
 done not much in Julius Caesar's time ; '^ and but little more for about 
 ninety-seven years. These facts • may not have received sufficient 
 consideration from Dr. Thomas Newton when, in 1771, he published 
 ' the following as to the British island : 
 
 " There is some probability that the Gospel was preached here by 
 St. Simon the apostle; there is much greater probability that it was 
 preached here by St. Paul." ^' 
 
 As to when Christianity was first preached in the British isle, Dr. 
 Lingard says : 
 
 " Some writers have ascribed that province to St. Peter, others have 
 preferred the rival claim of St. Paul ; but both opinions (improbable 
 as they are in themselves) rest on the most slender evidence — on 
 testimonies which are, many of them, irrelevant, all ambiguous and 
 unsatisfactory." ^* . 
 
 In the opinion of Henry Hart Milman, dean of St. Paul's, 
 
 " The visit of St. Paul to Britain is a fiction of religious national 
 vanity. It has few Or no advocates except English ecclesiastical anti- 
 quarians. In fact, the state of the island, in which the precarious 
 sovereignty of Rome was still firmly contested by the native barba- 
 rians, seems to be entirely forgotten."'^ 
 
 According to the weight of authority, Christianity had no influence 
 in the British isle previously to Roman dominion in it ; civilization 
 , had made little progress therein till the conquest of Agricola.'^ 
 
 assign for making partition of property lier's Eccles. Hist, book i ; Usserii Bri- 
 
 held in common, when there can be no- tann. Eccles. Antiquitates, cap. i &c. 
 
 thing in common among those who meas- 3* i Lingard's Eng. ch. i, p. 44'of Bos- 
 
 ure all things by their own gratification?" ^q^ gji_ jg., 
 
 ^•^Joannes Seldeni ad Fletam Disser- ssHist. of Christianity, book 2 ch ■> 
 
 tutio; published in 1647 ; also ch. 4, \ 4, p. 470 (note) of vol. i N. Y. edi ' ' "" 
 
 p. 69 of Kelham's translation in 1771; ,,, 
 
 2 Harl. Miscel. p. 41, to 476 of edi Up to that time, it was occupied only 
 
 1809; Forester's note on p. 17 of Henry ^ *^ mvadmg legionaries (fully occu- 
 
 of Huntington, edi. 1853. P'^*^ "' extending and guarding their 
 
 -Dissertations on the Prophecies, vol. ""^"tf^ 'f \'"'l.'"'f ^""^'°- 
 
 a, p. 258 of edi. 1771; citfng Stilling- J,"' *"■" ^'^"^ ^'^"'^'-^ ^''^-'y'' 
 fleet's Origines Britannicse, ch. i ; Col- 
 
Romans, before 449. 17 
 
 4. The earliest period from which Roman dominion in Britain is 
 claimed is in the reign of Claudius, A. D. 44. In the time of his 
 successor, an heroic effort was made by Boadicea, a British queen, 
 but the Britons were defeated by the Romans under Suetonius 
 Paulinus. 
 
 " If an inscription of Britain is correctly read, it seems to mention 
 Cogidubni Regis (also known from Tac. Agr. 14,) legati Augusti in 
 Britannia ; and Hiibner supposes this client-prince to have actually- 
 discharged the functions of imperial legate in this country." ** 
 
 Claudius was proclaimed emperor in 41 A. D. 
 
 " It was not till the third year of the reign of Claudius that that 
 emperor determined to invade Britain for the purpose of annexing it 
 to the einpire. Aulus Plautius accordingly was sent to Britain for 
 this purpose, with such legions as could be spired from the service 
 in Gaul, and he succeeded in subjugating a considerable portion of 
 the country. He reduced it to the form of a province; and having 
 placed several of his veteran officers as governors of different dis- 
 tricts, concluded he had effected the object for which he had been 
 sent."^ 
 
 This invasion under the Emperor Claudius (U. C. 796, A. D. 44) is 
 the earliest period from which Roman dominion in Britain is claimed." 
 
 "Many of the natives having rebelled against the Roman authority, 
 Publius Ostorius Scapula was sent in the year 49 to repress the in- 
 surrectionary movements of the Britons. In this he partially suc- 
 ceeded ; and in order to preserve the tranquillity to which the country 
 had been reduced, as well as to suppress any further manifestation of 
 ill will, he proceeded to erect several forts in different parts of the 
 •country." ** 
 
 "C. I. L. xvii. p. 18, and Hiibner's •''^Bede's Eccl. Hist., book i, ch. 3, pp. 
 
 note are cited on p. 14 of Arnold's Rom.. lo, 11; Henry of Huntington, p. 17; 2 
 
 Prov. Adm. ; being the Arnold prize es- Harl. Miscel., p. 430 to 446 of Lond. 
 
 say for 1879. edi. 1809; Turner's Anglo-Saxons, book 
 
 ^^Penny Magazine for 1839, Dec. 7, i, ch. 6, pp. 70, 71 of edi. 1852. 
 {No. 493) p. 474. Mr. Arnold, in speak- ^KThis is the first authentic account 
 ing of the provinces added to the Roman of there being any Roman masonry 
 empire in the reign of Claudius, men- in the kingdom. Penny Magazine for 
 tions Southern Britain as "conquered and 1839, Dec. 7 (No. 493) p. 474. At Do- 
 made into an imperial province under a ver is a building, considered "the most 
 legate." P. 133 of Arnold's Rom. Prov. ancient specimen of the architecture of 
 Adm.; being the Arnold prize essay for the Romans now existing in Great Brit- 
 1879. ain." — "Standing on the most elevated 
 2 
 
18 Under Britons and 
 
 War between the Romans and Britons continued until 62 A. D., 
 and indeed until 78 A, D.*" 
 
 Claudius died in A. D. 54, and was succeeded by Nero. After the 
 death of Veranius, governor in Britain, this province was " assigned 
 to Suetonius Paulinus, one of the most famous men of that age for 
 military affairs."*^ 
 
 " Prasutagus, King of the Icenians, a man renowned for his riches, 
 did, by his last will, make the Roman Emperor his heir (joindy with 
 two of his daughters) supposing that thereby his kingdom and family 
 should have been maintained in good estate and protected from vio- 
 lence after his death ; all which fell out contrary to his hopes ; for his 
 kingdom was made a prey to the soldiers, Voadica (or Boadicea) his 
 wife whipped, his daughters deflowered, such as were of his family 
 made slaves, and the wealthiest men of his kingdom, either by open 
 force or surmised pretences, deprived of their goods and dispossessed 
 of their inheritance."*' 
 
 There is an interesting picture of Queen Boadicea "animating the 
 Britons to defend their country against the Romans."** To her, 
 " standing upon a heap of turves," with " her daughters on each side of 
 her," is ascribed a speech of considerable length ; the conclusion of 
 which is to this effect: 
 
 " Your ancestors could make head against Julius Caesar, and the 
 Emperors Caligula and Claudius ; the Germans have lately freed 
 themselves by that memorable overthrow of the Roman legions, 
 under the conduct of Quintilius Varius ; and shall not we who scorn 
 to be reputed inferior to the Germans in valour, be confident in our 
 own strength and boldly adventure? Considering that, if we prevail, 
 we recover our lost liberty ; if we be forced to retire, we have woods, 
 hills and marshes, for our refuge ; and if we die, we do but sell our 
 lives with honour, which we cannot possess with safety. For my 
 own part, you shall find me no less ready to execute, when time serves, 
 than I am now to advise and exhort you ; myself having determined 
 either to vanquish or die ; if any of you be otherwise minded, then 
 liye and be slaves still "*^ 
 
 portion of the hill on which the castle of *^2 Harl. Miscel. p. 438 of edi. 1809. 
 
 Dover is situated, it forms a conspicuous ^U. p. 440 
 
 object, visible for miles around, and for 
 the last 1800 years has served as a land- 
 mark to guide the mariner to the shores 
 of England." Id. p. 473. 
 
 "l Lingard's Engl., ch. I, p. 24 to 28 
 of Boston edi. 1853. 
 
 **Pinnock's Guide to Knowledge, vol. 
 
 3. P- I- 
 
 *^ 2 Harl. Miscel. pp. 442, 443 of edi. 
 1809. 
 
Romans, before 449. 19 
 
 The loss to the Romans, compared to that of their enemy, was 
 inconsiderable. Boadicea herself narrowly escaped falUng into the 
 hands of the conquerers. "This heroic queen, in despair at her mis- 
 fortunes, and unable to survive this terrible defeat, put an end to her 
 existence by poison." " 
 
 5. Of Britain when a province of Rome, and under the lex provincia. 
 What is beautifully said by Rutilius. 
 
 As to the "State of the isle of Britain under the Roman empire,"*' 
 history shows how Agricola was proceeding when news came that 
 Vespasian was dead and Titus, his son, invested in the empire (A. D. 
 79). When Agricola surrendered the command to his son, Lucul- 
 lus, and returned to Rome, Roman power was firmly established in 
 the island.^ Britain, so far as it became a province of Rome, was 
 under the lex provincice^ and before very long British nobles were 
 educated at Rome to inure them to Roman laws.^° 
 
 By the time of Trajan, Eburacum (York) seems to have been the 
 seat of government.^' After Hadrian "had returned from the east to 
 Rome, on the death of Trajan, his first journey was to Gaul and Ger- 
 many." " Then he crossed to Britain and built the wall known by 
 
 ** Pinnock's Guide to Knowledge, vol. \ 3 ante p. 16 in note. Agricola's succes- 
 
 3, pp. 2, 3. sor-! were employed in protecting the pub- 
 
 *' The history so entitled was published lie tranquillity, in settling the details of 
 
 in i6o2 and reprinted in Harl. Miscel. p. the provincial government and in assimi- 
 
 411 to 476 of vol. 2, edi. 180Q. lating the state of Britain to that of other 
 
 ^i Lingard's Engl., ch. I, p. 31 of countries incorporated in the empire. I 
 
 Boston edi. 1853; p. 133 of Arnold's Lingard's Engl., ch. I, p. 31. 
 Rom. Prov. Adm. ; being the Arnold ^05 jjar], Miscel., p. 218, edi. 1810. 
 
 prize essay of 1879. Mr. Arnold there ^^\A. p. 450; Arnold's Rom. Prov. 
 
 subjoins "a summary of the epigraphic Adm. p. 133. Mr. Green says, "Under 
 
 evidence." "'There may be great men the empire political power had centred 
 
 even under bad emperors.' Agricola in in the district between the Humber and 
 
 Britain carried the Roman arms north of the Roman wall ; York was the capital 
 
 the Cheviots and secured the whole coun- of Roman Britain." Green's Short Hist., 
 
 try by a mixture of clemency and force." ch. I, § 2, p. 52; Green's Hist, of Engl. 
 
 Id. p. 139. Peop., ch. I, p. 26. Mr. Arnold says, 
 
 ^See Introduction, \ 3, ante p. 3 etseq.; " The inscriptions in York neighborhood 
 
 2 Harl. Miscel. p. 459 ; Camden Britan. p. are of the middle or end of the second 
 
 572 is cited in Selden's Dissertation, ch. century." P. 133 of Arnold's Rom. 
 
 4; ? 3) P- 68 of translation mentioned in Prov. Adm. 
 
20 Under Britons and 
 
 his name.''^" The successor whom Hadrian had chosen, M. Antoninus 
 Pius, imitated, and perhaps even exceeded, his solicitude for the pro- 
 vinces." " With such diligence did he rule the subject peoples that 
 he cared for all men and all things as his own. All the provinces 
 flourished under him.'"' 
 
 It is beautifully said by Rutilius," that Rome filled the world with 
 her .legislative triumphs, and caused all to live under one common 
 pact ; that she blended discordant nations into one country; and by 
 imparting to those she conquered a companionship in her rights and 
 laws, made the earth one great united city.^^ 
 
 6. Christianity was introduced into Britain after Antoninus Pius be- 
 came the Roman Emperor, and while Lucius was a prince in 
 South Britain. Of the church at Dover; and the tradition which 
 ascribes its erection to Lucius. 
 
 Though Antoninus Pius extended the Roman dominion in Britain, 
 yet he (by raising a new walP°) put a stop, during the continuance of 
 that dominion, to the desolating invasions of the Picts and Scots ; it 
 has been said, to his credit, that " he is almost the only monarch that 
 has lived without spilling the blood of his countrymen or his enemies." 
 In his time, namely, about one hundred and fifty years after the birth 
 of Christ — it may have been some years later — the Christian religion 
 began to discover itself openly in this island by means of Lucius, 
 who, by permission of the Roman Lieutenant, did govern as king, a 
 great part of the province." Venerable Bede says : 
 
 5^ Id. p. 143. "Hadrian's wall" was "^ Turner's Hist. of Anglo-Saxons, book 
 
 "not far north of York." Id. p. 133. i, ch. 6, p. 74. 
 
 Now the Britons conformed themselves 56..xhe wall of Antoninus Pius was 
 
 to the Roman laws, both in martial and ^^ere Agricola had reached, i. c. be- 
 
 civil affairs, which were then principally jween Clyde and Forth. This was the 
 
 directed by Licinius Priscus, who had limit of Rome, Ireland was not touched." 
 
 been, not long before, employed in the Arnold's Rom. Prov. Adm.,' p. 133. 
 
 expedition of Jewry, and was at that ^tu- ^ r t^ 1 ■ , ■ 
 
 . ^ cT.' ■ , XT , ,,. °'Hist of Engl, printed in 1602 and 
 
 time proprsetor of Britain.'' 2 Harl. Mis- ■ ^ j • tt 1 ».• , ^ .- 
 
 "^ "^ reprinted m 2 Harl. Miscel. p. 460 of 
 
 ce.p. 459. edi. 1809. He (it has been supposed) was 
 
 M P. 145 of Arnold's Rom. Prov. Adm. .,.■,■, r r, -, \ J 
 
 ,,,.,. , , . ,. third in descent from Caradock or Carac- 
 
 ^'Legifens mundum complexa triumphis . j • j ■,„• , „ ^^ 
 
 Foedere communi vivere cuncta facit- '^'=''= ^""^ '^"S"^'! ^' Winchester. 8 Dug- 
 
 Fecistipatriamdiversisgentibusunam— dale's Engl. & Wales, p. 1548, tit. Win- 
 
 Dum que offers victis proprii consortiajuris Chester. 
 Urljem fecisti quod prius orbis erat. 
 
Romans, before 449. 21 
 
 "In the year of our Lord's incarnation, 156, Marcus Antoninus 
 Verus, the fourteenth from Augustus, was made emperor, together 
 with his brother Aurelius Commodus. In their time, whilst Eleuthe- 
 rius, a holy man, presided over the Roman church, Lucius, king ot 
 the Britons, sent a letter to him entreating that by his command he 
 might be made a Christian. He soon obtained the object of his 
 request.^ 
 
 As to the year, there is some variation of language in Bede's chro- 
 nological summary.*' In the edition of the learned and reverend Dr. 
 Giles, there is among his notes one in the words below.*" Lucius is 
 said "to have founded an episcopal see, and have erected a cathedral 
 church" in Winchester."^ In a modern publication there is as lo 
 works at Dover on the Castle Hill, the following : 
 
 "Adjoining the lighthouse is a building, which for many ages was 
 used as a church, and which appears to have been erected either by 
 the Romans or with the materials of some other edifice constructed 
 by them. There is a tradition which ascribes its erection to the piety 
 of Lucius, a king of Britain, who is said to have been converted to 
 Christianity about the year 172. Though this may be doubted, it is 
 certain that at a very early period it was used as a church,""' 
 
 7. 0/ ySmilius Papinianus, born in Italy or in Syria, and spoken of 
 as the greatest lawyer of his time. He sat in England at York. 
 After the death there, in 211, of the Emperor Lucius Septimius 
 Severus, his son, Caracalla, caused his brother, Geta, to be assas- 
 sinated; and caused Papinian to be executed in 212. 
 iEmilius Papinianus, born in 140, in Italy or in Syria, applied him- 
 
 58"And the Britons preserved the faith in whose first year he says Eleulherius 
 
 whichthey had received, jincorrupted and was made bishop of Rome, which year 
 
 entire, in peace and tranquillity, until the Florent. places 162; Mat. West 185; a 
 time of the Emperor Diocletian." Eccl. ' manuscript of the Saxon chronicle of 
 
 Hist., ch. 4, pp. II, 12 of edi. 1840. Archbishop Laud's cxlvii., supposed by 
 
 *'"A. D. 167. In the year from the in- Bishop Gibson to be transposed to clxvii. ; 
 
 carnation of our Lord 167, Eleutherius, the latter part of this chapter i^ exactly 
 
 being made bishop at Rome, governed the same with the Saxon chronicle." Id. 
 
 the church most gloriously fifteen years. notes p. 349. 
 
 Lucius, king of Britain, writing to him, « Which was destroyed during the time 
 requested to be made a Christian, and of the Dioclesian persecution. 8 Dug- 
 succeeded in obtaining his request." Id., dale's Engl. & Wales, p. 1548, tit. Win- 
 ch. 24, p. 337. Chester. 
 
 *"' This message to Eleutherius is, by ^^ Penny Magazine for 1839, Dec. 7, 
 
 the author of the Saxon chronicle, placed (No. 493) p. 473- I' is stated that " the 
 
 in the time of Bassianus, son of Severus, Romans occupied a church on this spot 
 
22 Under Britons and 
 
 self to the study of Grecian and Roman literature, philosophy and 
 jurisprudence, and is spoken of as the greatest lawyer of his time. 
 By his learning and integrity he obtained great credit and influence, 
 and was honoured with the first offices of state. He wrote several 
 works and educated several distinguished lawyers. The writer of a 
 history of England, printed in 1602,°' speaking of the Emperor Sep- 
 timius Severus, and his expedition to Britain, says : 
 
 " His two sons, Bassianus (commonly called Caracalla) and Geta, he 
 took with him, as doubting their agreement in his absence. To 
 Geta, his younger son, he committed the government of the province 
 here for civil causes, wherein .<Emilius Paulus Papinianus, the famous 
 lawyer, who, as chief minister of justice under him, had his tribunal 
 seat at York, was appointed to assist and direct him."" 
 
 The emperor (Lucius Septimius Severus) died at York in 211, leav- 
 ing the two sons' just mentioned, of whom Antoninus Bassianus Cara- 
 calla was the eldest.*" It is stated that Severus, on his death-bed recom- 
 mended his two sons, Caracalla ind Geta, to Papinian's care; that 
 Papinian tried to preserve concord between them, but his remonstran- 
 ces were so disagreeable to Caracalla that he removed him from his 
 place ; that Caracalla, after causing his brother to be assassinated, hav- 
 ing asked Papinian to justify the deed, received for answer that it was 
 easier to commit fratricide than to justify it, and that it would be a 
 
 second murder to sully the memory of an innocent man; and that 
 
 » 
 
 when the pretorian guards, probably at the instigation of the tyrant, 
 demanded the head of Papinian, he gave him up to their fury, and 
 caused him to be executed, in the year 212.'"' 
 
 &. Of the decree as to the Roman franchise which was made in Eng- 
 land at York, not earlier than 210, nor later than 2i§. 
 
 More than two centuries have elapsed since John Selden wrote of 
 
 until they quitted the country in the year and at the age of 13 was appointed by 
 
 446 ; but whether that was the same his father his colleague in the govern- 
 
 building as the one still remaining," is ment. 
 
 not clear. Id. ^ Id. and " yoannes Seldeni ad Fle- 
 
 *' Reprinted in Harl. Miscel. vol. 2, p. tnm Dissertatio :" ch. 4, \ 3, p. 63 et seq. 
 
 411 to 476. of translation in 1771. See also Ency- 
 
 "/a?. pp. 463, 464 et seq. clop. Am. 
 
 6^ He was borii at Lyons, A. D. 188, 
 
Romans, before 449. 23 
 
 Papinian as "Prsefectus Praetorio, both to Severus and Antoninus 
 Caracalla, or Bassianus his successor"; and wrote of "the rescript 
 directed to one Ceecilia, concerning mancipia," given at York. Sel- 
 den views it as given by them, or one of them ; his doubt may be 
 said to be not as to about the period at which the decree was given, 
 but as to the particular year ; this he mentions under a scilicet, to- 
 "wit: "in the year of Christ 210."" 
 
 Recently, in writing of 'the Roman Franchise' and 'the decree 
 which granted it to all freemen, without distinction,' Mons. Cou- 
 langes has assumed that " no one can tell the date of this decree, or 
 the name of the prince who issued it." ^ He says : 
 
 "The honor is given, with some probability of truth, to Caracalla — 
 that is to say, to a prince who never had very elevated views ; and 
 this is attributed to him as simply a fiscal measure.^" We meet in 
 history with few more impoitant decrees than this. It abolishes the 
 distinction which had existed since the Roman conquest between the 
 dominant nation and the subject peoples ; it even caused to disappear 
 a much older distinction which reUgion and law had made between 
 •cities. Still the historians of that time took no note of it." — " If this 
 decree did not strike contemporaries, and was not remarked by those 
 who then wrote history, it was because the change of which it was 
 the legal expression had been accomplished long before. The ine- 
 quality between citizens and subjects had been lessened every gen- 
 eration, and had been gradually effaced. The decree might pass un- 
 perceived under the veil of a fiscal measure; it proclaimed and caused 
 to pass into the domain of law what was already an accomplished 
 fact. The title of citizen then began to fall into desuetude ; or if it 
 was still employed, it was to designate the condition of a free man 
 as opposed to that of a slave. From that time all that made a part 
 of the Roman empire, from Spain to the Euphrates, formed really 
 
 *'The edition of Fleta published in mano qui sunt,'exconstitutioneimpetato- 
 
 1647 contains after p. 452 yoannes ris Antonini, cives Romani effecti sunt.' 
 
 Seldeni ad Fletam Dissertatio, (p. 453 UIpian,in Digest i, tit. 5, 17. It is known 
 
 to 533). The reference above in the moreover from Spartianus, that Caracalla 
 
 text is to ch. 4, § 3 of that dissertation ; was called Antonmus in ofiScial acts." 
 
 pp. 65, 66 of Kelham's translation in The Ancient City, book 5, ch. 2, p. 517. 
 ^77'- ^^Dion Cassius says that "Caracalla 
 
 *Coulanges says, "All we know of it gave all the inhabitants of the empire 
 
 we glean from two vague passages of the the Roman franchise in order to make 
 
 jurisconsults and a short notice in Dion general the impost of tithes on enfran- 
 
 Cassius. 'Antoninus Pius jus Romana chisements and successions." Ancient 
 
 .civitatis omnibus subjectis donavit.' Jus- City, book 5, ch. 2, p. 517. 
 tinian, Novels 78, ch. 5. 'In orbe So- 
 
24 Under Britons and 
 
 one people and a single state." — "There was now but a single name, 
 a single country, a single government, a single code of laws." '° 
 
 The comprehensive expression in the last sentence may require 
 qualifications." In other respects it may be proper to compare the 
 view of Mons. Coulanges with views of others.'^ Mr. W. T. Arnbld 
 says: 
 
 "The edict by which Caracalla, in the year A. D. 215, bestowed the 
 Roman franchise upon all provincials must not be regarded as a meas- 
 ure peculiarly honorable to its author. Dio (Ixxvii, 9) distinctly informs 
 us that Caracalla's reasons were purely financial. Under the existing 
 system th^ land tax was paid by the provincials, and the legacy-duty 
 by the Roman citizens in Italy, who were exempt from the former 
 impost. By giving the Roman franchise to all the provincials, Cara- 
 calla made them pay the vicessima hereditatem as well, and over and 
 above, the tribute. Thus the provincials had to bear a double bur- 
 den, while Italy, though it paid the legacy duty, was still left exempt 
 from the heavier tax. Nor is it easy to say what definite privileges, 
 except perhaps in securing the right of appeal, the provincials ob- 
 tained by this concession." " 
 
 9. Of that eminent lawyer Ulpian, who, after being recalled from 
 exile, was massacred in 228. As to Ulpian and Paulus, ob- 
 servations upon language of fohn Selden ; of the English trans- 
 lator of Domat' s Civil Law; and of the author of Kenfs Com- 
 mentaries. It does not. appear that either Ulpian or Paulus ever 
 sat in Britain. Opinions of Ulpian, Paulus and others had 
 weight; but Papinian's was of greq,ter weight than any one. 
 
 In 222 that profligate Roman emperor, Heliogabalus, who had 
 exiled the eminent lawyer, Domitius Ulpianus, was killed by soldiers 
 whoni he had enrolled, and was succeeded by his more worthy cousin, 
 Alexander Severus; one of whose first acts was to recall Ulpian (his 
 tutor and friend) to Rome, and there place him at the head of the 
 
 ™Id. pp. 517, 518. quered provinces and colonies with a 
 
 "Such as are mentioned in the Intro- pride in the mother country, and by 
 
 diiction, \ 3, ante p. 3 et seq. uniting them by the strong bond of com- 
 
 '2 Mr. Patrick Macchombach (Colqu- ^on right and interest, and thus for 
 
 houn) says: "The constitution of Cara- '^ while .its dissolution was stayed." 
 
 calla, by extending the^ full rights of Discourse of 23 Nov. 1857, in i Jurid. 
 
 citizenship to the whole Romanized Soc. Papers, p. 56, edi. 1858. 
 
 world, revived and consolidated the de- "Arnold's Rom. Prov. Adm., ch. 4, 
 
 dining empire by animating the con- pp. 154, 155. 
 
Romans, before 449. 25 
 
 council of state. He was also made secretary of state, and ulti- 
 mately prsetorian prefect. His administration was virtuous and wise 
 until the dangerous task of reforming the army was undertaken. 
 John Selden thought it not improbable that Paulus and Ulpian formed 
 in Britain a part of the Caesarian assembly ; and expressed the " opin- 
 ion that during the prefecture of Papinian, who, it is evident, was 
 here, Ulpian and Paul were of the assessorial tribunal.'"* This 
 opinion of a man very learned, and generally very accurate„was enti- 
 tled to notice,'^ and was more than followed by the English translator 
 of Domat's Civil Law, when he affirmed not only that Papinian but 
 that " Paulus and Ulpian sat in the seat of judgment here in England, 
 and distributed justice to the inhabitants." '^ It seems to the author 
 of the present volume that Selden's opinion and Dr. Strahan's affirma- 
 tion are against the weight of evidence. In the seat of judgment in 
 England, Ulpian could not have sat during his exile, and does not 
 appear to have sat afterwards. Rome was the place of his official 
 duty after his recall; and there he was in 228, when discontent of 
 the soldiery broke out into a mutiny, and he (Ulpian), pursued by 
 a body of them, was massacred in the presence of the. emperor and 
 his mother." Of the three Roman lawyers named by Selden and 
 Dr. Strahan, it does not appear that any but Papinian was ever in 
 England. 
 
 But we may agree with Selden that " the power of the imperial 
 law " continued in Britain " for three hundred and sixty years, or there- 
 abouts; that is, from the reign of Claudius Caesar," "down to the 
 empire of Honorius Augustus, or to the time when Rome was taken 
 by Alaric, the Goth." 
 
 '*Ch. 4, § 3, p. 56 of Kelham's trans- which are inserted in some of the editions 
 
 lation in 1771 of 'yoannes Seldeni ad of the civil law. — Id. 
 
 Fktam Dissertatio. 78Ch. 4, \ 4, p. 69 of Kelham's trans- 
 
 '5 1 Kent's Com. 545. lation of 'Joannes Seldeni ad Fletam 
 
 ™ William Strahan, LL. D., advocate Dissertatio: The period is stated by 
 
 in Doctor's Commons, in preface to Lon- Selden in 1647 with more precision than 
 
 don edi. of Domat's Civil Law, pub- by Maule J. in 1853 in Matthew v. Os- 
 
 lished in 1722. borne, 13 Com. B. (4 J. Scott) 933, 76. 
 
 "Encyclo. Am. There are remaining Eng. C. L. 
 of Ulpian twenty-nine titles or fragments 
 
26 Under Britons and 
 
 We are indebted to Selden for an account of the books containing 
 the imperial law, used in Britain ; " also for his view as to the true 
 year of the publication of the Theodosian Code,™ and how the impe- 
 rial law was altered in that code; which ratified the writings of 
 Papinian, Paulus, Gaius, Ulpian and others.'^ He says : 
 
 '• When different opinions were produced, the majority of authors 
 prevailed; or if the number was equal, the authority of that party 
 had the preference which had the opinion of that excellent genius, 
 Papinian, in their favour, which, although of greater weight than that 
 of any single person, was yet overruled by the judgment of two."*^ 
 
 10. Decline and Fall of Rome. Fundamental defects made it impos- 
 sible for its rule to be permanent. After Rome was taken by the 
 Goths, what was Britain's condition as to Christianity, and in 
 other respects, until the island was invaded by the English. 
 
 "When the general corruption of the ancient manners rendered 
 each citizen desirous to proportion his style of living, his houses, his 
 equipage, his table, and his apparel rather to the appearance and 
 fortune of his neighbor than to his own means, — embarrassments, 
 or the fear of them, drove the Roman youth to the invention and 
 commission of the most detestable crimes. While they possessed 
 property, they exercised a vicious and curious ingenuity in squan- 
 dering it. Earth, air and sea were ransacked to supply their tables 
 with dainties, which their palled and vitiated appetites hindered them 
 from enjoying; every article of their apparel was the produce of some 
 different foreign land ; nothing was considered wholesome which was 
 the production of their own land ; and nothing was allowed to be ele- 
 gant unless its price was ruinously enormous or shamefully dispropor- 
 tioned to its real use or intrinsic value. When, by such a course, they 
 had utterly exhausted their means, the horror of returning, as a matter 
 of necessity, to that simple, frugal and healthy fare, which their fore- 
 fathers had accustomed themselves to (as a matter of choice) was far 
 greater than the principle of honesty or detestation of criminality; 
 and in order to obtain fresh means of idleness and luxury, they de- 
 graded themselves by the practice of the most scandalous, disgraceful 
 and degrading vices. All love of country, of freedom and of fame 
 
 ™His account of these books is in ch. ^^\&. \ 3, p. 79 to 82, 
 
 5, I I, p. 72 to 76 of Kelham's transla- «^\&. p. 81. Valentinian III. whose 
 
 tion of 'Joannes Seldeni ad Fletam Dis- reign was from 425 to 455, is said to have 
 
 sertatio.^ ' ordered " that whenever the opinions of 
 
 sold. \ 2, p. 76 to 79 The edict as to the judges were divided, Papinian's opin- 
 
 the authority of that code is ascribed by ion should be followed." Encyclo. Am. 
 
 Selden to the sixteenth consulship, or the Selden's view may be more accurate, 
 jear of Christ 438. 
 
Romans, before 449. 27 
 
 was lost in the general corruption ; and the foundation was thus laid 
 for the future ruin of that Rome upon which the world had gazed in 
 wonder and in awe." ^ 
 
 Moreover, there were "fundamental defects which made it impossi- 
 ble for the rule of Rome to be permanent." 
 
 "When the barbarians were thundering at the frontiers, and the 
 tax-gatherers demanding the means for an administration which ruled 
 but did not protect, the provinces were all the more wretched by the 
 contrast with the former brilliancy of their prosperity. Rome had 
 undertaken an impossible task, that of ruling an immense empire 
 without federation and without a representative system, where the 
 only sources of power were the supreme central government and the 
 army."** 
 
 Venerable Bede states that, "A. D. 430, Palladius was sent to be 
 the first bishop of the Scots, that believed in Christ, by Pope Celes- 
 tine."^ To St. Patrick, it is said, the "ecclesiastical name of Pa- 
 tricius was given," "by Pope Celestine, when he consecrated him a 
 bishop and sent him missioner into Ireland to convert the Irish, in 
 433."^ Mr. Green observes that "Christianity had been received" in 
 Ireland "with a burst of popular enthusiasm; and letters an'd arts 
 sprang up rapidly in its train. The science and biblical knowledge 
 which fled from the continent took refuge in its schools."'' 
 
 " Evils which sapped the strength of the whole empire, told at last 
 on the province of Britain. Wealth and population alike declined 
 under a crushing system of taxation, under restrictions which fettered 
 industry, under a despotism which crushed out all local independence. 
 And with decay within came danger from without." — " In Britain a 
 wall drawn from Newcastle to Carlisle bridled the British tribes, the 
 Picts, as they were called, who had been sheltered from Roman con- 
 quest by the fastnesses of the Highlands."*® — "It was to defend Italy 
 against the Goths that Rome, in the opening of the fifth century, 
 
 83 1 Pinnock's Guide to Knowledge, p. ^r Green's Short Hist., ch. i, § 3, p. 58; 
 
 280.- I Hist, of Engl. Peop., ch. 2, p. 48. 
 
 8« Arnold's Rom. Prov. Adm. pp. 149, ^ g^^^„,^ g^^^^^ pjj^,^ pp ^^_ ^^ ^^ j^ 
 
 '5°- Y. edi. 1876. The language of the text 
 
 85Eccl. Hist., book s, ch 24, Chronol. j^ f^^^ ^^^ q^^^^,^ ^^^^ ^^^^^^ ^^^^_ 
 
 Summ. p. 337. j^ijj_ ^f g^g, pgjjp^ yg, ,_ j.fj ,_ pp_ 
 
 86 Perennial Calendar, p. 123 of Lond. ^^^ 22 . f N. Y. edi. 1879. 
 edi. 1824; citing Jones's Hist, account, 
 Lond. 1794, p. 13. 
 
28 Under Britons and 
 
 withdrew her legions from Britain, and from that moment the prov- 
 ince was left to struggle unaided against the Picts." *' 
 
 There was not of Christianity sufficient to prevent invasions of 
 Britain, nor of local vigour enough to repel the invaders. 
 
 " Britain had been occupied by the Romans, but had not become 
 Roman ; their formative and cultivating power had affected the land 
 rather than the owners of it. Here too had been splendid cities, 
 Christian churches, noble public works and private mansions; but 
 whatever amount of real union may have existed between the two 
 populations ended when the legions were withdrawn. The Britons 
 forgot the Latin tongue; their clergy lost all sympathy with the 
 growth of religious thought; the arts of war had been disused and 
 the arts of peace never thoroughly learned. The old tribal divisions, 
 which had never been really extinguished by Roman rule, rose from 
 their hiding places ; and Britain was as fertile in tyrants after as it was 
 before the Roman conquest. But Roman rule had. disarmed and en- 
 ervated the people : constant foreign invasion found them constantly 
 unprepared, and without hope or energy for resistance. They could 
 not utilize the public works or defend the cities of their masters. So 
 Britain was easy to be conquered in proportion as it was Roman- 
 ized.""" — ^Roman civilization had perished slowly in the midst of a 
 perishing people, who were able neither to maintain it nor to substi- 
 tute for it anything of their own.""' 
 
 II. Especially as to influence of Roman law after 411 in England; 
 and in colonies and states wherein England's common law has 
 been the rule of decision. 
 
 "It could not" "otherwise fall out but that some remains of the 
 imperial laws, which through so constant a custom had prevailed" in 
 Britain, "for so many past ages, should, at least, in some measure,, 
 subsist in that new or lately settled government, which owed its rise 
 to the will of the people."''' 
 
 The rule of determination which had prevailed before continued to 
 prevail after 411, until altered, and except so far as altered, by suf- 
 ficient authority."' 
 
 "'Id. p. 22. riod before 411, says: At the close of this 
 
 '" I Stubbs's Const. Hist., ch. 4, p. 60. period it is not very probable that any 
 
 '^Id. ch. I, p. 3. other rule of determination should be of- 
 
 '^Ch. 4, \ I, p. 55, and \ 4, p. 70 of ten referred to, or be much regarded, be- 
 
 Kelham's translation of 'Joannes Seldeni sides the laws of Ronje." I Wood. Inst. 
 
 ad Fleiittn Dissertatio.'' The text is from Ixvi. p. 81, edi. 1834. His view is taken 
 
 the latter page. as correct, with the limitation above in 
 
 '^Dr Wooddesson, referring to the pe- the text. Any custom or law that may 
 
Romans, before 449. 29 
 
 The force of this view is not impaired by that part of ch. 17 of 
 'De Laudibus Legum Angliee' wherein, after the Hnes quoted there- 
 from on p. I, Sir John Fortescue says: 
 
 " During all that time wherein those several nations and their kings 
 prevailed, England has nevertheless been constantly governed by the 
 same customs, as it is at present, which if they were not above all ex- 
 ception good, no doubt but some or other of those kings, from a prin- 
 ciple of justice, in point of reason or moved by inclination, would 
 have made some alteration or quite abolished them, especially the 
 Romans, who governed all the rest of the world in a manner by their 
 own laws.'"* 
 
 To such language, although it may have been approved by Pop- 
 ham C. J.°° and by Lord Coke^ the plain answer is that "during all 
 that time ' England was not ' constantly governed by the same cus- 
 toms ' as in Fortescue's time ; but in her customs and laws, ' some al- 
 teration ' was made by some kings or conquerors, ' especially the Ro- 
 
 " The civil law remaining in Scotland is said to have been planted 
 there by the Romans who conquered a part thereof" — And England 
 "was likewise subject to the same law till" its "subversion."'* 
 
 The conquest of Britain by the Saxons "differed in several import- 
 ant respects from every other settlement of a Teutonic people within 
 the limits of the Roman empire." — Mr. Freeman says, " The lUws of 
 Rome perished utterly ; they exercised no influence upon our insular 
 jurisprudence until, in times after the Norman conquest, the civil law 
 was introduced as something utterly exotic. And. even then our in- 
 sular jurisprudence proved too strong for it ; the imperial legislation 
 never gained in England the same supremacy which it gained in most 
 parts of the continent, and even in the Scottish portion of our island." ^ 
 
 It ma)' be true (as was printed in 1649) that the Saxons "made so 
 
 be relied on is always subject to the en- laud leg. Angliee, p. 9 et seq ; Selden's 
 
 quiry, whether, and how fnr, it his been dissertation nd Fletavi (mentioned p. 16 
 
 altered or changed. Blackborough v. note) ch. 4, \ 2, p. 56 et seq of transla- 
 
 Davis, I P. Wms. 50. tion; I Spence's Eq. pp. 125, 126. 
 
 9*P. 52 of edi. 1873. sspamphlet printed in 1649 and re- 
 
 ^=Le Case del Union, Moore 797. printed in Harl. Miscel., vol. 6, p. 218 of 
 
 '^Preface to 2 Rep., p. v and p. vii; ' edi. 1810. 
 
 preface to 3 Rep., pp. xviii, xix, xxi, 99 1 Freeman's Norm. Conq., ch. 2, pp. 
 
 xxii; and preface to 6 Rep., p. iv. n^ 12. 
 
 8' John Selden's notes on Fortescue de 
 
30 Under Britons and 
 
 barbarous a conquest of the nation, and so razed out the foundation 
 of former laws, that there are less footsteps of the civil law in this, 
 than in France, Spain, or any other province under the Roman 
 power."™ It may be true, as supposed by Professor Stubbs in his 
 recent valuable work,"" that " England has inherited no portion of the 
 Roman legislation except in the form of scientific or professional axi- 
 oms, introduced at a late period, and through the ecclesiastical or 
 scholastic or international or university studies ;" and that " her com- 
 mon law is, to a far greater extent than is commonly recognized, based 
 on usages anterior to the influx of feudality, that is, on strictly 
 primitive custom;'' and that "what she has that is feudal may be 
 traced through its French stage of development to the common Ger- 
 manic sources. '""'^ Mr. Stubbs may be right in considering that "the 
 vestiges of Romano-British law which have filtered through local 
 custom into the common law of England, as distinct from those 
 which were imported in the middle ages through the scientific study 
 of law or the insensible infection of cosmopolitan civilization, are in- 
 finitessimal.""^ And yet there maybe truth in Ld. Bacon's obser- 
 vation "that our laws are as mixed as our language; and as our lan- 
 guage is so much the richer on that account, so are the laws more 
 complete;"^"* and truth also in some, if not in all, of the words of 
 HolU C. J., in 13 Will., 3: 
 
 " Inasmuch as the laws of all nations are doubdess raised out of 
 the ruins of the civil law, as all governments are sprung out of the 
 ruins of the Roman empire, it must be owned that the principles of 
 our law are borrowed from the civil law (and therefore grounded 
 upon the same reason) in many things. And all this may be, though 
 the common law be time out of mind." ™ 
 
 ™6 Harl. Miscel., p. 218 of edi. 1810. w^Id. vol. I, ch. I, p. 10. 
 
 In 1649 it is observed that "by trans imTj , 00 
 
 ■ > , , ■ , , . ™Id. ch. 4, § 28, p. 62. 
 planting themselves they changed their 
 
 soil, not their manners and government." "'*Quoted in notes of Andrew Amos 
 
 Id. vol. 9, p. 345. on Fort, de Laud. Angl. p. 55 of Cincin- 
 
 101 ii xhe Constitutional History of Eng- nati edi. 1874. As to the mixed sources 
 
 land in its origin and development. By of our laws, see 6 Harl. Miscel, p. 218 of 
 
 William Stubbs, Regius Professor 6f edi. 1810. 
 
 Modern History." Oxford, vol. I, 1874; 1"= Za«« v. CoWob, 1 2 Mod. 482. 
 
 vol. 2, 1875; vol. 3, 1878. 
 
Romans, before 449. 31 
 
 In this way (since 411), in England, and in colonies and states 
 wherein the common law of England has been a rule of decision, 
 Rome has reigned " by her reason, after having ceased to reign by her 
 authority." '"* Her law has been — and should be — studied.^" Princi- 
 ples echoed from the civil law, often have been — ^and may continue to 
 be — relied upon in actions, though such actions be termed actions at 
 common law.^"^ All this may be consistent with the observation that 
 " the value of the civil law is not to be found in questions which relate 
 to the connexion between the government and the people or in pro- 
 visions for personal security in criminal cases ; " that " in everything 
 which concerns civil and political liberty, it cannot be compared with 
 the free spirit of the English and American common law."™ 
 
 106 Words of D'Aguesseau; cited in l Com. 738;. Pillans dr'c. v. Mierop ^c, 
 
 Kent's Com. 516. 3 Burr. 1670; pp. v and vi of preface to 
 
 ""l Kent's Com. II; Id. 515 to 548; Browne's Civil Law; I Kent's Com. 11 
 
 Science of Law, by Sheldon Amos, pp. and 547 ; Nugent v. Smith, L. R. , i C. 
 
 9, 10 of N. Y. edi. 1875. P. D. 23, 428. 
 
 108 13 Geo. 2, Harvey &= wife v. Aston, "' I Kent's Com. 547. 
 
32 Under Saxons and 
 
 CHAPTER IL 
 
 INSTITUTIONS OF BRITAIN FROM ITS INVASION BY 
 THE ENGLISH (449) UNTIL KING EGBERT'S DEATH 
 
 (838). 
 
 I. From what tribes the English people sprung. In 449 begins their 
 history in what had been Britain. Of their progress tmtil about 
 ^20 ; and the opposition of the British king, Arthur ; his death and 
 interment at Glastonbury ; when a7id how his remains were found 
 there. Of the historian Gildas, surnamed the wise ; and of a later 
 Gildai mentioned as the fourth. 
 
 " The one country which we know to have borne the name of An- 
 geln or England, lay within the district which is now called Sleswick, 
 a district in the heart of the peninsula that parts the Baltic from the 
 Northern seas." — "The dwellers in this district," "seem to have been 
 merely an outlying fragment of what was called the Engle or English 
 folk, the bulk of whom lay probably in what is now Lower Hanover 
 and Oldenberg. On one side of them the Saxons of Westphalia held 
 the land from the Weser to the Rhine; on the other the Eastphalian 
 Saxons stretched away to the Elb. North again of the fragment of 
 the English folk in Sleswick lay another kindred tribe, the Jutes, 
 whose name is still preserved in their district of Jutland. Engle, 
 Saxon and Jute all belonged to the same Low^ German (branch of the 
 Teutonic family; and at the moment when history discovers them 
 they were being drawn together by the ties of a common blood, com- 
 mon speech, common social and political institutions." — "Each of- 
 them was destined to share in the conquest of the land in which " 
 the English people "live; and it is from the union of all of them 
 when its conquest was complete that" this "people has sprung."' 
 
 While marauders frorp Ireland, whose inhabitants then bore the 
 name of Scots, harried the west of Britain, " the boats of Saxon pi- 
 rates" "were swarming off its eastern and southern coasts. For 
 
 'Bede's Eccl. Hist., book I, ch. 14, 15, \ i, pp. 89, 41, 42 of N. Y. edi. 1876; 
 
 p. 25 to 29 of edi. 1840; I Freem. Norm. I Green's Hist, of Eng. Peop., ch. i, pp. 
 
 Conq., Appendix note A, p. 337 to 366 7, 8 of N. Y. edi. 1879. 
 of edi. 1873; Green's Short Hist., ch. 1, 
 
Danes, 449 to 838. 33 
 
 -forty years Britain held out bravely against these assailants ; but civil 
 strife broke its powers of resistance, and its rulers fell back at last 
 on the fatal policy by which the empire invited its ' doom, while 
 striving to avert it, — the policy of matching barbarian against barba- 
 rian. By the usual promises of land and pay a band of warriors was 
 drawn for this purpose from Jutland in 449, with two ealdormen 
 Henghist and Horsa at their head." Now begins "the history of 
 Englishmen in the land which from that time they made their own." 
 "They landed on the shores of the Isle of Thanet, at a spot known 
 since as Ebbsfleet." " The work for which the mercenaries had been 
 hired was quickly done." " But danger from the Pict was hardly over 
 when danger came from the Jutes themselves." "The inlet between 
 Thanet and the mainland was crossed, and the Englishmen won their 
 first victory over the Britons in forcing their passage of the Medway 
 at the village of Aylesford.^ A second defeat at the passage of the 
 Cray' drove the British forces in terror upon London ; but the ground 
 was soon won back again, and it was not till 465 that a series of petty 
 conflicts which had gone on along the shores of Thanet made way 
 for a decisive struggle at Wippedsfleet. Here, however, the overthrow 
 was so terrible that from this moment all hope of saving Northern 
 Kent seems to have been abandoned, and it was only on its southern 
 shore that the Britons held their ground. Ten years later, in 475, the 
 long contest was over, and with the fall of Lymne," "the work of the 
 first English conqueror was done." " In 477 Saxon invaders were 
 seen pushing slowly along the strip of land which lay westward of 
 Kent between the Weald and the sea." The " coast was guarded by 
 a fortress which occupied the spot now called Pevensey* (the future 
 landing place of the Norman Conqueror) ; and the fall of this fortress 
 of Anderida in 491 established the kingdom of the South-Saxons." 
 "A fresh band of Saxons, a tribe known as the Gewissas," "landed 
 under Cerdic and Cymric on the shores of the Southampton water, 
 and pushed in 495 to the great downs or Gwent, where Winchester 
 offered so rich a prize." "It was not till 519 that a decisive victory 
 at Charford ended the struggle for the ' Gwent ' and set the crown of 
 the West-Saxons on the head of Cerdic." Defeat of the invaders 
 about a year afterwards at Badbury or Mount Badon " was followed 
 by a long pause in the Saxon advance from the Southern coast."* 
 
 'In Kent county and distant from *In Sussex county. Pevensey is 15 
 
 Maidstone 4, Rochester 5, and London miles from Lewes and 64 miles from 
 
 32 miles. About one mile north of London. 
 Aylesford is the monument now called 
 
 Kitt's Cotty House, the close, as it seems, sgede's Eccl. Hist., ch. 14, 15, p. 25 
 
 of a great sepulchral avenue. I Dug- to 29 and notes on p. 352 of edi. 1840; 
 
 dale's Engl, and Wales, pp. 68, 69; i Stubbs's Const. Hist., ch. 4, p. 60; 
 
 Green's Short Hist. ch. i, g 2, p. 46. Green's Short Hist., ch. i, | i, p. 44, 
 
 'In Kent county is Crayford, distant ^ 2, pp. 46, 47, 48; 1 Green's Hist, of 
 
 from Dartford 2, Gravesend 9, and Lon- Eng. Peop., ch. i, p. 22 to 25. 
 don 13 miles. 
 
34 Under Saxons and 
 
 In those times is mention of Arthur as " the mighty warrior, gen- 
 eral of the armies, and chief of the kings of Britain;" as the com- 
 mander who was "in twelve battles and gained twelve victories;" the 
 twelfth being " a hard fought batde with the Saxons on Mount Ba- 
 don."* That King Arthur lived in what has been called an "age of 
 chivalry," is quite consistent with the fact that accounts of his adven- 
 tures, however interesting, are blended with fable ; ' there is sufficient 
 reason for not believing all that is said of him and his knights.^ But 
 it may not be right to conclude that he did nothing. "Certain it 
 is that the siege of Badon was raised by the Britons in the year 
 520, and the Saxons were then discomfited in a great batde."' Mr. 
 Turner says : 
 
 " The battle of Badon Hills, or near Bath, has been celebrated as 
 Arthur's greatest and most useful achievement; a long interval of 
 repose to the Britons hasi been announced as its consequence."" 
 "That he was a courageous warrior is unquestionable; but that he 
 was the miraculous Mars of the British history, from whom kings and 
 nations sunk in panic, is completely disproved." " 
 
 Hi^ last conflict was with his nephew, Medrawd (or Modred),. 
 in 542. 
 
 " The conflict took place at Camlan, where both Arthur and Me- 
 drawd fell ; Arthur, mortally wounded, was carried out of the field. 
 From the coast of Cornwall he was conveyed into Somersetshire. 
 Sailing along the shore they reached the Uzella, which they ascended, 
 and the king was committed to the care of his friends in Glaston- 
 bury."" 
 
 * Henry of Huntingdon, book 2, pp. ^i Collyer's Engl., ch. 3, p. 26; I 
 
 48, 49 of edi. 1853. Hume's Engl., ch. i, p. 19 of N. Y. edi. 
 
 'l Biogr. Britan. tit. Arthur, p. 263 to 1850. 
 
 ^^' "Turner's Anglo-Saxons, book 3, ch. 
 
 8 Mr. Addison says, "The renowned 3^ p. 2^3 of vol. I, edi. 1852; I Green's 
 King Arthur is generally looked upon as Hist, of Eng. Peop., ch. i, p. 26. 
 the first who ever sat down to a whole u Turner's Anglo Saxons, book 3, ch. 
 roasted ox, which was certainly the best , p. 2 So of vol. I edi 18152 
 way to preserve the gravy; and it is fur- ' 12 ij. pp. 25 r, 252. The town of Glas- 
 ther added that he and his knights sat tonbury in Somerset county is mentioned 
 about it at his round table and usually by Thomas Dugdale as " situated in the 
 consumed it to the very bones before jsig of Avalon, so called from its apples, 
 they would enter upon any debate of or from Avallac, a British chief." 4 Dug- 
 moment." Tatler (No. 148) March 21, dale's Engl, and Wales, p. 834. 
 1709-10. 
 
Danes, 449 to 838. 35 
 
 About this celebrated man there seems to have been, in some 
 respects, less certainty in the time of Henry the first than in that 
 of Henry the second. In a year of Henry the first may be read 
 this, passage: 
 
 " This year, in a province of Wales, called Ross, the sepulchre of 
 Wawyn, otherwise called Gawen, was found upon the seashore. He 
 was sister's son to Arthur the Great, king of the Britons; a man 
 famous in our British histories, both for civil courtesy, and for cour- 
 age in the field. / cannot but esteem the report for fabulous, that his 
 body was fourteen feet in length. I do rather conjecture that one 
 credulous writer did take that for the length of his body which haply 
 might be the length of his tomb." ^' 
 
 Or if might be the distance of his body below the surface of the 
 earth. As to the search for it in 11 89, ther^ are interesting accounts ; " 
 the best of which is supposed to be that of Giraldus Cambrensis, who 
 saw both the bones and the inscription. The substance of his ac- 
 count is stated By Mr. Turner to be this : 
 
 " Henry the Second who twice visited Wales had heard from an 
 ancient British bard that Arthur was interred at Glastonbury, and that 
 some pyramids marked the place. The king communicated this to 
 the abbot and monks of the monastery, with the additional information 
 that the body had been buried very deep to keep it from the Saxons ; 
 and that it would be found not in a stone tomb, but in a hollowed oak. 
 There were two pyramids or pillars at that time standing in the ceme- 
 tery of the Abbey. They dug between these till they came to a 
 leaden cross lying under a stone, which had this inscription, and 
 which Giraldus says he saw and handled. 'Hicjacet sepultus, inclytus 
 Rex Arthurus in insula Avolonia.' Below this, at the depth of six- 
 teen feet from the surface, a coffin of hollowed oak was found con- 
 taining bones of an unusual size. The leg bone was three fingers 
 (probably in their breadth) longer than that of the tallest man then 
 present. This man was pointed out to Giraldus. The skull was 
 large and shewed the marks of ten wounds. Nine of these had con- 
 creted into the bony mass, but one had a cleft in it, and the opening 
 still remained; apparently the mortal blow.'"* The 'bones were re- 
 moved into the great church at Glastonbury, and deposited in a mag- 
 
 1^3 Harl. Miscel., p. i68 of edi. 1809. of Arthur's wives were found there with 
 
 '* I Biogr. Britan. tit. Arthur, p. 263 his, but distinct, at the lower end . Her 
 
 to 269. yellow hair lay apparently perfect in sub- 
 
 •^Turner's Anglo-Saxons, book 3, ch. 3, stance and colour, but on a monk's 
 
 pp. 252, 253 of vol. I. "Giraldus says, eagerly grasping and raising it up, it fell 
 
 in another place that the bones of one to dust." Id. p. 254. 
 
36 Under Saxons and 
 
 nificent shrine, which was afterwards placed in obedience to the order 
 of Edward I, before the high altar." " 
 
 The historian Gildas, surnamed the wise, was born in the city of 
 Bath, and is called Badonicus, He has also been "styled Querulus, 
 because the little we have of his writing is only ' a complaint.' " 
 
 A quaint English writer expresses " wonder that so learned a critic 
 as Dr. Jerrard Vossius should attribute the comedy of 'Aulularia,' 
 in Plautus, to this our Gildas, merely because that comedy is other- 
 wise commonl)' called ' Querulus ' ; whereas indeed their language is 
 different; that in 'Aulularia' tolerably pure (though perchance coarser 
 than the rest in Plautus) ; whilst the style of Gildas is hardly with 
 sense to be climbed over, it is so harsh and barbarous. Besides," (he 
 says,) " I do not believe that Gildas had a drop of comical blood in 
 his veins, or any inclination to mirth and festivity; and if he had 
 prepared anything scenical to be acted on the theatre, certainly it 
 would have been a tragedy relating to the ruin and destruction of his 
 nation. Some variety there is about the date of his death which 
 most probably is assigned anno 570."" 
 
 An Englishman of recent times, says : 
 
 " Gildas's work gives a superficial sketch of British history under 
 the Romans, and during the wars between the Britons and the Picts 
 and Scots, and the Saxon invasions, and also an account of the vices 
 of the kings, clergy and laity of the time. This work is supposed to 
 have been written about A. D. 581."" 
 
 Gildas the fourth is mentioned as a Welsh-Scotch-Irishman.^" Ful- 
 ler says : 
 
 " Many the books imputed to him, of the wonders and first inhab- 
 itants of Britain, of King Arthur and his unknown sepulchre. So 
 that now we can teach Gildas what he knew not, namely, that King 
 Arthur was certainly buried at Glastonbury." ^ 
 
 18 He visited Glastonbury with his "Wales sharing in him two parts of 
 queen in 1276, and had the shrine of the three, viz: his birth and death, the 
 Arthur opened to contemplate his re- largest part of his life belonging to Ire- 
 mains. They were both so interested by land, where he studied. He flourished 
 the sight that the king folded the bones A. D. 860. 3 Fuller's Worthies, p. 498. 
 
 of Arthur in a rich shroud, and the ,„tj o tt • 
 
 ^, , , . .^ , , , td. p. 498. Having mentioned four 
 
 queen those of his wife, and replaced r ..v r ^-i , , , - 
 
 ■ 11 • v • °' '"^ name of Gildas, the second of 
 
 them reverentially in their tomb." Id. 
 
 whom is surnamed Sapiens as before men- 
 
 ^■"3^'Fuller's Worthies, p. loi of edi. ''°"^'^' ^""^"^ =^y=' ^= " '= ""rth all the 
 
 1840. i^est (were there 400 of them); whom I 
 
 '* Dr. Giles. See AlUbone's Diet. tit. behold as a sun indeed, shining with the 
 
 Gildas. lustre of his own desert, whilst two of 
 
Danes, 449 to 838. 37 
 
 2. Of the Pandects and Institutes in yjj, the Codex Repetitiz Prelec- 
 tionis, injj4, and the NovellcB in 363; which .constitute the Cor- 
 pus Juris Civilis. 
 
 In the reign of the emperor Justinian, and by his direction, Trebo- 
 nian, distinguished for his great learning in jurisprudence, had, with 
 the assistance of sixteen persons, eminent either as magistrates or 
 professors of law, extracted from the works of forty civilians, a sys- 
 tem of law, and digested it into fifty books, which constitute the great 
 work known as the Digest, or Pandects. With it, an elementary 
 treatise, comprising in four books the general principles of the system 
 of jurisprudence contained in it, and called The Institutes, was pro- 
 mulgated by the emperor's direction (Dec. 30, 533). He addressed 
 them, as imperial laws, to his tribunals of justice and to all the acade- 
 mies where the science of jurisprudence was taught; they were to 
 supersede all other law, and to be the only legitimate system of juris- 
 prudence throughout the Roman empire. The Codex Repetitce Prce- 
 lectionis was published in the following year. The edicts thereafter 
 promulgated were collected into one volume, in the last year of the 
 same reign (565), and published under the name of Novellce. The 
 Pandects, the Institutes, the Codex Repetitse Praelectionis and the 
 Novels constitute the Corpus Juris Civilis^^ 
 
 J. Slowness of English conquest. Within what time Britain became 
 a land of Englishmen — a Teutonic society on the wreck of 
 Rome. 
 
 Though seventy years had passed since the victory of Aylesford, 
 only the outskirts of Britain were won ; the invaders were masters as 
 yet but of Kent, Sussex, Hampshire and Essex." — They " had been 
 drawn from two only of the three tribes," mentioned in § i p. 32 
 "from the Saxons and the Jutes. But the main work of conquest 
 was to be done by the third — by the tribe which bore that name of 
 Engle, or Englishmen, which was to absorb that of Saxon or Jute, 
 and to stamp itself on the people which sprang from the union of the 
 conquerors as on the land that they won." — "The line of defences 
 which had hitherto held the invaders at bay, was turned by their ap- 
 pearance on the Humber and the Trent." — " One part of the English 
 
 the others are but so many meteors Seldeni ad Fletam Dissertatio" ch. 5, 
 
 about him." Id. I 4> 5. 6, and ch. 6, J i, p. 83 to 118 of 
 
 ^' Horse Juridicse Subsecivs, v. 8, pp. translation published in 1771. 
 57, 58 of Phila. edi. 1808; "Joannes 
 
38 Under Saxons and 
 
 force marched from the Humber over the Yorkshire wolds to found 
 what was called the kingdom of the Deirans." — " Seizing the valley 
 of the Don and whatever breaks there were in the woodland that 
 then filled the space between the Humber and the Trent, the Engle 
 followed the curve of the latter river and struck along the line of its 
 tributary, the Soar. Here, round the Roman Ratae, the predecessor 
 of our Leicester, settled a tribe known as the Middle English, while 
 a small body pushed further southwards, and under the name of 
 'South Engle' occupied the oolitic upland that forms our present 
 Northamptonshire. But the mass of the invaders seem to have held 
 to the line of the Trent, and to have pushed westward to its head- 
 waters. Repton, Lichfield and Tamworth mark the country of these 
 western Englismen, whose older name was lost in that of Mercians, 
 or men of the march." 
 
 " While Jute and Saxon and Engle were making themselves mas- 
 ters of Central and Southern Britain, the English who had landed on 
 its northernmost shores had been slowly winning for themselves the 
 coast district between the Firth and the Tyne which bore the name 
 of Bernicia. Their progress seems to have been small till they were 
 gathered into a kingdom in 547 by Ida, the 'Flame-bearer,' who 
 founded a site for his king's town on the impregnable rock of Barn- 
 borough; nor was it till the reign of his fourth son, .^Ethelric, that 
 they gained full mastery over the Britons along their western border." 
 
 "In 552," the capture by the West-Saxons, "of the hill-fort of Old- 
 Sarum threw open the reaches of the Wiltshire downs, and a march 
 of King Cuthwulf on the Thames made them masters, in 571, of the 
 districts which now form Oxfordshire and Berkshire. Pushing along 
 the upper valley of Avon to a new batde at Barbury Hill, they 
 swooped at last from their uplands on the ricfi prey that lay along 
 the Severn. Gloucester, Cirencester and Bath, cities which had 
 leagued under their British kings to resist this onset, became, in 577, 
 the spoil of an English victory at Deorham, and the line of the great 
 western river lay open to the arms of the conquerors. Once the 
 West-Saxons penetrated to the borders of Chester ; and Uriconium, 
 a town beside the Wrekin, which has been recently brought again to 
 light, went up in flames."— "With the victory of Deorham the con- 
 quest of the bulk of Britain was complete."—" Britain had in the main 
 become England, and within this new England a Teutonic society was 
 settled on the wreck of Rome."—" For the most part the Britons 
 were not slaughtered; they were defeated and drew back." — "How 
 slow the work of English conquest was may be seen from the fact 
 that it took nearly thirty years to win Kent alone, and sixty to com- 
 plete the conquest of Southern Britain ; and that the conquest of the 
 bulk of the island was only wrought out after two centuries of bitter 
 warfare. But," " of all the German conquests this proved the most 
 thorough and complete. So far as the English sword in these earlier 
 days had reached, Britain had become England, a land, that is, not of 
 Britons but of Englishmen." ^'' 
 
 22 Green's Short Hist., ch. I, § i, 2, Peop., ch. I, p. 25 et seq., ch. 2, p. 28 to 
 pp. 51, 52, 53; I Green's Hist, of Engl. 31 and p. 37. 
 
Danes, 449 to 83$. 39 
 
 .4. Of the Christian Church in Western Europe ; St. Columba and 
 the monastery of IcolmkilL England's condition in the times of 
 St. Columba and Ethelbert. Of the missionaries from Italy to 
 England in ^g6. Whatever their influence upon laws and litera- 
 ture, they did not abolish previous notions of equity. Ethelbert's 
 Code' is the most ancient specimen that remains of English legis- 
 lation. Of the spot on which St. Paul's is built. 
 
 " Before the landing of the English in Britain, the Christian church 
 ■stretched in an unbroken line across Western Europe to the farthest 
 coast of Ireland. The conquest of Britain by the pagan English 
 thrust a wedge of heathendom into the heart of this great commu- 
 nion and broke it into two unequal parts. On one side lay Italy, 
 Spain and Gaul, whose churches owned obedience to and remained 
 in direct contact with the See of Rome ; on the other, practically cut 
 off from the general body of Christendom, ' lay the church of Ire- 
 land."^ 
 
 Consistent with what appears in Bede's Chronological Summary" 
 are statements by others. 
 
 "Columba (St.) the founder of the monastery of Icolmkill, was a 
 native of Ireland ; from which country he went to Scotland about 565. 
 Here he received from the reigning king Bridius, the isle of Hy, 
 where he established his famous seminary; and acquired an uncom- 
 mon influence. He died in 597.'"® 
 
 In St. Columba's time, England was, as to Christianity, in a very 
 different condition from Ireland and Scodand. "Alone among the 
 German assailants of Rome, the English stood aloof from the faith 
 of the empire they helped to overthrow." ^ But strife between the 
 •conquering tribes brought about momentous changes. 
 
 " Once masters of the Britons, the Bernician EngUshmen turned to 
 conquer their English neighbours to the south, the men of Deira, 
 whose first king, JEUa, was now sinking to the grave. The struggle 
 filled the foreign markets with English slaves, and one of the most 
 
 "^ I Green's Hist, of Eng. Peop., ch. 2, Encyclop. Amer., p. 345 of Phila. edi. 
 
 p. 48 of N. Y. edi. 1879. 1830; 6 Id. pp. 580, 531 tit. Icolmkill. 
 
 ""A. D. 565, the priest Columba came Of Dr. Johnson's visit to this island in 
 
 out of Scotland into Britain, to instruct October, 1773, there is an account in S 
 
 the Picts, and built a monastery in the Boswell's Johnson, ch. 3, p. 72, et seq., 
 
 isle of Hii." Bede's Eccl. Hist., book of edi. 1835. 
 
 3, ch. 24, p. 337 of edi. 1840. ^ Green's Hist, of Engl. Peopl., ch. 2, 
 
 25Watkins' Biogr. Diet., edi. 1822; 3 p. 32. 
 
40 Under Saxons and 
 
 memorable stories in our history sliews us a group of such captives 
 in the market place of Rome." " 
 
 In the fourteenth year of Mauritius Tiberius (A. D. 596), and while 
 Ethelbert was reigning in Kent, Pope Gregory I sent to the English 
 nation, Augustine, with several other monks j"® and they resided in. 
 Canterbury, the metropolis of Ethelbert's dominions.'^ Gregory sent 
 to Augustine answers to several questions,'" and to Ethelbert, in 601, 
 a letter with presents.^' 
 
 Ethelbert's wife was Bereta, a daughter of the Prankish king, Cha- 
 ribert, of Paris; and, hke her Prankish kindred, was a Christian. 
 The consequences were important. 
 
 "Canterbury, the earliest royal city of German England, became 
 a centre of Latin influence. The Roman tongue became again one of 
 the tongues of Britain, the language of its worship, its correspond- 
 ence, its literature." — "The civilization, art, letters, which had fled 
 before the sword of the English conquerers, returned with the Chris- 
 tian faith." — " It is impossible not to recognize the result of the influ- 
 ence of the Roman missionaries in the fact that codes of the customary 
 English law began to be put in writing soon after their arrival." '' 
 
 As may be seen in § 2, p. 37, Roman laws had now reached an 
 important stage. Bede states that " among other benefits which Eth- 
 elbert conferred upon the nation, he also, by the advice of wise 
 
 ^' Few traditions of English history near the city a monastery. Id. ch. 33^ 
 
 are more familiar or more touching than p. 70. 
 
 the one which portrays Gregory's meet- ^^ To the second question, " Why are 
 
 ing with the fair haired Angles in the there different customs in different 
 
 market place of Rome, and his celebrated churches," the answer concludes thus: 
 
 " Nbn Angli sed Angelic 1 Hume's " For things are not to be loved for the 
 
 Eng., ch. I, p. 25 of N. Y. edi. 1850, sake of places, but places for the sake of 
 
 I Green's Hist, of Engl. Peop., book I, good things. Choose, therefore, from 
 
 ch. 2, pp. 37, 38 of edi. 1879. every church those things that are pious, 
 
 28 Bede's' Eccl. Hist., book i, ch. 23, religious and upright, s.-a&. having, as it 
 
 p. 39 to 41, and book 5, ch. 24, p. 337 of were, made them up in one mass, let the 
 
 edition 1840. minds of the English be accustomed 
 
 '^Id. p. 41, Augustine was ordained thereto." Bede, p. 47. 
 
 Archbishop of the Enghsh nation by *' Id. ch. 32, p. 67 to 69. 
 
 Etherius, Archbishop of Aries (Id. p. 45), 32 Turner's Engl., book 2, ch. 2, p. 210 
 
 and having his episcopal see granted of vol. IV, edi. 1825; Green's Short 
 
 him in the royal city, consecrated therein Hist., ch. i, ? 3, p. 55 ; i Green's Hist, 
 
 a church (said to have been built by the of Engl. Peop., ch. 2, p. 40 to 42. 
 ancient Roman Christians) and erected 
 
Danes, 449 to 838. 41 
 
 persons, introduced among them the Roman laws." But Bede is 
 thought to have used the words ' Roman laws ' in a narrow sense.'* 
 Xhe laws of Ethelbert are the most ancient specimens of the Anglo 
 Saxon legislation which remain.*^ Dr. Lingard is speaking of the 
 Code of Laws which Ethelbert published when he says : 
 
 " For this improvement he was indebted to the suggestions of the 
 missionaries, who, though they had been accustomed to the forms 
 and decisions of Roman jurisprudence, did not, in legislating for the 
 Saxons, attempt to abolish the national notions of equity, but wisely 
 retained the principle of pecuniary compensation, a principle univers- 
 ally prevalent in the northern nations."'^ 
 
 The spot on which St. Paul's is built had been used by the Romans 
 'for a cemetery, or burial place.' 
 
 " On the erection of the present building many Roman funeral vases, 
 lacrymatories, and other articles used in sepulture, were found at a con- 
 siderable depth under the surface. Next to these lay in rows, skeletons 
 of the ancient Britons ; and immediately above them, Saxons in stone 
 coffins, or in graves lined with chalk, together with pins of ivory 
 and box -wood, "which had fastened their grave clothes. The earliest 
 building which is actually recorded to have stood on this site, was a 
 Christian church, built about 610, by Ethelbert, king of Kent."" 
 
 5. After 60J Britain, as a single political body, ceased to exists 
 Change in the attitude of English kings towards each other. 
 Struggle for supremacy. Genius for government shewn by Bad- 
 wine, king of Northumbria ; he was slain in 6jj. 
 
 After the battle, in or about 603, at Dcegsa's Stan, perhaps Daw- 
 ston, in Liddesdale, and that at Chester, in 607, Britain, as a single 
 political body, ceased to exist. 
 
 "The warfare of Briton and Englishman died down into a war- 
 fare of separate English kingdoms against separate British kingdoms, 
 
 33Eccl. Hist., book 2, ch. 5, p. 89. 36i;ingard>s Engl., vol. i, ch. 2, p. 79 
 
 of Boston edi. 1853. 
 
 ^There being next after the words ^^^^^^ Magazine for 1832 (May 12), 
 
 " Roman laws " the following : " which ^ ^^^ j,. ^^^ dedicated to St. Paul, and 
 
 being written in the English tongue are ^^^ ^^^^^^^^^ f^^ improvements to St. 
 
 still kept and observed by them." /6i^. Eckenwall, the bishop of the diocese, 
 
 s^Wilk. Leg. Sax., p. 1-7; cited in who died in 681. It is related that it 
 
 Turner's Hist, of Anglo-Saxons, book was accidentally burned down in 96 1 > 
 
 8, ch. 3, p. 148 of vol. Ill, edi. 1852. and rebuilt the same year. liiit. 
 
42 
 
 Under Saxons and 
 
 of Northumbria against Cumbria and Strathclyde, of Mercia against 
 modern Wales, of Wessex against the tract of British country from 
 Mendip to the Land's End.'""^ 
 
 If might now be seen an important change in the attitude of the 
 English kings towards each other/' and the beginning of a struggle 
 for supremacy,*" that struggle was for a time affected by the deaths, 
 in 613," of Ethelbert, king of Kent, and in 617, of ^thelfrith, king 
 of Northumbria.*'' That king was succeeded by Eadwine, under 
 whom the greatness of Northumbria reached its height. 
 
 "Within his own dominions Eadwine displayed a genius for civil 
 government which shews how utterly the mere age of conquest had 
 passed away. With him began the English proverb so often applied 
 to after kings : ' A woman with her babe might walk scatheless from 
 sea to sea in Eadwine's day.' " *' 
 
 Penda, king of Mercia, allied himself with the Welsh king Cad- 
 wallon, for an attack on Eadwine. The armies met in 633 at Hat- 
 field" (or Haethfield), and in the fight which followed, , Eadwine was 
 ■defeated and slain.*' 
 
 asGreen's Short Hist., ch. I, ? 2, 3, 
 PP' 52, 53; I Green's Hist, of Eng. 
 Peop., ch. 2, pp. 42, 43. 
 
 ''Early historians speak of seven or 
 eight independent Icingdoms being es- 
 tablished by the conquerors on the island 
 and called a Heptarchy or Octarchy; 
 and of there being frequently one who 
 was designated by the title of Bretwalda, 
 •the walda or ruler of the Saxons against 
 the Britons. Hall. Mid. Ages, ch. 8, 
 part I, p. 2, of vol. II, Phil. edi. 1824; 
 I Lingard's Engl., ch. ii, pp. 73, 74; 
 Turner's Anglo-Saxons, book 3, ch. 8, 
 p. 326 of vol. I, edi 1852. Forester's 
 note to Henry, of Huntingdon, book 2, 
 p. 51, "The Bretwaldadom " is the 
 subject of notice in i Freem. Norm. 
 'Conqu. Appendix B, p. 366 to 376 of 
 edi. 1873. 
 
 *°Green's Short Hist., ch. i, \ 3, p. 53; 
 .1 Green's Hist, of Engl. Peop., ch. 2, 
 J>P- 43. 44- 
 
 "King Ethelbert died Feb. 24, 613. 
 Bede's Eccl. Hist., book 2, ch. 5, p. 89 
 of tdi. 1840. 
 
 *^" Marching in 617 against Rsedwald, 
 king of East-Anglia, who had sheltered 
 Eadwine, an exile from the Northum- 
 brian kingdom, he perished in a defeat 
 at the river Idle." Green's Short Hist., 
 ch. I, \ 3, p. 53. 
 
 *^Id. pp. 55, 56. "Northward his 
 frontier reached to the Firth of Forth, 
 and here, if we trust tradition, Eadwine 
 founded a city which bore his name, 
 Edinburgh, Eadwines burgh." I Green's 
 Hist, of Engl. Peop., pp. 44, 45. 
 
 ^* In the West Riding of York or Hat- 
 field. It is distant from Doncaster 6, 
 and from London 168 miles. 
 
 *6 Green's Short Hist., ch. i, ^ 3, p. 57; 
 I Green's Hist, of Engl. Peop., ch. 2, 
 p. 47. 
 
Danes, 449 to 838. 43 
 
 •6. Eadwine succeeded by Oswald, who in his youth found refuge 
 within the monastery on the isle of lona. Greatness af Oswald's 
 power. Of Sigebert, king of the East Angles, who in 6jj 
 wrote a book of the laws of England. In 642 Oswald slain ; 
 succeeded by Oswi, who died in 6yo. Who became king of the 
 Mercians. 
 
 Eadwine's successor was Oswald, who in his youth found refuge 
 within the monastery raised by Columba on the isle of lona, off the 
 -west coast of Scotland." 
 
 "The Welsh had remained encamped in the heart of the North, 
 and Oswald's first fight was with Cadwallon. A small Northumbrian 
 force gathered in 635 near the Roman wall, and pledged itself, at the 
 new king's bidding, to become Christian if it conquered in the fight. 
 Cadwallon fell fighting on the ' Heaven's Field,' as after times called 
 the field of battle; the submission of Deira to the conqueror restored 
 the kingdom of Northumbria ; and for nine years the power of Os- 
 wald equalled that of Eadwine."" 
 
 A fugitive from Redwald's enmity, and living in banishment, Sig- 
 tercht (or Sigabert or Sigesbert) was baptized in France, and after 
 the death of his brother Eorpwald, the successor of Redwald,*" was 
 in 635, ' orientalium. Anglorum Rex,' and ' wrote a book of the laws 
 of England, calling it Legum Instiiuta.' *^ He founded, about 638, a 
 monastery at Bury St. Edmunds,'" and retired to it, but his people 
 brought him from his cell, on news of an invasion by Penda. Placed 
 in the front, and bearing no weapon but a wand, Sigebert fell in the 
 battle, and his army was routed.*' 
 
 In 642, Oswald marched to deliver East Anglia from Penda, but in 
 a battle called the battle of the Maserfeld was overthrown and slain.'" 
 
 Oswi (third son of ^thelfrith) having been accepted by all Nor- 
 thumbria as its sovereign, was in 655 successful against his opponents 
 in the field of Winwoed, by Leeds. Then Penda, king of the Mer- 
 cians, being slain. King Oswi governed them and the people of 
 
 **Id. p. 49. ■'^Preface to 3 Rep , p. xix. 
 
 "i Green's Short Hist., ch. i, g 3, p. 50 j Dugdale's Eng. & Wales, pp. 321, 
 
 57; I Green's Hist, of Engl Peop., ch. ^22. 
 
 2, p. 47 to 50. 5' Green's Short Hist., ch. i, § 3, p. 59. 
 
 '^Bede's Eccl.>Hist., book 2, ch. 15, ^ajd.; i Green's Hist, of Engl. Peop. 
 
 pp. 113, 114; book 3, ch. 18, p. 157. p. 50. 
 
44 Under Saxons and 
 
 other southern provinces for three years, when he gave to Penda's 
 son, Peada, the kingdom of the Southern Mercians. Soon Peada 
 was killed, and three generals of the Mercians set up for their king 
 (against King Oswi) Wulfhere, son to Penda; and he governed the 
 Mercians seventeen years. Meanwhile King Oswi died (in 670),^' sur- 
 vived by his minister, Benedict, who is mentioned in the next section. 
 
 7 ■ Great Council at Whitby in 66^. Theodore of Tarsus began in 
 668 as Archbishop of Canterbury. His work as to the Church 
 supplied a mould for the civil organization of the state ; his 
 synods and their canons led the way to Parliaments and a system 
 of laws. Of Benedict, abbot of the monastery where Bede was 
 educated; and of Whitby, the Westminster of Northumbrian 
 kings. 
 
 On the summit of the dark cliffs of Whitby, looking out over the 
 northern sea, an abbey was reared. Thither, in 664, Oswi summoned 
 a great council to decide the ecclesiastical allegiance of England • 
 whether its metropolitan was at Rome or was the abbot of lona. In 
 668 Theodore of Tarsus began his work as archbishop of Canter- 
 bury.^' 
 
 "The work of Theodore lay mainly in the organization of the 
 episcopate, and thus the Church of England, as we know it to-day, 
 is the work, so far as its outer form is concerned, of Theodore." — " la 
 his arrangement of dioceses and the way in which he grouped therri 
 round the See of Canterbury, in his national synods and ecclesiastical 
 canons, Theodore did unconsciously a political work." — " The regular 
 subordination of priest to bishop, of bishop to primate, in the admin- 
 istration of the church, supplied a mould on which the civil organ- 
 ization of the state quietly shaped itself Above all, the councils 
 gathered were the first of our national gatherings for general legisla- 
 tion. It was at a much later time that the wise men of Wessex, or 
 Northumbria, or Mercia learned to come together in the Witenage- 
 mote of all England. The synods which Theodore convened as 
 religiously representative of the whole English nation, led the way 
 by their example to our national parliaments. The canons which 
 these synods enacted led the way to a national system of law." °° 
 
 5'Bede's Eccl. Hist., book 3, ch. 24, WBede's Eccl. Hist., book 3, ch. 24, 
 
 p. 171 to 174, and p. 338 of edi. 1840; p. 173; book 4, ch. 1, pp. 194, 195; 
 
 I Lingard's Engl., ch. ^, p. 103; Green's Green's Short Hist., ch. i, \ 3, p. 62, pp. 
 
 Short Hist., ch. I, § 3, p. 66; i Green's 64, 65; I Green's Hist, of Engl. Peop.,. 
 
 Hist, of Engl. Peop., ch. 2, p. 51 and p. ch. 2, p. 54 to 57. 
 
 6o. ^Id. p. 57 to 59. 
 
Danes, 449 to 838. 45 
 
 " The organization of the episcopate was followed by the organiza- 
 tion of the parish system."—" But this parish system is probably later 
 than Theodore." ^» "^ ' f y 
 
 Benedict (surnamed Biscop or Bishop), minister of King Oswi, 
 Tvas of extraordinary learning ; indefatigable in its pursuit, and in the 
 improvement of his country. He travelled to Rome several times, 
 and brought to England a large and curious library. He was founder 
 of the monastery of Weymouth, and, was its abbot when Bede, at 
 seyen years of age, was placed there to be educated; which was, 
 according to one computation, in 680, and according to another, 
 in 684." 
 
 As to Whitby, in Chester. county, there may be inaccuracy in part 
 of what is said in Dugdale's England and Wales, vol. 8, p. 1539. 
 The place mentioned in Bede's Eccl. Hist., book 3, ch. 24, p. 173, is 
 stated in notes of Dr. Giles, p. 363, to be now Whitby in Yorkshire." 
 
 "Whitby became the Westminster of the Northumbrian kings; 
 within its walls stood the tombs of Eadwine and of Oswi, with nobles 
 and queens grouped around them."*^ 
 
 8. Of the abbeys of Peterborough and Crowland. War between 
 Wulfhere, king of Mercia, and Ecg frith, king of Northumbria. 
 War against the Britons revived. Ecgfrith killed in battle in 
 
 68j. The blow viewed as fatal for Northumbrian greatness. 
 Parliament in 6gy, near Maidstone; its enactments. How Nor- 
 
 thum^bria obtained peace with yEthelred, successor of Wulfhere 
 
 or Withred. 
 
 In the western woods Bishop Ecgwine found a site for an abbey, 
 round which gathered the town of Evesham;^' and the eastern fen- 
 land was soon filled with religious houses. Here, through the lib- 
 erality of King Wulfhere, rose the abbey of Peterborough. Here too, 
 Guthlac, a youth of the royal race of Mercia, sought a refuge from the 
 world in the solitudes of Crowland, and so great was the reverence- 
 he won that only two years had passed since his death when the , 
 stately abbey of Crowland rose over his tomb." — But " Northumbria 
 
 ■=^"The system of tythes which has ^^Green's Short Hist., ch. I, § 3,p. 62. 
 been sometimes coupled with his name, 
 
 dates only from the close of the eighth ^in Worcester county. Evesham is 
 
 century." Id. p. 59. 14 miles from Worcester and loo from 
 
 ^'Life of Bede, pp. xiii and xiv, and London, 
 also p. 342. 
 
46 Under Saxons and 
 
 remained the dominant state in Britain; and Ecgfrith, who succeeded 
 Oswin in 670, so utterly defeated Wulfhere when war broke out 
 between them, that he was glad to purchase peace by the surrender 
 of Lincolnshire."™ 
 
 " The war between Briton and Englishman, which had- languished 
 since the battle of Chester, had been revived some twelve years before 
 by an advance of the West-Saxons to the south-west. Unable to 
 save the possessions of Wessex north of the Thames from the grasp 
 of Wulfhere, their king, Cenwalh, sought for compensation in an 
 attack on his Welsh neighbors. A victory at Bradford,*' on the 
 Avon, enabled him to overrun the country near Mendip, which had 
 till then been held by the Britons ; and a second campaign in 658, 
 which ended in a victory on the skirts of the great forest that covered 
 Somerset to the east, settled the West-Saxons as conquerors round 
 the sources of the Parret. It may have been the example of the 
 West-Saxons which spurred Ecgfrith to a series of attacks upon his 
 British neighbors in the west which widened th6 bounds of his king- 
 dom." — "The Firth of Forth had long been the Hmit of Northumbria, 
 but the Picts to the north of it owned Ecgfrith's supremacy. In 685, 
 however, the king resolved on their actual subjection, and marched 
 across the Forth." — Soon a "fugitive, escaped from the slaughter^ 
 told that the Picts had turned desperately to bay as the English army 
 entered Fife, and that Ecgfrith and the flower of his nobles lay a 
 ghastly ring of corpses on the far off moorland of Nechtansmere 
 The blo*v" has been viewed as "a fatal one for Northumbrian great- 
 ness." ''' 
 
 There are accounts of a parliament or great council which was held 
 in 697 at Bursted near Maidstone, under Withred, king of Kent and 
 Mercla, in which Berthwald, archbishop of Canterbury, presided, and 
 at which all the prelates and military men assembled.*' 
 
 ^thelred, successor of Wulfhere, or Withred, having attacked 
 Northumbria, on the Mercian border, the war was only ended by a 
 plan which left ^thelred master of middle England, arid free to 
 attempt conquest of the south " 
 
 p. Alfred, who • became king of Northumbria in 68j reigned till 70J, 
 and died greatly esteemed. His high character. 
 
 Success in war is not the only kind of greatness; nor is it always 
 
 ^Green's Short Hist., ch. i, I 3, p. 67 to 70, ch. 4, pp. 70,71; i Green's- 
 
 66; I Green's Hist, of Engl. Peop., ch. Hist, of Eng. Peop., ch. 2, p. 61 to 63. 
 
 2, pp. 60, 61. ^' Some of the enactments on this oc- 
 
 win Wilts county. Bradford is 31 casion are in Penny Magazine for 1835, 
 
 miles from Salisbury and 82 from Lon- Dec. 12, p. 497. 
 
 don. ««i Green's Hist, of Engl. Peop., ch. 
 
 ^2 Green's Short Hist., ch. i, § 3, p. 2, p. 63. 
 
Danes, 449 to 838. 47 
 
 the kind that is of the greatest value to one's country. Alfred, the 
 next king of Northumbria, is mentioned as the first literary king 
 among the Anglo-Saxons. 
 
 "His name alone would interest us as the precursor of the greater 
 sovereign, his name-sake; but the similarity of his intellectual taste 
 and temper with the pursuits and sentiments of the celebrated Alfred 
 of Wessex, makes his character still more interesting."— He had 
 "voluntarily retired into Ireland that he might pursue his unambitious 
 studies. For fifteen years he enjoyed a life of philosophic tranquillity 
 and progressive improvement."— " He governed the kingdom to 
 which he was now invited, with the same virtue with which he had 
 resigned it; he derived his happiness from the quiet and enjoyments 
 of his people.""* He was "respected by his neighbours, beloved by 
 his subjects and praised by the learned whom he patronized.""" Yet, 
 though attached to the studies of the clergy,"' he was not their indis- 
 criminate instrument.""" 
 
 After reigning "over the province which his knowledge enlightened, 
 and his virtues cherished, for 19 years, he died in 705."' 
 
 10. Of Ina successor of Centwine (or Ceadwalld) as king of Wessex. 
 Ina's Code the earliest collection of West Saxon laws which re- 
 mains ; it has gained him. fame. 
 
 The war begun with the Britons by Centwine (or Ceadwalla) king 
 of Wessex, was by his successor Ina (or Ine or Ini), the greatest of 
 its early kings, carried on, during the whole of his long reign from 
 688 to 726. 
 
 Under him, "the West Saxons " "became masters of the whole dis- 
 trict which now bears the name of Somerset. The conquest of Sus- 
 sex and of Kent on his eastern border made Ine master of all Britain 
 south of the Thames, and his repulse of a new Mercian king, Ceolred, 
 in a bloody encounter at Wodnesburh™ in 714 seemed to establish 
 
 *5 Turner's Anglo-Saxons, book 3, ch. ^'Bede's Eccl. Hist., book 5, ch. 15, 
 
 9, p. 332 to 334 of vol. I, edi. 1852. 16, 17, p. 300 to 305 of edi. 1840. 
 
 ^^Lingard's Engl., vol. I, ch. 3, p. 108, ^iT , a 1 o 1 , ,. 
 
 ° " ' •>' >^ ""Turner's Anglo-Saxons, book 3, ch. 
 
 of edi. iSsi. Mr. Turner says, "he r , j- o 
 
 ,. . 9, P- 334 of vol. I, edi. 1852. 
 encouraged literature, received with 
 
 kindness the Asiatic travels of Arcuulfus, "'I'^- 335; Bede's Eccl. pist., ch. 24, 
 
 who had visited Greece, Syria and Egypt, P- 339- 
 
 (and which had been written by Adam- ™The ancient town of AA'edneshury 
 
 nan,) liberally rewarded the author, and (frequently called Wedgebury) is in Staf- 
 
 by his bounty caused the composition to ford county; 4 miles from Walsall, 8 
 
 be imparted toothers." Hist. Anglo- from Birmingham, and 1 18 from London. 
 
 Saxons, book 3, ch. 9, p. 334. 
 
48 Under Saxons and 
 
 the three-fold division of the English race between three realms of 
 almost equal power." " 
 
 But Ina's time was not wholly occupied with thoughts of war." 
 A parliament was holden in his time ; and perhaps it was meant to be 
 referred to by Sir Edward Coke, Speaker of the House of Commons 
 in the 35th year of the reign of Queen Elizabeth ; it is curious that 
 he is reported in his address to that Queen to have spoken thus : 
 
 " In the times of the West Saxons, a Parliament was held by the 
 noble Queen Ina, by these words : ' I, Ina, Queen of the West Saxons, 
 have caused all my Fatherhood, Aldermen and wise commons, with 
 the godly men of my kingdom, to consult of weighty matters, &c.;' 
 which words do plainly show the parts of this court still observed to 
 this day. For in Queen Ina is your majesty's most royal person rep- 
 resented." " 
 
 Perhaps Elizabeth's "most royal person" is " represented " in the 
 noble king Ina or in his queen (Ethelburga).'* 
 
 'As a warrior Ina was equal, as a legislator he was superior, to the 
 most celebrated of his predecessors. In the fifth year of his reign 
 he assembled the Witena-gemot, and ' with the advice of his father, 
 Cenred, of his bishops, Hedda and Erconwald, of all his ealdormen, 
 and wise men and clergy,' enacted seventy-nine laws, by which he 
 regulated the administration of justice, fixed the legal compensation 
 for crimes, checked the prevalence of hereditary feuds, placed the 
 conquered Britons under the protection of the state, and exposed 
 and punished the frauds which might be committed in the transfer 
 of merchandise and the cultivation of land." '^ 
 
 Mr. Turner concurs in appreciating the fame which Ina has gained 
 
 "Green's Short Hist., ch. i, § 4, pp. '^Lingard's Engl., vol. i, ch. 3, pp. 
 
 ■70, 71; I Green's Hist, of Engl. Peop., 135, 136 of Boston edi. 1853. Mr. Tur- 
 
 ch. 2, p. 63. ner speaks of Ina in his introduction to 
 
 ''^Id. his laws, mentioning distinctly the three 
 
 "Townshend's Collections, p. 45 of orders of the nation as assisting and 
 
 ■edi. 1680. concurring in their formation. — " My 
 
 '* Henry pf Huntingdon, book 4, p. bishops and all my ealdormen, and the 
 
 120 of edi. 1853. But Elizabeth's perr eldest witan of my people, and a great 
 
 son is represented, not more truly be- collection of God's servants." Mn Tur- 
 
 <;ause of, than it would be without, such ner considers that " here the nobles, the 
 
 transformation as is expressed or implied people, and the clergy are distinctly 
 
 in the language so reported as used by recognized." Turner's Anglo-Saxons, 
 
 the Speaker of the House. book 8, ch. 3, p. 168 of edi. 1832. 
 
Danes, 449 to 838. 49 
 
 hy his legislation. Referring to his collection of laws which yet 
 remains,™ the historian of the Anglo-Saxons says: 
 
 " He deserves the gratitude of mankind in common with every 
 other .lawgiver. Whoever applies himself to mark the useful limits 
 of human action, to set boundaries to individual selfishness, to estab- 
 lish the provisions of justice in defence of the weak or injured, and 
 to rescue the criminal from punishments of caprice or favour, is a 
 character entitled to the veneration of mankind." " 
 
 zi. ^thelbald, king of Mercia, and Ceolwulf, king of Northumbria. 
 To Ceolwulf is dedicated Venerable Bede'e Ecclesiastical His- 
 tory. Of Bede and Alcuin ; the schools of farrow and York. 
 
 In the reign of King Ina, Northumbria was governed by the four 
 kings named below." After 716, when Ceolred, the successor ot 
 ^thelred, king of Mercia, died, and Mercia chose ^thelbald for its 
 king, — and after 726, when Ina, king of the West-Saxons laid down 
 his crown and retired to Rome, — ^thelbald "penetrated into the very 
 heart of the West-Saxon kingdom." " 
 
 In 728, on the 9th of May, Osric, king of Northumbria, died, and 
 -was succeeded by Ceolwulf, to whom is addressed by Venerable Bede 
 (in 731) the epistle dedicatory of the " Ecclesiastical History of the 
 English Nation"'" 
 
 ^thelbald, king of Mercia, captured from the West-Saxons the 
 royal town of Somerton^' at a time (733) when under Ceolwulf 's 
 peaceful reign, Northumbria had become " the literary centre of the 
 Christian world in western Europe. No schools were more famous 
 than those of Jarrow and York."'^ 
 
 ™Wilkins' Leges Saxonicas, p. 14-27. ™ Green's Short Hist., ch. i, ^4, p. 71 ; 
 
 "' Turner's Anglo-Saxons, book 3, ch. i Green's Hist, of Engl. Peop., ch. 2, 
 
 9. P- 339 of v°l- I- P- 64- 
 
 ™ Alfred was succeeded' by his son 'o Eccl. Hist., book 5, ch. 23, p. 334 
 
 Osred, a youth only eight years old. He and p. 336. 
 
 reigned eleven years, and fell in battle si Somerton, wherein Ina and other 
 
 near Mere in 716. Cenred, his succes- West-Saxon kings had held their courts, 
 
 sor, reigned two years, after whose death is in Somerset county and distant .from 
 
 Osric reigned a number of years; stated Wells 12, from Taunton 18, and from 
 
 in book 4, of Henry of Huntingdon, on p. London 123 miles. 
 119, to be eleven, &-a.&. on p. 123, to be ^2 Green's Short Hist., ch. i, §4, p. 
 
 fourteen. Eleven is the right number 7^ ; i Green's Hist, of Eng. Peop., ch. 
 
 according to Bede's Eccl. Hist., book 5, 2, p. 64. 
 ch. 24, p. 333. 
 
 4 
 
50 Under Saxons and 
 
 Venerable' Bede, who amidst his duties at Jarrow always took 
 delight in learning, teaching and writing, died in 755." To his 
 memory there is a tribute from Mr. Green,^ which any lover of 
 literature may be pleased to read. Alcuin, a native of York. or its 
 neighborhood, was by Egbert, archbishop of York,*^ appointed mas- 
 ter of the great school in the archepiscopal city. His reputation 
 attracted crowds of students from Gaul and Germany to his lec- 
 tures and recommended him to the notice of the emperor Charle- 
 magne.*' 
 
 Ceolwulf, king of Northumbria (to whom Bede's history was ded- 
 icated) is mentioned as a prince of no small learning and an encour- 
 ager of learned men. In 737 he resigned his kingdom to Eadbert 
 and became a monk at Lindisfarne, in Northumberland, where he 
 died in 740." 
 
 12. In the eighth century, the plan of exterminating the Welsh aban- 
 doned, and they allowed to dwell undisturbed among the conquer- 
 ors. Of the code of Mercian law which bears Offals name; 
 and his correspondence with Charlemagne. ■ At the close of the 
 century the land possessed by Englishmen remained divided be- 
 tween Northumbria, Mercia and Wessex. 
 
 Northumbria's king (Eadberht) " in 740, threw back yEthelbald's 
 attack in a repulse which not only ruined the Mercian ruler's hopes 
 of northern conquest, but loosened his hold on the south. Goaded 
 to revolt by exactions, the West-Saxons, after twelve years of con- 
 tinued outbreaks, mustered at Burford,^ in 753, and in a desperate 
 fighi.gained a decisive victory, which freed Wessex from the Mercian 
 
 «*So stated at the end of Bede's Eccl. the end of Bede's Eccl. Hist., ch. 24, pp. 
 
 Hist, in ch. 24, p. 340 of edi. 1840 ; 340, 342 of edi. 1840. 
 
 Henry of Huntingdon, book 4, p. 124 ^ Alcuin accepted Charlemagne's invi- 
 
 (with Forester's note) and p. 126. The tation to reside in his court, and diffused 
 
 year which was misprinted -/^S on P- 73 a taste for learning through the empire, 
 
 of Green's Short Hist., p. 73 of N. Y. i Lingard's Engl., ch. 3, p. 114 of Bos- 
 
 edi. 1876, is correctly printed XJi ™ ' ton edi. 1853. 
 
 Hist, of Engl. Peop., p. 67. si See end of Bede's Eccl. Hist., p. 
 
 8* Id. p. 64 to 67. 340 and pp. 345, 346, notes i and 6, edi. 
 
 1840. 
 
 ^Egbercht was ordained archbishop ^Vci Oxford county. Burford is 18 
 
 in 735 and died in 766. So stated at miles from Oxford and 71 from London, 
 
Danes, 449 to 838. 51 
 
 yoke. Four years later, in 757, its freedom was maintained in a new- 
 victory at Secandun ; when .(Ethelbald, refusing to fly, fell fighting on 
 the field.^ 
 
 Under Offa, whose reign was long, Mercian power rose again. 
 
 " Beating back the Welsh from Hereford, and carrying back his 
 own ravages into the heart of Wales, Offa, in 779, drove the king of 
 Powys from his capital, which changed its old name of Pengwern for 
 the significant English title of the Town in the Scrub, or Bush, 
 Scrobbes byryg, Shrewsbury." — " Offa resolved to create a military 
 border by planting a settlement of Englishmen between the Severn, 
 which had till then served as the western boundary of the English 
 race, and the huge ' Offa's Dyke ' which he drew from the mouth of 
 Wye to that of Dee. Here, as in the later conquests of the West- 
 Saxons, the old plan of extermination was definitely abandoned, and 
 the Welsh who chose to remain, dwelt undisturbed among their Eng- 
 lish conquerors.'"" 
 
 " It was to regulate the mutual relations of the two races that Offa 
 drew up a code of Mercian laws which bore his name." 
 
 He was distinguished above most of the Anglo-Saxon kings by 
 intercourse with the continent, and especially by correspondence with 
 Charlemagne ; °' it is said, concerning a matter as to which Alcuin (or 
 Alcwine) the Northumbrian scholar (whose learning had secured him 
 Charles's confidence and friendship) endeavoured to avert war."'' 
 
 " It was not till Wessex was again weakened by fresh anarchy that " 
 Offa "was able to seize East Anglia and restore his realm to its old 
 bounds under Wulfhere. Further he could not go. A Kentish 
 revolt occupied him till his death in 796.""' 
 
 Between Northumbria, Mercia and Wessex, "a threefold division 
 seemed to have stamped itself upon the land," at the close of the 
 
 *'Bede's Eccl. Hist., pp. 340, 341 of Charles and Offa "as the first monument 
 
 edi. 1840; 1 Green's Short Hist., ch. i, of our foreign diploniacy which secured 
 
 ^ 4, pp. 71, 72 and pp. 74, 75 ; I Green's protection for the English merchan-ts and 
 
 Hist, of Engl. Peop., ch. 2, pp. 68, 69. pilgrims who were malcing their way in 
 
 ^ Id. ch. 2, pp. 68, 69. growing numbers to Rome." Ibid. 
 
 "Turner's Anglo-Saxons, book 3, ch. ^^ Green's Hist, of Eng. Peop., ch. 2, 
 
 10, p. 346 and pp. 353, 354, 3SS of vol.. p. 69. "Egfert, the son of Offa became 
 
 I. I Lingard's Engl., ch. 3, p. 120 and king of Mercia, but he died 141 days 
 
 p. 122 of edi. 1853. afterwards and was succeeded by King 
 
 92Green's Short Hist., ch. I, §4, p. 76. Kenulf" (or Kenwulf or Cenwulf). 
 
 Mr. Green speaks of the treaty between Henry of Huntingdon, book 4, p. 139. 
 
62 Under Saxons and 
 
 eighth century."" Then Eardulf was king of Northumbria; and 
 Kenulf (or Kenwulf, or Cenwulf) king of Mercia. Bertric, the suc- 
 cessor of Cynewulf in the kingdom of Wessex, had, in 787, taken 
 to wife Eadbarga, daughter of Offa.'° 
 
 13. In the early part of the ninth century, Egbert, king of Wessex, 
 reigned ^j years and 6 months, and became pre-eminent; perhaps 
 "paramount monarch of all Britain." Of his character. The 
 state of jurisprudence on the continent under his contem,pora- 
 ries Charlemagne and Louis le Debonnaire. 
 
 Egbert (or Ecgberht), a descendant of Ina's brother, had, in the 
 time of Bertric (or Brightric) and when Offa was alive, claim to the 
 crown of Wessex. Henry of Huntingdon says : 
 
 " In his youth he had been driven into banishment by King Bertric, 
 his predecessor, and Offa, king of Mercia, and spent two years of 
 exile in the court of the Franks." 
 
 It was from Bertric (or Brightric) that Egbert apprehended the 
 danger which caused him, after fleeing first to Offa, to leave Offa for 
 the court of Charlemagne, "by whom Egbert was admitted to familiar 
 intimacy, and entrusted with important employments." It may be in- 
 ferred that his asylum with the Prankish sovereign was instrumental in 
 extending Egbert's information, increasing his activity, enlarging his 
 mind and educating him in the arts and duties of government. Upon 
 Brightric's death, Egbert, the only descendant of Cerdic in existence, 
 returned from France to Wessex, and was welcomed as king by the 
 people of this his native land. In the cultivation of peace, and to 
 their improvement, he employed a considerable portion of his reign ; 
 but part of it was occupied in war.'" 
 
 After other marches " Ecgberht crossed the Thames in 827, and 
 the realm of Penda and Offa bowed without a struggle to its con- 
 queror. But Ecgbert had wider aims than those of supremacy over 
 Mercia alone;" and they "drew him to the north." 
 
 ii* Green's Hist, of Eng. Peop., ch. 2, 14010 142 of edi. 1853; Tamer's An- 
 
 P- 69- glo Saxons, book 3, ch. 11, p. 362 to 
 
 95 Henry of Huntingdon, book 4, pp. 365 of vol. I. edi. 1852; i Lingard's 
 
 138. 139- Engl., ch. 3, p. 113 and p. 143 of edi. 
 
 '^ Henry of Huntingdon, book 4, p. 1853. 
 
Danes, 449 to 838. 53 
 
 The presence of such freebooters as in 794, plundered the monas- 
 teries of Jarrow and Holy Island, told on the political balance of the 
 English nation. Northumbria despaired "of finding in itself the 
 union needed to meet the Northmen." — " Its thegns met Ecgbert in 
 Derbyshire, and owned the supremacy of Wessex." — "The whole 
 English race was for the first time knit together under a single 
 rule;" Egbert, king of Wessex, was now pre-eminent; and it may be 
 was in some sense "paramount monarch of all Britain.""* 
 
 Egbert fought at Charmouth against the invading Northmen, now 
 called Danes ; and the next year at Hengest-doun defeated combined 
 forces of Danes and of Cornish Britons. After reigning over Wessex 
 37 years and 6 months, he died the year after this victory, '' or within 
 two or three years after it.™ 
 
 Egbert is spoken of as " the most distinguished and successful king 
 of all the Anglo-Saxon race before Alfred." ^°' Mr. Turner observes : 
 
 "From Hengist to Egbert, talents were never wanting on some 
 of the Anglo-Saxon thrones. The direction of the royal capacity 
 varied; in some kings valour, in others military conduct, in some 
 piety, in some learning, in some legislative wisdom predominated. 
 The result was that the Anglo-Saxons, though fluctuating in the pros- 
 perity of their several districts, yet, considered as a nation, went on 
 rapidly improving in civilization and power." "^ 
 
 Charlemagne, who in 788 caused the Theodosian code to be trans- 
 cribed from the abridgment of it in the edition of Alaric, king of the 
 Visigoths, was in 814 succeeded by his son, Louis le Debonnaire; Eg- 
 
 "Henry of Huntingdon, book 4, pp. edi. 1852; Green's Short Hist., ch. I, | 
 
 142, 143 of edi. 1853; Green's Short S, p.77; I Green's Hist, of Engl. Peep., 
 Hist., ch. I, ^ 4, p. 77; i Green's Hist. ch. 3, p. 72. 
 
 of Engl. Peop., ch. 3, pp. 71, 72. 101836 is mentioned as the year of Eg- 
 
 '8 Henry of Huntingdon, boolc 4, p. bert's death both by Mr. Turner (Id. p. 
 
 143. Whether he was paramount is 370) and Dr. Lingard; but the latter has 
 questioned in 2 Hall. Mid. Ages, pp. a note that he died in 838 according to 
 349-354 of 10th Engl. edi. As to the a charter of Ethelwulf dated anno air 
 style "king of England, or the king of incarnatione Christi DCCCXXXVIII. 
 the English," there may be reference to See Lingard's Engl., ch. 3, p. 146 of vol. 
 I Freem. Norm. Conq. Appendix M, I, edi. 1853. 
 
 p. 395 to 397 edi. 1873. i"' Turner's Anglo-Saxons, book 3, ch. 
 
 ''Henry of Huntingdon, book 4, p. 11, p. 362 of vol. I, edi. 1852. 
 
 140 to 143; I Turner's Anglo-Saxons, w^ id. book 3, ch. 9, p. 339. 
 book 3, ch. II, pp. 369, 370 of vol. I, 
 
54 Under Saxons and 
 
 bert lived about twenty-four years afterwards. In the history of ju- 
 risprudence it was an interesting period when on the continent, accord- 
 ing to M. Savigny,"" notwithstanding German conquests, the former 
 inhabitants of provinces preserved their Roman law. 
 
 "The Roman and his German conqueror resided in the same city 
 or place, each under his own laws. It often happened, said Bishop 
 Agobard, in his letter to Louis le Debonnaire, that five men, each 
 under a different law, might be found walking or sitting together. 
 At first only two laws were admitted : the law of the victors, which 
 was properly a territorial law, and the law of the vanquished provin- 
 cials, which was personal. In process of time, the laws of other 
 German races conquered by the Franks were acknowledged along 
 with the laws of the victor and of the vanquished Romans." ^"^ 
 
 CHAPTER III. 
 
 INSTITUTIONS OF ENGLAND FROM KING EGBERT'S 
 DEATH (838) UNTIL THE DEATH OF ALFRED THE 
 GREAT (901). 
 
 I. Ethelwulf, king of Wessex from 8j8. Swithin, bishop of Win- 
 chester, his minister. Whether this saint ^ celebrated for his plu- 
 vious propensity' was chancellor under two sovereigns. Lord 
 CampbelVs view questionable. 
 
 Alstan (or Helmstan, or Ealcstan) was bishop of Sherborne,^ or of 
 Winchester, in the latter part of the reign of Egbert and early part 
 of that of Egbert's son Ethelwulf Sjvithin of noble parentage put 
 on the monastic habit in the old monastery at Winchester, passed his 
 youth in the study of grammar, philosophy and the scriptures, and 
 
 ^"^Hist. of Roman Law in Middle Sherborne in Henry of Huntingdon, 
 
 Ages, vol. I. book 4, p. 141 of edi. 1853, note 5. In 
 
 10*2 Kent's Com. 491, note b; Hall. a subsequent page he states that in 867 
 
 Mid. Ages, ch. 2, pp. 82, 83 of vol. i. "died Bishop Elckstan, and he v^as bu- 
 
 Phila. edi. 1824. ried at Sherborne, vifhere he had been 
 
 'Ealestan is mentioned as bishop of bishop 50 years." /</. book 5, p. 152. 
 
Danes, 838 to 901. 
 
 55 
 
 was promoted to holy orders by that bishop.'' Ethulwulf was edu- 
 cated in the earlier part of his life by the same bishop ; marched in 
 823 with him into Kent,' and afterwards, by his recommendation, 
 received from Swithin, a prior of the monastery at Winchester, in- 
 struction and the monastic habit.* 
 
 After his father's death, it seems there was a papal dispensation to 
 release Ethelwulf from his sacerdotal engagement ; '" he succeeded his 
 father as king of Wessex, and at the death of the bishop of Winchester, 
 in 852, gfranted that see to Swithin." It may be that " Swithhan, bishop 
 of Winchester, became ^thelwulf's minister.' But one may hesitate 
 about adopting Lord Campbell's view that St. Swithin ' celebrated for 
 \a!, pluvious^ propensity' "held the office" of chancellor "under two 
 sovereigns." ' 
 
 * Perennial Calendar, London, 1824, 
 p. 342, under date of July 15. 
 
 'Alstan, bishop of Sherborne, and 
 Helmstan, bishop of Winchester, are 
 mentioned in Turner's Hist, of Anglo- 
 Saxons, book 4, ch. 4, pp. 414, 415 of 
 vol. I, edi. 1852 ; and I Lingard's Engl., 
 ch. 3, pp. 147, 148. 
 
 *Tumer's Anglo-Saxons, pp. 414, 415 
 of vol. I, edi. 1852. 
 
 * Turner in the history before referred 
 to, after mentioning on one page (414) 
 that Ethel wulph was educated by " Helm- 
 stan, the bishop of Winchester," and in 
 823 "marched with Alstan into Kent," 
 has in the next (415) this statement: 
 "Alstan, the bishop of Sherborne had 
 possessed the favour of Egbert, and on 
 his death became the political and mili- 
 tary tutor of Ethelwulph; he was pow- 
 erful, warlike and intelligent," In 
 Henry of Huntingdon, book 5, p. 149, is 
 a statement that in 850, or 851, " Elestan 
 the venerable bishop," with others who 
 are named, fought with the Danes and 
 "gained a gloridus victory." In the 
 Perennial Calendar the statement before 
 mentioned that " Swithin was promoted 
 
 to holy orders by Helmstan, bishop of 
 Winchester," is followed by this: "At 
 whose death in 852 King Ethelwulf 
 granted him the see. In this he con- 
 tinued eleven years and died in 865" 
 (perhaps meant to be printed 86y). 
 
 'Green's Short Hist., ch. i, | 5, p. 78. 
 
 * There has been, to some extent, "a 
 belief that if it rains on the 15th of July, 
 Saint Swithin's day, it will continue to 
 rain for forty days. Observation has 
 proved that, the 15th of July may be 
 rainy and that a dry time may follow;" 
 but it is observed in England that " in a 
 majority of summers a rainy period does 
 come on or about the time when, accord- 
 ing to tradition the bones of the saint, 
 who was a bishop of Winchester a thou- 
 sand years ago, were attempted to be 
 moved from the burying ground where, 
 agreeably to his wish, ' the drops of rain 
 might wet his grave,' to be placed within 
 the walls of a church, and when a vio- 
 lent rain for forty days prevented the in- 
 tention of the bishop's monks being 
 completed." Penny Magazine for 1839, 
 p. 252. 
 
 'i Lives of the Chancellors, ch. i, p. 
 31 of edi. 1846. 
 
56 Under Saxons and 
 
 2. Of Ethelwulf until his death in 8^7; and of his sons until 866; 
 especially the incidents of Alfred's early years. 
 
 Ethelwulf, by his wife Eadburga, had four sons,'" of whom Alfred, 
 or as he is sometimes called, Alfred, was the youngest. It is stated 
 that he was born in 849, about 60 miles from London, at what is now 
 known as Wantage, in Berkshire;" that Ethelwulf, in 853, sent Alfred 
 " to Rome with a great train," and caused him to be " anointed king ; " 
 and in 855 "went to Rome himself" and took "Alfred with him.'"'' 
 It may be inferred that Osberga had previously died. For Ethel- 
 wulf, on his way through France, in July, sought Judith, daughter of 
 Charles the Bald, and on his return, in October, was married to her. 
 
 After getting home Ethelwulf submitted to a proposition for a 
 division of territory with his son Ethelbald, and lived but two years 
 longer." The cares of government now devolved on Ethelbald and 
 his brother Ethelbert ; to his other cares Ethelbald added his father's 
 young widow. Against his taking her for his consort the bishop of 
 Winchester remonstrated, and the people expressed disapprobation ; 
 and Ethelbald consented to separate from her." 
 
 Until Ethelbald's death (860) his brother, Ethelbert, seemed con- 
 tent with that share of the kingdom prescribed by his father's will ; 
 but afterwards he advanced a claim — to the crown of Wessex — which 
 its council admitted. Though he left children, the crown passed on 
 his death'* (865, 6) to his brother, Ethelred. 
 
 '"The three older than Alfred were Lingard's Engl.,ch. 3, p. 151 ; Pinnock's 
 
 Ethelbald, Ethelbert and Ethelred. Guide to Knowledge, 1835, P- 97- 
 
 " 8 Dugdale's Engl, and Wales, p. ^ He was buried at Winchester, Id. p. 
 
 1511; I Lingard's Engl., ch. 4, p. 161; 152; i Turner's Anglo-Saxons, book 4, 
 
 Pinnock's Guide to Knowledge (1835) ch. 5, pp. 426, 427. 
 
 p. g7; Turner's Anglo-Saxons, vol. I, "Judith returned to her father's court 
 
 book 4, ch. 5, p. 430 to 433; and vol. II, and married Baldwin, great forester of 
 
 book 5, ch. I, p. 3, ch. 5, p. 117. Sore- France (surnamed the Arm of Iron). 
 
 cently as Octo. 25, 1849, there was at They lived in great magnificence in 
 
 Wantage a large gathering of people Flanders, the earldom of which was be- 
 
 from different parts of the realm to cele- stowed on them by the king, Id; I Lin- 
 
 brate Alfred's birth, i Milner's Gallery gard's Engl., ch. 3, p. 153. 
 
 of Geography, 205. i^Id. pp. 152, 153, 154; Turner's. 
 
 i^Id. vol. I, book 4, ch. 4, p. 414 to Anglo-Saxons, pp. 426, 427, 428. He- 
 
 416, pp. 422, 423, and ch. 5, p. 429; i was buried in Shireburn. Id. 428. 
 
Danes, 838 to 901. 57 
 
 Alfred's "brothers had reached manhood without having been 
 taught letters by their father; he, though he had an ecclesiastical 
 education, left both them and Alfred illiterate "'" Alfred was passing 
 into youth without having learned to read, when "that passion for 
 learning by which he was so honorably distinguished from his con- 
 temporaries," is said to have been awakened by his mother^ or his step- 
 mother. One may not readily concur with Dr. Lingard" in ascribing 
 to Osberga the merit on this occasion ; even as to Judith there may 
 be difficulty, from the consideration that Alfred may not have attained 
 the age of twelve before she was separated from Ethelbald and re- 
 turned to France. However, the incident — for which page 16 of 
 Alfred's Ufe by Asser (bishop of Sherborne) is cited both by Lingard 
 and Turner — is stated by Turner thus : 
 
 " When Alfred was twelve years old, she was sitting one day sur- 
 rounded by her family, with a manuscript of Saxon poetry in her 
 hands." ^* — •" With a happy judgment she proposed it as a gift to him 
 who would the soonest learn to read it. The whole incident may 
 have been chance play, but it was fruitful of consequences. The 
 elder princes, one then a king, the others in mature youth, or 
 manhood, thought the reward inadequate to the task and were silent. 
 But the mind of Alfred, captivated by the prospect of information, 
 and pleased with the beautiful decoration of the first letter of the 
 writing, inquired if she actually intended to give it to that one of her 
 step-children as would the soonest learn to understand and repeat it. 
 The queen repeating the promise with a smile of joy at the question,, 
 he took the book, found out an instructor and learned to read it. 
 When his industry had crowned his wishes with success, he recited it 
 to her."" 
 
 Although when Alfred was of the most proper age, and had the 
 time to learn, it was difficult to obtain instructors,™ yet official duties 
 were devolved upon him at a comparatively early period.^^ 
 
 1' Turner's Anglo-Saxons, vol. I, book this important, though seemingly trivial 
 
 4, ch. 5, p. 430 to 433; and vol. II, book incident, we owe all the intellectual cul- 
 
 5, ch. I, p. 3, ch. S, p. 117. tivation and all the literary works of 
 "l Lingard's Engl.,ch. 4, pp. 161, 162. Alfred; and all the benefit which, by 
 18 "As Aldhelm and Cedmon had these, he imparted to his countrymen."" 
 
 written poems of great popularity it may Id. and 433. 
 
 have contained some of them." Tur- ^'Id. pp. 433, 434; also vol. II, book 
 
 ner's Anglo-Saxons, vol. I, book 4, ch. 5, 5, ch. i, p. 9. 
 
 pp. 431, 432. ^'Dr. Lingard states that "during the- 
 
 ^' Id. p. 432. Mr. Turner adds : "To reigns of his brothers,' ' Alfred possessedi 
 
58 Under Saxons and 
 
 3. Of Alfred's surviving brother, and of Alfred himself from 
 
 867 to 871. 
 
 Mr. Turner, writing of the year 867, says: "Alfred had now 
 reached his nineteenth year; he was raised by his brother to an 
 inferior participation of the regal dignity, and he married Ealswitha, 
 the daughter of a Mercian nobleman.'""' He was exceedingly ener- 
 getic, in 868, when acting with his brother, he joined the Mercian king ; 
 and about two years afterwards.^' It was in the winter of 870-71 that 
 the Danish leaders who had invaded East Anglia put to death its under- 
 king, Eadmund or Edmund, over whose remains rose the stately 
 abbey of St. Edmund's bury." 
 
 In the early part of 871 King , Ethelred, with his brother Alfred, 
 arrived at Reading,''" and gave battle to an. army of Danes. Four 
 days afterwards they fought the whole army assembled at Ashdown. 
 Fourteen days afterwards they engaged the enemy at Basing (or Old 
 Basing).'* And in two months they fought a batde at Merton" (or 
 Morton),"® in which Heahmund, bishop of Sherborne, fell, and King 
 Ethelred received a wound of which he died soon after Easter.^ Mr. 
 
 the government of a petty district with ruins." Id; i Green's Hist, of Engl. 
 
 the title of king." Lingard's Engl., ch. Peop., ch. 3, p. 73. 
 
 4, p. 163 of vol. 1. ®In Berks county. Reading is 13 
 
 ^^ Turner's Anglo-Saxons, book 4, ch. miles from Maidenhead, 17 from New- 
 
 6, p. 440 of vol. I. Dri Lingard says : bury, 28 from Oxford, and 39 from Lon- 
 
 " The lady, whom he honoured with his don. 
 
 choice was Alswitha, the daughter of ^6 jn jf ants county. Basing is 2 miles 
 
 Ethelred, a Mercian ealdorman, and of from Basingstoke, 5 from Odiham, 12 
 
 Eadburga, a princess of the race of from Alton, and 44 from London. The 
 
 Penda." I Lingard's Engl., ch. 4, p. bloody battle at Basing . is mentioned in 
 
 161. Alfred's daughter Alfritha became i Dugdale's Eng. and Wales, p. 102. 
 
 the wife of Baldwin, count of Flanders, 2' That they fought a battle with this 
 
 son of the celebrated Judith. Id. p. 187. same army at Merton is stated in Henry 
 
 ^^Turner's Anglo-Saxons, book 4, ch. of Huntingdon, book 5, p. 153. Merton 
 
 6, Jj. 440 to 456. in Oxford county is 9 miles from Oxford 
 
 "Henry of Huntingdon, book 5, p. and 55 from London. 
 
 152; 2 Dugdale's Engl, and Wales, p. 28 "phe "opinion that it was Morton in 
 
 322; Green's Short Hist., ch. i, \ 5, p. Berks" is ventured in Turner's Anglo- 
 
 79. Soon after Edmund's death, the Saxons, book 4, ch. 6, p. 457 of vol. I, 
 
 great abbeys of "Peterborough, Crow- edi. 1852. 
 
 land, Ely went up in flames and their ^ He was buried at Wimburn Minster, 
 
 monks fled or were slain among the Henry of Huntingdon, book 5, p. 153; 
 
Danes, 838 to 901. 59 
 
 Turner's opinion as to the place of this battle, that it was Morton, in 
 Berks, is " because the chronicle of Mailros, 144, places the battle at 
 Reading; and according to the map Morton hundred joins Reading 
 and contains both North Merton and South Merton.'"" Against this 
 is the fact that the battle of Reading preceded that at Basing; and 
 Basing being farther from London than Reading is, it would seem 
 that the armies were moving in a direction farther from London. 
 
 4. Upon the death of his surviving brother, Alfred was chosen king 
 of Wessex. His life was for many years of severe ■military 
 labour, of continual difficulty and of great mental anxiety. His 
 course until the peace of Wedmore, in 8^8. 
 
 Upon Ethelred's death, Alfred was chosen king of Wessex by the 
 ducibus et presulibus of the nation." The Jife before him was of 
 severe military labour, of continual difficulty and of great mental 
 anxiety. In 877, or early in 878, Alfred was a fugitive, and pre- 
 served his life by concealment.'' 
 
 " He experienced one of those sudden and total eclipses of fortune 
 which bestow a poetical lustre on heroism and put genius to the test 
 by reducing it to its own resources alone.'"' 
 
 Before the end of that year, 878, his talents had planned, and his 
 energy accomplished, a great achievement. 
 
 "It was the triumph of mind over barbarian strength: of a wisely 
 conceiving and arranging intelligence over superiority of number, 
 elation from past successes and a hardihood of personal valour which 
 no competition could excell." '* 
 
 From a fort which he had raised hastily in the isle of Athelney he 
 marched through Wiltshire, found the Danish host at Edington, 
 
 Turner's Anglo Saxons, book 4, ch. 6, p. '^ Turner's Anglo-Saxons, buok 4, ch. 
 
 457 of vol. I, edi. 1852; I Lingard's 7, pp. 458, 459 of vol. i, book 8, ch. 1, 
 
 Engl., ch. 3, p. 160. Wimborne Min- p. 131 of vol. III. 
 
 ster, a place of great antiquity, is in Dor- ^^ Id. book 4, ch 7, pp. 465, 466, 467. 
 
 set county, and distant 6 miles from , ''i Mackintosh's Engl., ch. 2, pp. 42, 
 
 Poole, 9 miles from Blandford, 10 from 43 of Phila. edi. 1830. 
 
 Cranborne, and 100 from London. '*Turner's Anglo-Saxons, book 4, ch. 
 
 ^'Hist. of Anglo-Saxons, book 4, ch. 10, p. 483, p. 492 of vol. I. edi. 1852; 
 
 6, p. 457 of vol. I, edi. 1852. I Lingard's Engl., ch. 4, p. 171. 
 
60 Under Saxons and 
 
 defeated it in a great battle, and after a siege of fourteen days forced 
 them to surrender and to bind themselves by a solemn peace at 
 Wedmore in Somerset.'^ 
 
 5. Good government of the realm. To what it was owing: Alfred 
 considered his life but as a trust to be used for the benefit of his 
 people; his mind was active and practical; he was a man of busi- 
 ness and an econom,ist of time. 
 
 Alfred's military efforts were in performance of what he deemed 
 necessary duties; but were uncongenial with his heart and mind. 
 These turned, so soon as he was at liberty to pursue his natural bias, 
 to nobler obj.ects.^° 
 
 "The peace of Wedmore at once marked the temper of the man. 
 Ardent warrior as he was, with a disorganized England before him, 
 he set aside at thirty-one the dreams of conquest to leave behind him 
 the memory, not of victories, but of ' good works,' of daily toils, by 
 which he secured peace, good government, education for his peo- 
 ple."" "He seems to have considered his life but as a trust to be 
 used for" their benefit.^' 
 
 Having provided for the defence of his realm, he devoted himself 
 to its good government. When a long peace was interrupted in 893 
 by a sudden invasion of Hastings, the invaders were made to feel the- 
 effects of sagacity and discretion, activity and courage."" 
 
 "Much of the success of" Alfred's "actual administration was due, 
 no doubt, to his choice of instruments. He had a keen eye for 
 men." — " But the secret of his good government lay mainly in the 
 
 ^'Green's Short Hist., ch. i, \ 5, p. 80; ting the island, but afterwards were em- 
 
 I Green's Hist, of Engl. Peop., cli. 3, p. ployed in new aggressions. The spirit 
 
 74. Wedmore is 130 miles from London. of Hastings began to bend in 896 and 
 
 ^8 Turner's Anglo Saxons, vol. II, book his formidable attempt terminated in 897^ 
 
 5, ch. 6, p. 121. Id. Mr. Turner observes that "the de 
 
 "Green's Short Hist., ch. i, \ 5, pp. fence of England against Hastings was a 
 
 °°> °'- greater evi'dence of Alfred's military. 
 
 38 Turner's Anglo-Saxons, vol. II, book talents than his triumph over the armies 
 
 5, ch. 6, p. 121 ; vol. I, book 4, ch. II, ^hich had harrassed the first part of his 
 
 P- 496. reign." Id. ch. 4, p. 516; I Green's 
 
 ^'Turner's Anglo Saxons, book 4, ch. Hist, of Eng. Peop., book i, ch! 3, pp- 
 
 II, p. 501 et seq. of edi. 1852. They gt g2. 
 seem iu' 894 to have contemplated quit- 
 
Danes, 838 to 901. 61 
 
 intense energy of Alfred himself." — " His activity was the activity of 
 a mind strictly practical."*" — He "was an exact economist of his time, 
 without which indeed nothing good can be achieved." " 
 
 " He had ' versatility and ingenuity ;' but it ' was controlled by a cool 
 good sense. Alfred was a thorough man of business. He was care- 
 ful of detail, laborious, methodical. He carried in his bosom a little 
 hand-book in which he noted things as they struck him."—" Each 
 hour of the day had its appointed task ; there was the same order in 
 the division of his revenue and in the arrangement of his court." *^ 
 
 "The burnt and wasted country saw its towns built again, forts 
 erected in positions of danger, new abbeys founded, the machinery of 
 justice and government restored, the laws codified and amended."" 
 
 6. Of Alfred as a legislator; his code of laws and other measures. 
 Of the king's participation in judicature; his separating the 
 judicial from the executing department of the law; and improv- 
 ing the administration of law and justice. How he protected the 
 independence, the purity and the rights of jurymen. 
 
 In an ancient law-book it is said " that Alfred caused the earls to 
 meet for the state of the kingdom, and ordained for a perpetual usage 
 that twice in the year, or oftener if need were, during peace, they 
 should assemble together at London to speak their minds for the 
 .gfuiding of the people; how to keep from offences; live in quiet, and 
 have right done them by ascertained usages and sound judgment."** 
 
 With the concurrence of his witena-gemot, or parliament, Alfred 
 made a codfe of laws, which has been called his Dom boc.*° On 
 
 *''Green's Short Hist., ch. I, ^ 5, pp. but also the principal provisions of the 
 
 81, 82. Mosaic legislation, contained in the three 
 
 *i Turner's Anglo-Saxons, vol. II, book chapters which foUovf the decalogue, 
 
 5, ch. 5, p. 108, and ch. 6, pp. 132, 133. with such modifications as were neces- 
 
 "Green's Short Hist., ch. I, § 5, pp. sary to adapt them to the Anglo-Saxon 
 
 81,82; I Green's Hist, of Engl. Peop., manners. In the laws attached to them, 
 
 •ch. 3, p 77. , he mentions that, with the concurrence of 
 
 ^'Id. p. 79. his witena-gemot, he had collected to- 
 
 ** Mirror, ch. I, ^ 2, cited in Turner's- gather and committed to writing the 
 
 Hist, of Anglo-Saxons, book 8, ch. 5, regulations which his ancestors had es- 
 
 pp. 186, 187 of vol. 3. tablished; selected such of them as he 
 
 *^ Wilkins's Leg. Sax., pp. 28-46 ; Pre- approved and rejected the rest. He adds, 
 
 face to 3 Rep., p. 19. "In this, for the that he had shewed them to all his 
 
 ■fast time, he introduced into the Anglo- witena, who declared that it pleased 
 
 Saxon legislation not only the decalogue, them all that these should be observed. 
 
62 Under Saxons and 
 
 regaining his throne, and with that the kingdom of Mercia, he had 
 taken means to prevent the Anglo-Saxons from infesting each otherwith 
 predatory depredations, and also to provide ah efficient force to repress 
 the Danes. Those means are by some stated to have been a modifica- 
 tion of the ancient provincial divisions of England, known as shires," 
 whereby they were divided into hundreds, and these into ten parts or 
 tythings ; " and whereby under these divisions the population of the 
 country was arranged, every person being directed to belong to some 
 hundred or tithing.*' 
 
 The concluding chapter of Asser's life of Alfred *' gives important 
 data, not only as to the participation of the king in judicature, but as 
 to the composition of the local courts in his time. The provincial 
 prefects who in Alfred's time were only sheriffs, were divided by him 
 into two officers, judges and sheriffs;' whereby he separated the 
 judicial from the executing department of the law, and provided an 
 improved administration of law and justice.^" He made his public 
 officers exert themselves for the benefit of all his kingdom, and was 
 inflexible in exacting from all a competence for their offices, com- 
 pelling them to learn to read and write, and to study literature.^' 
 
 To procure for his people the blessing of a correct and able admin- 
 istration of justice, he gave both the precept and the example. How- 
 ever burdensome the appeals from others to the king's judgment, he 
 
 Forty heads of laws then follow on the 2, pp. 71, 72; Id. appendix i, p. I64; I 
 
 most important subjects of the Anglo- Bl. Com., 114, Ii6; I Stubbs's Const. 
 
 Saxon jurisprudence and legislation, ob- Hist., pp. 85, 86; alsopp. 95, 96, and p. 
 
 viously tending to increase the national 99. As to the names of hundreds and 
 
 civilization." Turner's Hist, of Anglo- other places in Saxon times, see ch. 5 of 
 
 Saxons, book 5, ch. 6, p. 128 of vol. II, appendix 4, to Turner's Hist, of Anglo- 
 
 edi. 1852; Green's Short. Hist., ch. i, Saxons, vol. 2, edi. 1852, p. 496, f/«y. 
 ? 5> P- 81. ^Wx. Turner states how far the hun- 
 
 ^"Lord Coke states that "this realm dred and tithing were pledged, the con- 
 was divided into shires and counties, and sequences of the arrangement, and the 
 those shires into cities, boroughs and objections to it. Id. book 5, ch. 6, pp. 
 towns, by the Brittons; so that King 128, 129, 130. 
 
 Alfred's division of shires and counties «M. H. B. p. 497, cited in i Stubbs's 
 
 was but a renovation or more exact de- Const. Hist., ch. 7, p. 183, note 3. 
 scription of the same." Co. Lit., 168 a; 6» Turner's Hist, of Anglo-Saxons, 
 
 2 Inst. 71. book 5, ch. 6, pp. 129, 130, of vol. 3. 
 
 «Gilb. C. P., p. 2, of Introd. to 3d ' "id. p. 124. 
 edi. (Dublin, 1792); i Hume's Eng., ph. 
 
Danes, 838 to 901. 63 
 
 sacrificed his own comfort for the welfare of his subjects. With 
 great, discernment and wonderful patience he examined the disputes. 
 When he saw that the judges had erred, he called them mildly to 
 him and either personally or by confidential persons, enquired if they 
 had erred from ignorance, or malevolence, or avarice. When he 
 found that ignorance had produced a wrong decision, he rebuked the 
 judges for accepting an office for which they were unqualified, and 
 required them to improve themselves by study, or to abandon their 
 offices."^ 
 
 The Anglo-Saxons had juries,^' and Alfred was assiduous in pro- 
 tecting the independence, the purity and the rights of jur3'men. He 
 punished capitally judges for deciding criminal cases by an arbitrary 
 violation of the right of jury.^* 
 
 7. Whether in Alfred's reign there was a court of chancery. 
 
 To the Mirror, c. i, § 3, and also to c. 5, there is a reference in 4 
 Inst. 78 ; Lord Coke there citing ' what the Mirror saith, 'Le primer 
 
 ^2 Id. pp. 131, 132; Miroir des Jus- vol. 2). See Cam. Brit., p. log; preface 
 
 tices.p. 296, edi. 1642; I Lingard'sEngl., to 3 Rep., p. xi; preface to 8 Rep., p. 
 
 ch. 4, pp. 177, 178, Boston edi. 1853; xii, xiii; and Bishop Nicholson's preface 
 
 I Stubbs's Const. Hist., ch. 7, p. 183, to Wilkins's Leges Anglo-Saxonicse. 
 note 3. ^ " He hanged Cadwine, because he 
 
 ^ Turner's History of Anglo-Saxons, condemned Hachwy to death without the 
 
 appendix 3, ch. g, p. 464 of vol, 2. An- assent of all the jurors, in a case where 
 
 drew Home, whose work written in Nor- he put himself upon the jury of twelve 
 
 man French, in the time of Edward the men, and because Cadwine removed three 
 
 second, was printed in London, 1642, who wished to save him against the nine, 
 
 (and of which a translation appeared in for three others into whose jury this 
 
 1646,) has been attacked in Hickes's Hachwy did not put himself." — " He 
 
 Dissertatio Epistolaris, page 34 to 43, for hanged Markes, because he adjudged 
 
 making the institution of juries to be an- During to death by twelve men not 
 
 terior to the Conquest; but Home pro- sworn." — "He hanged Freberne, be- 
 
 fesses to have taken his facts from the cause he adjudged Harpin to death when 
 
 court records; and the objections of Dr. the jurors were in doubt about their ver- 
 
 Hickes are weakened by the considera- diet; for, when in doubt, we ought rather 
 
 tion that Lord Coke and Spelman be- to save than condemn." Mirror, pp. 
 
 fore, and Bishop Nicholson since, Hickes 296-298, cited in Turner's Hist, of An- 
 
 wrote, have maintained with others that glo-Saxons, book 5, ch. 6, p. 132 (of 
 
 the Anglo-Saxons had juries. Turner's vol. 2). 
 Anglo-Saxons, book 5, ch. 6, p. 132 (of 
 
■64 Under Saxons and 
 
 constitutions ordenus per les viels roys, &c., eidein fuit que chescun 
 est del chancery le ray brief remedial a son pleint sans difficultie.' 
 
 Thereupon Lord Coke says, " Hereby it appeareth that in the reign 
 of King Alfred there was a court of chancery out of which writs 
 remedial issued, which was not then instituted, but affirmed to be a 
 court then in esse, and enacted that out of that court writs remedial 
 should be granted without difficulty, which law continueth to this 
 day." 
 
 In 2 Inst., 553, 554, "you read that in the time of King Alfred 
 (who began to reign anno domini 872, and reigned twenty-nine years 
 and six months) he gave a pardon .to Wolston, and that it was en- 
 rolled in the court of chancery; which record Wolston vouched." 
 
 8. Alfred's efforts to extend his own and his people's knowledge, and 
 to improve English literature. Observations upon the vernacu- 
 lar literature growing up in and since the tenth century. 
 
 The extent to which there was in himself, and generally among the 
 people of Wessex, ignorance of learning, had been long lamented by 
 Alfred. When king he exerted himself to lessen that ignorance. 
 His predominant wish was the mental and moral improvement of his 
 countrymen.^^ 
 
 " He invited to his court the most distinguished scholars of his own 
 and of foreign countries. Plegmund and Weifroth, Ethelstan and Wer- 
 wulf visited him from Mercia ; John of old Saxony left the mon- 
 astery of Corbie for an establishment at Ethilingey ; Asser of St. 
 David's was induced by valuable presents to reside with the king 
 during six months in the year ; and an honorable embassy to Hine- 
 mar, archbishop of Rheims, returned with Grimbald, the celebrated 
 provost of St. Omer. With their assistance Alfred began in his 
 thirty-ninth year to apply to the study of Roman literature, and 
 opened schools in different places for the instruction of his subjects. 
 It was his will that the children of every freeman whose circumstances 
 would allow it, should acquire the elementary arts of reading and 
 writing; and that those who were designed for civil or ecclesiastical 
 employments should moreover be instructed in the Latin." ^° 
 
 55 Turner's Anglo-Saxons, book 5, ch. ^\ Lingard's Engl. ch. 4, p. 179, of 
 
 I, p. It, of vol. 2, edi. 1852; Id. book Boston ed., 1853. 
 5, ch. 6, pp. 121, 123, 125, 127, and pp, 
 134. 13s. note 42. 
 
Danes, 838 to 901. 
 
 65 
 
 Like this account from Lingard, and somewhat more in detail, is 
 that of Mr. Turner." He mentions Alfred's ascribing his acquisition 
 of the Latin language, to Archbishop Plegmund and those other learned 
 men,°* one of whom was Grimbald,™ and another, stated to have been 
 " of talents and acquisitions much superior," and called by Mr. Tur- 
 ner 'Johannes Erigena, or John the Irishman,'™ was no doubt the 
 same person whom Dr. Lingard calls 'John of Old Saxony"* The 
 
 ■5" Citing Asser, p. i6, Mr. Turner says 
 of Alfred : " His first acquisitions were 
 Werfrith, the bishop of Worcester, a man 
 skilled in the Scriptures; Plegmund, a 
 Mercian, who was made archbishop of 
 Canterbury, a wise and venerable man ; 
 Ethelstan and Werwulf, also Mercians 
 and priests. He invited them to his 
 court and endowed them munificently 
 with promotions; and by their inces- 
 sant exertions the studious passion of 
 Alfred was appeased. By day and by 
 night, whenever he could create leisure to 
 listen, they recited or interpreted to him 
 the books he commanded ; he was never 
 •without one of them near him, and by 
 this indefatigable application, though he 
 •could not himself understand the learned 
 languages as yet, he obtained " " informa- 
 tion which disclosed to him the vast re- 
 positories of knowledge of which he was 
 ignorant. The more he knew the more 
 tuition he craved." Turner's Anglo- 
 Saxons, book S, ch. I, pp. II, 12, of vol. 
 2, edi. 1852. 
 
 58 What Alfred had learned of Pleg- 
 mund, his archbishop, and of Asser, his 
 bishop, of Grimbald, his mass priest, and 
 of John, his mass priest, is alluded to in 
 the preface to Gregory's Pastoral, pub- 
 lished by Wise at the end of his life of 
 Asser, pp. 85, 86, and mentioned in Tur- 
 ner's Anglo-Saxons, book 5, ch. i, of 
 vol. 2, p. 18, edi. 1852. 
 
 59 "The priest and monk who had 
 treated him" (Asser) "kindly in his 
 journeys, and who is described as a re- 
 spected man, learned in the writings he 
 
 5 
 
 revered, adorned with every moral ex- 
 cellence, and skilled in vocal music." 
 Id. p. 12. Alfred " sent an honorable 
 embassy of bishops, presbyters, deacons 
 and religious laymen to Fulco, the arch- 
 bishop of Rheims, within whose district 
 Grimbald resided. He accompanied his 
 mission with munificent presents, and his 
 petition was that Grimbald might be per- 
 mitted to leave his functions in France and 
 to reside in England. The ambassadors 
 engaged for Alfred that Grimbald should 
 be treated with distinguished honour 
 during the rest of his life. The arch- 
 bishop, in his letter to Alfred, speaks 
 highly of the king's administration of 
 his government, and commends the merit 
 of Grimbald. Fulco adds that it was 
 with great personal pain that he permit- 
 ted him to be taken from France. The 
 liberality of Alfred overcame his reluc- 
 tance, and Grimbald became a king of 
 Wessex." Id. p. 14. 
 
 ^''"A monk of most penetrating intel- 
 lect, acquainted with all the treasures of 
 literature, versed in many languages and 
 accomplished in many other arts." Id. 
 p. 12. 
 
 'iln a note on p. 179 of i Lingard's 
 Engli, it is said: "John, abbot of Ethel- 
 ingey, has been often confounded with 
 Johannes Scotus Erigena. They were 
 different persons. Scotus, as his name 
 imports, was a native of Ireland; John, 
 the abbot, was a native of old Saxony 
 (Asser, 61,). Scotus was neither priest 
 nor monk (Mabellon Ssec. iv, tom. ii, p. 
 510,). John, the abbot, was both priest 
 
66 Under Saxons and 
 
 third was Asser, of Wales, who became the interesting biographer 
 who " translated and read to " Alfred " whatever books he wished 
 which were within" " reach," °^ and has noted the date (887) whien 
 Alfred obtained the happiness he had long coveted of reading the 
 Latin authors in their original language, and has described its occur- 
 
 He " often wondered ' that the illustrious scholars, who once flour- 
 ished among the English, and who had read so many foreign works, 
 never thought of transferring the most useful into their own language.' 
 To supply the deficiency, Alfred himself undertook the task. Of 
 his translations two were historical, and two didactic. The first were 
 the ecclesiastical history of the English, by Bede, and the epitome of 
 Orosius, the best abridgment of ancient history then extant " " 
 
 Alfred " was far more than a translator; he was an editor for the 
 people. Here he omitted, there he expanded. He enriched Orosius 
 by a sketch of the new geographical discoveries in the north. He 
 gave a West-Saxon form to his selections from Boeda. In one place 
 he stops to explain his theory of government, his wish for a thicker 
 population, his conception of national welfare as consisting in a due 
 balance of the priest, the soldier and the churl. The mention of 
 Nero spurs him to an outbreak on the abuses of power." *° 
 
 " Before him England possessed in her own tongue one great poem, 
 that of Caedmon, and a train of ballads and battle-songs." — " It seems 
 likely that the king's rendering of Boeda's history gave the first impulse 
 toward the compilation of what is known as the English, or Anglo- 
 Saxon Chronicle, which was certainly thrown into its present form 
 during his reign." — " Varying as it does from age to age, in historic 
 value, it remains the first vernacular history of any Teutonic people, 
 and save for the Gothic transls^tions of Ulfilas, the earliest and most 
 venerable monument of Teutonic prose." ^ 
 
 Mr. Stubbs observes that " the vernacular literature which " Alfred 
 
 and monk (Asser 47-61 ; Alfred's prsef. Gregory the Great." Lingard's Engl., 
 
 ad. Past., p. 85,). ch. 14, pp. 179, 180 of vol. I., Boston 
 
 ^2 Turner's Anglo-Saxons, book 5, ch. edi. 1852. As to Alfred's translations, 
 
 I, p. 13, of vol. 2, edi. 1852. see Turner's Anglo-Saxons, book 5, ch. ' 
 
 ^Id. p. 14. 2, p. 20, et seq., ch. 3, p. 67-74, ch. 4, p. 
 
 ^"Both works calculated to excite 85 et seq. of vol. II, edi. 1852; and 
 
 and gratify the curiosity of his subjects. Turner's Engl., book 2, ch. 2, pp. 210, 
 
 Of the others one was meant for general 211, edi. 1825. 
 
 reading, 'The Consolation of Philoso- ^^Green's Short Hist., ch. i, §5, p. 
 
 phy' by Boetius, a treatise deservedly. 83; i Green's Engl. Peop., book I, ch. 
 
 held in high estimation at that period ; 3, p. 80. 
 
 and the second was destined for the in- ^ Id. pp. 80, 81. 
 struction of the clergy, the Pastoral of 
 
Danes, 838 to 901. 67 
 
 " had founded, flourished continuously ; " that " the tenth century not 
 only is the great age of the chroniclers, but abounds in legal and discip- 
 linary enactments in the native tongue.'"" and that "since the time of 
 Alfred a national literature has been growing up, of which the very 
 fragments that have survived the revolution of conquest and many 
 centuries of literary neglect, are greater than the native contempora- 
 neous literature of any other people in Europe." In his opinion " no 
 other nation possesses a body of history such as the Anglo-Saxon 
 Bede and the Chronicles."^* 
 
 9. Of Alfred's general character ; how he suffered in life ; and 
 when he died. 
 
 Alfred's regard for truth was deep-seated. An author living at the 
 period of the Norman conquest, and mentioning kings with short 
 appropriate epithets, names Alfred with the simple but Expressive 
 addition of 'the truth teller.'*' "The desire for knowledge, that in- 
 born instinct of the truly great which no gratifications could satiate, 
 no obstacles discourage, never left him but with life." ™ " The love 
 of study," gradually bringing to his view the anterior ages of human 
 history and all their, immortalized characters, the spark of moral emu- 
 lation kindled within him ; he strove for virtues which he could not 
 else have conceived ; he aspired to the fame which only these will 
 bestow ; and became a model of wisdom and excellence himself for 
 other generations to resemble." '^ 
 
 " Perhaps there is no example of any man who so happily com- 
 bined the magnanimous with the mild virtues, who joined so much 
 energy in war, with so remarkable a cultivation of the useful and 
 beautiful arts of peace, and whose versatile faculties were so happily 
 inserted in their due place and measure as to support and secure 
 each other, and give solidity and strength to the whole character." 
 
 Sir James Mackintosh, after thus speaking of Alfred, uses language 
 common to him with Marcus Aurelius : 
 
 ^' I Stubbs's Const. Hist., ch. 8, pp. Saxons, book 5, ch 5, p. 120 of vol. 
 
 240, 241 and 242, 243. II, edi. 1852. 
 
 ^Id. ch. 7, p. 215. '"Id. ch. I, p. 9. 
 
 ^ Hermanni Miracula Edmundi ) "Id. book 5, ch. I, p. 7 and 10; also 
 
 script , 1070; cited in Turner's Anglo- book 4, ch. 5, pp. 433, 434 of vol. I. 
 
68 Under Saxons and 
 
 " Both furnish an useful example that study does not disqualify for 
 administration in peace or for vigour in war, and that scrupulous vir- 
 tue may be combined with vigorous policy. The lot of Alfred for- 
 bad him to rival the accomplishments of the imperial sage. But 
 he was pious without superstition ; his humbler knowledge was im- 
 parted with more simplicity ; his virtue was more natural ; he had the 
 glory to be the deliverer as well as the father of his country ; and he 
 escaped the unhappiness of suffering his authority to be employed in 
 religious persecution." " 
 
 It is not extraordinary that such a man as his kinsman, St. Neot, 
 should have led Alfred's mind to favorable impressions of sincere 
 religion."" — " But he was no mere saint. He felt none of that scorn 
 of the world about him which drove" "souls of his day to monastery 
 or hermitage."'* 
 
 " Cynicism found no echo in the large and sympathetic temper of 
 .iElfred. He not only longed for the love of his subjects, but for the 
 remembrance of 'generations' to come. Nor did his inner gloom 
 and anxiety check for an instant his vivid and versatile activity." " 
 
 " Of the narrowness, of the want of proportion, of the predomi- 
 nance of one quality over another, which goes commonly with an 
 intensity of moral purpose, Alfred showed not a trace. Scholar and 
 soldier, artist and man of business, poet and saint, his character kept" 
 a " perfect balance." ™ "But full and harmonious as his temper was, 
 it was the temper of a king. Every power was bent to the work of 
 rule. His practical energy found scope for itself in the material and 
 administrative restoration of the wasted land. His intellectual activ- 
 ity breathed fresh life into education and literature. His capacity for 
 inspiring trust and affection drew the hearts of Englishmen to a com- 
 mon centre and began the upbuilding of a new England. And all 
 was guided, controlled, ennobled, by a single aim. 'So long as I 
 have lived,' said the king, as life closed about him, ' I have striven 
 to live worthily.' Little by little men came to know what such 
 a life of worthiness meant. Little by little they came to recog- 
 nize in Alfred a ruler of higher and nobler stamp than the world 
 had seen."— "If the sphere oi his action seems too small to justify 
 the comparison of him with the few whom the world owns as its 
 greatest men, he rises to their level in the moral grandeur of his 
 
 " I Mackintosh's Engl., ch. 2, pp. 4^, quisitive character could obtain." Id. p. 
 
 45, edi. 1830. 117. 
 
 "Turner's Anglo-Saxons, book 5, ch. "i Green's Hist, of Engl. Peop., ch. 
 
 5, pp. 117, 118, 119, of vol. II, edi. 1852. 3,p.75- «Id.p.76. 
 
 His mind was ■•formed to that admira ™Id. p. 77. Mr. Green's words are, 
 
 ble combination of great piety with great " That perfect balance which charms us 
 
 wisdom, enlarged intellect, liberal feel- in no other Englishman save Shakspere." 
 ing, and as much knowledge as his in- , Ibid. 
 
Danes, 838 to 901. 69 
 
 life. And it is this which has hallowed his memory among his 
 own English people. 'I desire,' said the king, in some of his 
 latest words, ' I desire ,to leave to the men that come after me a 
 remembrance of me in good works.' His aim has been more than 
 fulfilled." — " The instinct of the people has clung to him with a singu- 
 lar affection. The love which he won a thousand years ago has 
 lingered round his name from that day to this. While every other 
 name of those earlier times has all but faded from the recollection of 
 Englishmen, that of .(Elfred remains familiar to every English 'child.''" 
 
 What Alfred accomplished was done during a life which was lite- 
 rally a life of disease." It may be repeated as " not among the least 
 admirable circumstances of this extraordinary man, that he withstood 
 the fiercest hostilities that ever distressed a nation, cultivated litera- 
 ture, discharged his public duties, and executed all his schemes for 
 the improvement of his people, amid a perpetual agony, so distress- 
 ing that it would have disabled a common man from the least exer- 
 tion."" 
 
 Alfred died on the 26th day of October, in the year (according to 
 the most probable computation) 901.^° Of the transfer of his re- 
 mains to the new minster at Winchester there is mention in the next 
 chapter.'^ 
 
 "l Lingard's Engl., ch. 4, pp. 180, "id. pp. 133, 134. 
 
 181; I Green's Short Hist., ch. I, J 5, ^Turner's Anglo-Saxon^, book 4, ch. 
 
 p. 80; I Green's Hist, of Engl. Peop., 11, p. 517 of vol. I, edi. 1852; i Mack- 
 
 ch. 3, pp. 77, 78. intosh's Engl., ch. 2, p. 45, of Philadel- 
 
 ™Tumer's Anglo-Saxons, book 5, ch. phia edi. 1830; Pinnock's Guide ta 
 
 I, p. 9, and ch. 6, p. 133 of vol. II, edi. Knowledge (for 1835) p. 100. 
 
 1852. *'At the end of the first section. 
 
70 
 
 Under Saxons and 
 
 CHAPTER IV. 
 
 INSTITUTIONS OF ENGLAND FROM THE DEATH OF 
 ALFRED THE GREAT (901) UNTIL THE NORMAN CON- 
 QUEST (1066). 
 
 I. During the reign of Edward the elder, poi to ^24. 
 
 Alfred was survived by several of his children.' His eldest son, 
 Edward, received from him instructions which are noticed for their 
 pathetic simplicity and political wisdom, and the proof which they 
 afford of Alfred's anxiety for the welfare of his subjects.^ Edward 
 was chosen by the nobles as their king.' He had distinguished him- 
 self against Hastings; but warrior as he "had shown himself, he" 
 inclined "to his father's policy of rest;* more, it seems, than some of 
 his father's children did."' It maybe that it was not till 910 that. 
 
 lEthelfleda, Edward, Ethelgiva, Al- 
 fritha, and Ethelweard. Ethelfleda, the 
 eldest, a woman of superior mind, be- 
 came the wife of Ethered, the governor 
 of Mercia. Edward and Alfritha were 
 educated in the royal court with great 
 attention. Alfritha married Baldwin the 
 Bald (son of Baldwin with the Iron 
 Arm, and of Judith, mentioned in ch. 3, 
 \ 2, p. 56) ; their offspring was Arnulf, 
 from a descendant of whom was born Ma- 
 tilda, the wife of 'William, the Conquer- 
 or. Alfred's youngest son, Ethelweard, 
 received a sort of public education; he 
 was committed to the care of proper 
 teachers, with almost all the noble chil- 
 dren of the province, and with many of 
 inferior ranks. They were all assidu- 
 ously instructed in Latin and Saxon; 
 
 they learned also the art of writing. I 
 Lingard's Engl., ch. 4, p. 153; Turner's 
 Anglo-Saxons, book 5, ch. 5, of vol. II, 
 pp. 103, 104, 105. Ethelweard, who be- 
 came celebrated for his learning, lived 
 21 years after his father and died in 922. 
 Id. p. 106. 
 
 2" Strive to be a father and a lord to 
 thy people. Be thou the children's 
 father and the widow's friend. Comfort 
 Ihou the poor and shelter the weak; and 
 with all thy might, right that which is 
 wrong. And son, govern thyself by 
 law." Id. p. 105. 
 
 "A primatis electus. Id. book 8, ch. 
 I, p. 131 of vol. III. 
 
 ■•l Green's Hist, of Engl. Peop., book 
 I, ch. 3, p. 82. 
 
 SHenVy of Huntingdon, book 5, pp. 
 162, 163. 
 
Danes, 901 to 1066. 71 
 
 upon a fresh rising of the Northmen, Alfred's children girded them- _ 
 selves to the conquest of what, since the peace of Wedmore, (men- 
 tioned in ch. 3, § 4, p. 59) was called ' Danelagh.' " 
 
 "While Eadward bridled East Anglia, his sister, ^thelflaed, in 
 ■whose hands jEthelred's death left English Mercia, attacked the ' Five 
 Boroughs." "Each of these 'Five Boroughs' seems to have been 
 Tuled by its earl with his separate 'host;' within each twelve 'lawmen' 
 •administered Danish law, while a common justice-court existed for 
 the whole confederacy." * 
 
 " The brilliancy of his sister's exploits had," for a time, " eclipsed 
 those of the king, but" Eadward "was a vigourous and active ruler;" 
 "on the death of ^thelflaed, in 918, he came boldly to the front." 
 
 "Annexing Mercia to Wessex, and thus gathering the whole strengjth 
 ■of the kingdom into his single hand, he undertook the systematic re- 
 ■duction of the Danelagh;" and had made great progress "when, in 
 924, the whole of the north suddenly laid itself at his feet. Not merely 
 Northumbria, but the Scots and the Britons of Strathclyde ' chose him 
 to be father and lord."" 
 
 Edward died in 924, or 925. His eldest, though perhaps illegiti- 
 mate, son, was Athelstan. Edward left by one marriage two sons, 
 Ethelward and Edwin, and six daughters ; and by another marriage 
 two sons, Edmund and Edred, and three daughters. His sons re- 
 ceived the best Uterary education of the day. Ethelward, the eldest 
 of the sons by the first marriage, died in a few days after his father.'" 
 
 ^Id. p. 16410167; I Green's Hist, of ter the Middle English, Stamford the 
 
 Engl. Peop., ch. 3, p. 82. " Danelagh," province of the Gyrwas, Nottingham 
 
 as it was called, embraced Northumbria, probably that of the Southumbrians." 
 
 East Anglia, and Gentral England, " east i Green's Hist, of Engl. Peop., ch. 3, 
 
 of a line which stretched from Thames' p. 82. 
 mouth along the Lea to Bedford, thence *Id. p. 82. 
 
 along the Ouse to Watling street and by 'Henry of Huntingdon, p. 164 to 168; 
 
 Watling street to Chester.'' Id. p. 75. i Lingard's Engl., ch. 4, pp. 193, 194; 
 
 The Roman military road from Dover to Turner's Anglo-Saxons, book 6, ch. i, p. 
 
 Chester (a part of which still remains) 148 of vol. II ; l Green's Hist, of Engl, 
 
 was named by the Saxons Watling street. Peop., book i, ch. 3, pp. 82, 83. 
 Keightley's Englaild,vcA.. I, p. 29, ». 1° Henry of Huntingdon, book 5, p. 
 
 '"Which had taken the place of the 169; Turner's Anglo-Saxons, book 6, ch. 
 
 old Mercian kingdom. Derby repre- i, pp. 149, 150 of vol. 2. To the new 
 
 sented the original Mercia on the upper minster at Winchester — the most impor- 
 
 Trent, Lincoln the Lindiswaras, Leices- tant of the religious foundations in Ed- 
 
72 Under Saxons and 
 
 ■2. The reign of Athelstan, g24 to 941. His course as a legislator. 
 Whether he had a chancellor. Athelstan' s character, influence 
 and fame. 
 
 Athelstan's mother, a shepherd's daughter of extraordinary beauty, 
 is mentioned as the partner of Edward's throne, and as regi consors}^ 
 Athelstan was only six years of age when his grandfather died. Yet, 
 interested by his beauty and manners, Alfred had thus early invested 
 him with the dignity of knighthood and made him presents." His 
 aunt, Ethelfleda, and her husband, superintended his eduaction, and 
 Athelstan's attainments reflected honour on their attentions.'' When 
 thirty years of age (924 or 925) the sceptre passed to him ; and he 
 was crowned at Kingston." 
 
 His predecessors, till Alfred's reign, had been styled kings of Wes- 
 sex. That monarch and his son, Edward, assumed a more extensive 
 title. Athelstan called himself sometimes king of the English, and 
 at other times claimed the more pompous designation of king of all 
 Britain. The king of Scots (in 934) sought to free himself from 
 dependence on the English monarch, but Athelstan's power was irre- 
 sistible." A few years afterwards there was against him a formidable 
 confederacy ; but in 938, at Brunanburgh, in Northumbria, Athelstan, 
 assisted by his brother Edmund, obtained a victory which confirmed 
 his ascendency.'^ After this battle " he was the immediate sovereign 
 
 ward's time — he had caused Alfred's re- Turner's Anglo-Saxons, book 5, ch. 2, p. 
 
 mains to be transferred; and therein the 151 of vol. 2. 
 
 remains' of Alfred's son Edward and of '^^ Id. The father's care that Athelstan 
 
 his grandson Ethelward were deposited. should have 'a lettered education'; and 
 
 Id. book 6, ch. 2,- p. 151 of vol. 2; i 'a little catalogue of his books extant,' 
 
 Lingard's Engl. ch. I, p. 195. in Saxon characters in the Cotton Li- 
 
 " Dr. Lingard thinks the inference that brary, are noticed in Id. book 6, ch. 2, 
 
 Athelstan was illegitimate is weakened p. 176. 
 
 by the testimony of a cotemporary poet- "By Athelin (successor of Plegmund), 
 
 ess, who speaks of his mother as the archbishop of Canterbury, /^. p. 151 ; i 
 
 partner of Edward's throne; from Ros- Lingard's Engl. ch. 4, p. 195. 
 
 witha de gestis, Odon p. 165, he cites the '^ i Lingard's Engl. ch. 4, pp. 197-202. 
 
 words regi censors as showing that she ^^ By the northmen He was distinguished 
 
 was the king's wife, i Lingard's Engl. with the appellation of ' the conqueror,' 
 
 ch. 4, pp. 195, 196, and note. Id. p. 201. " His victory was celebrated 
 
 I'' Of a purplevestment, a jewelled belt in an Anglo-Saxon poem still extant, the 
 
 and a Saxon sword with a golden sheath. earliest of the few metrical materials of 
 
Danes, 901 to 1066. 73 
 
 of all England ; he was even nominal lord of Wales and Scotland." " 
 
 "The British princes no longer disputed his authority; the chief- 
 tains of the East Anglian and Northumbrian Danes who, under a 
 nominal vassalage, had so often maintained a real independence,, 
 entirely disappeared, and all the countries originally conquered and 
 colonized by the different Saxon tribes, became united under the 
 same crown." ^* 
 
 "As a legislator," Athelstan . " was anxious to suppress offences, to 
 secure an impartial administration of justice, and to preserve the 
 standard coin of the realm in a state of purity. With this view he 
 held assemblies of the Witan at Greatly, Faversham, Exeter and 
 Thundersfield ; ^' associations were formed under his auspices for the 
 protection of property, and regulations were enacted respecting the 
 apprehension, the trial, and the punishment of malefactors. Negli- 
 gence in the execution of the laws was severely chastised." ''" 
 
 Lord Coke, speaking of the kings who had chancellors, mentions- 
 ' King Athelstane' as having 'Wolsine.'^' 
 
 Beyond the British isle the fame' of Athelstan's talents, accomplish- 
 ments and successes extended: he was regarded with respect by for- 
 eigners, had friendly correspondence with foreign courts, and his 
 influence was felt upon the continent.''"' Princes destined to act im- 
 portant parts in Europe were by him educated and established.''^ 
 
 He is described as liberal and charitable;'* Dr. Lingard gives no 
 
 English history.'' i Mackintosh's Engl. he were a thief." Turner's Anglo- 
 
 ch. 2, p. 52, of Phila. edi. 1830. Saxons, vol. II, appendix No. 3, ch. 7,, 
 
 "Turner's Anglo-Saxons, book 6, ch. p. 458; citing Wilkins, p. 60 and p. 136. 
 
 2, p. l6l to 163 of vol. II. Mr. Tur- ™ i Lingard's Engl., ch. 4, p. 206. 
 
 ner mentions that he " improved Exeter "A thane paid to the crown a fine of 
 
 which he separated from the British sixty shillings : a superior magistrate was 
 
 kingdom of Cornwall." Id. p. 176. amerced in double that sum, with the 
 
 Wl Lingard's Engl., ch. 4, pp. 201, forfeiture of his office. Id. p. 206. 
 
 202. It has been said that "to Athel- 2^4 Inst. 78. 
 
 Stan belongs the glory of having estab- ^^i Lingard's Engl., ch. 4, p. 202;. 
 
 lished what has ever since been called Turner's Anglo Saxon's, book 6, ch. 2, 
 
 the kingdom of England." /iid. But pp. 151, 152, p. 161 to 164, pp. 175, 176 
 
 such does not appear to be Mr. Green's of vol. II. 
 
 view. Short Hist., ch. i, J 6, pp. 85, ^'i Lingard's Engl., ch. 4, p 202 to 
 
 86; I Hist, of Engl. Peop., ch. 3, p. 84. 204; Turner's Anglo-Saxons, book 6, 
 
 19 I Lingard's Engl., ch. 4, p. 206. ch. 2, p. 164 to 174 of vol. 2, and ap- 
 
 By his laws "punishments were ordered pendix p. 179 to 190. 
 
 to those who refused to attend gemots. ^*i Lingard's Engl., ch. 4, p. 2o5i 
 
 Every man was to have peace in going Turner's Anglo-Saxons, book 6, ch. 2, p. 
 
 to the gemot and returning from it, unless 176 to 178 of vol II. 
 
74 Under Saxons and 
 
 credit to the tale of his memory being ' stained with the murder of his 
 brother ' Edwin.^* Turner (who speaks of this stain) regards Athel- 
 stan as ' a great and illustrious character — as amiable as great.' ^ 
 
 In the year 941 Athelstan died, regretted by his subjects and ad- 
 mired by surrounding nations." 
 
 J. Of Turketil who, under his cousins, was the king's chancellor or 
 secretary ; of the reigns, ist, of Edmund the elder — g^i to 946; 
 2nd, Edred — 946 to 955 ; 3rd, Edwin — 955 to g§g. Whether 
 Dunstan's office under Edred was like that of later chancellors. 
 Censure of him and Archbishop Odo for their -conduct to Edwin 
 and his queen. 
 
 Athelstan, leaving no children, was succeeded, not by a son, as Mr. 
 Green seems to suppose,'* but by the oldest of the two surviving 
 brothers named in the last paragraph of § i, p. 71,'" to-wit: Edmund, 
 then little if any over eighteen, but called Edmund the elder.'" He 
 was killed in 946, and left two sons, Edwy and Edgar, of whom the 
 eldest was then not more than nine years of age.'' 
 
 On account of their childhood they were passed by and their uncle 
 Edred was chosen king. The measures of his reign spoken of by 
 Lingard"' and Turner," are supposed to have been much influenced 
 by the councils of two favorite ministers, one of whom was Turketil, 
 
 2*1 Lingard's Engl., ch. 4, pp. 198, soxurner's Anglo-Saxons, book 6, ch. 
 
 199. 3, p. 191 to 195 of vol. II; I Lingard's 
 
 ^^Turner's Anglo Saxons, book 4, ch. Engl., ch. 4, pp. 208, 209. 
 
 ii, pp. 177, 178 of vol. II. 'lAt Pucklekirk in Gloucestershire. 
 
 "The abbey of Malmsbury, where Id. pp. 209, 210. When " this victorious 
 
 he had deposited the remains of his king had reigned gloriously " " all things 
 
 cousins M\imn and Ethelwin (who fell happening prosperously, he was traitour- 
 
 at Brananburgh), was chosen by him as, ously stabbed on St. Augustine's day." 
 
 and it became, the place of his sepulture. Henry of Huntingdon, book 5, p. 172. 
 
 I Lingard's Engl., ch. 4, p. 205 to 207. May 26 is the day of " St. Augustine B. 
 
 2*1 Green's Hist, of Engl. Peop., ch. C. apostle of England;" August 28, of 
 
 3, p. 84. " St. Augustine, bishop and confessor, 
 
 2' Of the brothers there named by their doctor of the church.'' 
 
 father's first marriage, Ethelward died '* I Lingard's Engl., ch. 4, p. 210 to 
 
 soon after his father; and Edwin was 212. 
 
 drowned at sea in 933. Henry of Hunt '' Turner's Anglo-Saxons, book 6, ch. 
 
 ingdon, book 5, note 4, p. 169 of Fores- 4, p. 198. 
 iter's edi. 1853. 
 
Danes, 901 to 1066. 
 
 75 
 
 a clergyman of royal descent (eldest son of Ethelward and grandson 
 of Alfred), who had the office of chancellor or secretary to the king, 
 under more than one of his cousins ; perhaps under Edward the elder 
 and under Athelstan; certainly under Edmund and Edred." The 
 other favorite was Dunstan,'^ who having served during several years 
 the church of Glastonbury, was by Turketil recommended to the 
 favour of Edmund (by whom Glastonbury, with its possessions, was 
 bestowed on him), and was chosen by Edred for his confidential 
 friend and counsellor. To him the " king sent all his choicest treas- 
 ures and those amassed by the preceding sovereigns, to be kept in 
 his monastery under his inspection.'' In some respects his office 
 "under Edred" may "have been very much like that of the later 
 chancellors." ^° 
 
 As to some matters affecting Dunstan, the statements of Lingard" 
 and Green ^* vary from those of two other historians. If the real 
 state of facts be as supposed by these two (Hallam and Turner), then 
 there is great force in their view, which is, in substance, as follows : 
 
 Upon Edred's death, in 955,'° his nephew, Edwin (called often 
 
 ^4. Inst. 179; 1 Lingard's Engl., ch. 
 4, p. 212; I Campbell's Lives of the 
 Chancellors, p. 31 to 33. The important 
 part which he acted in the battle of 
 Brunanburgh is noticed both by Lingard 
 (ch. 4, p. 201) and Turner (book 6, ch. 
 2, p. 160). The former states that when 
 he obtained (soon after 952) the king's 
 permission to quit hi'^ office and retire 
 to and restore the monastery of Croy- 
 land, there was in the king's new grant 
 an exception from the privilege of sanc- 
 tuary ; Turketil refusing it ' as a violation 
 of justice and an incentive to crime.' 
 In discharging the duties of abbot he 
 spent the remainder of his life; which 
 ended in 975. i Lingard's Engl., ch. 4, 
 p. 213. A different man is mentioned as 
 Turketil in Turner's Anglo-Saxons, book 
 6, ch. 9, p. 272 of vol. II, and as 
 Thurchil in i Lingard's Engl., ch. J, p. 
 245. He is noticed post, in ^ 5 as a 
 Danish commander. 
 
 2^ He was nearly related to Athelm, 
 archbishop of.Canterbury, and to Elphcga, 
 bishop of Winchester, and was intro- 
 duced by them to the court of King 
 Althelstan. I Lingard's Engl., ch. 4, p. 
 214. 
 
 56 What is said in i Spence's Eq. Jur., 
 p. 78 (n.) t. as to 'Turketil, Edward the 
 elder's chancellor,' miy be compared, 
 with the language in i Stubbs's Const. 
 Hist., ch. II, p. 352, note l, as to " the 
 office held by Dunstan under Edred." 
 
 "Vol. I, ch. 4, p. 214 et se^. 
 
 '' I Green's Short Hist., ch. I, § 6, pp. 
 86, 87, 88; I Green's Hist, of Engl. 
 Peop., ch. 3, p. 84 to 86, and ch. 4, pp. 
 
 95. 96. 
 
 '' His constitution had been enfeebled 
 by disease. He was buried at Winches- 
 ter November 23, 955. Turner's Hist, 
 of Anglo-Saxons, book 6, oh. 4, p. 198 
 of vol. II, edi. 1852. 
 
76 Under Saxons and 
 
 Edwy and sometimes Eadwig), was by the unanimous voice of the 
 witan chosen king; though not more than i6 or 17 years of age.** 
 Having Elgiva (or Ethelgiva) for his wife, he had retired after the 
 ceremony of the coronation, and was in company with her and her 
 mother, when on his retirement there was intrusion; and for his 
 rights as a man and his dignity as a sovereign a want of d-ue regard 
 by Odo (archbishop of Canterbury) and Dunstan. Whether the 
 king's marriage was within the prohibited degrees of affinity or 
 not — whether or no the woman was to be ranked as a mistress," or 
 might be divorced on the plea of kinship, or on any other ground, 
 we may well adopt Mr. Hallam's opinion, that "upon the supposition 
 least favorable to the king, the behaviour of Archbishop Odo and St. 
 Dunstan was an intolerable outrage of spiritual tyranny" — that, 
 " queen or no queen, wife or no wife, it was not the business of a 
 priest to tear his sovereign from her society, and much less to maim 
 or murder her." " 
 
 The course to her was brutal in the extreme,*^ and for it there 
 should have been punishment. 
 
 Elgiva, " naturally incensed, procured the banishment of Dunstan. 
 In his absence, Odo, archbishop of Canterbury, sent armed men, who 
 tore her from her husband's residence and carried her a prisoner to 
 Ireland, where her face was branded with red-hot irons, in order to 
 destroy her fatal attractions. When her wounds were healed, she 
 returned in all her beauty; and being found at Gloucester, by bands 
 of the opposite party, who hamstrung her, she was soon released 
 from her sufferings by death." " 
 
 Mr. Turner speaks of the Mercians and Northumbrians having 
 
 ^'i Lingard's Engl, ch. 5, p. 215. 1 *2 Hallam's Mid. Ages, ch. 7, pp. 415,. 
 
 Mr. Turner says, "For Edwin to hive 416 of Phila. edi. 1824. 
 
 been 16 at his accession, his father must ^^ Turner's Anglo-Saxons, book 6, ch. 
 
 have been married at 15, because Ed- 5, p. 215 to 220 of vol. II, edi. 1852. 
 
 mund was 18 in 941." Turner's Anglo- ** i Mackintosh's Engl., ch. 2, pp. 54, 
 
 Saxons, book 6, ch. 5, p. 199, note 2. 55 of Phila. edi. 1830. Sir James 
 
 "As to whether she was wife or mis- Mackintosh says, "There appears no 
 
 tress, different views have been expressed. proof that the archbishop, far less Dun- 
 
 I Hume's Engl., ch. 2, p. 88 to 90 of N. stan, who was in Flanders, gave any 
 
 Y. edi. 1850 ; I Lmgard's Engl., ch. 5, orders for these atrocities, which, how- 
 
 p. 2i6; Turner's Anglo-Saxons, book 6, ever, were perpetrated by their adherents, 
 
 ch. 5, p. 215. and praised by their encomiasts." Id, 
 
 P-SS- 
 
Danes, 901 to 1066. 77 
 
 rebelled, and appointed Edgar (Edwin's brother), a boy but 13 years 
 of age, to govern them — of Dunstan being recalled, and of the king- 
 dom being divided between Edwin and Edgar; and says: 
 
 Edwin's " catastrophe was a misfortune both to England and Eu- 
 rope. It made the enmity of the ecclesiastical power an object of 
 terror. It exhibited a precedent of a king insulted, injured, per- 
 secuted and dethroned by the agency or effects of sacerdotal en- 
 mity."" 
 
 It may be that Edwin was killed in Gloucestershire ; or that, " un- 
 able to endure unmerited odium, deprivation of power, a brother's 
 rebellion and the murder of his beloved wife, he sunk pining into 
 death." His life ended in 959.*° 
 
 4. Of the laws and administration of justice in Edgar's reign (pjrp 
 
 to 97J); especially of Dunstan, archbishop of Canterbury and 
 prime minister. 
 
 Edgar," at the age of 16, succeeded to all the Anglo-Saxon domin- 
 ions." Mr. Hume says : 
 
 The chief means by which Edgar maintained his authority and 
 preserved public peace, was the paying of court to Dunstan and the 
 monks who had at first placed him on the throne, and who, by their 
 pretensions to superior sanctity and purity of manners, had ac- 
 quired an ascendant over the people. — " The king and the bishops 
 found such advantages in their mutual agreement that they always 
 acted in concert."*' 
 
 Lord Coke, speaking (in 4 Inst., 79,) of the kings who had chan- 
 cellors, says " King Edgar had Adulph." Who is the person meant 
 by Lord Coke, or that was Edgar's chancellor, does n9t clearly 
 appear. 
 
 Odo having died in Edwin's time, Dunstan was elevated by Edgar 
 
 *5 Turner's Anglo-Saxons, book 6, ch. he was educated; it is said their four 
 
 5, pp. 220, 221 ; see also I Lingard's sons Ethelwold, Alfwold, Athelsin and 
 Engl., ch. 5, p. 220. Ailwin were long his favorite counsellors. 
 
 ** Turner's Anglo-Saxons, book 6, ch. 1 Lingard's Engl., ch. 5, p. 220. 
 5, p. 220. <*Id. pp. 221, 222; Turner's Anglo- 
 
 *' When very young he lost his mother Saxons, book 6, ch. 6, p. 222 of vol. II, 
 
 and was by his father entrusted to the and book 8, ch. i, p. 130 of vol. III. 
 care of the wife of Athelstan, an East- ■" i Hume's Engl., ch. 2, p. 90 to 93. 
 
 Anglian ealdorman. With their children 
 
78 Under Saxons and 
 
 to the see of Canterbury, and was succeeded in the bishopric of 
 Worcester by Oswald, nephew of Odo. Three years afterwards 
 Ethelwold, abbot of Abingdon, who had been bred up by Dunstan, 
 was raised to the see of Winchester. Dunstan, Oswald and Ethel- 
 wold were the king's counsellors and friends. A pleasing part of 
 Ethelwold's character was his attention to the literary education of 
 the youth at Winchester; and Dunstan is admitted to have had a 
 taste for knowledge and the civilizing arts.*" As to other attributes 
 of his character and the policy of Edgar's government, there is dif- 
 ference of opinion.^' 
 
 "The actual direction of affairs lay in the hands of Dunstan, whose 
 elevation to the see of Canterbury set him at the head of the church 
 as of the state." ^'^ 
 
 For Edgar's conduct in the indulgence of his animal passions, 
 though it was infinitely worse than that of Edwin, the archbishop 
 merely reproved him and required him to submit to a course of 
 penance ; the punishment was very slight in comparison with that 
 inflicted on Edwin and Elgiva.*' 
 
 Mr. Green observes, " It was not till Eadgar's (Edgar's) day that 
 the name of Britain passed into the name of Engla-land, the land of 
 Englishmen, England."" 
 
 Mr. Turner regards Edgar as " the king of a prosperous nation in 
 a fortunate era ; " and thinks that " abstracted from his vices," Edgar 
 " may be ranked in the superior order of our Saxon sovereigns." ^ 
 
 5" I Lingard's Engl., ch. 5, p. 221 ; 226 of vol. II; Id. p. 230; i Green's 
 
 Turner's Anglo-Saxons, ch. 6, pp. 223, Hist, of Engl. Peop., ch. 4, p. 95 et seq. 
 224, 225 of vol. II. "Dunstan him- 52 Green's Short Hist , ch. I, ^ 6, p. 
 
 self while Abbot, was ifamous as a 88; I Green's Hist, of Engl. Peop., ch. 
 
 teacher; j?ithelwold raised Abingdon 4, p. 95. 
 
 into a school second only to Glastonbury. ^^ i Hume's Engl., ch. 2, p. 93 to 96 ; 
 
 Abbo, the most notable scholar in Gaul, 1 Lingard's Engl., ch. 5, pp. 230, 231 ; 
 
 came from Fleury, at the Primate's invi- Turner's Anglo-Saxons, book 6, ch. 6, 
 
 tation." Green's Short Hist., ch. i, | 6, pp. 228, 229, of vol. 2, edi. 1852. 
 
 P-88. ", Green's Hist, of Engl. Peop.,. ch. 
 
 »' I Hume's Engl., ch. 2, p. 90 to 93 4, p. 96. 
 of New York edi. 1850; i Lingard's ^sxurner's Anglo-Saxons, book 6, ch. 
 
 Engl., ch. 5, p. 221 et seq.; Turner's 6, pp. 231, 232, of vol. 2, edi. 1852. 
 Anglo Saxons, book 6, ch. 6, p. 222 to 
 
Danes, 901 to 1066. 79- 
 
 The spirit of his legislation is good.^" The preamble of his secu- 
 lar laws declares that every man shall be worthy of folkright, poor 
 as well as rich ; and the penalties for unrighteous judgment, with the 
 promise of redress by the king in the last resort, immediately fol- 
 low." His judicial circuits may have been copied from Alfred's 
 practice. The tradition is, that Edgar was occupied in the winter 
 and spring in going through the provinces and enquiring into the 
 observance by the magistrates of the laws of the nation and his own 
 decrees.^ About this Dr. Lingard speaks particularly.*" He says : 
 
 " In the internal administration of the government, Edgar exhib- 
 ited an example worthy the imitation of future kings. He usually 
 spent the winter months in making progresses through the different 
 counties, everyTvhere reforming abuses, enquiring into the conduct of 
 the magistrates, and listening to the complaints of the people. He 
 was most anxious that the poor should obtain justice equally with the 
 rich. By his authority family feuds were suppressed and men were 
 compelled to submit the decision of their quarrels to the legal tribu- 
 nals. He restored the coinage to its legitimate weight and purity, 
 enforced the punishment of exile against malefactors convicted of 
 atrocious offences, and almost extinguished the crime of robbery by 
 the vigilance with which he caused the guilty to be pursued, and by 
 the impediments which his laws opposed to the transfer of stolen 
 property."*" 
 
 Soon after the death of Osulf, earl of Northumbria, and its division 
 into two earldoms,*' the witan, assembled at York, and Edgar ad- 
 dressed them thus : 
 
 ^l Stubbs's Const. Hist., ch. 207, p. apud Deum et (tpud sceculum tolerabilis.' 
 208. The hundred and the wapentake The latter clause is re-echoed in the 
 are mentioned in Edgar's laws. Id. ch. charters of Henry I, and John, and may 
 5, pp. 96, 98, 99. It seems to have been be traced back in the legislation of Al- 
 though! there was a danger that the old fred. 
 
 local organizations might become obso- ^ I Stubbs's Const. Hist., ch. 7, p. 208. 
 
 lete. Edgar had found it necessary to In Mr. Turner's language, "to examine 
 
 renew the law of the hundreds, and to the conduct of the powerful, to protect 
 
 forbid recourse to the king's audience the weak, and to punish any violation of 
 
 until the local means of obtaining justice law." Hist, of Anglo-Saxons, book 6, 
 
 had been exhausted." Id. ch. 7, p. 209. ch. 6, p. 230 of vol. II. 
 
 5' Id. p. 208 and note 2, citing Edgar *' I Lingard's Engl., ch. 5, p. 223 
 
 3, g I. ' Volo ut omnis homo sit dignus ™ I Lingard's Engl., ch. 5, p. 223 and 
 
 juris publici, pauper et dives, quicunque p. 225. 
 
 sit, et eis justa judicia jwdicentur : et ''Of which Edgar "gave one, extetid- 
 
 sit in emendationibus remissio venialis ing from the Humber as far as the Tees, 
 
80 Under Saxons and 
 
 " It is my will that, with respect to worldly rights, the Danes 
 choose for themselves such laws as are best; and that the English 
 observe the statutes which I and my counsellors have added to the 
 ancient dooms. But one thing I would have to be common to all my 
 people, English, Danes and Britons, in every part of my empire: 
 that both rich and poor possess in peace what they have rightfully 
 acquired, and that no thief find a place where he may secure the 
 property which he has stolen.""^ 
 
 After a visit from Kenneth, king of Scotland, to Edgar, in London, 
 Lothian was transferred to the crown of Scotland, on the condition 
 that its inhabitants should be permitted to retain their language, laws 
 and customs.*' 
 
 Proud of his ascendency, fond of display, and in the habit of 
 assuming the most lofty titles,** it seems extraordinary that Edgar 
 should have permitted thirteen years of his reign to elapse before he 
 was crowned. The ceremony was performed at Bath, on the nth of 
 May, 973 ; soon after which he proceeded on a long cruise,*^ in which 
 his kingly power was displayed with pomp, and with such actions as, 
 in Mr. Turner's view, neither manifest true greatness, nor confer last- 
 ing dignity.*" 
 
 to Oslach, and the other, comprising the Id. p. 223. ^^ilfore was ealdorman of 
 
 lands on the north of that river, to the Danes in the north of Mercia; 
 
 Eadulf." I Lingard's Engl., ch. 5, p. ^gilwin or Aylwin of those in East- 
 
 222.' "From the northern bank" (of Anglia. Id. p. 223, note. 
 
 the Tees) " to Moreforth, in the maritime *'Idi pp. 224, 225. 
 
 part of Deira, the earl Eadulf governed." **Id. p. 224 and p. 228. 
 
 Turner's Anglo-Saxons, book 6, ch. 6, ^Id. p. 228. 
 
 p. 227 of vol. ii. ** It is stated " that with a great fleet Ed- 
 '2 1 Lingard's Engl., ch. 5, pp. 222, gar sailed to Chester on the Dee, and that 
 223. After a few regulations for this eight kings, Kenneth, king of Scotland, 
 purpose he proceeds: "Again it is my Malcolm of Cambria, Maccus of An- 
 will that the Danes select for themselves glesey and the Isles, three kings of 
 the best laws in their power" — "Among Wales, and two others, repaired thither 
 the English I and my witan have fixed at his command to do him homage, 
 proportionate fines for different transgres- He was not satisfied with this confes- 
 sions ; and my wish is that you do the sion of his power ; his puerile vanity 
 same with discretion and for my inter- demanded a more painful sacrifice; he 
 est. And let the earl Oslac, and all the ascended a large vessel with his nobles 
 military men who dwell in this earl- and officers ; and he stationed himself at 
 dom observe it; and let copies be the helm, while the eight kings who 
 made and sent to the ealdormen MMore, had come to do him honour, were com- 
 and jEgilwin, that it may come to the pelled to take the seats of the water- 
 knowledge of air, both rich and poor." men and to row him down the Dee." 
 
Danes, 901 to 1066. 81 
 
 Edgar died in 975, at the age of thirty-two, having by his first 
 wife, Elfleda the fair (daughter of Ordmer), a son, Edward, whom he 
 named as his successor;" and by his second wife, Elfrida, daughter of 
 the Earl of Devonshire, two sons, of whom Ethelred survived him.'* 
 
 5. Of Edward the Martyr — (^'j^ to gyS; and Ethelred the unready. 
 Whether he had a chancellor. Under him the administration of 
 justice was feebly enforced, and for a time entirely suspended. 
 His long and calamitous reign ended by his death, April 2^, 
 1016, when great progress had been made by the Danes under 
 Canute. 
 
 At Edgar's death his younger son was only seven, whereas Edward 
 was thirteen, perhaps fifteen, years old; in his favour his father's will 
 concurred with primogeniture. Yet his succession was opposed.*' 
 
 "At length a general meeting of the witan was held, and Dunstan 
 so victoriously proved the right of Edward that he was chosen king 
 without farther opposition, and was crowned with the usual solem- 
 nity."™ 
 
 ' Of the Anglo-Saxon kings he was Edward the second. His 
 youth, innocence and tragical death, caused the people to give him 
 the name of Martyr." The feelings of the nation were expressed 
 when the remains of the deceased sovereign were removed from 
 Woldham and buried with honour at Shaftesbury." 
 
 "The absence of other claimants compelled" (or caused) "the pre- 
 
 Tumer's Anglo-Saxons, book 6, ch. 6, and a council at Calne; his conduct is 
 
 pp. 227, 228, of vol. 2, edi. 1852. viewed by Mr. Hume and Mr. Turner 
 
 *'And a daughter vfho became a nun. in a light very different from that in 
 
 Turner's Anglo-Saxons, book 6, ch. 6, which Dr. Lingard regards it. He 
 
 p. 231 of vol. II. withdrew to Canterbury and survived 
 
 «8The other (Edmund) died before till 988. i Hume's Engl., ch. 2, pp; 
 
 his father. Id. 98, 99! i Lingard's Engl., ch. 5, pp. 
 
 6»i Hume's Engl., ch. 2, pp. 97, 98 232, 233; Turner's Anglo Saxons, book 
 
 of N. Y. edi. 1850; i Lingard's Engl. 6, ch. 7, pp. 234, 235, 237, ch. 9, p. 
 
 ch. S, pp. 231, 232; Turner's Anglo- 262 of vol. 2 ; Green's Short Hist., ch. 
 
 Saxons, ch. 7, pp. 233, 234 of vol. II. x,\ 6,p. 91; i Green's Hist, of Engl. 
 
 '« Ibid ; also Turner's Anglo-Saxons, Peop., ch. 4, p. 96. 
 book 8, ch. I, p. 131 of vol. III. "Turner's Hist, of Anglo-Saxons, 
 
 '1 During his reign Dunstan was book 6, ch. 9, p., 261 of vol. 2, edi. 1852. 
 prominent in a synod at Winchester 
 6 
 
82 Under Saxons and 
 
 lates and thanes, though with no small reluctance, to bestow the 
 crown" on Ethelred, "the son of the murderess. The ceremony was 
 performed at Kingston, on the Sunday after Easter (14 April), 978. — 
 Ethelred was only ten years of age, handsome in person and amiable 
 in disposition, but his spirit had been broken by the violence and 
 barbarity of his mother. When he wept at the untimely death of 
 Edward, she considered his tears a reproach to herself, and punished 
 him so severely that his life was thought to be in danger. But as he 
 advanced in age her influence gradually declined, and she at last bade 
 farewell to the court."" 
 
 Ethelred married, in the 19th year of his age, Elfleda;'* and after 
 her death, Emma, daughter of Richard (Marquis or Duke) of Nor- 
 mandy,'^ who, on her marriage, assumed the name of Elgiva.™ 
 
 Elfrida's son was, after his first marriage, unfortunate." After his 
 last marriage the rejoicings occasioned thereby were scarcely con- 
 cluded when there was a measure which associates his name with 
 infamy. 
 
 " In the beginning of November (1002), his officers in the towns 
 and counties received from him secret orders to organize against a 
 certain day a general massacre of the Danes within their respective 
 jurisdictions. On the 13th of that month, the festival of St. Brice, 
 the unsuspecting victims, with their wives and families, were seized 
 by the populace, and the horror of the murder was in many places 
 aggravated by every insult and barbarity which national hatred could 
 suggest. At London they fled for security to the churches, and were 
 massacred in crowds around the altars." " 
 
 Historians concur in condemning this massacre." Mr. Turner 
 characterizes it "as useless as, imbecility could devise, and as san- 
 guinary as cowardice could perpetrate." "" 
 
 "l Lingard's Engl., ch. 5, pp. 232, "Id. 
 
 ^33. 234 ; Turner's Anglo-SaScons, book " By his neglect of his young queen, 
 
 i>, ch. 9, pp. 260, 261. The wicked wo- he alienated her affections, and provoked 
 
 man who caused and procured Edward's the resentment of her brother Richard, 
 
 death, " built monasteries and performed Id. p. 241; Turner's Anglo-Saxons, 
 
 many penances in order to atone for her book 5, ch. 9, p. 272, of vol. -a. 
 
 guilt, but could never, by all her hypoc- i^\ Lingard's Engl., ch. 5, pp. 241, 
 
 risy or remorse, recover the good opinion 242. 
 
 of the public." i Hume's Engl., ch. 2, '9 i Hume's Engl., ch. 3, p. 109, of 
 
 P- 100. N. Y. edi., 1850; i Freem. Norm. Con- 
 
 '* Daughter of the ealdorman Thored, quest, pp. 212, 213, and appendix G. G., 
 
 who bore him six sons and four daugh- p. 430 to 432. 
 
 ters. I Lingard's Engl., ch. 5, p. 239. «» Turner's Anglo-Saxons, book 6, ch. 
 
 "Id. p. 241. 9, p. 269. 
 
Danes, 901 to 1066. 83 
 
 " The most illustrious of the sufferers was Gunhilda, the sister of 
 Sweyn, who had embraced Christianity, and had married Palig, a 
 naturalized Northman. By the orders of the royal favorite (the 
 infamous Edric), her children and husband were slaughtered before 
 her eyes. In the agonies of death she is said to have foretold the 
 severe revenge which her brother would one day inflict, both on 
 him who commanded and on those who perpetrated the murder." *' 
 
 Never was prophecy better fulfilled, and never did barbarous 
 policy prove more fatal to the authors.'^ 
 
 "During four years" (1003 to 1007) "England presented the 
 mournful spectacle of a nobility divided by faction, treason and mur- 
 der ; of a king unequal to the duties of his station, and of a people 
 the sport of an exasperated and vindictive enemy." "^ 
 
 Peace, /or a time, was obtained in 1006, or 1007, on paying the 
 Danes ;^36,ooo.** The Danish fleet reappeared under command not 
 ■of Sweyn, but of Thurchill; he carried fire and devastation into 
 •different parts of the kingdom for three years; then he received 
 ;^48,ooo.'* To this period is referred the origin of direct and annual 
 taxation.*' 
 
 Lord Coke says King Etheldred had " a worthy man to his chan- 
 •cellor."*' 
 
 *i I Lingard's Engl., ch. 5, pp. 241, Hist. Anglo-Saxons, book 6, ch. 9, p_ 
 
 242. _ 274. See also 1 Green's Hist, of Engl. 
 
 ^ I Hume's Engl., ch. 3, p. no. Peop., ch. 4, pp. 98, 99. 
 
 ^i Lingard's Engl., ch. 5, p. 243, '^Turner's Hist, of Anglo-Saxons, 
 
 citing Chron. Sax., 133-136; I Green's book 6, ch. 9, p. 264. " The sums which 
 
 Hist, of Engl. Peop., ch. 4, p. 98. Ethelred so frequently paid to the North- 
 
 w I Lingard's Engl., ch. 5, p. 243. men were raised by an impost on landed 
 
 Turner says, " in 1006 the Danes ob- property, which did not cease with the 
 
 tained ;^36,ooo." Hist. Anglo-Saxons, occasion, but was retained for centuries 
 
 ch. 9, p. 273, of vol. 2. under the pretext of providing for the 
 
 ^ Lingard states that Thurchill, after defence of the kingdom. The assess- 
 
 Tavaging the greater part of thirteen ments were at first apportioned with ap- 
 
 counties, sold his friendship and ser- parent equity; but they soon gave birth 
 
 vices to Ethelred for ;^48,ooo; many of to much extortion, and consequently to 
 
 his followers accepting settlements on much misery." i Lingard's Engl., cji. 
 
 the island." i Lingard's Engl., ch 5, p. 5, p. 245. 
 
 245. Turner says : " In loio the tri- . 8' In 4 Inst. 79, there is a reference to 
 
 umph of the Danes was completed in the second book of the history of Ely, 
 
 the surrender of sixteen counties fof and this quotation. Rex Etheldredus sta~ 
 
 England, and the payment of ;^48,ooo." tuit atque concessit quatenus ecclesiant 
 
84 • Under Saxons and 
 
 " Since the death of Edgar, the administration of justice had been 
 but feebly enforced; of late, it had been entirely suspended. The 
 absence of legal punishment, and the license of a state of warfare, 
 had left the passions of individuals without restraint; the most atro- 
 cious crimes were committed with impunity, and men sought to 
 indemnify their own losses by the spoliation of their neighbours. 
 On the one side, relations were sold for slaves by their relations, 
 children in the cradle by their parents ; on the other, the slaves often 
 rose on their masters, pillaged their property, and then deserted to 
 the enemy. The thanes of each district adopted at last the general 
 policy of the nation. Instead of unitng with their neighbours against 
 the common enemy, they negotiated for their own security, and by 
 the payment of a sum of money dismissed the barbarians to another 
 county."^ 
 
 Upon the invasion in 1013, Sweyn was quickly established in Lon- 
 don ; and Ethelred was in despair.*' In the second week of January, 
 1013-14, he fled from England; in the first week of Februar)' Sweyn 
 died, having appointed his son Canute to succeed him. The Eng- 
 lish invited Ethelred to reascend the throne. 
 
 "His son, Edward, met the thanes at London; it was agreed that 
 the king should forgive all past offences, should govern according to 
 law, and should, on important occasions, follow the advice of the 
 great council ; and that the thanes on their part should swear to sup- 
 port his authority and never submit to a Danish sovereign." 
 
 Ethelred returned about the middle of Lent, and led an army 
 against the enemy,'" but not profiting by past experience, repeated^ 
 on a smaller scale, that- system of massacre for which the English 
 had already suffered so severely. Among those whom it embraced 
 
 de Elye ex tunc et semper in regis curia p. 249; Turner's A.nglo-Saxoiis, book 
 cancellarice ageret dignitatem, (si'c. Lord 6, ch. 9, pp. 274, 275. 
 Coke says, "Although it was void in law ^ Canute fled ; " inhabitants of Danish 
 to grant the chancellorship of England extraction " were put to the sword; and 
 in succession, yet it proveth that then to revenge their fate he ordered the host- 
 there was a court of chancery." Ibid. ages who had been delivered to his 
 ^2 Lingard's Engl., pp. 246, 247. father to be deprived of their ears, noses 
 Sj;*' Having recommended his wife and and hands. In this mutilated state, sons 
 children to the cire of his brother Rich- of noble families among the English 
 ard, he sailed clandestinely to the Isle of were landed at Sandwich. 1 Lingard's 
 Wight, where he remained in conceal- Engl., ch. 5, p. 250; Turner's Anglo- 
 ment till a messenger from his wife Saxons, book 6, ch. 9, pp. 275, 276, of 
 brought him the offer of an asylum in vol. 2, edi. 1852. 
 Normandy, i Lingard's Engl., ch. 5, 
 
Danes, 901 to 1066. 85 
 
 were two earls, Sigeforth and Morcar, who being invited to a ban- 
 quet by the king's favorite, Edric, were, in the midst of the feast, 
 murdered by armed men. Edmund, the king's eldest son, petitioned 
 for their possessions. 
 
 " The father refused, and the young prince hastened to Malmsbury, 
 Tnarried" Sigeferth's relict, Algiva, "whom the king had confined in 
 the monastery, rode with her into Northumberland, and by his influ- 
 ence prevailed on the Seven-burghers to receive him as their chief- 
 tain." '^ 
 
 It would be difficult to select a period in English history in which 
 ■the nation was visited with such a multiplicity of calamities as during 
 the protracted reign of Ethelred.'" When Canute had returned from 
 Denmark, and against his hostile army the defence had been resigned 
 to Edmund by his father, harassed with care and worn out with 
 disease, and at the moment when the Danes were preparing to 
 besiege him in his capitol, Ethelred, on the 23d of April, 1016, ter- 
 minated his long and calaniitous reign, leaving of sons by his first 
 wife, Edmund, Edwy and Athelstan, and by Emma, two others, 
 Edward and Alfred.'' 
 
 " In the cathedral of St. Paul, founded by Ethelbert, king of the 
 Saxons," — '"almost at the entrance of the choir, in a certain recess 
 are two small chests, one of which is thus inscribed : ' Here lies Seba, 
 king of the East Saxons, who was converted to the faith by St. 
 Erkenwald,"' bishop of London, A. D. 607.' On the other: 'Here 
 lies Ethelred, king of the Angles, son of King Edgar.' " 
 
 These inscriptions were seen and copied in 1598, by Paul Hentz- 
 ner,'^ of whom there is further mention in ch. 33, § 47. 
 
 '^I Lingard's Engl., ch. 5, p. 251. Athelstan, he was illegitimately born." 
 
 ^hejive burghers being Leicester, Stam- Hist. Anglo-Saxons, book 6, ch. 10, p. 
 
 ford, Derby, Nottingham and Lincoln, 279. See also i Green's Hist, of, Engl., 
 
 Dr. Lingard supposes the seven were Peop., ch. 4, pp. 99, 100. 
 
 ■'probably the same, with the addition '*As to King Sebbi, or Sebbe, and 
 
 oi Chester and York.' Id. p. 251 note. Bishop Earconwald, there may be refer- 
 
 '^Id. pp. 234, 235. ence to Bede's Eccl. Hist., book 3, ch. 
 
 ''Id. p. 254. Not only from Dr. Lin- 30, p. 192, and book 4, ch. 6, p. 208, 
 
 gard, but also from Mr. Hume (i Hume's and ch. up. 215 to 217. 
 
 Engl., ch. 3, p. 113), Mr. Turner varies '^Hentzner's Travels, p. 6, and p. 9 of 
 
 when he says of Edmund, that, " like edi. 1797. 
 
86 Under Saxons and 
 
 6. Of seven months, in 1016, under Edmund Ironside; and the 
 period from 10 16 to 1034-^, under Canute, the Dane. Of his 
 laws and character ; its grandeur in his latter days ; his noble 
 conception of kingship. 
 
 Edmund was in London at the time of his father's death, and was 
 immediately proclaimed king. He struggled in vain " to reestablish 
 the independence of his country." Compelled by the expostulations 
 of troops., the two kings met " and agreed to a compromise. Mercia 
 and Northumbria" (and perhaps East Anglia), "were the portion of 
 Canute; the remainder, with the royal supremacy, was retained by. 
 Edmund." Within a month after the pacification, and but httle more 
 than seven after his father's death, there was a termination of the life 
 of Edmund, who, "from his armour or his strength," "acquired the 
 surname of Ironside." "His memory was long cherished by the 
 gratitude and admiration of his subjects." He left two sons, Edward 
 and Edmund.'" 
 
 Upon the death of Edmund Ironside, Canute, at the age of 21, 
 was chosen king of England, with the general assent of the nation 
 in its then condition." He is charged with causing the murder of 
 Edmund's brother Edwy. Edmund's half-brothers, Edward and 
 Alfred, being in Normandy, Canute sought in marriage their mother, 
 Emma ; she accepted — and her brother reluctandy assented to — the 
 
 ^1 Hume's Engl., ch. 3, p. 114; l youth without issue; and Edward mar- 
 
 Lingard's Engl., ch. 5, p. 254, and pp. ried Agatha, daughter of the Emp.eror 
 
 257. 258; Turner's Anglo-Saxons, book of Germany, i Hume's Engl., ch. 3^ 
 
 6, ch. 10, pp. 283, 284, of vol. 2, and p. 115; Turner's Anglo-Saxons, book 6,. 
 
 book 8, ch. I p. 131, of vol. 3; I Green's ch. 11, pp. 287, 288, 289, of vol. 2 ; i 
 
 Hist, of Engl. Peop., ch. 4, pp. 99, 100. Lingard's Engl., ch. 6, pp. 259, 260. 
 
 Edmund Ironside " departed on the feast Of this marriage there were two sons, 
 
 of St. Andrew;" (Nov. 30 is the festi- Edmund and Edgar, and two daughters, 
 
 val day of St. Andrew the apostle) " and Margaret and Christina ; the son Edgar 
 
 was buried near the remains of his grand- being known as Edgar Atheling, and 
 
 father, at Glastonbury." i Lingard's Margaret becoming afterward queen of 
 
 Engl., pp. 257, 258. Scotland. The son Edmund died early ; 
 
 ''He sent to his half-brother, the king the daughter Christina retired into a 
 
 of Sweden — and thence were conveyed convent. Id. ; Hayward's Life of WilL 
 
 to the king of Hungary — Edmund's I, in 3 Harl. Miscel., p. 128. 
 sons; of whom Edmund died in his 
 
Danes, 901 to 1066. 87 
 
 proposal; the marriage was celebrated injuly, 1017; it having been 
 " previously agreed that her issue by Canute should succeed to the 
 crown of England.'"* 
 
 It is observed of Canute that " his measures to secure his crown 
 were sanguinary and tyrannical," and the first part of his reign 
 "cruel and despotic;" but that "his latter, days shone with a glory 
 more unclouded." ^ 
 
 "He often lamented the bloodshed and misery which -his own 
 rapacity and that of his father had inflicted on the natives; and 
 acknowledged his duty to compensate their sufferings by a peaceful 
 and equitable reign. He treated them with marked attention; pro- 
 tected them from the insolence of his Danish favorites, placed the 
 two nations on a footing bf equality, and admitted them alike to 
 offices of trust and emolument." ^°° 
 
 In a pamphlet printed in 1649, after mentioning that "whilst the 
 Saxons ruled here they were governed by their own laws, which 
 differed much from the British law," and that "some of these Saxon 
 laws were afterwards digested into form, and are yet extant in their 
 original tongue, and translated into Latin," is the following passage : 
 
 "The next alteration of our English laws was by the Danes, who 
 repealed and nulled the Saxon law and established their own in its 
 stead. Hence it is that the laws of England do bear great affinity 
 with the customs of Denmark, in descents of inheritance, trials of 
 right, and several other ways. It is probable that originally inherit- 
 ances were divided in this kingdom amongst all the sons by gavel- 
 kind, which custom seems to have been instituted by Caesar, both 
 amongst us and the Germans (and as yet remains in Kent, not 
 wrested from them by the conqueror); but the Danes being ambi- 
 tious to conform us to the pattern of their own country, did doubt- 
 less -alter this custom and allot the inheritance to the eldest son'; for 
 that was the course in Denmark, as Walsingham reports."^" 
 
 w Id. and I Lingard's Engl., ch. 6, p. ^"^ In his Upodigma Neustri« : Paier 
 
 260. cunctos Jilios adultos 6, se pellebat, prater 
 
 „, _ 1 A 1 o i_ 1 ^ 1. unum quern haredem sui juris relinque- 
 
 "" Turner s Anglo Saxons, book 6, en. ^ , . , 
 
 o 00 ^ , TT- 1 iat, \. e., 'Fathers did expose and put 
 
 ti, pp. 287, 288,293; I Green's Hist. ', „ ' . , ., , 
 
 , ' , _ . forth all their sons, besides one, whom 
 
 of Engl. Peop., ch. 4, p. 100. ,,.,,. I ■,-, , 
 
 they made heir of their estates.' Harl. 
 
 ™ I Lingard's Engl., ch. 6, p. 263. Miscel., vol. 6, p. 218, edi. l8ro. 
 
88- 
 
 Under Saxons and 
 
 Canute's laws are mentioned by Turner "^ and by Lingard.' 
 latter says : 
 
 The 
 
 " In a witina-gemot at Oxford," Canute " confirmed the laws of 
 Edgar, and persuaded the English and Danish thanes to forgive 
 each other every former cause of offence, and to promise mutual 
 friendship for the future. In another, at Winchester, a code of laws 
 was compiled from the enactments of former king;s, with such addi- 
 tions as were required by the existing state of society. From it " in- 
 teresting particulars are selected, some of which are mentioned be- 
 low."* By the fourth, the existing system of jurisprudence which he 
 confirmed, was divided into three branches, the law of the West-Sax- 
 ons, the law of the Mercians and the law of the Danes. The two 
 former had been preserved from the time of the Heptarchy, and 
 prevailed in their respective districts ; the latter had been intro- 
 duced into East Anglia and Northumbria by the Danes, who had 
 setded in those countries since the beginning of the ninth century. 
 Of all three the substance was the same; they differed only in the 
 amount of the pecuniary mulcts which were imposed on various 
 transgressions. The king undertook to ease his people of part of 
 the burthens arising from the feudal services, which, in England, as 
 
 ^"^ In Turner's Anglo-Saxons, book 6, 
 ch. II, p. 290, of vol. 2, it is mentioned 
 that in 1020, in Easter, Canute held a 
 great council at Cirencester. In same 
 volume, appendix iii, as to the Anglo- 
 Saxons, it is in chapter 7, as to " their 
 legal tribunals," stated, pp. 457, 458, 
 that " by the laws of Canute it was or- 
 dered that there should be two shire- 
 geniots and three burgh-gemots every 
 year, and the bishop and the ealdorraan 
 should attend them." In vol. 3, book 8, 
 ch. 6, p. 1 98, is a statement of "princi- 
 ples which appear in the laws of King 
 Canute." 
 
 i°^l Lingard's Engl., ch. 5, p. 262. 
 
 1"* " i. The king exhorted all those 
 who were entrusted with the administra- 
 tion of justice, to be vigilant in the pun- 
 ishment of crimes, but sparing of human 
 life; to treat the penitent with less, the 
 impenitent culprit with greater severity; 
 and to consider the weak and indigent 
 as worthy of pity, the wealthy and pow- 
 erful as deserving the full rigour of the 
 
 law; because the former were often 
 driven to the commission of guilt by two 
 causes, which seldom affected the latter, 
 oppression and want. ii. He severely 
 prohibited the custom of sending Chris- 
 tians for sale into foreign countries." 
 " The reason which he assigned was not 
 that there is anything immoral in the in- 
 stitution of slavery, but that such Chris- 
 tians were in danger of falling into the 
 hands of infidel masters, and of being se- 
 duced from their religion, iii. By the in- 
 corporation of the Danes with the natives, 
 the rites of paganism had again made 
 their appearance in the island. Canute 
 forbade the worship of the heathen gods, 
 of the sun or moon, of fire or water, of 
 stones or fountains, and of forests or 
 trees. At the same time he denounced 
 punishment against those who pretended 
 to deal in witchcraft, and the ' workers 
 of death,' whether it were by lots or by 
 flame, or by any other charms." I Lin- 
 gard's Engl., ch. 6, p. 264. 
 
Danes, 901 to 1066. 89 
 
 well as the other European nations, had long been on the increase. 
 He 'totally abolished the custom of purveyance, forbidding his officers 
 to extort provisions for his use, and commanding his bailiffs to sup- 
 ply his table from the produce of his own farms. He fixed at a 
 moderate value the heriots which were paid at the demise of tenants, 
 and apportioned them to the rank of the deceased, whether they died 
 intestate or not. With respect to heiresses, whose helpless condition 
 frequently exposed them to the tyranny of their lords, he enacted 
 that neither maid nor widow should be compelled to marry against 
 her will.""' 
 
 Canute generally resided in England, but occasionally visited Den- 
 mark;"* and about 1026, or 1027,"' made a pilgrimage to Rome. 
 On his road he visited the most celebrated churches, and left " proofs 
 of his devotion and liberality.'' In his return he proceeded imme- 
 diately to Denmark, and dispatched the abbot of Tavistock to Eng- 
 land with a letter,™ wherein he speaks of there being, in .1027, "at 
 the festival of Easter, a ^reat assemblage of noble personages with 
 the lord, and the Pope John, and the Emperor Conrad, namely, all 
 the chief of the nations, from Mount Gargano to the nearest sea;'""* 
 and says : 
 
 "I therefore took the opportunity to treat with the pope, the em- 
 peror and the princes, on the grievances of my people, both English 
 
 '"5 1 Lingard's Engl., ch. 6, p. 263 to fleet; and carried with him pious and 
 
 265. " In conclusion, he commanded learned missionaries to civilize and in- 
 
 these laws to be observed both by the struct his countrymen." i Lingard's 
 
 Danes and the English, under the pen- Engl., ch. 6, p. 265. 
 
 alty of a single were for the first offence, '"'The year of the journey to Rome 
 
 of a double were for the second, and of is discussed in i Freem. Norm. Con- 
 
 the forfeiture of all property for the quest, pp. 494, 495. 
 
 third." Id., p. 265. The date of " The "e i Lingard's Engl., ch. 6, p. 265. 
 
 laws of Cnut" is discussed in i Freem. The letter begins, "Canute, king of all 
 
 Norm. Conquest, appendix III, pp. 496, Denmark, England and Norway, and 
 
 . 497. See also I Green's Hist, of Engl. of part of Sweden, to Archbishop Alfric, 
 
 Peop., ch. 4, p. lor. to all the bishops and chiefs, and to all 
 
 i*Mr. Turner mentions that "in 1019 the nation of the English, both nobles 
 
 England was so tranquil that he went to and commons." Id. p. 266. 
 
 Denmark, and passed the winter in his i<i'"Who all received me honorably 
 
 native country." There is also intimation and made me valuable presents; but 
 
 of his going thither in 1025. Turner's particularly the emperor, who gave me 
 
 Anglo-Saxons, book 6, ch. 11, pp. 290, many gold and silver vases with rich 
 
 291, of vol. 2. Dr. Lingard states that mantles and garments," Id., p. 266. 
 "he was accompanied by an English 
 
90 Under Saxons and 
 
 and Danes ; that they might enjoy more equal law and more secure 
 safeguard in their way to Rome, nor be detained at so many barriers,, 
 nor harassed by unjust exactions. My demands were granted both 
 by the emperor and by King Rodulf, to whom the greater part of the 
 barriers belong; and it was enacted by all the princes that my men, 
 whether pilgrims or merchants, should for the future go to Rome and 
 return in full security, without detention at the barriers or the pay- 
 ment of unlawful tolls. I next complained to the pope, and ex- 
 pressed my displeasure, that such immense sums were extorted from 
 my archbishops, when, according to custom, they visited the apos- 
 tolic see to obtain the pallium. A decree was made that this griev- 
 ance should cease. Whatever I demanded for the benefit of my 
 people, either of the pope, or the emperor, or the princes, through 
 whose dominions lies the road to Rome, was granted willingly, and 
 confirmed by their oaths, in the presence of four archbishops, twenty 
 bishops and a multitude of dukes and nobles." 
 
 " Be it known to you all that I have dedicated my life to the service 
 of God, to govern my kingdoms with equity and to observe jnstice in 
 all things. If, by the violence or negligence of youth I have violated 
 justice heretofore, it is my intention, by the help of God, to make 
 full compensation. Therefore I beg and command those to whom I 
 have confided the government, as they wish to preserve my friend- 
 ship, or save their own souls, to do no injustice, either to rich or 
 poor. Let all persons , whether noble or ignoble, obtain their rights 
 according to law, from which no deviation shall be allowed, either 
 from fear of me, or through favour to the powerful, or for the pur- 
 pose of supplying my treasury. I have no need of money raised by 
 injustice." "° 
 
 This letter of Canute (or Cnut) is commended by various writers."' 
 Mr. Green speaks of it as a letter which "marks the grandeur of his 
 character and the noble conception he had formed of kingship.""" 
 
 In the latter part of his life, Canute "commissioned an agent at 
 Rome to purchase St. Augustine's arm, for one hundred talents of 
 silver and one of gold; a much greater sum than the finest statue of 
 
 "»Id., p. 266, to 268; and Turner's the kirk-shot at the feast of St. Martin, 
 
 Anglo-Saxons, book 6, ch. 11. p. 297 to to the parish church. Should this be 
 
 299, of vol. 2. The letter concludes omitted, at my return I will punish the 
 
 thus: "Lastly, I entreat my bishops and offender by exacting the whole fine ap- 
 
 all the sheriffs, by the fidelity which they pointed by law. Fare ye well." I 
 
 owe to me and to God, that the church- Lingard's Engl., ch. 6, p. 268. 
 
 dues according to the ancient laws, may "' i Freem. Norm. Conquest, ch. 6, 
 
 be paid before my return; namely, the pp. 290, 291. 
 
 plough-alms, the tithes of cattle of the "« i Green's Short Hist., ch. 2, \ i, 
 
 present year, the Peter-pence, the tithes pp. 95, 96; I Green's Hist, of Engl, 
 
 of fruit in the middle of August, and Peop., ch. 4, p. 10. 
 
Danes, 901 to 1066. 91 
 
 antiquity would then have sold for." It may be inferred that the 
 importation of such a relic was suggested, not by a taste for art, but 
 (like his building charches and endowing monasteries) by a desire 
 to atone for acts of violence in the begfinning of his reign. The 
 circumstance is mentioned in a notice of Canute by a native of 
 Shaftesbury, at the end of which notice are these words: 'Ob 1036.'"' 
 His death may have been earlier."* Turner states that " he died at 
 Shaftesbury on the 12 of November, 1034.""^ 
 
 Canute was buried at Winchester."* He left by Alfgive, daughter 
 of Alfhelm,"' two acknowledged sons, Sweyn and Harold; and by 
 his queen, Emma, a son called Hardicanute (or Canute the Hardy), 
 and a daughter, Gunihilda. Sweyn had, after the assassination of 
 Olave, and before Canute's death, been, placed over Norway."" 
 
 7. Of the reigns of Harold the first, and Hardicanute, from 
 1034-5 to 1042. 
 
 After Canute's death, many espoused Harold's interests ; the wishes 
 of the southern counties were divided between Hardicanute and one 
 of the two sons of Ethelred. 
 
 "A compromise was effected in a witena-gemot at Oxford. To 
 Harold were allotted London and the northern division of the king- 
 dom ; the counties on the right bank of the Thames were appropri- 
 ated to Hardicanute, and during his absence were committed to the 
 government of his mother, Emma, and the ealdorman Godwin." "' 
 
 During that absence, there was shocking cruelty at Guildford to 
 
 "*! Granger's Biogr. Hist., p. 3, of ''' Called Earl of Hampshire in i 
 
 edi. 1779; 12 Nov., 1036, is the year in Hume's Engl., ch. 3, p. 119; and Earl 
 I Mackintosh's Engl., ch. 2, p. 62. of Northampton in l Lingard's Engl.,. 
 
 ch. 6, p. 270. Consistent with the latter 
 
 I'* 1035 is the year mentioned in i 
 Lingard's Engl., ch. 4, p. 269. 
 
 is Turner's Anglo Saxons, book 6, ch. 
 12, p. 300, note 2, of vol. 2. 
 "5 Turner's Anglo-Saxons, book 4, ch. iis , Lingard's Engl., ch. 4, pp. 269,. 
 
 12, p. 300, of vol. 2, note; citing M. S. 270. 
 
 Tib. B I. Shaftesbury is in Dorset iWi Lingard's Engl., ch. 6, pp. 270,, 
 
 county. It is 16 miles from Sherborne, 271 ; Turner's Anglo-Saxons, book 6, ch. 
 20 from Salisbury, and loi from Lon- 12, p. 300, of vol. 2; book 8, ch. 2, p. 
 don. 131 of vol. 3; 1 Hume's Engl., ch. 3,. 
 
 "« I Lingard's Engl., ch. 4, p. 269. p. 120. 
 
92 Under Saxons AND 
 
 Prince Alfred (son of Ethelred) and his men, and the horrible murder 
 of that prince at the isle of Ely, caused Emma to fiy from England 
 to Flanders ; then Harold took possession of all the counties as- 
 signed to Hardicanute. Harold died in 1039, or soon afterwards. "" 
 
 t 
 
 After Harold's death, when Hardicanute proceeded to England, 
 
 his authority was immediately acknowledged. But "his renewing 
 the imposition of danegelt and obliging the nation to pay a great 
 sum of money to the fleet which brought him from Denmark" pro- 
 duced an insurrection which was punished by giving up a county to 
 pillage and reducing a city to ashes. Discontent was increased by 
 folly and barbarity as to Harold's dead body."^ Yet " Hardicanute 
 is described as mild in his manners and generous in his disposi- 
 tion." " He sent for his half-brother, Edward, from Normandy, 
 received him with the sincerest friendship and gave him a princely 
 establishment." ^^^ His death (June 4, 1042) severed the connection 
 between the crowns of England and Denmark."' 
 
 8. Of Earl Godwin ; and 'the important part of him and his chil- 
 dren in the reign of Edward the Confessor — 1043 to 1066. Of 
 occurrences in his reign bearing on the struggle of Godwin's son 
 with the Normans. Of Edward's laivs and administration of 
 justice. Edward had a seal and a chancellor. Of his refound- 
 ing the church of St. Peter, better known as Westminster abbey. 
 His character. 
 
 Of the service rendered by Godwin ('the son of an herdsman') to 
 Ulfr, who had married Canute's sister, and had in a battle between 
 
 ""i Hume's Engl., ch. 3, p. 120; i 120,121; Turner's Anglo-Saxons, book 
 
 Lingard's Engl , ch. 6, pp. 273, 274; 6, ch. 13, p. 303, of vol. 2. 
 
 Turner's Anglo-Saxons, book 6, ch. 12, 122 j Lingard's Engl., ch. 6, p. 269 and 
 
 p. 302, of vol. 2. Mr. Hume states that pp. 276, 277 ; Turner's Anglo-Saxons, 
 
 his death was on the 14th of April, book 6, ch. 12, p. 300, of vol. 2. 
 
 1039; Dr. Lingard and Mr. Turner say "sj^^ p ^q^. , Lingard's Engl., ch. 
 
 in 1040; Mr. Green says in 1042. i 6, p. 277. Whether his body was laid 
 
 Green's Hist, of Engl. Peop.,'ch. 4, pp. with that of his father in the church of 
 
 102, 103. Dr. Lingard meiitions that he Westminster (Id., p. 277; Turner's An- 
 
 was' buried at Westminster.' glo-Saxons, book 6, ch. 13, p. 304,) is 
 
 1=^1 1 Lingard's Engl., ch. 6, pp. 274, doubted in i Freem. Norm. Conquest, 
 
 275, 276; I Hume's Engl., ch. 3, pp. appendix T T T, pp. 518, 519. 
 
Danes, 901 to 1066. 93 
 
 Edmund and Canute become separated from him, Mr. Turner has 
 given an interesting account. Ulfr " continued his attachment so far 
 as afterwards to marry him to Gyda, his sister;" and to oblige Ulfr, 
 Canute, in time, raised Godwin to the dignity of Jarl." '" 
 
 Earl Godwin assisted in elevating to the throne Edward, the sur- 
 viving son of Ethelred, and half-brother of Harold the first. It was 
 not, however, before the following Easter (April 1043), that Edward, 
 "having promised to preserve the laws of Canute^ was crowned." ^'^ 
 The Danes, who were interspersed with the English in most of the 
 provinces, spoke nearly the same language, and "differed little in 
 their manners and laws," seemed reconciled to his administration ; to 
 manifest their joy, the English " instituted an annual festival." 
 
 Edward was induced to marry Editha, the daughter of Godwin.'^' 
 But Godwin became jealous of Norman favourites. 
 
 " The two marriages of Emma, a Norman princess, with two kings 
 of England, had given occasion to the settlement of some Norman 
 females in England ; and the subsequent accession of Edward to the 
 throne, had added to their number. He had been accompanied or 
 followed by several foreign churchmen, whom he raised to high eccle- 
 siastical dignities, and by several laymen who appear to have held in- 
 ferior offices in the royal household. One of them he honoured with 
 the title and office of Earl Radulf, the son of Diogo, count of Mantes ; 
 but then, if Radulf were a Frenchman on the father's side, he was an 
 Anglo-Saxon by his mother, Goda, the sister of Edward. On the 
 death of Diogo,- this lady had married Eustace, count of Boulogne, 
 who in 1050 came to England to visit his brother-in-law. It chanced, 
 however, that either on his way to the court or on his return from it, 
 
 '24 Hist, of Anglo-Saxons, book 6, ch. i^^j Lingard's Engl., ch. 6, p. 278. 
 
 10, p. 285, and ch. 14, p. 305, of vol. ^. Henry of Huntingdon says he was " con- 
 
 Upon Mr. Turner's account there are secrated at Winchester on Easter day, by 
 
 observations in l Freem. Norm. Con- Eadsige, the archbishop of Canterbury." 
 
 quest, appendix Z Z, p. 475 to 482. Book 6, p. 202. " The election and cor- 
 
 Godwine is further mentioned in Id. ap- onation of Edward" are treated of in 2 
 
 pendix AAA, pp. 482, 483, appendix Freem. Norm. Conquest, p. 3 to 12, and 
 
 E E E, p. 489 to 491, and appendix appendix A, p. 344 to 349. 
 
 XXX, pp. 519, 520; and in 2 Id., ap- i26Hume's Engl., ch. 23, p. 122 to 
 
 pendix D, p. 358 to 363, E, p. 363 to ,24; Turner's Anglo-Saxons, book 6, ch. 
 
 371, R, p. 404 to 408, Z, pp. 420, 421, 14^ p. 305, of vol. 2; Henry of Hunt- 
 
 A A, p. 421 to 425, D D, p. 428 to 432. ingdon, book 6, p. 202. 
 Godwine's children are mentioned in 
 Id., appendix F, p. 371 to 374. 
 
94 Under Saxons and 
 
 his followers quarrelled with the burghers of Dover, a town belong- 
 ing to Earl Godwin ; both had recourse to arms, and several persons, 
 natives as well as foreigners, were slain." "' 
 
 "Temperate measures were suggested by the wisdom of Leofric''" 
 and adopted by the moderation of Edward. It was proposed to 
 summon the witena-gemot, and to refer every subject of dispute to 
 the decision of that assembly." — At the appointed day, " the thanes 
 who held of Godwin and" (his son) "Harold, were compelled to 
 swear fealty to the king; and the two earls were ordered to clear 
 themselves of the accusations against them by the oaths of twelve 
 compurgators, in the presence of the witan." — They were allowed 
 five days either to establish their innocence, or to quit the king- 
 dom.""" They took the latter course."" 
 
 "At the very commencement of the insurrection, the foreign favor- 
 ites had trembled for their safety ; and by their advice Edward had 
 solicited the assistance of William, duke of Normandy. Tranquillity 
 was hardly restored, when that prince, with a powerful fleet, reached 
 the coast of England. His services were no longer wanted, but he 
 landed with a gallant train of knights, was kindly received by the 
 king, visited several of the royal villas, arid was dismissed .with mag- 
 nificent presents." "' 
 
 Godwin, while at Bruges, was arranging means of revenge. In 
 the channel he was met by Harold from Ireland. Their united 
 squadrons "advanced up the Thames and sailed through the south- 
 ern arch of the bridge at London." — From the reluctant king, was 
 obtained " a commission to negotiate with Godwin." The result of 
 it was, that "the foreign favorites were oudawed by decree of the 
 great council; Godwin and Harold recovered their earldoms, and 
 Editha was recalled from her prison to the throne." Godwin did not 
 long survive. He died April 15, 1053; and his earldom was given to 
 Harold."' 
 
 12' I Lingard's Engl., ch. 6, pp. 285, belonging to Sweyn, and with difficulty 
 286. reached Ireland." — " The queen was en- 
 128 He "was called the earl of Leices- trusted to the custody of Edward's sis- 
 ter, but his government comprehended ter, the abbess of Wherwell." — She was 
 most of the northern counties of Mercia." conducted "to the monastery allotted for 
 Id., p. 279. her residence and informed that her con- 
 ies Id., pp. 287, 288. finement was only a measure of tempo- 
 1'" Godwin, with his wife and three rary precaution." Id., p. 288. 
 sons, Sweyn, Tostig and Gurth, fled for ™Id., p. 288. 
 
 protection to the earl of Flanders; Har- "^ij., p. 288 to 291; Green's Short 
 
 old and his brother, Leofwin, hastened Hist., ch. 2, § 2, p. 97 to 99. 
 to Bristol, embarked on board a vessel 
 
Danes, 901 to 1066. 95 
 
 In 1054, AldVed, bishop of Worcester, was sent to procure the 
 return from Hungary of Edward, son of the king's brother, Edmund 
 Ironside, who there had married a lady of the imperial family, by 
 whom he had three children, Edgar, Margaret and Christina. In 
 1056, Edward arrived with his family in London ; in a short time he 
 sickened and died. His son Edgar (known as Edgar Atheling) was 
 feeble in body and in mind, and less in the way of Harold's ambition 
 than William, duke of Normandy. Now, a vessel in which Harold 
 sailed from Bosenham was (in 1065) stranded in the mouth of the 
 river Maye, on the opposite coast of Ponthieu ; and Harold was con- 
 ducted to the earl Guy, and surrendered to William at Eu, in Nor- 
 mandy. In the necessity of his situation Harold consented to do 
 homage to William, as the apparent successor of Edward, and was 
 •constrained to swear before an assembly of William's barons that he 
 (Harold) \<'Ould promote William's succession to the English crown, 
 and would guard his interest in Edward's court. After which he was 
 permitted to leave Normandy.^'' 
 
 It was about the end of summer when Harold returned to Eng- 
 land. His services were immediately required by an insurrection of 
 the Northumbrians, which Tostig's rapacity and cruelty had causedi 
 and which now had caused Tostig's flight. 
 
 When Harold met the insurgents and " enquired into the nature ol 
 their demands, they replied that they were freemen, and would not 
 tamely submit to oppression ; that they required the confirmation of 
 the laws of Canute, and the appointment of Morcar to the earldom 
 of Northumberland. Harold returned, and obtained the royal as- 
 sent to their requests." '" 
 
 According to Dr. Lingard (as mentioned in § 8, p. 93) Edward was 
 not crowned until he had "promised to preserve the laws of Ca- 
 nute; "* it was in the fall of 1065 that the Northumbrians required, 
 and Edward assented to, "the confirmation of the laws of Canute," '^^^ 
 (as stated in the last paragraph). 
 
 Lord Coke states that "King Edward of that name, before the 
 •conquest the 3d ex immensu legum congerie quas Britanni, Ro- 
 
 1*3 1 Lingard's Engl., p. 297 to 301. I'^Id., p. 303; Turner's Anglo-Saxons, 
 
 •'* Id., pp. 302, 303. ''°Id. book 6, ch. 14, p. 319- 
 
96 Under Saxons and 
 
 inani, Angli et Daci condiderunt, optima quaque selegit ac in unam 
 coegit quam vocari voluit legem communemr "' Lord Coke considers 
 that writs of assize are of great antiquity; he mentions that "the 
 abbot of B. claimed conusans of plea in writs of assize, &c., in the 
 times of King Edward the confessor, and before that time, time out 
 of mind."™ 
 
 In a pamphlet printed in 1649, mentioned in § 6 p. 87 (after the 
 passage there quoted), it is said : 
 
 ■ " So likewise, in trials of right by twelve men, our customs agree 
 with the Danish, and in many other particulars which were introduced 
 by the Danes, disused at their expulsion, and revived again by Wil- 
 liam the conqueror. For, after the massacre of the Danes in this 
 island. King Edward the confessor did again alter their laws ; and 
 though he extracted many particulars out of the Danish laws, yet he 
 grafted them upon a new stock and compiled a body of laws, since 
 known by his name, under the protection of which the people then 
 lived."™ 
 
 Mr. Hume, who says much of "the Anglo-Saxon government and 
 manners," "° expresses himself as follows : 
 
 "The most commendable circumstance of Edward's government 
 was his attention to the administration of justice, and his compiling 
 for that purpose a body of laws, which he collected from the laws of 
 Ethelbert, Ina and Alfred. This compilation, though now lost (for 
 the laws that pass under Edward's name were composed after- 
 wards)"' was feng the object of affection to the English nation." "^ 
 
 "Edward the confessor had Reinbald his chancellor." — This Ed- 
 ward granted many manors, lands, &c., and franchises to the abbot 
 of Westminster, and erideth his charter thus : Ad uUim.um, car- 
 tarn isium sigillari jussi et ipse m,anu mea propria signum cruets 
 impressi, et idoneos testes annotari prcsciepi ; and amongst those 
 witnesses this you shall find, Swairdus notarius ad vicem Reinbaldi 
 regii dignitatis cancellarii hanc cartam scripsi et subscripsi. He 
 had also Lefric to his chancellor." '** 
 
 131 Preface to 3 Rep., XIX, XX. there may be mistake in the passage 
 
 1^2 Inst., 23. wherein Mr. Stubbs is printed as saying: 
 
 ""Harl. Miscel., vol. 6, p. 218 and "Reginbaldus, who attests Edward's char- 
 
 vol. 9, p. 395. ter to Waltham (C. D. dcccxiii), is the only 
 
 ""i Hume's Engl., Appendix i, p. person who appears as cancellarius in 
 
 152 to 177 of N. Y. edi., 1850. genuine charters. Leofric, bishop of Cre- 
 
 "1 Spelm. in verbo Belliva. diton, is called chancellor by Florence 
 
 i« I Hume's Engl., ch. 3, p. 138. of Worcester, A. D. 1045." i Const. 
 
 "'4 Inst., 78. As to the year dcccxiii Hist, ch. 11, p. 352. 
 
Danes, 901 to 1066. 97 
 
 " The benevolent heart of Edward mourned over the calamities of 
 his people ; and he eagerly adopted " an " expedient which seemed 
 likely to remove or to mitigate their sufferings. The Danegelt had 
 now been paid for eight and thirty years ; it formed a considerable 
 part of the royal revenue. In 105 1 the king resolved to sacrifice 
 this advantage to the reUef of the people." — " On another occasion 
 when his nobles had raised a large sum on their vassals, and begged 
 him to accept the free gift of his faithful subjects, he refused the 
 present as extorted from the labour of the poor, and commanded it 
 to be restored to the original contributors." "* 
 
 His piety was sincere; his charities were extensive."* 
 
 " Edward had vowed to visit the tombs of the apostles at Rome, 
 like his predecessors, Ethelwulf and Canute; but the witan objected 
 to his departure from England as long as he had no heir to the 
 crown. Leo, having consulted the council, absolved the king from 
 his vow, but on the condition that the money which he had col- 
 lected to defray the expense of his journey should be distributed 
 among the poor, and that out of his yearly income he should found, 
 or re-found, an abbey in honour of St. Peter. This commutation 
 was accepted." 
 
 "He preferred the latter course" (refounding or enlarging). "At a 
 little distance from the western gate of London lay what was then an 
 island of the Thames, which from the dense bushes and thickets 
 with which it was covered, received the name of Thorney. There 
 stood a monastery whose origin was carried up to the earliest days 
 of English Christianity. There " (it is said) " Sigeberht, the first Chris- 
 tian king of the East Saxons, had begun a foundation in honour of 
 St. Peter, to balance, as it were, the great Minster of St. Paul within 
 the city." ^** — " The church of Saint Peter, from its position with re- 
 gard to the church of the brother apostle, obtained the name, so 
 familiar and so historical in the ears of every Englishman, of the 
 West Minster." "' 
 
 "On the vigil of Christmas," Edward ''was attacked by the fever 
 which ultimately proved fatal. For three days he struggled against 
 the violence of the disease, held his court as usual, and presided with 
 affected cheerfulness at the royal banquets. On the festival of the 
 Innocents (Dec. 28), the day appointed for the dedication of the new 
 •church, he was unable to leave his chamber. The ceremony was, 
 however, performed. Editha took the charge of the decorations, 
 and represented the royal founder. But his absence, and the idea of 
 his danger, diffused deep gloom among the thousands who had as- 
 
 '** I Lingard's Engl., ch. 6, p. 293. '■'^ 2 Freem. Norm. Conquest, p. 335, of 
 
 i<»" The money was given indoles to edi. 1873. In note 4 on that page are 
 
 the poor, and from that moment the tenth the words, ' So says ^thelred X Scriptt. 
 
 part of the receipts from the king's ma- 385. Sigebirt king of the East Angles, 
 
 nors were faithfully set apart." Id., p. in 635, is mentioned in ch. 2, g 6, p. 43. 
 
 ^84. "' Id. (2 Freem. Norm. Conquest), 335. 
 7 
 
98 Under Saxons and 
 
 sembled to witness the spectacle. After lingering a week longer, 
 Edward died on the 5th cif January, and was buried the following 
 day, with royal pomp, in the church which he had erected.'^ 
 
 "The goodness of his heart was adored by his subjects, who 
 lamented his death with tears of undissembled grief." — " He exhib- 
 ited the interesting spectacle of a king negligent of his private in- 
 terests, and totally devoted to the welfare of his people." 
 
 " He was pious, kind and compassionate ; the father of the poor, 
 and the protector of the weak ; more willing to give than to receive ; 
 and better pleased to pardon than to punish. Under the preceding 
 kings, force generally supplied the place of justice, and the people 
 were impoverished by the rapacity of the sovereign. But Edward 
 enforced the laws of his Saxon predecessors, and disdained the riches 
 which were wrung from the labours of his subjects. Temperate in his 
 diet, unostentatious in his person, pursuing no pleasures but those 
 which his hawks and hounds afforded, he was content with the patri- 
 monial demesnes of the crown; and was able to assert, even after 
 the abolition of that fruitful source of revenue, the Dane-gelt, that he 
 possessed a greater portion of wealth than any of his predecessors 
 had enjoyed.""' 
 
 " The surname of ' the confessor ' was given to him from the bull of 
 his canonization, issued by Alexander III, about a century after his 
 decease."''" 
 
 In John Evelyn's diary, under the date of September 16, 1685, is 
 mention of his then majesty (Jac. 2). 
 
 "Speaking of the golden cross and chain taken out of the coffin of 
 St. Edward the Confessor, at Westminster, by one of the singing men, 
 who, as the scaffolds were taking down after his majesty's coronation, 
 espying a hole in the tomb, and something glisten, put his hand in, 
 and brought it to the Dean and he to the king." ^^^ 
 
 Of this finding, a narrative was printed Feb. 6, 1687-8, and re- 
 printed in 1827."'' 
 
 '■•^ Id. p. 342. His death was " in the i^" Id., p. 306. 
 
 sixty-fifth year of his age and twenty-fifth iw Evelyn's Memoirs, vol. 3, p. 177, 
 
 of his reign." I Hume's Engl., ch. 3, of edi. 1827. 
 
 p. 137. I Lingard's Engl., , p. 304. ^^Id. p. 424 to 427. 
 
 "s/i/., pp.304, 305, , . 
 
Danes, 901 to 1066. 99 
 
 g. Of Earl Godwin! s son; crowned Jan. 6, io6j-6, as Harold the 
 second; and killed October 14, 1066, in the battle wherein the 
 Normans conquered. 
 
 Edgar the etheling (called Edgar Atheling) was now the last sur- 
 viving male of the race of Cerdic. But if after Edward's death Ed- 
 gar's claim was pressed at all, it was not pressed as another's was. 
 It is said "that upon the same day whereon King Edward was 
 buried," Godwin's son, Harold, "set the crown upon his own head, 
 without religious ceremonies, without any solemnities of corona- 
 tion.'"' As to this there may be mistake in part; the fact may be, 
 and probably is, that the ceremony of coronation was performed by 
 Aldred, the archbishop of York.'°* But there was remarkable haste 
 in the funeral of Edward the confessor, and in the coronation of 
 Harold the second."^ 
 
 Soon there were signs of danger to Harold from his brother 
 Tostig, who had married Judith, a daughter of Baldwin, earl of 
 Flanders'^* and a sister of Matilda, the duchess of Normandy; from 
 the king of Norway, whose assistance Tostig had engaged; and 
 from William, the duke of Normandy. In the last of Harold's bat- 
 tles with Tostig and the king of Norway — that at Stamford bridge, 
 on the Derwent, Sept. 27 — there was a total route of the Norwegians ; 
 and their king and Tostig were killed. On the 28th or 29th, Wil- 
 liam of Normandy landed with his army at Pevinsey in Sussex ; he 
 marched immediately to Hastings ; the neighbourhood of his camp 
 was reached by Harold in the beginning of October; preparations 
 for combat were immediate; the spot selected for it was Senlac 
 (nine miles from Hastings), an eminence opening to the south and 
 
 isajjayward's Life of Will. I; printed Hon in Id. p. 27, and appendix D, p. 
 
 at London in 1613, and reprinted in 1810 411 to 417. 
 in Harl. Miscel., vol. 3, p. 133. '^^Id.; and 3 Harl. Miscel., p. 133. 
 
 156 After Tostig's death she married 
 
 •54 I Lingard's Engl., ch. 6, p. 309. the son of Azo and Cunegunda (Guelph 
 " The election of Harold" is treated of I or V), from whom the present royal 
 in 3 Freem. Norm. Conquest, p. 21; and family of England is descended, i Lin- 
 appendix C, p. 400 to 411; his corona- gard's En^l., p. 311 note. 
 
100 Under Saxons and Danes. 
 
 covered on the back by an extensive wood."' The fourteenth of 
 October was the day appointed for the battle. "Never was fury- 
 better governed; never game of death better played." — "The fight 
 continued with very great constancy and courage, and variety of 
 fortune, from seven of the clock in the morning until night." 
 
 " King Harold, about the close of the evening, as he was busy 
 in sustaining his army, both with voice and hand, was struck with an 
 arrow through the left eye into his brains, of which wound he pre- 
 sently died. His two brothers. Girth and Leofwin wer^ also slain, 
 and also most of the nobility that were present. So long as the king 
 stood, they stood stoutly both with him and for him and by him ; his 
 directions supported them ; his brave behaviour breathed fresh bold- 
 ness and life into them. But his death was a deadly stab to their 
 courage; upon report of his death, they began to waver in resolu- 
 tion." '=« 
 
 If the loss could have been repaired, it was not."' After Harold 
 was slain in battle " the people chose rather to submit to William and 
 his title than endure the hazard of ruining war, by opposing him, to 
 set up a new king."^™ 
 
 i^'/aT., ch. 6, p. 307 to 315. to 348, edi. 1873; and appendix M M, 
 
 i58Lifeof Williaml., by J. Hayward, p. S09 to 516. As to Waltham abbey, 
 
 printed at London in 1613; reprinted in see z Id., appendix P P, page 452 to 
 
 3 Harl. Miscel., pp. 143, 144. Harold's 455; and 8 Dugdale's Engl., p. 1508. 
 
 "body was buried by his mother at ^^'Pamphlet in 1647. 6 Harl. Miscel., 
 
 Waltham cross, within the monastery loi ; in 1648, Id., 179. 
 
 which he had founded." Id., 144; I 1™ Hay ward's Life of William I. 3 
 
 Turner's Engl., ch. 4, p. 82, of edi. Harl. Miscel., 148; Pamphlet of 1690. 
 
 1825; 3 Freem. Norm. Conquest, p. 343, Id., 459. 
 
449 TO 1066. 101 
 
 CHAPTER V. 
 
 VIEWS APPLICABLE TO THE PERIOD FROM 449 TO 
 1066. POLITY OF THE GERMANIC RACE; DEVEL- 
 OPED ON BRITISH SOIL. PROCESS OF MIGRATION 
 TO, AND CONQUEST OF, BRITAIN BY THE ENGLISH : 
 THEIR INSTITUTIONS BEFORE THE NORMAN CON- 
 QUEST. THE FINE ARTS AMONG THEM. 
 
 I. Polity of the Germanic race ; developed on British soil. 
 
 Of "the system which Tacitus saw and described in the Ger- 
 mania,"' "the institutions of the Saxons of Germany, long after the 
 conquest of Britain," are deemed the most perfect exponent."* 
 
 Of the Franks it is stated as " certain that upon the decline of the 
 Roman empire, they inhabited Franconia, a province of Germany, 
 and about the year 413, or according to Davila, 119, invaded France 
 under Pharamond, whom they chose to be their king and leader;" 
 and "before they began their expedition, they held a general assem- 
 bly, near unto a river named Sala, and there" "enacted laws for gov- 
 ernment, and amongst the rest one for the exclusion of females from 
 inheriting the crown, which" "came to be denominated the Salick 
 law."' 
 
 A comparison of Germanic institutions with those in Britain since 
 its occupation by the German race, suggests "the probability that 
 the polity developed by" that "race on British soil is the purest 
 product of their primitive instinct." The polity, so developed " in 
 England, though it may not be older in its monuments than the 
 Lex Salica, is" regarded by Professor Stubbs as "more entirely 
 free from Roman influences." He considers that " in England the 
 
 ^DeSitu, moribus et populis Germa- 'Printed in 1697, and reprinted in lo 
 
 '"'^- Harl. Miscel., p. 301, of edi. 1810. 
 
 2 1 Stubbs's Const. Hiit., ch. i,p. 11. 
 
102 Review of period of Saxons 
 
 common germs were developed and ripened with the smallest inter- 
 mixture of foreign elements." 
 
 " Not only were all the successive invasions of Britain, which, from 
 the eighth to the eleventh century diversify the history of the island, 
 conducted by nations of common extraction, but, with the exception 
 of ecclesiastical influence, no foreign interference that was not Ger- 
 man in origin, was admitted at all. Language,* law, custom and 
 religion,* preserve their original conformation and colouring. The 
 German element is the paternal element in our system, natural and 
 political."^ 
 
 These views of Mr. Stubbs are quite consistent with the observa- 
 tions of Turner and Mackintosh. 
 
 " From the Anglo-Saxons we derive the names of the most ancient 
 officers among us ; of the greater part of the divisions of the king- 
 dom, and of almost all our towns and villages. From them also we 
 derive our language ; of which the structure, and a majcirity of its 
 words, much greater than those who have not thought on the sub- 
 ject would at first easily believe, are Saxon. Of sixty-nine words, 
 which make up the Lord's Prayer, there are only five not Saxon ; — 
 the best example of the natural bent of our language, and of the 
 words apt to be chosen by those who speak and write it without 
 design. Of eighty-one words in the soliloquy of Hamlet, thirteen 
 only are of Latin origin. Even in a passage of ninety words in 
 Milton, whose diction is more learned than that of any other poet, 
 there are only sixteen Latin words. In four verses of the authorized 
 version of Genesis, which contain about a hundred and thirty words, 
 there are no more than five Latin. In seventy-nine words of Addi- 
 son, whose perfect taste preserved him from a pedantic or constrained 
 preferenc'e for any portion of the language, we find only fifteen 
 Latin.'" 
 
 *i Stubbs's Const. Hist., ch. i, pp. lo, 'i Const. Hist., ch. i, p. ii. 
 1 1 ; Turner's Anglo-Saxons, appendix, 
 
 p. 363, et seq., of edi. 1852. Mr. Stubbs ' i Mackintosh's Engl. ch. 2, pp. 76, 
 
 remarlfs that " with the exception of the 77. of Phila. edi., 1830. Mackintosh 
 
 Gothic Bible of Ulfilas, the Anglo-Saxon (W-. P- 77) says: "Dr. Johnson him- 
 
 remains are the earliest specimens of self, from whose corruptions English 
 
 Germanic language as well as literature, style is only recovering, in eighty-seven 
 
 and the development of modern English words of his fine parallel between Dry- 
 
 from the Anglo-Saxon is a fact of sci- ^^'^ ^"^d Pope, has found means to intro- 
 
 ence as well as of history." i Const. <J"<=s "o vnoxs than twenty-one of Latin 
 
 Hist., ch. 10, pp. 10, II. derivation;" citing (for examples and 
 
 * Perhaps as to religion there should materials for calculation) Turner, ii, app. 
 
 be a qualification by the words "in a '• 1828. 
 manner," or "in some measure." 
 
AND Danes, 449 to 1066. 103 
 
 In the opinion of Mr. Stubbs, " the development of the Saxons " 
 " was more rapid, and is much more fully illustrated by history, in 
 England than in Germany." ^ 
 
 2. Process of migration to, and conquest of, Britain by the English. 
 
 In England was published in 1647 the first part, and in 1689, the 
 residue of the following paragraph : 
 
 Our progenitors, that transplanted themselves from Germany 
 hither, did not commix themselves with the ancient inhabitants of 
 this country, the Britons, as other colonies did with the natives in 
 those places where ' they came, biit totally expelling them, they took 
 the sole possession of the land to themselves, thereby preserving 
 their blood, laws and language incorrupted." ° "The original of 
 the subjects' liberty was by those our forefathers brought out of 
 Germany: where as Tacitus," (de Morib. Germ., sect. 3 and 6,) 
 "reports, nee regibus infinita aut libera potestas; their kings had 
 no absoljite, but limited power, and all weighty matters were dis- 
 patched by general meetings of all the estates. Who sees not here 
 the antiquity of our liberties and frame of government? So they 
 were governed in Germany, and so here, to this day, for by trans- 
 planting themselves they changed their soil, not their manners and 
 government." " 
 
 Consistent with these views (to a considerable extent), are those 
 of Sir fohn Fortescue Aland^^ Mr. Turner," Dr. Lingard,^' and Pro- 
 fessor Stubbs." The latter says : 
 
 "The English are not aboriginal, that is, they are not identical 
 with the race that occupied their home at the dawn of history. 
 They are people of German descent in the main constituents of 
 blood, character and language, but most especially in connection 
 with our subject, in the possession of the elements of primitive Ger- 
 man civilization and the common germs of German institutions." — 
 " The consensus of historians, placing the conquest and colonization 
 of Britain by nations of German origin between the middle of the 
 
 'i Stubbs's Const. Hist., ch. 3, pp. 40, book 3, ch. 5, p. 277, of vol. i, edi. 
 
 41. 1852; Id., book 8, ch. 8, p. 208, of 
 
 'Reprinted in Hail. Miscel., vol. 6, p. vol. 3. 
 
 97, of edi. 1810. '' I. Lingard's Engl. ch. 2, pp. 72, 73, 
 
 '"Id., p. 345, of vol. 9. of Boston edi. 1852. In ch. 2, p. 61, he 
 
 "Preface to edi. in 17 14 of Fortescue mentions the origin and character of the 
 
 on Monarchy. Anglo-Saxons. 
 
 "Turner's Engl., part 6, ch. i,pp. ^52, " i Stubbs's Const. Hist., pp. 7, 8, pp. 
 
 353, of edi. 1825 J Hist. Anglo-Saxons, 70,71. 
 
104 Review of period of Saxons 
 
 fifth and the end of the sixth century is confirmed by the evidence 
 of a continuous series of monuments. These show the unbroken 
 possesion of the land thus occupied, and the growth of the language 
 and institutions thus introduced." — "The four great states of West- 
 ern Christendom — England, France, Spain and Germany — owe the 
 leading principles which are worked out in their constitutional his- 
 tory to the same source." '^ 
 
 In Britain the new dominion was not accepted. " The Britons fled 
 fropi their homes; whom the sword spared, famine and pestilence 
 devoured. The few that remained either refused or failed altogether 
 to civilize the conquerers." — "The cities went to ruin; Christianity 
 became extinct and all culture with it. There were still Roman 
 roads leading to the walls and towers of empty cities : the Roman 
 divisions of the land were conspicuous ; the entrenched and fortified 
 camps, the great villas of the princely families, churches and burial 
 places ; but they were become before the days of Bede mere haunted 
 ruins." — "It is not to be supposed that this desolation was uniform; 
 in some of the cities there were probably elements of continuous life ; 
 London, the mart of the merchants, York, the capital of the north, 
 and some others, have a continuous political existence." ^^ 
 
 "Conquest under the circumstances compelled colonization and 
 migration. The wives and families were necessary to .the comfort 
 and continued existence of the settlements. It was not only that 
 the attitude of the Britons forbade intermarriages ; the Saxons, as all 
 testimony has shewn, declined the connubium of foreign races." — 
 " The invaders come in families and kindreds and in the full organi- 
 zation of their tribes ; the three ranks of men, the noble, the freeman 
 and the laet; even the slaves are not left behind."" 
 
 " The tribe was as complete when it had removed to Kent as when 
 it stayed in Jutland ; the magistrate was the ruler of the tribe, not of 
 the soil; the divisions were those of the folk and the host, not of the 
 land; the laws were the usages of the nation, not of the territory."" 
 
 " On their arrival in Britain, then, the Saxons had their threefold 
 division of ranks : they had the association of the township and that 
 of the pagus, whether or no it bore the name of hundred ; some 
 remains of the mark system of land ownership and cultivation; the 
 principle of election to public functions; and the tie of the kindred 
 still preserving its legal rights and duties." — " Even if old ties were, 
 more than we need suppose likely, broken in the process of migra- 
 tion, the names, functions and rights of the magistrates, the principles 
 of customary law and local organization, survived and took new 
 root and grew. But, in the second place, the process of migration 
 and conquest must have produced such changes as are traceable." — 
 " The Saxons had no kings at home, but they create kingdoms in 
 Britain." "—According to the chronicle, the Brito-Welsh in A. D. 443 
 invited to Britain the Ethelings of the Angles; in A. D. 449, under 
 
 i^Ch. I, p. 2. isid., p. 65. 
 
 «Ch. 4, p. 61. 19 Id., pp. 65,66. 
 
 "Id., ch. 4, g 31, p. 64. 
 
AND Danes, 449 to 1066. 10& 
 
 two heretogas, Hengist and Horsa, the strangers came ; in A. D. 455, 
 Hengist and Aesc, his son, came to the kingdom; in A. D. 495, 'came 
 two ealdormen to Britain, ^Cerdic and Cynric;' in A. D. 519, they 
 became kings of the West Saxons. In each case the erection of the 
 throne was probably the result of some great vic;:ory, or of the 
 permanent securing of a definite territory, but the institution was- 
 not a transference of British royalty: the new kings are kings of the 
 nations which they had led to conquest, not of those they had con- 
 quered." » 
 
 3. General principles of the Anglo-Saxon government. 
 
 Observations upon the Anglo-Saxon government have been made 
 by Mr. Hume,''^ Dr. Lingard'"' and Mr. Turner.^' The latter says: 
 
 " It was reserved for those whom we unjustly call barbarians, the 
 descendants of the Scythian, Gothic or Teutonic nomades, to invent, 
 and to reduce to practice, a form of monarchy, under the name of 
 kings, with powers so great, yet so limited; so superior and inde- 
 pendent in the theory of law, and yet so subordinate to it and so 
 governed by it; so majestic, yet so popular; so dignified, yet so 
 watched ; so intrusted, yet so criticised ; so powerful, yet so counter- 
 acted; so honoured, yet so counselled; so wealthy, yet so depend- 
 ent" — "that all the good which sovereignty can impart is enjoyed 
 largely by the nations whom they swayed, with as few as possible of 
 the evils which continued power must always tend to occasion." '* 
 
 Those who look below the surface of forms and institutions will 
 discover that the spirit of equity and freedom breathed into our 
 government by the Saxons has never entirely departed from us.''" 
 
 4.. Status of the Anglo-Saxon population — the freemen and the slaves.. 
 
 Mr. Turner has given a "sketch of the Anglo-Saxon popula- 
 tion." ^« 
 
 ^Id., g 32, pp. 66, 67. ner, speaking of "the prerogatives and 
 
 " I Hume's Engl., appendix I, p. 152. rights of the Anglo-Saxon cyning," says,. 
 
 ''^ I Lingard's Engl., ch. 7, p. 320. " they were such as had become estab- 
 
 23 " Great general principles of their lished by law or custom, and could be as 
 
 constitution and laws" are stated in little exceeded by the sovereign as with- • 
 
 Hist, of Anglo-Saxons, book 8, ch. 6, held by his people. They were not ar- 
 
 p. 195, to 198, of vol. 3. " Their official bitrary privileges of an unknown ex- 
 
 and other dignities" are the subject of tent." Id., p. 153. 
 
 ch. 7, in Id., p. 199 to 206; and "some ^^ i Mackintosh's Engl., ch. 2, p. 78. 
 
 features of" their "political state" are of edi. 1830. 
 
 treated of in ch. S, Id., p. 207 to 216. ''^Hist. Anglo-Saxons, book 8, ch. g„ 
 
 "Id. book 8, ch. 3, p. 141." Mr. Tur- p. 217 et. seq. of vol. III. 
 
106 
 
 Review of period of Saxons 
 
 The Cyning, or king, has been alluded to." In the earliest peri- 
 ods of Anglo-Saxon history we find him and all the four orders of 
 noble, free, freed and servile.^. "The existence of the classes of 
 nobles, freemen and laets, among the conquerors, would seem further 
 to imply the existence of larger and smaller private estates.'"" 
 
 "Slavery in the strictest sense, was an early if not a primitive 
 institution of the race. Tacitus knew that the slave had no remedy 
 against the violence of his master; even his life could be taken with 
 impunity. And in the earliest English laws such slaves are found." ^ 
 Mr. Turner considers that " the great bulk of the Anglo-Saxon pop- 
 ulation was in a servile state and therefore without any constitutional 
 Tights.'^ 
 
 2' In the last note of the preceding 
 section. 
 
 ^Turner's Anglo-Saxons, book 8, ch. 
 3, pp. 145, 148 of vol. III. 
 
 ^ I Stubbs's Const. Hist., ch. 5, p. 73. 
 
 '"Mr. Stubbs says, "The theow or slave 
 simple, whether wealh — that is, of British 
 extraction, captured or purchased, — or of 
 the common German stock descended 
 from the slaves of the first colonists ; the 
 ■esne or slave who works for hire ; the wite- 
 theow who is reduced to slavery because 
 he cannot pay his debts ; the man who 
 has sold himself or his children to avoid 
 starvation; the slave who works in his 
 master's house and the slave who works 
 on the farm : all are regarded as a part of 
 the stock of their owner, and are valued 
 according to their importance to him; 
 their offences against a third person he 
 must answer for as for the mischief done 
 by his cattle ; they have no wergild, no 
 -credibility, no legal rights ; wrongs done 
 . to them are regarded as done to their 
 master. In some respects the practice of 
 the la,w is better than the theory; the 
 slave is entitled to his two loaves a day, 
 and his holy days are secured to him ; he 
 can purchase his freedom with savings, 
 which in some unexplained way the law 
 has allowed him to keep, and the spirit- 
 
 ual law can enforce a penance on the 
 master for ill-treating him. But his status 
 descends to his children ; all his posterity, 
 
 , unless the chain is broken by emanci- 
 pation, are born slaves." I Const. Hist., 
 ch. S, pp. 78, 79. 
 
 SI He says: "All the villani, servi, 
 bordarii, coscetee, cotarii and coliberti, 
 esnes and theows ; that is all the working 
 agricultural population, and most of those 
 who occupied the station of our present 
 small farmers; and in the burghs and 
 cities, all those who were what is called 
 the men or low vassals of other persons, 
 analogous to our inferior artisans and 
 mechanics and small tradesmen, were 
 the property of their respective lords, 
 and with no more political rights than 
 the cattle and furniture with which we 
 find them repeatedly classed and trans- 
 ferred. Two-thirds at least, more prob- 
 ably three-fourths, of the Anglo-Saxon 
 population were originally in this state, 
 till voluntary or purchased emancipations 
 and the effects of war ai>d invasion, grad- 
 ually increased the numbers of the free." 
 
 ■ " The constitutional principle as to the 
 servile population of the country, seems 
 to have been, that it was represented by 
 its masters in the national council, like 
 the rest of their property." Hist, of 
 
AND Danes, 449 to 1066. 107 
 
 The class of the free — including all having legal rights — may be 
 ■divided into those owning land — who were of various degrees of 
 ■wealth and dignity — and those owning none."^ 
 
 J". Gradual process of change from the personal to the territorial 
 
 organization. 
 
 Mr. Stubbs describes the gradual process of change — "from the 
 personal to the territorial organization; from a state of things in 
 which personal freedom and political right were the leading ideas, to 
 one in which personal freedom and political right had become so 
 much bound up with the relations created by the possession of land 
 as to be actually subservient to it." '' — " The land had been settled 
 by tribes of kinsmen, under rulers who, as kin|*i, acquired the head- 
 ship of the kin as well as the command of the host. Whilst the kin 
 of the kings subsisted, and the original landmarks were preserved, 
 neither religion nor common law, nor even common subjection, suf- 
 ficed to weld the incoherent mass.'"* — "Until after the Danish wars, 
 provincial royalty remained, and the cohesion of the mass was main- 
 tained only by the necessities of common defence." '* — " The process 
 of natural selection was in constant working. It is best exemplified 
 in the gradual formation of the seven kingdoms and in their final 
 union under Wessex: the heptarchic king was as much stronger 
 than the tribal king, as the king of united England was stronger 
 than the heptarchic king.'"* "If the extinction of smaller royalties 
 
 Anglo-Saxons, book 8, ch. 4, p. 164 and Saxon timei." Turner's Hist, of An- 
 
 ch. g, p. 227 of vol. III. As to the dif- glo-Saxons, book 8, ch. 4, p. 164. 
 ference between those in such servile 33 j Const. Hist., ch. 7, p. 166. 
 
 state and the Coloni of the Roman em- 3,,,^^^ j^ ^^^ ^^^^ ^^^^ ^^^ ^^^. 
 
 pire, see Id., appendix to note on p. 505 ^^j^^^^g,, „f j^is which hindered the 
 
 o vo . 11. victorious kings from suppressing royalty 
 
 32 1 Stubb's Const. Hist., ch. 5, pp. 79, altogether in the kingdoms they subdued; 
 
 So. Mr. Turner says : " It was only to the vassal kings either became insignifi- 
 
 the freemen of the counties, or as we call cant, sinking into eorls and hereditary 
 
 them, freeholders ; and to the free in- ealdormen, or gradually died out." Id. 
 
 habitants of the burghs or boroughs, and p_ iyo_ 
 cities, whom we now call burgesses and ssjd. p. 170. 
 
 citizens, that any legislative representa- '^ij. pp. 170, 171. 
 
 tion can have applied in the Anglo- 
 
108 Review of period of Saxons 
 
 opened the way for permanent consolidation, the long struggle with 
 the Danes prevented that tendency from being counteracted." It 
 could not fail to result that royalty itself was strengthened." 
 
 "The progress of the Anglo-Saxon system, from the condition in 
 which its whole organization depends on personal relations to that 
 in which everything depends on territorial ones, is marked at each 
 step by some change in the royal power." '" 
 
 6. Of the territorial divisions into townships {or tythings), hundrcas 
 and shires ; and the officers and courts thereof, especially of the 
 shiremoot. 
 
 The unit of the constitutional machinery is the township, the villata 
 or vicus "' The community, in its earlier stage, may have been of 
 free and kindred cultivators, or what is called the mark.* It is to 
 this system that the origin of some part of the machinery of local 
 courts of the manor and township which still exist may be traced." 
 The historical township is the body of alodial owners who have 
 advanced beyond the stage of land-community, retaining many ves- 
 tiges of that organization; or the body of tenants of a lord who 
 regulates them, or allows them to regulate themselves, on principles 
 derived therefrom. In a further stage the township appears in its 
 ecclesiastical form, as the parish or portion of a parish, the district 
 assigned to a church or priest, to whom its ecclesiastical dues, and 
 generally also its tithes are paid." Besides this, the township has a 
 share in the creation of the later territorial jurisdiction of the manor .*^ 
 In these forms and relations, the townsmen retain their right of meet- 
 ing and exercising some sorts of jurisdiction, although until the crim- 
 inal jurisdiction in court leet comes to the lords of manors by special 
 
 3' I Stubb's Const. Hist. ch. 7, pp. 173, priated. By the grants of land constantly 
 
 174. increasing in number, the royal demesne 
 
 '*"The growth of the royal power was Was continually diminished, and the dim- 
 theoretical rather than practical ; what it inution of royal demesne made the taxa- 
 gained on one side it lost on another. tion of the people the only available 
 The king became the source of justice, means of meeting public emergencies.'" 
 the lord and patron of his people, the Id. p. 207. 
 
 owner of the public lands ; but he had ^9 1 Stubb's Const. Hist., p. 82. 
 
 almost immediately to part with the sub- *" Id. p. 83. " Id. p. 84. 
 
 stantial exercise of the powers so appro- "Id. p. 85. *'Id 89. 
 
AND Danes, 449 to 1066. 109 
 
 ;grant, their participation in such matters is of the character simply of 
 police-agency." 
 
 The union of a number of townships for the purpose of judicial 
 administration, peace and defence, formed what was known as the 
 hundred or wapentake; a district answering to the pagus of Tacitus, 
 the hcerred of Scandinavia, the huntari or gau of Germany.*^ The 
 court (the hundred-gemot or wapentake court) was held every month. 
 It was attended by the lords of lands within the hundred, or their 
 stewards representing them, and by the parish priest, the reeve and 
 four best men of each township. The judges of the court were the 
 whole body of suitors, the freeholders answering to the 'rachim 
 burgii ' of the Franks." The court was entitled to declare folk right 
 in every suit ; its jurisdiction was criminal as well as civil, and volun- 
 tary as well as contentious." 
 
 As was the case with the township,** the organization of the hun- 
 dred lent itself readily to the judicial, ecclesiastical and fiscal devel- 
 opments of later times. The criminal jurisdiction of the hundred is 
 perpetuated in the manorial court leet. On the institution of the 
 frank pledge, a hundred court was held twice a year to ascertain the 
 observance of the law. This became the business of the sheriff's 
 tourn of later times, held twice a year in the octave of Easter and 
 Michaelmas in different parts of the county. It was the great court 
 leet, as the old hundred court was the court baron of the hundred, 
 and the county court that of the shire : the distinction of origin being 
 maintained in the principle that in the courts baron,*" whether in the 
 
 ■•♦Id. go. *5Id. 96, 99. says that the first kings of this realm had 
 ** But as various inconveniences might all the lands of England in demesne and 
 arise from the uncertainty of the number, les grand manors et royalties they re- 
 qualifications or attendance of the virhole, served to themselves and of the remnant, 
 a representative body of twelve seems to they, for the defence of the realm en- 
 have been instituted as a judicial com- feoffed the barons of the realm with such 
 mittee of. the court. Id. 102, 103. jurisdiction as the court-baron now hath, 
 *'Id. 104. **Id. 91. and instituted the freeholders to be 
 *' Lord Co/Ji? says, "Called a court -baron judges of the courtbaron. Co. Lit. 58. 
 because among the laws of King Edward, He observes that in those ancient laws 
 the confessor, it is said: 'Barones verU under the name of barons were cora- 
 gui suam habent curiam de suis homini- prised all the nobility. Id. 
 bits; &c. Co. Lit., 58. Further, he 
 
110 Review of period of Saxons 
 
 manor, the hundred or the shire, the suitors were the judges, whilst it; 
 was otherwise in the courts leet and sheriff's tourn among them,, 
 the steward being judge in the leet, the sheriff judge in the tourn.*" 
 
 Lord Coke states that " the sheriff was deputy of the consul or 
 earl; and therefore the Romans called him vice-consul, as we, at 
 this day, call him vice-comes;" and further that the sheriff in the 
 Romans time, and before, was a minister to the king's courts of law 
 and justice, and had then a court of his own, which was the county 
 court, then called curia consulatus, as appeareth by these words, 
 ipsius vices supplebat injure et inforo."^^ According to Mr. Stubbs, 
 the sheriff, or scir gerefa, the scirman of the laws of Ini was the 
 king's steward and judicial president of the shire, the administrator 
 of the royal demesne, and executor of the law. His sphere of juris- 
 diction was distinctly a single shire, although after the conquest, for 
 a long period, the shires were administered in pairs." The sheriff 
 held the shiremoot, according to Edgar's law, twice in the year. 
 Although the ealdorman and bishop sat in it to declare the law, secu- 
 lar and spiritual, the sheriff was the constituting officer. The suit- 
 s' Stubbs's Const. Hist, of Engl., vol. I, law, than a part of the law itself." But 
 ch. 5. pp. 104, 105. Lord Coke observes whether the passage is part of the law 
 that "many times turn vice-comitis is or not, " the comparison it draws of the 
 expressed under the name of curia comi- Roman denominations of their territorial 
 tatus, because it extended through the government and officers in Britain with 
 whole county." 2 Inst. 69. He con- those of the Saxons, seems to" the an- 
 siders that "truly did H. I. say, sicut notator "quite imaginary." He adds, 
 antiqua fuerat institutione. formatum: "at least I am not able to find any trace 
 for these courts of the tourn, and of the of authority to prove such an use or ap- 
 county and of the leet or view of frank plication of the words ' consulatus^ consul 
 pledge" " were very ancient ; for of the and vice-comes amongst the Romans 
 tourn you shall read amongst the laws of whilst Britain was a part of their empire 
 King Edward," before the conquest, z as this extract supposes." Note 20 of 
 Inst., 70. Citing from those laws I c. Hargr. and Butl. on Co. Lit. 168 a. 
 II, fol. 51, he says, " Hereby it appear- 52 As a rule, the sheriff was, as a royal 
 
 eth that common pleas between party and officer, nominated by the king ; the eal- 
 party were holden in the county court dorraan as a national one, by the king 
 every month." Id. 70. . . and witan. The sheriff as well as the 
 
 "A passage, cited by' Lord Coke as ealdorman was entitled to a share of 
 among the laws of Edward the confessor, the profits of administration, i Stubbs's 
 seems to a learned annotator, "rather a Const. Hist., ch. 5, p. 113. 
 remark by the copier or translator of the 
 
AND Danes, 449 to 1066. Ill 
 
 ors were the same as those of the hundred court: all lords of lands, 
 all public officers, and from every township the reeve and four men.'* 
 
 The name scir or shire which marks the division immediately su- 
 perior to the hundred, merely means a sub-division, or share of a 
 larger whole, and was early used in connection with an official name 
 to designate the territorial sphere appointed to the particular magis- 
 tracy denoted by that name.'* The historical shires, or counties, owe 
 their orign to different causes.'' Each shire, or county, contained a 
 number of hundreds.'^ Its organization was of much the same char- 
 acter as that of the hundred, but it was under an ealdorman, who 
 sat with the sheriff and bishop in the folkmoot; though it was not 
 the rule for every shire to have to itself an ealdorman, as it had its 
 sheriff." 
 
 Besides the judicial power of the shiremoot," which, Uke the hun- 
 
 ^ " Here again the suitors weCe the manded the military force of the whole 
 
 judges; but the twelve senior thegns ap- division. It is said that he (the princeps 
 
 pear in the county court as well as in the of Tacitus, and princeps or satrapa. or 
 
 hundred, and on the institution of the sub-regulus of Bede, the dux of the latin 
 
 grand jury, present the report of the chroniclers and the comes of the Nor- 
 
 hundred. Thus limited, the authority of mans) was originally elected in the gen- 
 
 the sheriff was rather that of a chairman eral assembly of the nation, and down to 
 
 or moderator than that of a judge." Id. the Norman Conquest, even when hered- 
 
 pp 114,115. itary succession had become almost the 
 
 6* I Stubbs's Const. Hist., ch. 5, p. 105. rule, his nomination required the consent 
 
 ^Co. Lit. 168 a, and notes 20 and 22 of the king and the witenagemot. Id. 
 
 of Hargr. and Butl.; also 2 Inst. 71. ill to 1 13. But the election to this of- 
 
 " The arrangement of the whole king- fice was regulated more by the king's 
 
 dom in shires is of course a work which favour and by hereditary claims than by 
 
 could not be completed until it was per- a substantive selection, except in a few 
 
 manently united under Edgar; the exist- extraordinary cases. Id., ch. 6, p. 140. 
 
 ing sub-divisions of southern England The use of the word ealdorman was af- 
 
 are all traceable back to his day at the terwards superseded. Id., ch. 5, p. 118. 
 
 latest; the northern counties have under- The title of earl had begun to supplant 
 
 gone some change since the conquest, it in the reign of Etlielred. Id., ch. 6, 
 
 although the new lines have been drawn p. 160. See also Co. Lit. 1680, and 
 
 on older landmarks." Id. no. note 22 of Hargr. and Butl. 
 
 ^ Id. III. **Mr. Turner gives an account of "a 
 
 "The title of ealdorman is much older shire-gemot at Aylston in Canute's days," 
 
 than the existing division of shires. The "composed of a bishop, an ealdorman, 
 
 ealdorman received a third part of the the son of an ealdorman; of two per- 
 
 profits of the jurisdiction and com- sons who came with the king's message 
 
"112 Review of period of Saxons 
 
 -dred, was competent to declare folkright in every suit, some shadow 
 of legislative authority seems to have remained to it in the time of 
 Athelstan.'' The shiremoot, as a folkmoot, is viewed by Mr. Stubbs 
 as "a monument of the original independence of the population 
 which it represents." He remarks that " if the shire be the ancient 
 under-kingdom, or the district whose administrative system is created 
 in imitation of that of the under-kingdom, the shiremoot is the 
 folkmoot in a double sense, not merely the popular court of the 
 district, but the chief council of the ancient nation who possessed 
 that district in independence, the ' witena-gemot of the pre-heptarchic 
 kingdom." »» 
 
 " In the maintenance of provincial courts and armies was inherent 
 the maintenance of ancient liberty."*^ — "In the preservation of the 
 old forms, — embracing 'the representation of the township in the 
 court of the hundred and that of the hundred in the court of the 
 shire" — "remained the seats of future liberties." — "They were the 
 humble discipline by which a down-trodden people were schooled to 
 act together in small things until the time came when they could act 
 together for great ones."'^ 
 
 7. Of the witena-gemot or assembly of the wise — the supreme council 
 of the nation ; its legislative and judicial power. 
 
 The civitas or populus of Tacitus, the union of several pagi, is in 
 
 or writ; the sheriff or scir-gereffa; three ™Id., p. 116. The Sth chapter of Mr. 
 
 other men, and all the Ihegns in Here- Stubbs concludes with the observation 
 
 fordshire." Turner's Htst. of Anglo- that " there was no intermediate organi- 
 
 Saxons, appendix 3, ch. 7, p. 457 of vol. zation between the shire with its folk- 
 
 II. Further he states that " sometimes a moot and the central one of the king- 
 
 gemot was convened from eight hun- dom with its witenagemot." Id., p. 118. 
 
 dreds and sometimes from three. On 6i j Stubbs's Const. Hist., ch. 7, p. 
 
 one occasion, the ealdorman of Ely held 209. "The warriors of the shire" 
 
 a plea with a whole hundred below the " fought as men of the shire under the 
 
 cemetery at the north gate of the monas- ealdorman or his officer." — " In the local 
 
 tery; at another time a gemot of two courts the old spirit of freedom found 
 
 hundreds was held at the north door of room. The forms were the same, 
 the monastery." Id., p. 458, et. seq. ' whether the king's gerefa or the lord's 
 
 As to lawsuits about land, see Id., ap- steward called them together: the hun- 
 
 pendix 4, ch. 6, p. 499. dred retained its peace, the township its 
 
 ^ I Stubbs's Const. Hist., ch. 5, p. 115. customs." Id. pp. 209, 210. 
 
 ^'Id., p. 210. 
 
AND Danes, 449 to 1066. 113 
 
 Anglo-Saxon history, the rice or kingdom ; and its council, the con- 
 cilium principum, is the witena-gemot or assembly of the wise. This 
 is the supreme council of the nation, whether the nation be Kent or 
 Mercia, as in the earlier, or the whole gens Anglorum et Saxonum, 
 as in the later history.*' 
 
 The character of this national council testifies to its history as a 
 later development than the lower courts, and as a consequence of the 
 institution of royalty." So long as the heptarchic kingdoms lasted, 
 each having its own witena-gemot, there was no attempt at general 
 organization even for cases of the greatest emergency, except the 
 ecclesiastical.*" 
 
 Although the gens Anglorum had learned to recognize itself 
 under one collective name as early as the time of Augustine, it was 
 only on the ancient lines that any power of organization was devel- 
 oped until the church was strong enough to form a national union." *° 
 
 "Many provisions are found in the canons of national and even 
 provincial councils, which relate to the temporal constitution of the 
 state. Thus one held at Calcluith (an unknown place in England), 
 in 787, enacted that none but legitimate princes should be raised to 
 the throne, and not such as were engendered in adultery or incest." — 
 "Although this synod was strictly ecclesiastical, being summoned 
 by the pope's legate, yet the kings of Mercia and Northumberland, 
 with many of their nobles, confirmed the canons by their signature." 
 
 ^ I Stubbs's Const. Hist., ch. 6, p. townships, and has a representative body 
 119; Turner's Hist, of Anglo-Saxons, of witnesses to give validity to the alcts 
 book 8, ch. 4, p. 156 of vol. in. "They that are executed by it. If each shire 
 were petitioned and they legislated ; and represented a complete kingdom, the 
 the dom boc or laws of every Anglo- shiremoot would give a complete repre- 
 Saxon reign that has survived to us, con- sentative system existing in each king- 
 tains" (Mr. Turner thinks) "some im- dom. But as the small kingdoms co- 
 provements on the preceding.'' Id., p. alesced or were united by conquest, it 
 158. "The constitution of the witena- does not seem to have been thought ne- 
 gemot " is treated of in \ Freem. Norm. cessary to extend the system; the council 
 Conq., p. 68; and appendix Q, p. 399 of the aggregated state is not a folk moot, 
 to 401, edi. 1873. but a witena gemot." I Stubbs's Const. 
 
 6* The folkmoot or popular assembly Hist., ch. 6, p. 119. 
 of the shire, is a representative body to ^id., 121. 
 
 a certain extent: it is attended by the s^Id. p. 122. 
 
 representatives of the hundreds and 
 
114 
 
 Review of period of Saxons 
 
 Such is the statement of Mr. Hallam." Mr, Stubbs says, 
 
 "The kings met occasionally for alliance or for arbitration; for 
 some great purpose, such as the choice of a primate; but the nation 
 met only in the ecclesiastical councils, which were held with some 
 frequency, from the days of Theodore to those of Athelstan, quite 
 apart from and independently of the witena-gemots of the several 
 states." '^ 
 
 The members of the witena-gemot were the wise men, the sapientes, 
 witan ; the king, sometimes accompanied by his wife and sons ; the 
 bishops of the kingdom, the ealdormen of the shires or provinces, 
 and a number of the king's friends and dependents."' 
 
 "Hall. Mid. Ages, ch. 7, p. 411, of 
 vol. I, Phila. edi., 1824. Mr. Hallam 
 says : " The bishops acquired and re- 
 tained a great part of their ascendency by 
 a very respectable instrument of power, 
 intellectual superiority. They alone were 
 acquainted with the art of writing; and 
 they were entrusted with political cor- 
 respondence and with the framing of the 
 laws. They alone knew the elements of 
 a few sciences; and the education of 
 royal families devolved upon them as a 
 necessary duty. In the fall of Rome, 
 their influence upon the barbarians wore 
 down the asperities of conquest and 
 saved the provincials half the shock of 
 that tremendous revolution. As captive 
 Greece is said to have subdued her Ro- 
 man conqueror^ so Rome^ in her own 
 turn of servitude, cast the fetters of a 
 moral captivity upon the fierce invaders 
 ^f the north. Chiefly through the exer- 
 tions of the bishops, whose ambition 
 may be forgiven for its effects, her reli- 
 gion, her language, in part even her 
 laws, were transplanted into the courts 
 of Paris and Toledo, which became a 
 degree less barbarous by imitation.'' Id., 
 p. 412 ; citing Schmidt, t i, p. 365. 
 
 ^*"As occasionally the kings, and fre- 
 quently the ealdormen, of different king- 
 doms attended these assemblies, and as 
 they were, like other courts useful for 
 
 the witnessing of acts which required 
 powerful attestation and general promul- 
 gation, the, nation learned from them the 
 benefit of common action. Another 
 powerful help in the same direction must 
 have been the ascendency, during the 
 whole of that period, of some one great 
 prince, who, by war or alliances, exer- 
 cised an overwhelming influence over 
 the rest. Such " position was occupied, 
 after the middle of the seventh century, 
 by the kings of Northumbria, during the 
 eighth by those of Mercia, and after the 
 rise of the West Saxon power, by Egbert 
 and his successors. But the existence 
 of this hegemony, whether or no its pos- 
 sessor bore the title of Bretwalda, was 
 not accompanied by unity of organiza- 
 tion, or even by any act of confedera- 
 tion." I Stubbs's Const. Hist., ch. 6, 
 p. 122. 
 
 s'Id., 124. That the bishops, abbots, 
 eorles, ealdormen and those who bore the 
 title which was latinised into dux,prin- 
 ceps, &c., were parts of the great national 
 council, is indisputable, from the lan- 
 guage of the laws and the numerous 
 charters which they signed. It is as 
 manifest that others besides these higher 
 nobles also attended it ; and that these 
 were thegns or ministri, milites and sev- 
 eral who are mentioned in the charters 
 without any designation of legal rank. 
 
AND Danes, 449 to 1066. 
 
 115 
 
 Mr. Turner mentions an incident to shew that for some who would 
 sit among the witan, nobility alone was not a sufficient qualification, 
 but forty hides of land were indispensable.™ 
 
 At the summons of the king the witan assembled at London, or 
 siach other place, and at such time, as was designated." The king 
 usually presided at the witena-gemots ; and sometimes he addressed 
 them." 
 
 The witan appear to have had a part, in providing military force, 
 onaking treaties," and transacting other business.'* The clergy were 
 
 Turner's Hist, of Anglo-Saxons, book 8, 
 ch. 4, p. 162, and p. 168 to 184, of vol. 
 3. . Mr. Stubbs observes that " the whole 
 tale of the bishops and ealdormen are 
 easily identified, but the number of min- 
 istri is variable, and the abbots form oc- 
 casionally a formidable addition. In a 
 witena-gemot held at Luton in Novem- 
 ber, A. D. 931, were the two arch-bish- 
 ops, two Welsh princes, seventeen bish- 
 ops, fifteen ealdormen, five abbots, and 
 fifty-nine ministri. In another, that of 
 Winchester, of A. D. 934, were present 
 the two archbishops, four Welsh kings, 
 seventeen bishops, four abbots, twelve 
 ealdormen and fifty-two ministri. These 
 are perhaps the fullest extant lists of Ed- 
 gar's witena-gemots; the one of A. D. 
 965, contained the king's mother, two 
 archbishops, seven bishops, five ealdor- 
 men and fifteen ministri ; and this is a 
 fair specimen of the usual proportion. 
 It is clear that as the feudal principle 
 grew stronger, the number of king's 
 thegns must have largely increased, and 
 as their power became preponderant in 
 the assembly, the royal authority became 
 supreme in the country at large; the 
 office of ealdorman also began at this 
 period to be held chiefly by persons con- 
 nected with the king's kin." 1 Stubbs's 
 Const. Hist., pp. 125, 126. 
 
 ™ Guddmund desired in matrimony the 
 daughter of a great man, but because he 
 iiad not the lordship of forty hides of 
 
 land, he could not, though noble, be 
 reckoned among the proceres ; and there- 
 fore she refused him. He went to his 
 brother, the abbot of Ely, complaining 
 of his misfortune. The abbot fraudu- 
 lently gave him possessions of the mon- 
 astery sufficient to make up the deficiency. 
 3 Gale's Script., p. 513, cited in Turner's 
 Hist, of Anglo-Saxons, book 8, ch. 4, 
 p. 184, of vol. 3. 
 
 "The times of their meeting seem -to 
 have been usually the great festivals of the 
 church, as Christmas, Easter and Whit- 
 suntide; and of these Easter is more 
 frequently mentioned. But their meet- 
 ings were not confined to these seasons. 
 There is mention of annual and more 
 frequent meetings, but not of annual elec- 
 tions. Id., ch. 5., pp. 186, 187. 
 
 '2 Id., pp. 187, l88. 
 
 "Turner's Hist, of Anglo Saxons, 
 book 8, ch. 5, pp. 188, 189, of vol. 3. 
 Not the least important part of the laws 
 of Alfred and Edward are in the form of 
 treaty with the East Anglian Danes. 
 I Stubbs's Const. Hist., ch. 7, p. 195. 
 
 " Bede gives an account of the Nor^ 
 thumbrian council which received Chris- 
 tianity, and represents the king as con- 
 sulting his princes and counsellors one 
 by one ; each declares his mind ; and 
 the king decides accordingly. Eddius 
 describes the assemblies in which Wil- 
 fred.was banished and recalled; accusa- 
 tion, defence and sentence fall into their 
 
116 Review of period of Saxons 
 
 no doubt very influential, and the great ealdormen, if we may judge 
 by their action under Edred and Edwy, were not less independent.'^ 
 No business of any importance could be transacted by the king in 
 which the witan had not, in theory at least, a consultative voice.™ 
 It is said that, until the reign of Henry II, there is a want of histori- 
 cal data as to deliberations in which the king does not get his own 
 
 77 
 
 way. 
 
 Yet the king never legislates by his own ordinance. In the form 
 of enactment no change is perceptible. Ethelred and Canute inva- 
 riably express the counsel and consent of the wise men of the nation 
 to their promulgation of the laws, just as Ini and Alfred had done." 
 
 The formula " by which the co-operation of the witena-gemot was 
 expressed, is definite and distinct. The laws of Ini are enacted 
 ' with the counsel and teaching of the bishops, with all the ealdor- 
 men and the most distinguished witan of the nation, and with a 
 large gathering of God's servants ; those of Wihtraed ' ™ are decreed 
 ' by the great men, with the suffrages of all as an addition to the 
 lawful customs of the Kentish people.' Alfred issues his code 
 with the counsel and consent of his witan ; Athelstan writes to the 
 reeves with the counsel of the bishops ; at Exeter the witan decree 
 with the counsel of the king, and the king with theirs. Edmund, 
 before he legislates, has deliberated with the counsel of his witan, 
 both ecclesiastical and secular. Edgar ordains with the counsel of 
 his witan in praise of God and in honour of himself, and for the 
 behoof of all the people. Ethelred and his witan issue ordinances at 
 Woodstock; Canute at Winchester with the counsel of his witan."** 
 
 The codes are in fact not so much the introductions of new princi- 
 ples as the declarations of the customs or common law of the race, 
 dating from far beyond the existence of written record, preserved in 
 the memories of the wise, and kept alive, for the most part, in constant 
 general experience. Although it may be that when the knowledge 
 of law has become professional, or when, under new influences, 
 
 regular order; the bishops and ealdor- '^Id., 133. "Id., 127. 
 
 men speak, and the king, or ruling eal- '^Id., ch. vii, p. 194. 
 
 dorman pronounces the determination, " He was king of Kent, and died in 
 
 'hac est voluntas regis et principum 725, after a reign of almost 34 years. 
 
 ejus.^ Id., 126. Further, as to impeach- Henry of Huntingdon, book 4. p. 120. 
 
 ing and outlawing or banishing, see Tur- His laws are in Wilk. Leg. Saxon, p. 12. 
 
 ner's Hist, of Anglo-Saxons, book 8, ch. *> i Stubbs's Const. Hist., ch. vi, pp. 
 
 5. pp. 189, 190, of vol. 3. « 127, 12S. 
 '6 1 Stubbs's Const. Hist., 127. 
 
AND Danes, 449 to 1066. 
 
 117 
 
 indigenous customs are becoming obsolete, they are written down 
 in books, yet Mr. Stubbs thinks, " as a rule, it may be said that a pub- 
 lication of laws is the result of some political change or series of 
 changes ; so that the very act of legislation implies some crisis in the 
 history of the legislator." *' 
 
 The laws in the enactment of which the wjtan joins are not merely 
 secular.'^ It was, further, a court of justice, although only in the 
 last resort, or in cases in which the parties concerned were amenable 
 to no other than the royal jurisdiction.*' They decided suits and 
 tried criminals.*' 
 
 S. The ancient referendarius of the Merovingian succeeded by the 
 chancellor of the Karolingian sovereigns. Whence the English 
 Chancellor derives his name and function. Names of English 
 chancellors before the Norman Conquest. Also of the Royal 
 Seal. 
 
 The Merovingians — the first dynasty of Prankish kings which 
 
 s^Id., ch. vii, p. 194.- P. 259 of 
 -Trancklin's Annals, and p. xviii to xxiv 
 of the preface to Fortescue on Mon- 
 archy (edi. 1714) may be examined in 
 connection with the observations of Mr. 
 Stubbs. In his opinion, "the laws of 
 Ethelbert of Kent were the immediate 
 result of the conversion ; those of Wih- 
 traed and Ini of the changes which a 
 century of church organization made 
 necessary in that kingdom and in Wes- 
 sex. The codes of Alfred and Edgar 
 are the legislation which the consolida- 
 tion of the several earlier kingdoms 
 Tinder the West Saxon house demanded, 
 the former for Wessex, Kent and Mercia, 
 the latter for the whole of England." — 
 " The laws of Canute are the enunciation, 
 with the confirmation of the conqueror, 
 now the elected king, of the legislation 
 which he had promised to preserve to 
 the people who accepted him. Most of 
 the shorter laws are of the nature of 
 amendments." Const. Hist, of Engl., 
 vol. I, ch. vii, pp. 194, 195. 
 
 ** Turner's Hist, of Anglo-Saxons, 
 book 8, ch. 5, pp. 190, 191. The eccle- 
 siastical legislation of Ini, Alfred, Eth- 
 elred and Canute is, equally with the 
 temporal, transacted with the counsel 
 of the witan. i Stubbs's Const. Hist., 
 129. "Amongst the ecclesiastical articles 
 which come most naturally within the 
 scope of secular confirmation are the 
 enforcement of Sunday and festival holi- 
 days, the payment of tithe, the estab- 
 lishment of the sanctity of oaths, of 
 marriage and of holy orders, all of them 
 frequent matters of early legislation." 
 Id., 130. "The highest subject on which 
 their general powers of deliberation could 
 be exercised, is exemplified in the accept- 
 ance of Christianity by the Northumbrian 
 witan, as related by Bede." Id., 133; 
 citing Hist. Eccl., ii, 13. 
 
 83 Turner's Hist, of Anglo-Saxons, 
 book 9, ch. 5, of vol. 3, p. igi, et seq., 
 edi. 1852. 
 
 ^f The criminal jurisdiction was much 
 the same under Edward the confessor as 
 
118 Review of period of Saxons 
 
 ruled in the northern part of Gaul, since called France — ruled from 
 496 till 752, when they were supplanted by the Karolingians (Car- 
 lovingians).*^ 
 
 "The chancellor of the Karolingian sovereigns succeeding to the 
 place of the more ancient referendarzus is simply the royal notary: 
 the archi-cancellarius is the chief of a large body of such officers 
 associated under the name of the chancery, and is the official keeper 
 of the royal seal. It is from this minister that the English chancellor 
 derives his name and function." ^ 
 
 As to whether the British kings had their chancellors and court of 
 chancery, it may be difficult to add to the information given in the 
 following passage : 
 
 "Certain it is that both the British and Saxon kings had their 
 chancellors and court of chancery, the only court out of which 
 original writs do issue."*' 
 
 Lord Coke gives some few examples before the conquest. None 
 of them are of British as distinguished from Saxon kings; and the 
 examples of Saxon kings do not extend beyond what appears in ch. 
 3. § 7. PP- 63. 64, and in ch. 4, §§ 2, 3, 4, 5, and 8, pp. 73, 75, 77, 83, 96. 
 In conflict therewith is the view of Mr. Stubbs, that it was in " the age 
 of Edward the confessor" that "the title of chancellor was introduced 
 into England" — that of the English sovereigns he is "the first who 
 had a chancellor.""* *In this view Mr. Stubbs has the support of a 
 tract written between May 1596, and July 1603,"^ the author whereof 
 considers "that the name and office of chancery was first brought 
 into England out of France." Though he may be right in thinking 
 
 it had been in the days of Tacitus. The ficer; the scriptores, notarii and cancel- 
 
 king and witena-gemot may be said to larii seem to have been part of his staff." 
 
 have possessed a superior jurisdiction " In the Karolingian period the archi- 
 
 ' over all persons and over all causes,' cancellarius, or cancellarius, who keeps 
 
 although from the nature of the case the seal, becomes an important officer, 
 
 it may not have been frequently exer- Hid., iii, 426." 
 
 cised." Id., 132. 87^ Inst_^ yg_ 
 
 85Encycl. Am. 88 1 stubbs's Const. Hist., ch. 11, p. 
 
 8^1 Stubbs's Const. Hist., ch. 11, p. 352, and note. 
 
 352. Mr. Stubbs mentions that " Waitz, ssjjargrave's Law Tracts,p. 229; men- 
 
 D. V. G., ii, 409, traces the history of the tioned/orf in ch. 34, § 5. 
 Merovingian referendarius as a lay of- 
 
AND Danes, 449 to 1066. 119 
 
 that Edward the confessor "being brought up in France, or some 
 other, brought it first from thence hither," yet the beforementioned 
 examples in chapters three and four may be consistent even with 
 this position: between EngUsh on one, and Normans and French on 
 the other, side of the channel, there was much intercourse before 
 the times of men named as such examples. " The Normans had had 
 mercantile establishments in London as early as the reign of ^Ethel- 
 red, if notof Eadger."=° 
 
 Mr. Stubbs supposes Edward the confessor to be " the first of our 
 sovereigns who had a seal."" Centuries ago Lord Coke said "the 
 sealing of charters and deeds is much more ancient than some out 
 of error have imagined." °' Any who take an interest in the mat- 
 ter may read his observations, together with those of Mr. Thomas 
 Duffas Hardy.'^ 
 
 g. Of the king: not hereditary, but elected; by whom elected; horn 
 deposed ; his dignity and power ; the connection between the 
 administration of the king's peace and his function as the foun- 
 tain of justice. 
 
 That the accession of the Anglo-Saxon sovereigns was not gov- 
 erned by the rules of hereditary succession is manifest from their 
 history, as shewn in the preceding chapters." The king was, in 
 theory, always elected, and the fact of election was stated in the 
 coronation service, throughout the middle ages, in accordance with 
 
 '"Green's Hist, of Engl. Peop., book and yet Elhelred succeeded in their 
 
 3, ch. I, p. 213, of vol. I. stead. They were still excluded when 
 
 '' I Const. Hist, of Engl., ch. II, p. Alfred and his son received the crown, 
 
 352. So Athelstan, though he may have been 
 
 '^Co. Lit., 7 a. illegitimate, was chosen in preference to 
 
 ''Hardy's Close RoUe, pp. 64, 65, of legitimate brothers. On Edgar's death, 
 
 edi. 1833. both his eldest and his youngest son were 
 
 '^In Wessex, the son of its third king, made candidates for the crown, though 
 Cealwin, did not succeed; the son of Edward was preferred; and although 
 Ceolwulf was equally passed by. Cead- Edmund Ironside left a son, there was 
 walla left two sons, yet Ina acceded, to chosen, in preference to him, first Ed- 
 their prejudice; and he was elected ward the confessor, and afterward's Har- 
 king, though his father was alive. There old the second. Turner's Hist, of An- 
 were other proceedings of the same sort, glo-Saxons, book 8, ch. i, pp. 131, 132, 
 both before and after Egbert. Ethelbert, of vol. 3. 
 the second son of Ethelwulph, left sons, 
 
120 Review of period of Saxons 
 
 most ancient precedent."* The succession was, by constitutional 
 practice, restricted to one family; and the rule of hereditary suc- 
 cession was only set aside in great emergencies, and in very trying 
 times. According to Mr. Stubbs, " the principle may be generally 
 stated thus — the choice was limited to the best qualified person stand- 
 ing in close relationship to the last sovereign." "" 
 
 The election of the kings belonged, both in form and substance, 
 to the witan, although exercised by them in general assemblies of 
 the whole nation. Both the formal election, preparatory to the act 
 of coronation, and the actual selection when the necessity for a free 
 choice occurred, belonged to the witan." The right of deposing a 
 worthless king has been thought to be a corollary from the right of 
 election."* 
 
 Although sometimes the election is mentioned as if other per- 
 sons besides the witan were concerned in it, yet from a compari- 
 son of passages on the subject, the result seems to Mr. Turner to be, 
 that the king was elected at the witena gemot held on the demise of 
 the preceding sovereign; and citizens or lithsmen present at the 
 election were probably the more popular part of the national council, 
 the representatives of the cities and burghs."" 
 
 As the personal dignity of the king increased, and the character 
 
 '°Id., p. 133 to 137, and ch. 3, p. 141; quest, p. 72, and appendix S, pp. 403, 
 
 I Stubbs's Const. Hist., ch. 6, p. 135. 404. 
 
 ^ Mr. Turner remarks that " their *' Turner's Hist, of Anglo-Saxons, 
 
 choice of the cyning in Wessex, even book 8, ch. I, p. 130, of vol. 2; I 
 
 when the heir was disregarded, was Stubbi's Const. Hist , ch. 6, pp. 135, 136. 
 
 always made from the family of its first '*Id., p. 136. But it is not, in reality, 
 
 founder, Cerdic, and usually from the so simple a matter, either in history or in 
 
 kinsmen of the preceding sovereign. theory. Id., 136. The actual exercise 
 
 Hist, of Anglo-Saxons, book 8, ch. I, by the witena gemot of their allowed 
 
 p. 132, of vol. 3. Mr. Stubbs observes and recognized right, must have de- 
 
 that "it is seldom, except in case of rev- pended very much on the circumstances 
 
 oltition or conspiracy, that any one but of the case, and on the character of the 
 
 a son or brother is chosen; and in the sovereign with whom they had to deal." 
 
 case of a king dying in mature years. Id., 139. "The right of the witan to 
 
 his eldest son would be, and was, in depose the king" is treated of in I 
 
 practice, held to be, in every respect, the Freem. Norm. Conquest, p. 71, and ap- 
 
 safest successor." i Const. Hist., ch. 6, pendix R, p. 401 to 403. 
 
 pp. 135, 136. "The election of kings" ''Turner's Hist, of Anglo-Saxons, 
 
 is treated of in i Freem. Norm. Con- book 8, ch. i, p. 131, of vol. 3. 
 
AND Danes, 449 to 1066. 
 
 121 
 
 of his relation to his people was modified, his official powers were 
 developed; and his function as fountain of justice became more dis- 
 tinctly recognized.™ The process by which the national peace 
 became -the king's peace is almost imperceptible."' The adminis- 
 tration of the peace is inseparable from the exercise of jurisdiction ; 
 those who are in the national peace are subject only to the national 
 courts; those who are amenable to any jurisdiction, owe suit and 
 service to the courts of the jurisdiction.'"^ 
 
 10. The fine arts among the Anglo-Saxons. 
 
 " There is an Anglo-Saxon collection of drawings in existence, un- 
 doubtedly produced in the tenth century, whose excellence is such 
 that the artist might have pretended ' to lord it over painting's field,' 
 
 100 The peace, as it was called, the 
 primitive alliance for mutual good be- 
 haviour, for the performance and en- 
 forcement of rights and duties, the vol- 
 untary restraint of free society in its 
 earliest form, was from the beginning of 
 monarchy under the protection of the 
 king. I Stubbs's Const. Hist., pp. 179, 
 180. 
 
 Ml In Anglo-Saxon times the transition 
 is mainly important as touching the or- 
 ganization of jurisdiction. The national 
 officers now execute their functions as 
 the king's officers, and executors of his 
 peace; the shire and hundred courts, 
 although they still call the peace their 
 own, act in his name; the idea gains 
 ground and becomes a form of law. 
 Offences against the law become offences 
 against the king, and the crime of diso- 
 bedience, a crime of contempt, to be ex- 
 piated by a. special sort of fine." Id., 
 pp. 182, 183. 
 
 102 After speaking of immunities which, 
 tying the judicature ti) the land, and 
 forming one of the most potent causes of 
 the territorial tendency, so far ousted 
 the jurisdiction of the national courts, 
 whether held in the name of the king or 
 of the people, Mr. Stubbs says : " In the 
 later laws, the king specifies the pleas of 
 
 criminal justice which he retains for his 
 own administration and profit; such a. 
 list is given in the laws of Canute; 
 breach of the king's protection, house- 
 breaking, assault, neglect of the fyrd 
 and outlawry. These were the original 
 pleas of the crown and were determined 
 by the king's officers in the local courts. 
 By a converse process, such small parts 
 of criminal process as still belonged to 
 these courts, arising from the offences of 
 smaller freemen, together with the vol- 
 untary and contentious jurisdiction for 
 which the courts of the land owners 
 were not competent, came to be exer- 
 cised in the king's name. He interfered 
 in suits which had not passed through 
 the earlier stage of the hundred and the 
 shire; and asserted himself as supreme 
 judge in all causes, not in appeals only. 
 All jurisdiction was thus exercised, either 
 by the king through his officers, or by 
 land owners who had their title from 
 him. The royal officers acted in the hun- ' 
 dred courts with freemen of all classes 
 that still owed suit to them; and the 
 shire courts were composed of all lords 
 of land, scir-thegns, and others, including 
 a representation of the humblest land 
 owners." Id., pp. 186, 187. 
 
122 Review of period of Saxons and Danes. 
 
 even amongst the Cimabues and the Giottos. His name is supposed 
 to have been Godemann." — " The Benedictional of St. Ethelwold, an 
 illuminated manuscript of the tenth century, in the library of the Duke 
 of Devonshire, is the work" alluded to. — "This manuscript was the 
 ancient Benedictional of the See of Winchester; and it is stated at 
 the commencement of the work, that 'A prelate whom the Lord 
 had caused to be head of the church of Winchester, the great Ethel- 
 wold, commanded a certain monk subject to him to write the present 
 book ; he ordered also to be made in it many arches elegantly deco- 
 rated and filled up with various ornamental pictures, expressed in 
 divers beautiful colours and gold.' At the end of this introduction, 
 or dedication, the writer subscribes his name Gocjemann. This monk 
 of St. Swithin's subsequently became Abbot of Thorney. Mr. Gage 
 says, 'Although it is likely that this superb volume, filled with beau- 
 tiful miniatures and ornaments of the richest design, was finished 
 before Godemann had the government of the Abbey of Thorney, we 
 are sure of one thing, that it was executed in this country, between 
 the years 963, when Ethelwold received the episcopal mitre, and 
 984, when he died.'" ^"^ 
 
 103 Penny Magazine for 1844, Jan., pp. Society caused to be beautifully engraved 
 
 25, 26. The manuscript "is fully de- in their 'Transactions' thirty plates of 
 
 scribed by Mr. Gage in the 24th volume the miniatures with which this remark- 
 
 of the 'Archseoiogia ; ' the Antiquarian able work is adorned." Id., p. 26. 
 
Title II. 
 
 INSTITUTIONS OF ENGLAND DURING THE NORMAL 
 
 PERIOD. 
 
 Chap. VI. — Institutions in the reign of William I — 1066 to 1087. 
 VII. — Institutions in the reign of William II— 1087 to 1 100. 
 VIII. — Institutions in the reign of Henry I . — 1100 to 1135. 
 IX. — Institutions in the reign of Stephen — 1135 to 1154. 
 X. — Despotic power in the reigns of the Norman Conqueror and his sons. 
 Rules of law, and modes of proceeding, before the Norman Conquest 
 compared with what existed during the Norman period. 
 
 CHAPTER VI. 
 
 INSTITUTIONS IN THE REIGN OF WILLIAM I— 1066 
 
 TO 1087. 
 
 I. William crowned on Christmas day 1066. How his successive- 
 conquests of English territory should be regarded. 
 
 After Harold was slain, if Edgar Atheling (grandson of Edmund. 
 Ironside) was by the witena-gemot chosen king,' such choice was 
 soon abandoned; on William's approach to London, many of the 
 nobility, and Edgar himself, came into his camp and declared their 
 intention of yielding to him. At Westminster abbey, upon Christ- 
 mas day (1066), William was crowned king by Aldred, archbishop of 
 York.'' 
 
 I2 Lingard's Engl., oh. i, p. 5. Hume's Engl., ch. 4, p. 180; i Turner's 
 
 2 Henry of Huntingdon, book 6, p. Engl., ch. 4, p. 80 to 86; 2 Lingard's 
 
 212; Hayward's Life of Will. I, Harl. Engl., ch. i, pp. 6, 7; i Mackintosh's. 
 
 Miscel., vol. III., p. 133 and p. 146; i Engl., ch. 3, p. 92 of edi. 1830. Con- 
 
124 In Norman period 
 
 In relating the subjugation of England, Sir James Mackintosh 
 observes that " it was a slow, not a sudden conquest. The territory 
 won at the battle of Hastings was not a fourth part of the kingdom.'" 
 
 " The successive conquests in which the Conqueror was engaged 
 ought not to be regarded as, on his part, measures to quell rebellion. 
 They were a series of wars, levied by a foreign prince against 
 unconquered and unbending portions of the Saxon people. Their 
 resistance was not a flame casually lighted up by the oppression of 
 rulers : it was the defensive warfare of a nation who took up arms to 
 preserve, not to recover, their independence. There are few exam- 
 ples of a people who have suffered more for national dignity, and 
 legitimate freedom^ — ''Let us not distort history by throwing the 
 unmerited reproach of want of national spirit on the Anglo-Saxons, 
 and thus placing an impassable barrier between our sympathy and 
 the founders of our laws and liberties, whose language we speak, in 
 whose homes we dwell, and in whose establishments and institutions 
 we justly glory." 
 
 " The wars of William for the conquest of the West, the North 
 and the East, were protracted for seven years after the batde of 
 Hastings." — " In spite of all their misfortunes, the Saxons gave full 
 time for other states to interpose, if any of them had taken alarm at 
 the battle of Hastings. But the people of Europe were then inca- 
 pable of conceiving and feeling their common interest in preventing 
 tmjust aggrandizement"*^ 
 
 2. Of feudalism in William's time. 
 
 In the form which feudalism " has reached at the Norman Conquest, 
 it may be described as a complete organization of society through 
 the medium of land tenure, in which, from the king down to the 
 lowest landowner, all were bound together by obligation of service 
 and defence : the lord to protect his vassal, the vassal to do service 
 to his lord ; the defence and service being based on and regulated by 
 the nature and extent of the land held by the one of the other. In 
 those states which have reached the territorial stage of development, 
 the rights of defence and service are supplemented by the right of 
 jurisdiction. The lord judges as well as defends his vassal; the 
 vassal does suit as well as service to his lord. In states in which 
 
 cerning "the marriage of "William and of England, vol. I, oh. 2, p. 44 of Phila, 
 
 Matilda," there may be reference to 3 edi. 1857. 
 
 Freem. Norm. Conq., p. 80, and appen- '"It was bounded on the north and 
 
 . dix N, p. 433 to 442. In 1068 she was west by a line which we cannot confi- 
 
 sent for to England and crowned at Whit- dently fill up, but which extended from 
 
 suntide. 2 Lingard's Erigl., p. 18; i Dorset to the bay which enters between 
 
 Stubb's Const. Hist., ch. 11, p. 342, note Norfolk and Lincoln." i Mackintosh's 
 
 3. William chose to be recrowned at Engl., ch. 3, p. 98 of Phila. edi. 1830. 
 
 the same time. Miss Strickland's Queens * Id. pp. 98, 99. 
 
io66 TO 1087. 125 
 
 feudal government has reached its utmost growth, the political, finan- 
 cial, judicial, every branch of public administration, is regulated by 
 the same condition." ^ 
 
 " This was the social system which William the conqueror and 
 his barons had been accustomed to see at work in France. One 
 part of it, the feudal tenure of land, was perhaps the only description 
 of tenure which they could understand ; the king was the original 
 lord, and every title issued mediately or immediately from him." ° 
 
 As his persecutions and their own resentments drove almost all 
 the Anglo-Saxon nobility into revolt or exile, the largest part of the 
 landed property of England fell gradually into his hands. He was 
 obliged to grant what he seized or confiscated, to his clamorous 
 followers; but he made military service the indefeasible condition of 
 the donation. This had been customary in England before, to, a 
 modified extent; but many lands had become exempt from it and 
 feeble governments had lost much of the power of enforcing it. It 
 was now imposed as an universal obligation, and its performance was 
 rigidly exacted. This condition of his bounty was made one of the 
 fundamental laws of the kingdom in parliament, where it was ordered 
 that 'all earls, bishops, knights, esquires and freemen, should hold 
 themselves ready in horses and arms to do the king full service, and 
 to go as they ought, and as he by the common counsel of all the 
 kingdom should provide, and as he had granted in hereditary fee." 
 
 All Jfreemen were to take the oath of fealty to the king, and to 
 preserve faithfully his lands and honors, and to defend him against 
 all enemies and strangers,^ 
 
 The Norman king is still the king of the nation. He has become 
 the supreme landlord ; all estates are held of him, mediately or im- 
 mediately; but he still demands the allegiance of all his subjects.' 
 
 *i Stubbs's Const. Hist., ch. ix, pp. soever the tenant did alien or die." — "If 
 
 251, 252. 6 Id., p. 256. any died, his heir being in minority, the 
 
 ' I Turner's Engl., ch. 4, pp. 132, 133, king received the profits of the land and 
 
 citing Leges Will. Conq., ap. Wilkins' had the custody and disposing of the 
 
 Leges Saxon., p. 228. His military grants heir's body until his age of 21 years." 
 
 made 60,000 knights fees on the island. Life of Will. I, in 3 Harl. Miscel., p. 153. 
 Ord. Vit.-523. This was the number of 'i Stubbs's Const, Hist., ch. 9, p. 274. 
 
 knights which he called out on the threat The oath which he exacted at Salisbury 
 
 of a Danish invasion. Id., p. 649. in A. D. 1086 was a modification of that 
 
 *l Turner's Engl., ch. 4, p. 137, taken to Edmund (Id., ch. 6, pp. 148, 
 
 Hayward says : " In all those lands 149), and was intended to set the general 
 
 which he gave to any man, he reserved obligation of obedience to the king in its 
 
 'dominion in chief to himself; for ac- proper relation to the new tie of homage 
 
 knowledgment whereof a yearly rent was and fealty by which the tenant was bound 
 
 paid unto him, and likewise a fine when- to his lord. Id. pp. 274, 275. 
 
126 In Norman period 
 
 All men continued to be primarily the king's men, and the public 
 peace to be his peace.^° 
 
 J. Of Domesday book. 
 
 Of the English chronicle (mentioned in ch. 3, § 8, p. 66,) it is said 
 that it "stands alone among the sources of history, holding a place 
 among the written remains of Teutonic prose, second only to the 
 bible of Ulfilas." " If the EngUsh chronicle stands alone, Domesday- 
 book stands alone also. No other l^nd can show such a picture of a 
 nation at one of the great turning points of its history." " 
 
 The Conqueror had an official survey of the royal rights taken in 
 every part of the kingdom; and we find the hundred, or similar 
 bodies, in every county, making the inquisition to the king's com- 
 missioners, who returned to the sovereign that minute record of his 
 claims upon his subjects, which constitutes the Domesday-book." 
 Hay ward says : 
 
 " He caused the whole realm to be described in a censual roll, so as 
 there was 'not one hide of land but both the yearly rent and the 
 owner thereof were therein set down ; how many plough-lands, what 
 pastures, fens or marshes; what woods, parks, farms and tenements 
 were in every shire; and what every one was worth. Also how 
 many villains every man had, what beasts or cattle, what fees ; what 
 other goods; what rent or commodity, his possessions did yield." — 
 "According to this roll, taxations were imposed, sometimes two 
 shillings, and sometimes six shillings, upon every hide of land (a hide 
 containing twenty acres) besides ordinary provisions for his house."" 
 
 '"Their lords might demand their ser- called Domesday book, either by reason 
 
 vice to fulfill their own obligations, but of the generality thereof, or else corruptly 
 
 the king could call them to the fyrd, instead of Domus dei book; for that it 
 
 summon them to his courts and tax them was laid in the church of Winchester 
 
 without the intervention of their lords ; in a place called Domus Dei." Life of 
 
 and to the king they could look for pro- Will. I. in 3 Harl. Miscel., p. 153. The 
 
 tection against all foes. Id., p., 275. second volume, as printed, of the Dqmes- 
 
 " 5 Freem. Norm. Conquest, p. i to day book, ends an account of Suffolk 
 
 34, edi. 1873; and /(^., appendix A, p. with this annotation : " In the year 1086 
 
 490 to 494, appendix B, p. 494 to 499, this description was made," &c. The 
 
 et seq. to 539. same date is given by old chroniclers 
 
 I'' 3 Turner's Hist, of Anglo-Saxons, cited in i Turner's Engl., ch. 4, p. 140; 
 
 book 8, ch. 3, p. 153 of vol. 3. Hay- 2 Lingard's Engl., ch. I, pp. 56, 57. 
 ward says: "This book was called the •' Life of Will. Lin 3 Harl. Miscel., 
 
 RoUofWinton, because it was kept in the p. 153. 
 city of Winchester. By the English it was 
 
io66 TO 1087. 
 
 127 
 
 The revenues of the crown were the continuation of those which 
 the Anglo-Saxon sovereigns had enjoyed." 
 
 " That every freeman had his definite rights, and every land its 
 ■definite burdens and services, known and established by law and 
 custom," Mr. Turner considers, "is apparent from numerous Anglo- 
 Saxon documents which have survived to us and is fully shown by 
 Domesday book."" 
 
 4. Measures to augment the free and benefit the servile portion of 
 
 the population. 
 
 William took measures to augment the free and benefit the servile 
 portion of the population.'* 
 
 "Almost all the rustic population of England was in the servile 
 state, under the different names of Villani, Bordarii, Servi, Cotarii, 
 Coscez; they were attached to the land, sold with it like the cattle, 
 ■and were a part of its live feoh or living money. But the laws of 
 William gave them legal rights, and rescued them from arbitrary 
 bondage." " 
 
 '* And the commissioners were ordered 
 to enquire, all over the kingdom, what 
 payments had been made to Edward the 
 Confessor. We see these carefully re- 
 corded in Domesday book, i Turner's 
 Engl., ch. 4, p. 136 and note 126; citing 
 Ordericus who (p. 523) says : " That the 
 king received from his just revenue at 
 the rate of sixteen hundred pounds thirty 
 shillings and three half pence a day, 
 ^xcepHs niuneribus regiis et reatuum 
 redempHoniitts aliis que multifliciBus 
 negotiis, which daily increased the king's 
 treasury." 
 
 15 "In which the commissioners ap- 
 pointed by the Conqueror made a specific 
 return of the gelding lands and burghs 
 of the country, and stated the individual 
 payments and share of military burdens 
 to which each was subject, and which 
 only could be claimed from him according 
 to law and ancient custom. The act of 
 the national legislature, to 'which, by his 
 representatives, he assented, could alone 
 subject him to further burdens." Tur- 
 ner's Hist, of Anglo Saxons, book 8, ch. 
 
 4, p. 182 of vol. III. 
 
 IS By enacting that the residence of 
 any of the servile portion of the popula- 
 tion, for a year and a day, without being 
 claimed in any city, burgh, walled town 
 or castle, should entitle them to their 
 perpetual liberty. Turner's Engl., ch. 4, 
 p. 135 ; citing Leg. W. Conq., p. 229. 
 
 " Id. p. 135. It was enacted that lords 
 should not deprive their husbandmen of 
 their land, so long as they did the proper 
 service for it; that these cultivators 
 should not be called upon to do any 
 other work than their due service. In- 
 gulf, p. 90; Leg. W. Conq., 225; and 
 that no man should be sold out of the 
 country. Id. 229. In William's Domes- 
 day inquisitions, one of the legal enqui- 
 ries was, whether any of the peasantry 
 had a right of leaving the lands they 
 occupied, and of going where they 
 pleased; this important privilege was 
 carefully recorded, that they might not 
 be defrauded of it. i Turner's Engl., 
 p. 134. 
 
128 In Norman period 
 
 " An easy mode of emancipation was established, which, from its 
 publicity, 'tended not only to secure the freedom of the liberated, but 
 to give the generous master the satisfaction of knowing that his 
 bounty was witnessed by the first men of his district. In the full 
 county court he was to take his slave by the right hand ; to deliver 
 him to the sheriff; to declare his manumission; to shew him the open 
 door ; and to put into his hands the arms of the free, a lance and a 
 sword." '» 
 
 It was enacted " that all freemen of the whole kingdom should have 
 and hold their lands and their possessions well and in peace, free from 
 all unjust exaction and contribution, so that nothing be exacted or 
 taken from them but the free service which they owe by law and by 
 the tenure of their lands, and as is appointed and granted to them in 
 hereditary right forever by the common council of all our kingdom."" 
 
 J. How far previous laws and courts were preserved. 
 
 On the authority of Ranulf Glanvill''" it is stated that William 
 " issued in his fourth year, a commission of enquiry into the national 
 customs, and obtained from sworn representatives of each county a 
 declaration of the laws under which they wished to live;" and that 
 " the compilation which bears his name is very little more than a 
 reissue of the code" of Edgar or of Canute. And it is said "this 
 proceeding helped greatly to reconcile the English people to his 
 rule."'^ 
 
 Hayward says, " In the beginning of his reign, he ordained that the 
 laws of Edward should be observed, together with those laws which 
 he did prescribe ; but afterwards he commanded that nine men should 
 be chosen out of every shire, to make a true report what were the 
 laws and customs of the realm. Of ■ these he changed the greatest 
 part and brought in the customs of Normandy in their stead; com- 
 manding also that causes should be pleaded, and all matters of form 
 dispatched, in French. Only he permitted certain Danish laws which 
 before were chiefly used in Norfolk, Suffolk and Cambridgeshire, to 
 be generally observed, as having great affinity with his Norman 
 customs ; both being derived from one common head." ^^ 
 
 As to the words in italics, the annotator has subjoined the fol- 
 lowing : 
 
 " This I apprehend, is a misinterpretation of Ingulphus, who does 
 
 IS Id., citing Leg.W. Conq., 229. 268, and ch. 11, p. 385; citing Hove- 
 ls i Turner's Engl., ch. 4, p. 137. den ii., 218, 235; Select Charters, 78. 
 ^'Hoveden ii. pref. p. xlvii; cited in ^spfjntgj in 1613; reprinted in 1810 
 I Stubb's Const. Hist., ch. 9, p. 268. in Harl. Miscel., vol. III., p. 152. 
 21 1 Stubbs's Const. Hist., ch. 9, p. 
 
io66 TO 1087. 129 
 
 not say that the conqueror changed the laws or brought in tlie Nor- 
 man customs in their stead: but, 'Ipsum etiavi idioma tantum abhor- 
 rebant (Normanni) quod legos terra, statuta que Anglicorum regum 
 lingua Gallica tractarentur' p. 71, which affirms only that the 
 emperor had the ancient English laws translated into French, but 
 still they remained the laws of the land and the statutes of the Eng- 
 lish kings. And whoever will consult Madox's History of the 
 Exchequer, p. 123, will find good authority for what is here ad- 
 vanced, and that the change mentioned by our author was not 
 completely brought about till the reign of Henry II."'' 
 
 In a publication in 1649, it is said: 
 
 " As the Danish law was altered by King Edward, so were King 
 Edward's laws disused by the Conqueror, and some of the Danish 
 customs again revived. And to clear this, we must consider that the 
 Danes and Normans were both of a stock, and situated in Denmark, 
 but called Normans from their northern situation, from whence they 
 sailed into France, and setded their customs in that part of it which 
 they called Normandy by their own name, and from thence into 
 Britain. And here comes the great alteration of our English laws 
 by William the Conqueror, who, selecting some passages out of the 
 Saxon, and some out of the Danish law, and in both having great- 
 est respect to his own interest made by''* the rule of his govern- 
 ment; but his own will was an exception to this rule, as often as 
 he pleased." '° 
 
 Exacdy what was done by William may not clearly appear in 
 every respect.''' 
 
 It is said, "he ordained" "his council of state, his chancery, his 
 exchequer, his courts of justice, which always removed with his 
 court. These places he furnished with officers, and assigned four 
 terms in the year for determining controversies among the people ; 
 whereas before, all suits were summarily heard and determined in 
 the Gemote, or monthly convention, in every hundred, without either 
 formalities or delay." '" 
 
 One writer (in 1649) speaks of the alterations by the Conqueror as 
 very great:™ another (in 1689), while admitting that some Norman 
 customs were brought in, says, "the trial by twelve men, and other 
 fundamentals of government, wherein the English freedom consists, 
 
 ^3 Harl. Miscel , p. 152, note. quest, vol. 4, ch. 19, pp. 216, 217. 
 
 2*So in 6 Harl. Miscel., pp. 218, 219. "Hayward's Life of William i, Harl. 
 
 ''^ Id. Miscel., p. 153, of vol. 3, edi. 1810. 
 
 26Preface to 3 Rep., xxi; Francklin's "SReprinted in i8io,in 6 Harl. Miscel., 
 
 Annals, p 259; Freeman's Norman Con- p. 219. 
 
 9 
 
130 In Norman period 
 
 he left untouched, which have remained till this day.'® So it seems 
 to be considered by Mr. Hume,^" Mr. Turner and Dr. Lingard.'' 
 
 This last says, " The national council, though it hardly contained 
 a single native, continued to be constituted, as it had been formerly, 
 of the principal landed proprietors, the immediate vassals of the 
 crown; it assembled at the same stated periods; it exercised the 
 same judicial and legislative powers. The administration of justice 
 was vested in the ancient tribunals, the king's court, the shire-motes, 
 hundred-motes and hall-motes: the statutes of the Anglo-Saxon 
 kings, with the provincial customs known by the names of West- 
 Saxon law, Mercian law and Northumbrian law, were repeatedly 
 confirmed ; and even the rights and privileges of every smaller dis- 
 trict and petty lordship were carefully ascertained, and ordered to be 
 observed." ''^ 
 
 Mr. Stubbs considers that " in the departrrient of law the direct 
 changes introduced by the Conquest were not great." He observes 
 that " Much that is regarded as peculiarly Norman was developed 
 upon English soil, and although originated and systematized by 
 Norman lawyers, contained elements which would have worked in 
 a very different way in Normandy."" Mr. Green says of WiUiam: 
 
 "If. as Conqueror he covered the country with a new military 
 organization, as the successor of Eadward he maintained the judicial 
 and administrative organization of the old English rule." — "The shire 
 became the largest unit of local government, and in each shire the 
 
 ^'Reprinted in 1810, in 9 Id., p 346. new rulers against the avoidance of jus- 
 5" I Hume's Engl., app., pp. 457, 458, tice by the absconding or harbouring of 
 of N. Y. edi., 1850. criminals, it fell with ease into the usages, 
 " I Turner's Engl., ch. 4, pp. 134, 135. and even the legal terms which had 
 ^2 2 Lingard's Engl., ch. I, pp. 55, 56. been common for other similar purposes 
 38 " The Domesday survey may owe since the reign of Athelstan. The trial 
 its principle to a foreign source ; the by battle," which " seems to have been 
 oath of the reporters maybe Norman, brought in by the Normans" (2 Lingard's 
 but the machinery that furnishes the Engl., ch. 1, p. 54), Mr. Stubbs observes, 
 jurors is native; 'the king's barons en- " is a rule of old Teutonic jurisprudence, 
 quire by the oath of the sheriff of the the absence of which from the Anglo- 
 shire, and of all the barons and their Saxon courts is far more curious than 
 Frenchmen, and of the whole hundred, its introduction from abroad." 1 Stubbs, 
 the priest, the reeve and six eorls of pp. 275, 276. Yet he speaks of it as 
 every township.'" If "the collective an innovation much disliked, and says, 
 Frank pledge, which some writers in- " exemption from it was one of the priv- 
 cline to treat as a Norman innovation," ileges conferred by charter on towns in 
 «' were indeed a precaution taken by the the next century." Id., 276, note. 
 
io66 TO 1087. 131 
 
 royal nomination of sheriflfe for its administration concentrated the 
 whole executive power in the king's hands. The old legal constitu- 
 tion of the country gave him the whole judicial power, and William 
 was jealous to retain and heighten this. While he preserved the 
 local courts of the hundred and the shire, he strengthened the juris- 
 diction of the king's court, which seems even in the Confessor's day 
 to have become more and more a court of highest appeal, with a 
 right to call up all cases from any lower jurisdiction to its bar." '* 
 
 ■<5. Of changes in officials and in their titles and functions ; qualifi- 
 cations for and manner of appointment to office, and its tenure. 
 The Norman language more used and studied. 
 
 Dr. Lingard says, William " made it the principal object of his 
 government to depress the natives, and to exalt the foreigners ; and 
 within a few years every dignity in the church, every place of emolu- 
 ment or authority in the state, and almost all the property in the 
 land, had passed into the possession of Normans." '^ 
 
 "With the change of officials came a sort of amalgamation or 
 duplication of titles; the ealdorman, or earl, became the comes, or 
 -count; the sheriff became the vice-comes; the office, in each case, 
 receiving the name of that which corresponded most closely with it 
 in Normandy itself. With the amalgamation of titles came an im- 
 portation of new principles and possibly new functions ; for the Nor- 
 man count and viscount had not exactly the same customs as the 
 earls and sheriffs. And this ran up into the highest grades of 
 organization; the king's court of counsellors was composed of his 
 feudal tenants ; the ownership of land was now the qualification for 
 the witena-gemot, instead of wisdom; the earldoms became fiefs, 
 instead of magistracies, and even the bishops had to accept the status 
 of barons.'"* 
 
 William's first earls were merely successors of the earls of Edward 
 the Confessor." But the need of greater watchfulness seems to have 
 
 '* Green's Short Hist., ch. 2, \ 5, pp. the crown on the head of William to the 
 
 113, 114; Green's Hist. Engl. Peop., prejudice of the legitimate heir, it still 
 
 book 2, ch. I, p. 130, of vol. I. could not authorize him to impose on the 
 
 '' 2 Lingard's Engl., ch. i,p. 28. Dr. English, ecclesiastical superiors, against 
 
 Lingard, citing Orderic, 264-270, states their will." Id., p. 31. 
 
 of the monk Guitmond, a celebrated ^6 j stubbs's Const. Hist., ch. 9, pp. 
 
 disciple of Lanfranc, that " when he was 269, 270. 
 
 -solicited by William to accept an Eng- " " William Fitz-Osbern held Here- 
 lish bishopric, he boldly replied that fordshire as it had been held by Earl 
 .after having spontaneously abandoned Ralph; Ralph Guader, Roger Mont- 
 wealth and distinction, he would never gomery and Hugh of Avranches filled 
 •receive them again from those who pre- the places of Edwin and Morcar and 
 tended to give what was not their own; the brothers of Harold." i Stubbs's 
 and that if the chance of war had placed Const. Hist., ch. 9, p. 270. 
 
132 In Norman period 
 
 been impressed on him in 1074. Thenceforward he governed the 
 provinces through sherififs immediately dependent on himself.^* He 
 may have failed to guard with sufficient care against some of the 
 sheriffdoms becoming hereditary and continuing to be so.^' Yet the 
 Norman lord who undertook the office of sheriff, was the king's 
 representative in all matters, judicial, military and financial in his 
 shire. From him or from the courts of which he was the presiding 
 officer, appeal lay to the king/" 
 
 " In the king's court all the members, in the inferior courts the 
 president and principal assessors, were Normans, who, while they 
 were bound to decide in most cases according, to the laws, were 
 unable to understand the language of the natives. For their instruc- 
 tion and guidance the statutes of the Anglo-Saxon kings were trans- 
 planted into Norman. But where the judges were unacquainted 
 with more than one language it was necessary that the pleadings 
 should be in that idiom. In inferior tribunals much business was 
 of necessity transacted in the language of the people ; but. in the 
 king's court, which, from its superior dignity and authority, grad- 
 ually drew all actions of importance to' itself, causes were pleaded 
 and judgments given in the Norman tongue. This, added to the 
 consideration that all persons enjoying influence and patronage were 
 foreigners, made the study of that language a necessary branch of 
 education ; and those who hoped to advance their children either in 
 the church or state, were careful that they should possess so useful 
 an acquirement." " 
 
 IMl 
 
 3* "Avoiding the foreign plan of ap- the writs and other legal records must 
 
 pointing hereditary counts, as well as have been kept in Latin, as those of the 
 
 the English custom of ruling by vice- exchequer certainly were." — " It will be 
 
 regal ealdormen. He was, however, found on careful examination that very 
 
 very sparing in giving earldoms at all, many of the Norman Latin names are 
 
 and inclined to confine the title to those merely translations of the Anglo-Saxon, 
 
 who were already counts in Normandy not into the corresponding dialectic 
 
 or in France. To this plan there were forms, but into the forms which repre- 
 
 some marked exceptions." Id., p. 270. sented the ideas which to the Norman 
 
 ''Id., p. 272. *Id., p. 276. mind they most nearly resembled. The 
 
 "■2 Lingard's Engl., ch. 1, p. 52. Norman translated the word shire, not 
 
 Probably a more correct idea may be by secHo, or even frovincia, but by comi- 
 
 had from this than from what is stated tatus ; the word scir-gerefa not hy Jiris- 
 
 in 3 Harl. Miscel., 152. Mr. Stubbs posiius provincuB,h\it hy vice-comes; the 
 
 says : " The kings issued their charters gemot is far more frequently the curia 
 
 in English as well as Latin. Richard I than the conventus ; the misericordia 
 
 is the first king of whom no English and amercement have their exact correl- 
 
 document is preserved, and our first atives in the Anglo-Saxon laws." I 
 
 French record belongs to the reign of Const. Hist., ch. ii,p. 443. 
 John. But by far the great majority of 
 
io66 TO 1087. 133 
 
 7. When, wJiere and how the king sat in the witena-gemot ; retaining 
 
 its ancient form. 
 
 The witena-gemot retained the ancient form; the bishops and 
 abbots forming a chief part of it." The king endeavoured to learn 
 the Enghsh language,** and he, if in England, " sat crowned three 
 times in the year in the old. royal towns of Westminster, Winchester 
 and Gloucester,"" holding the royal court, "hearing the complaints of 
 his people, and executing such justice as his " imperfect " knowledge 
 of their law and language, and his own imperious will allowed." 
 "The royal court, containing the tenants in chief of the crown, both 
 lay and clerical, and entering into all the functions of the witena- 
 g^emot, was the supreme council of the nation, with the advice and 
 consent of which, the king legislated, taxed and judged." *^ 
 
 In the one authentic monument of William's jurisprudence, the 
 act which removed the bishops' from the secular courts and recog- 
 nized their spiritual jurisdiction, he tells us that he acts 'with the 
 <;ommon council and counsel of the archbishops, bishops, abbots, 
 and all the princes of the kingdom.' The ancient summary of his 
 laws contained in the Textus Roffensis, is entitied ' What William, 
 king of the English, with his princes, enacted after the conquest of 
 England-' and the same form is preserved in the tradition of his 
 •confirming the ancient laws reported to him by the representatives 
 of the shires. The Anglo-Saxon Chronicle enumerates the classes of 
 men who attended his great courts : ' there were with him all the 
 ^reat men over all England, archbishops and bishops, abbots and 
 earls, thegns and knights.'*" 
 
 *2" Instead of being, as in Normandy, Vit., 529. 
 so insignificant an element that their very ^ i Stubbs's Const. Hist., ch. 9, pp. 
 participation in deliberation has been 268, 269. Hayward says : " His Christ- 
 doubted." I Stubbs's Const. Hist., ch. mas he often kept at Gloucester, his 
 ■9, p. 268. Easter at Winchester, his Whitsontide 
 
 '^ " That he might understand their at Westminster ; and was crowned once 
 
 legal complaints himself, aad redress in the year at one of these places as 
 
 them without delay. His advanced age, long as he continued in England." Life 
 
 and multifarious occupations, however, of Will. I, in 3 Harl. Miscel., p. 156. 
 
 precluded a successful progress." I Tur- *' i Stubbs's Const. Hist., ch. 9, p, 276. 
 
 jier's Eng., ch. 4, p. 104; citing Ord. " Id., ch. 9, pp. 276, 277. 
 
134 In Norman period 
 
 8. Of the separation of church jurisdiction from secular business of 
 courts of law. Precautions of great importance. 
 
 The most important ecclesiastical measure of the reign was the 
 separation of church jurisdiction from the secular business of the 
 courts of law." "Henceforth the bishops and arch-deacons are no 
 longer to hold ecclesiastical pleas in the hundred court, but to have 
 courts of their own; to try causes by canonical not by customary law, 
 and allow no spiritual questions to come before laymen as judges. 
 In case of contumacy the offender may be excommunicated, and the 
 king and sheriff will enforce the punishment. In the same way lay- 
 men are forbidden to interfere in spiritual causes.*^ "The ordi- 
 nance" expressly directed that the new" (spiritual) "courts should 
 not be governed by the municipal law of England, but by the canon 
 law {canones et episcopates leges') ; i. e., by the same law which gov- 
 erned all spiritual courts which recognized the authority of the 
 pope.^" 
 
 "The change involved far more than appeared at first. The 
 growth of the canon law in the succeeding century, from a quan- 
 tity of detached local or occasional rules, to a great body of uni- 
 versal, authoritative jurisprudence, arranged and digested by scholars 
 who were beginning to reap the advantages of a revived study of the 
 Roman civil law, gave to the clergy generally a far more distinctive 
 and definite civil status than they had ever possessed before, and 
 drew into church courts a mass of business with which the church 
 had previously had only an indirect connexion." " 
 
 But William would not admit extreme claims on the part of the 
 popes. "Not only did he distinctly refuse the demand of fealty 
 made by the legate Hubert on behalf of Gregory VII,** but he 
 
 "2 Lingard's Engl., ch. i, pp. 54, 55; and notes. 
 
 Freeman's Growth of Eng. Const., ch. ^Langdell's Svunmary of Eq. PI., p. 
 
 2, p. 279, of 2d edi., Lond., 1873; I xiii. 
 
 Green's Hist, of Engl. Peop., book 2, '' I Stubbs's Const. Hist., ch. 9, pp. 
 
 ch. I, p. 132, of vol. I. 283, 284! 
 
 ^l Stubbs's Const. Hist., ch. 9, p. 283. '^Freem. Norm. Conq., iv, 432-434; 
 
 ^'Ancient Laws and Institutes, p. 213; cited in I Stubbs's Const. Hist., ch. 9, 
 
 cited in Stubbs's Select Charters, pp. 81, p. 285 note; Green's Short Hist., ch. S, 
 
 81; Freem. Norm. Conq., iv, 263, 264, g 2, p. 115. 
 
io66 TO 1087. 135 
 
 seems to have established an understanding with the English church 
 which had the force of a concordat for future times." — " ' He would 
 not suffer that any one ijn all his dominions should receive the pontiff 
 of the city of Rome as apostolic pope, except at his command, or 
 should on any condition receive his letters if they had not been first 
 shewn to himself.' " — "A second rule was this : ' He did not suffer the 
 primate of his kingdom, the Archbishop of Canterbury, if he had 
 called together under his presidency an assembly of bishops, to enact 
 or prohibit anything but what was agreeable to his will and had been 
 first ordained by him.'" — "A third rule was this'- 'he did not allow 
 any of his bishops publicly to implead, excommunicate, or constrain, 
 by penalty of ecclesiastical rigour, any of his barons or servants who 
 was informed against, either for adultery or for any capital crime, 
 except by his own command.'"^' 
 
 p. Wkai the king did to have places of archbishops and other ecclesi- 
 astics properly filled; bringing from Italy and elsewhere men 
 famous for learning and integrity- Particularly of Lanfranc, 
 the successor of Stigand, as Archbishop of Canterbury. Of Lan- 
 franc' s suit as archbishop, against the Earl of Kent. 
 
 Hay ward says of the Conqueror, that "he procured Stigand, arch- 
 bishop of Canterbury, Angelwine, bishop of East Angles, and certain 
 other bishops and abbots, to be deprived by authority from Rome," 
 and detained them in prison during their lives, that strangers might 
 enjoy their places." ^ But on another page is this passage : 
 
 " He furnished ecclesiastical dignities, with men of more sufficiency 
 of worth than had been usual in former times. And because within 
 his own dominions, studies did not flourish and thrive, by reason of 
 the turbulent times, — by reason of the often invasions of barbarous 
 people, whose knowledge lay chiefly in their fists, — he drew out of 
 Italy and other places many famous men, both for learning and integ- 
 rity of life, to-wit : Lanfranc, Anselm, Durand, Trahern and others. 
 These he honoured, these he advanced ; to these he expressed great 
 testimonies, both of favour and regard." ^ 
 
 ^ I Stubbs's Const. Hist., ch. 9, pp. 149, note. 
 
 285, 286. 56 Id., p. 149. 
 
 5' In a provincial council held at Win- "Life of Will. I, in 3 Harl. Miscel., 
 
 Chester, in the presence of two cardinals. p. 158. ' 
 Life of Will. I, in 3 Harl. Miscel., p. 
 
136 In Norman period 
 
 Notwithstanding the language quoted in § 6, p. 131, from Dr. Lin- 
 gard, he says, " to the praise of William, it should be observed, that, 
 with one or two exceptions, he admitted none to the higher ecclesi- 
 astical dignities, who. were not distinguished by their talents and 
 virtues."" Lanfranc, the first named (of those just mentioned), is 
 very highly commended by the best historians.*' 
 
 "After acquiring some celebrity in" Pavia (where he was born 
 about 1005), and " was for several years professor of laws, his anxiety 
 to travel took him to Normandy, where he first opened a school at 
 Avranches, and eventually, about 1042, retired to the poor and 
 lowly abbey of Bee, then one of the most insignificant of the Norman 
 monasteries. Herluin, the abbot, discovering his talents, induced 
 him to resume his office of teacher; and the fame of his lectures 
 became so widely extended that students flocked to them from all 
 parts. Pope Alexander II, being one of his pupils. He thus diffused 
 a taste for knowledge among the clergy, and to him, in a great 
 degree, is to be attributed the revival of Latin literature and the 
 liberal arts in France." — "Duke William, who highly appreciated his 
 talents, took the advantage of his visit to Rome by employing him 
 to obtain a repeal of the sentence of excommunication to which he 
 had been subject by Mauger, archbishop of Rouen, on account of 
 his marriage with Matilda, alleged to be related to him within the 
 forbidden degrees of consanguinity. Lanfranc was successful in 
 obtaining the papal dispensation, accompanied by a condition that 
 William and his wife should each found an abbey at Caen. This 
 injunction they immediately obeyed, dedicating one of them to St. 
 Stephen, and the other to the Holy Trinity. Of the former Lanfranc 
 was appointed the first abbot in 1063 ; and pursued his lectures there 
 with increased celebrity. William entrusted to him the education of 
 his children, and offered him the archbishopric of Rouen, which he 
 was> allowed to refuse ; but after the Conquest, on the removal of 
 Stigand from the archbishopric of Canterbury, the king, feeling the 
 importance of supplying his place with a man of weight and pru- 
 dence, faithful to his interests, and equal to the burden, selected Lan- 
 franc as his successor, and overcame the scruples with which the 
 modest abbot resisted his elevation." — " He was accordingly conse- 
 crated in August, 1070, and on visiting Rome in the following year 
 to receive the pall, was welcomed with particular respect by his 
 former pupil, Alexander II, who rose to give him audience, kissed 
 him instead of presenting his slipper for that obeisance, and not 
 
 5'2 Lingard's Engl., ch. I, pp. 29, 30. Norm. Conquest, p. 146, et se^., edi. 
 
 S8 Turner's Engl., book 2 ch. 2, p. 1873; 3 Id., p. 68 et seq.; 1 Stubbs's 
 
 211, of vol. 4, Lond. edi., 1825; Id., Const. Hist., ch. 9, p. 281, ch. 11, p. 
 
 215, notes 16, 17, and p. 217; 2 Lin- 441 ; Green's Short. Hist., ch. 2, I 3, p. 
 
 gard's Engl., ch. i, pp. 30, 31 ; 2 Freem. 102, and g 5, p. 114. 
 
io66 TO 1087. 137 
 
 satisfied with giving him the usual pall, invested him with that which 
 he had himself used in celebrating mass."*" 
 
 Mr. Stubbs speaks of Lanfranc as William's 'great adviser' 
 and ' a very able and conscientious helper ' : 'a statesman as well 
 as a theologian, a lawyer as well as a scholar, and in feeling quite 
 as much an Englishman as a Norman."" 
 
 Lanfranc's influence with William was undoubted. Against the 
 king's brother,*' Odo, bishop of Bayeux, and earl of Kent, suit was 
 instituted by Lanfranc for manors which, belonging to the archbish- 
 opric, had been taken possession of by Odo while Stigand was in 
 disgrace.*'^ 
 
 10. Of the trial of the suit between Lanfranc, as archbishop of Can- 
 terbury, and Odo, as earl of Kent; and of the suit between 
 Gundulf, bishop of Rochester, and Picot, sheriff of Cambridge- 
 shire : in what court, in whose presence, and with what result. 
 
 "The great suit" (mentioned in the last paragraph of the pre- 
 ceding section) "between Lanfranc, as archbishop of Canterbury, 
 and Odo, as earl of Kent, which is perhaps the best reported trial 
 of the reign, was tried in the county court of Kent, before the king's 
 representative, Gosfrid, bishop of Coutances; whose presence, and 
 that of most of the gneat men of the kingdom, seem to have made 
 it a witena-gemot. The archbishop pleaded the cause of his church 
 in a session of three days, on Pennenden Heath ; the aged South- 
 Saxon bishop, Ethelric, was brought by the king's command to 
 declare the ancient customs of the laws, and with him several other 
 Englishmen skilled in ancient laws and customs. All these good 
 and wise men supported the archbishop's claim, and the decision 
 was agreed on and determined by the whole county. The sentence 
 was laid before the king and confirmed by him." Mr. Stubbs says : 
 " Here we have probably a good instance of the principle universally 
 adopted; all the lower machinery of the court was retained entire, 
 but the presence of the Norman justiciar and barons gave it an addi- 
 tional authority, a more direct connection with the king, and the 
 appearance at least of a joint tribunal." ^ 
 
 ^'Foss's Biogr. Jurid. 277, and ch. II, p. 349; citing what is 
 
 ™l Stubbs's Const. Hist.,ch. 9, p. z8l. "printed in Anglia- Sacra, \, 334-336, 
 
 " A younger son of Arlotta, the mother from the Textus Roffensis, Wilkins' Con- 
 
 of William by Herluin de Conteville, cilia, 1,323,324;" and mentioning the 
 
 whom she married after her connection litigation as " referred to in Domesday 
 
 with Robert, Duke of Normandy. Id. i, fol. 5." Mr. Foss states that "the 
 
 62 /fi'. restoration of twenty-five manors was 
 
 "^ I Stubbs's Const. Hist., ch. 9, p. adjudged to" Lanfranc. 
 
138 In Norman period 
 
 There is "an account of another trial of some interest between 
 Gundulf, bishop of Rochester, and Picot, sheriff of Cambridgeshire. 
 The suit was brought before the king; he called together the county 
 court of Cambridgeshire and directed that the right to the disputed 
 land should be decided by their judgment. Bishop Odo presided. 
 The Cambridgeshire men, in fear of the sheriff, decided against 
 Gundulf Odo thereupon decided that they should choose twelve 
 out of their number to swear to the truth of their report. The 
 twelve swore falsely ; and one of them having confessed his perjury 
 to Odo, he ordered the sheriff to send the jurors up to London, and 
 with them twelve of the best men of the county. He also sum- 
 moned a body of barons. This court of appeal reversed the decisioa 
 of the shire. The twelve best men tried to deny their complicity 
 with the perjurers, and Odo offered them the ordeal of iron. They 
 failed under tha test, and were fined by the rest of the county three- 
 hundred pounds, to be paid to the king."" 
 
 II. Of the court of chancery. Names of chancellors in William's 
 
 reign. 
 
 What Lord Coke says, ' touching the court of chancery before the 
 Conquest,' is followed with the observation that "Polydor Virgill,. 
 who affirmeth this court to come in with the QoviO^exor, perperam 
 erravit" ^^ 
 
 Of the chancellors in the reign of William the Conqueror, some 
 are mentioned in 4 Inst., 98. Arfastus (or Herfastus), by birth a 
 Norman, who had been one of William's chaplains ^ before the Con- 
 quest, and continued after it in favour with him, became his chancellor 
 — and (Mr. Foss thinks) was probably his first chancellor — in England."" 
 
 **I Stubbs's Const. Hist., ch. 9, p. But this was soon terminated by the 
 
 2gy,noie. On page 347, in note i, Mr. dulie ; and Lanfranc became first a monk,, 
 
 Stubbs refers to-Ang. Sac. 1,339; and and then prior, of the monastery. Foss's 
 
 to Liber Eliensis (ed. Stewart) i, 252. Biogr. Jurid. 
 
 ^4 Inst., 78. 87 [je held [jje office at Whitsuntide 
 
 *8 He had been a monk in the abbey of 1068, his name, with that addition being 
 
 Bee, in Normandy, where his pretensions attached to a charter, which Mr. Foss 
 
 to learning, however slender, seem to states, on inspection, appears to be of that 
 
 have made some show, perhaps from the date. He was also chancellor in the fol- 
 
 greater ignorance of others. As one of lowing year, and probably retired about 
 
 the duke's chaplains, he, in great pomp, the middle of the year 1070, when he 
 
 visited the abbey after Lanfranc had received the bishopric of Helmham in 
 
 raised its character. His deficiencies Norfolk — not Helmstadt, in Germany, as 
 
 were then somewhat rudely ridiculed and stated by Oldmixon and another. Ar- 
 
 exposed by Lanfranc. Arfastus, in re- fastus died in 1084, and was buried in 
 
 venge, procured Lanfranc's banishment. his cathedral. Biogr. Jurid. 
 
io66 TO 1087. 139' 
 
 Those who held the office during the remainder of this reign seemed 
 to Mr. Foss to.be as stated below.*^ 
 
 12. To whom was, in the king's absence, entrusted the administra- 
 tion — the presiding over the Curia Regis and managing the 
 revenue. How the justiciar became a permanent functionary . 
 
 To WiUiam Fitz-Osborne (count of Bretteville in Normandy), and 
 to the king's half-brother, Odo, the bishop of Bayeux, was, during the 
 king's absence, in 1068, entrusted the administration"^ — the presiding 
 over the Curia Regis, and managing the king's revenue. When 
 the king went to Normandy in . 1073, William de Warenne was left 
 as joint chief justiciary of the kingdom, with Richard, called first 
 de Fitz-Gilbert, from his father, and afterwards de Benefacta, from 
 his estate of Benefield, in Northamptonshire.'" During this absence 
 of the king tidings reached him of the plot of Roger, earl of Here- 
 ford, mentioned in 2 Inst., 50. It was so 'early suppressed that 
 Lanfranc, the archbishop of Canterbury, in a dispatch to the king, 
 requests him not to trouble himself to cross the seas for such a 
 cause." Mr. Turner treats Lanfranc as "one of the regency" at this 
 
 ^It was held between 1070 and 1074 William, was the first wife of Fitz Os- 
 
 by Osbert, perhaps the Osbert then made borne. Toss's Biogr, Jurid. His son,, 
 
 bishop of Exeter; between 1075 and Roger, is the earl of Hereford, men- 
 
 1078 by Osmund, who became bishop of tioned by Lord Coke in 2 Inst., 50- 
 
 Salisbury; between 1078 and 1083 by In the anto-biography of Roger Brooke 
 
 Maurice, then made bishop of London ; Taney, late chief justice of the supreme 
 
 after him, probably between 1083 and court of the United States, there is no- 
 
 1085 by William Welson, who, at Christ- suggestion of his being descended from 
 
 mas, 1085, received the bishopric of Roger de Toney, but it is stated that his 
 
 Thetford, and was succeeded by WiUiam mother was the daughter of Roger 
 
 Giffard, the last chancellor of William Brooke, a descendant of Robert Brooke,., 
 
 I. The account in this section is taken who arrived out of England in Maryland 
 
 from Biogr. Jurid., and varies from that the 29th of June, 1650, and was de- 
 
 in I Campbell's Lives of the Chancel- scended from Roger Brooke, born th& 
 
 lors, ch. 2, p. 41 to 46. 20th of September, 1637, at Bretnock 
 
 " I Turner's Engl., ch. 4, p. 89. The College, whose mother was Mary, second 
 
 southern division was appropriated to daughter to Roger Mainwaring, doctor of 
 
 Odo, and the northern to Fitz-Osborne, divinity and dean of Worcester. Me- 
 
 on whom the earldom of Hereford 'and moir of Taney, p. 20 to 27. 
 
 the office of constable or marshal {magis- "• Foss's Biogr. Jurid. 
 
 ter miliium) were also conferred. Ade- " I Turner's Engl., ch. 4, p, 1 14,;, 
 
 line, daughter of Roger de Toney, a great citing Lanfranci Opera Omnia. Ep. 34,. 
 
 Norman baron, standard-bearer of King p. 318. 
 
140 In Norman period 
 
 period." Dugdale infers that Lanfranc, in conjunction with Geof- 
 frey, bishop of Coutance, and Robert, earl of Moreton, held the 
 office of chief justiciary during some part of the Conqueror's reign; 
 and Mr. Fobs thinks this inference . correct." Mr. Stubbs mentions 
 that in the king's absence " the administration was entrusted to a 
 justiciar, a regent or lieutenant of the kingdom." He observes that 
 " the convenience being once ascertained of having a minister who 
 could, in the whole kingdom, represent the king, as the sheriff did 
 in the shire, the justiciar became a permanent functionary."'* 
 
 /J. Under what circumstances the king, becoming his own officer 
 arrested his half-brother, Odo, bishop of Bayeux and earl of 
 Kent. 
 
 The king's half-brother, Odo, not content with being bishop of 
 Bayeux and earl of Kent, conceived the project of purchasing the 
 papacy. Having bought a palace at Rome, and engaged English 
 nobles in the enterprise, and obtained ships for the conveyance of 
 them and his treasures to Rome to await the death of Pope Gregory 
 VII, he had, during the king's absence in Normandy, in 1079, col- 
 lected his friends, and was ready to sail from the Isle of Wight when 
 the king hastened to the scene and ordered his arrest. The fear 
 of incurring ecclesiastical censure restraining his officers, the king 
 became his own officer, and made the arrest himself Odo claiming 
 the privilege of his order and appealing to the pope, William, on 
 the suggestion of Lanfranc, answered, ' L do not arrest the clergy- 
 man, or the bishop, but my own earl, whom by my own will I made 
 governor of my kingdom, and from whom I require an account of 
 his stewardship.' Afterwards, Odo was committed to custody in the 
 casde of Rouen, where he remained a prisoner till the end of Wil- 
 liam's reign.'" 
 
 "Id., p. 1(4. Engl., ch. I, p. 62; Green's Short Hist., 
 
 "Biogr. Jurid. ch. 2, § 6, p. 116; Green's Hist, of 
 
 '*i Stubbs's Const. Hist., ch.9, p. 276, Engl. Peop., book 2, ch. i, pp. 132, 133, 
 
 '^Foss's Biogr. Jurid.; 2 Lingard's of vol. 1. 
 
io66 TO 1087. 141 
 
 14. Of William! s character ; his queerC s death ; his last illness, and 
 his death (in loSf). 
 
 " William surpassed all his contemporary rulers in a capacity for 
 command — in war certainly, and probably also in peace. Sagacity, 
 circumspection, foresight, courage, both in forming plans and facing 
 dangers, insight into character, ascendant over men's minds ; all these 
 qualities, he doubtless possessed in a very high degree." — " In exten- 
 uation of his perfidy and cruelty," it is observed "that he did not 
 so far exceed chiefs of that age in these detestable qualities as he 
 unquestionably surpassed them in ability and vigour." '* 
 
 His queen died about 1083; the king survived her about four 
 years; and they were years of trouble." Being on the continent 
 when his last illness began, he was taken to Rouen, and by his own 
 desire removed to a monastery without the walls.™ 
 
 Mr. Stubbs regards "his confession on his death- bed, if actually 
 made as related by Ordericus," as " one of the most singular monu- 
 ments of history. He looked back for fifty-six years on Normandy, 
 and recounted what he suffered at the hand of his enemies, and how 
 he had repaid them. He looked forward also, and augured of the 
 future; but he did not attempt to do violence to destiny. Robert 
 must have Normandy ; William he wished, but dared not command, 
 should have England; Henry he was sure would have all in the 
 end."" 
 
 To Lanfranc the king sent a letter recommending William's coro- 
 nation.^ Shortly before the king's death, he ordered the release 
 from prison of all captives (on condition of their swearing to be 
 peaceable) with but one exception, which was of his brother, Odo. 
 He was surprised with intercessions for Odo ; pressed with assertions 
 of his reformation, he at last unwillingly consented to his brother's 
 discharge. The king died the 9th of September, 1087.*' 
 
 '61 Mackintosh's Engl., ch. 3, p. loi, Turner's Engl., ch. 4, p. 126 to 128. 
 
 of Phila. edi., 1830. Hayward says "when he had reigned 
 
 " r Tumer|s Engl., ch. 4, p. 121, to twenty years, eight months and sixteen 
 
 123. days, in the sixty-fourth year of his age." 
 
 ™Id., pp. 124, 125,. His body was carried to Caen, and there 
 
 " I Stubbs's Const. Hist., ch. 10, p. buried in the church of St. Stephen ; and 
 
 294. his son William had a monument built 
 
 *• I Turner's Engl., ch. 4, pp. 125, 1.26. over him., 3 Harl. Miscel., p, 160 to 162. 
 
 81 Turner says " in his sixty-third year." 
 
142 In Norman period 
 
 CHAPTER VII. 
 
 INSTITUTIONS IN THE REIGN OF WILLIAM II— 1087 
 
 TO 1 100. 
 
 I. What William promised, and what oaths he took, to secure the 
 
 crown. 
 
 " The Conqueror's last wish for the disposal of England was con- 
 fided to Lanfranc, as the head of the witena-gemot of the kingdom ; 
 and Lanfranc proceeded to secure the fulfilment of it in such a consti- 
 tutional way as lay open to him, when the majority of the baronage 
 were inclining to Duke Robert. William was ready to make any 
 promise to secure his crown. He swore to Lanfranc that if he were 
 made king he would preserve justice and equity and mercy through- 
 out the realm, would defend against all men the peace, liberty and 
 security of the churches, and would, in all things, comply with his 
 precept and counsel. On this understanding Lanfranc crowned him" 
 (Sep. 26, 1087),^ "and received the formal enunciation of the engage- 
 ment in the coronation .oaths. The outbreak of war immediately 
 after, forced from him another acknowledgement of his duty. He 
 found Lanfranc his ablest adviser, Wuifstan his most energetic sup- 
 porter ; he called the English together, declared to them the treason 
 of the Normans, and begged their aid. If they would assist him 
 and be faithful in this need, he would grant them a better law of 
 their own choosing; he forbade on the instant all unjust taxatjon, and 
 surrendelired his hold on their forests. The English too wiUingly 
 believed him, and throwing themselves with energy into the struggle, 
 brought it to a successful issue." ' 
 
 2. Of the justiciars in 1087 and 1088. 
 
 Mr. Foss mentions that " on the Conqueror's death, in Sept. 1087, 
 Odo" (bishop of Bayeux), "returned to England, and was restored 
 to his earldom of Kent and the vast possessions which he had for- 
 feited;" that "he was present at' the court which William Rufus held 
 
 1 1 Lingard's Engl., ch. 2, p. 77. ch. S, p. 141 to 145. The text is from i 
 
 sid.,p. 75 to 79; I Turner's Engl., Stubbs's Const. Hist., ch. lo, pp. 295, 296 
 
1087 TO IICXD. 143 
 
 at the following Christmas;" and that on this occasion "he is 
 ■described as ''justiciarius et princeps toiius AngHce.' " Mr. Foss also 
 refers to William of Malmsbury {Gesia Regum, 486, &c.,) as say- 
 ing that William de Carilefo^ bishop of Durham, was appointed by 
 William Rufus to administer the public affairs in 1088; and to 
 Roger de Wendover (ii, 32, 34,) as stating that he was made 'jus- 
 ticiarius! But the tenure of the office oi justiciarius by either of 
 these bishops must have been very short. For Carilefo, in the 
 spring of 1088, had joined Odo in the confederacy to depose King 
 William and raise his brother Robert to the throne; and both Odo 
 and Carilefo were soon obliged to quit the kingdom.* 
 
 S- Of the Archbishop of Canterbury as the constitutional adviser of 
 the Crown. Lanffanc, the king's best counsellor, died in io8g. 
 Of the chancellors before logj. 
 
 Speaking of the ecclesiastical members of the witena-gemot of 
 the kingdom, now subsisting under the title of the great court or 
 •council, Mr. Stubbs says, " the archbishop of Canterbury is still 
 recognized as the first constitutional adviser of the crown. William 
 Rufus acknowledged, the right of Lanfranc as distinctly as Henry I 
 ■does that of Anselm." ° 
 
 When reminded by Lanfranc of the promises mentioned in § i, the 
 king is said to have answered in wrath, ' who is there who can fulfill 
 all that he promised?' So far as Lanfranc had power, he continued 
 to employ it in the advancement of justice and the protection of the 
 
 ^ A native of Bayeux, who became a Rome ; and by others that he accompa- 
 monk of St. Carilefo, from which he nied Robert on his expedition to Jerusa- 
 was advanced to be abbot of St. Vin- lem, and was killed at the siege of An- 
 centius ; both being monasteries in the tioch. Carilefo, after a banishment of 
 province of Maine. He was elected two or three years, was permitted to re- 
 bishop of Durham, November 10, 1080. turn to England. He died at Windsor, 
 Foss's Biogr. Jurid. January 2, 1095, but his remains were 
 
 *Odo retired to Normandy, and as- removed to Durham, and deposited in 
 
 sisted Robert in his dukedom. It is his cathedral. Id. 
 supposed by some that he died in 1096, ' I Const. , Hist., ch. 11, p. 359. 
 
 and was buried at Palermo on his way to 
 
144 In Norman period 
 
 English; to a considerable extent his counsels prevailed until his 
 death, May 24', 1089, at the age of eighty-four.* 
 
 William Giffard, who was the last chancellor to William I, is gen- 
 erally mentioned as the first chancellor under William II, and to have 
 been succeeded in 1090 by Robert Bloet,' who resigne4 the Great 
 Seal when he was consecrated bishop of Lincoln in 1093,* and was 
 succeeded by Galdric' 
 
 4. In logj the king, being ill, made new promises, and chose Anselm 
 archbishop of Canterbury ; the king's conduct afterwards was 
 worse than before. 
 
 After Lanfranc's death, the king 'began to act with unrestrained 
 and wanton tyranny.' 
 
 "In A. D. 1093, when" the king" "either believed himself to be 
 dying, or wished to purchase a reprieve by repentance, he made a 
 formal declaration, pledging his faith and making the bishops the 
 sureties- between himself and his God, sending them to make the 
 promises for him before the altar. A written proclamation was made 
 and sealed, all prisoners were to be released, all debts pardoned and 
 all offences forgiven and forgotten. To all the people, moreover, 
 were promised good and holy laws, the inviolable observance of 
 right and a severe examination into wrongs such as should frighten 
 all men from evil doing. The king recovered, but behaved worse 
 than ever."" 
 
 8 I Stubbs's Const. Hist., ch. 10, p. 296, Lingard's Engl., 76) as accompanying 
 and oh. 1 1, p. 359. Foss's Biogr. Jurid. William Rufus to England upon the Con- 
 Mr. Foss says, " His private charities were queror's death. 
 
 widely diffused, and his munificence as a ' Henry of Huntingdon, book 7, p. 224. 
 
 prelate is proved by his rebuilding the ca- Mr. Foss who in his account of Lanfranc, 
 
 thedral of Canterbury, recently destroyed specifies May 24, 1089, as the day of his 
 
 by fire, together with all the buildings for death, makes the mistake of saying as to 
 
 the monks, whose numbers he increased Bloet that "he was consecrated by Arch- 
 
 from 20 to 140. He founded also the bishop Lanfranc in 1093." 
 
 two hospitals of St. Nicholas at Harble- ' Mr. Foss says, " Dugdale erroneously 
 
 doun, and of St. John at Canterbury, for calls this chancellor Baldricus, and places 
 
 lepers and the infirm ; he repaired many him in the reign of William the first." 
 
 churches and monasteries in his diocese Dugdale seems to be followed by Lord 
 
 which had suffered in the wars ; and he Campbell ; Baldric being mentioned by 
 
 contributed largely to the restoration of him as in the Conqueror's reign. Lives 
 
 Rochester cathedral." He " was buried of Chancellors, ch. 2, p. 44 of 2d edi. 
 
 in his cathedral" at Canterbury. Id, 1° I Stubbs's Const. Hist., ch. 10, pp. 
 
 ' Probably the Bloet mentioned (in 2 296, 297. 
 
io87 TO iicK). 145 
 
 Before his illness, when solicited to nominate a successor to Lan- 
 franc, he had frequendy replied that he would never part with the 
 temporalities of Canterbury. Now (in 1093) when the bishops 
 renewed their importunities he exclaimed that he gave the office to 
 Anselm." Anselm refused it for a considerable time; seven months 
 elapsed before he could be induced to receive the archepiscopal 
 consecration ; afterwards, " on the very day on which he entered 
 Canterbury, and as he was going in procession to his cathedral, 
 Flambard" (the subject of the next section) "arrested him in the 
 street, and summoned him to answer in the king's court for some 
 imputed breach of the royal prerogative." After other vexations, 
 Anselm left England, in 1095, and went to Rome; and the king 
 persevered in his rapacious and voluptuous career.'^ 
 
 ^. Of the character and offices of Ralf (or Ramdph) the Flambard; 
 called by Henry of Huntingdon "the king's pleader, or rather his 
 perverter of justice, the instrument of his exactions'' Whether 
 he is entitled to be called the father of English lawyers, or law 
 writers. The king's works of architecture and engineering ; 
 especially of Westminster Hall. 
 
 " Ralf (afterwards surnamed the Flambard,^' or devouring torch,) 
 was a Norman clergyman, of obscure birth, of ready wit, dissolute 
 morals and insatiable ambition. He had followed the court of the 
 Conqueror and first attracted notice in the capacity of a public 
 informer. From the service of Maurice, , bishop of London, he 
 passed to that of William." — " His ingenuity was successfully em- 
 ployed in devising new methods pf raising money. The liberty of 
 hunting was circumscribed by additional penalties ; to multiply fines, 
 new offences were created ; capital punishments were commuted for 
 pecuniary mulcts ; and another survey of the kingdom was ordered, 
 to raise the land tax of those estates which had been underrated- in 
 the record of Domesday. By these acts Flambard earned the eulo- 
 gium which was pronounced on him by the king, that he was the 
 
 "" The- celebrated Anselm, a native ^^Id., p. 95 to loi ; Green's Short 
 
 of Aoust, in Piedmont, and abbot of Hist., ch. 2, § 6, p. u8; i Green's 
 
 Bee, in Normandy, is mentioned in ch. 6, History of Engl. Peop., ch. 2, p. 139. 
 
 I 9. He had, at this period, accidentally "' J\Ientioned in i Campbell's Lives of 
 
 arrived in England, where he had been the Chancellors, ch. 2, p. 48 to Jo of 2d 
 
 invited by Hugh, earl of Chester." 2 edi. (1846.) 
 Lingard's Engl., ch. 2, p. 95. 
 10 
 
146 In Norman period 
 
 only man who, to please a master, was willing to brave the vengeance 
 of the rest of mankind." " 
 
 It is not easy to determine the precise nature or title of his office. 
 
 Lord Coke says, "As, in omni re nascitur res qucB ipsam rem 
 exterminat, unless it be timely prevented (as the worm in the wood, 
 or the moth in the cloth, and the like), so oftentimes no profes- 
 sion receives a greater blow than by one of their own coat. For 
 Ranulph, an ecclesiastical person, and King William Rufus, his 
 chaplain, a man subacto ingenio and prof unda nequitia, was a factor 
 for the king in making merchandize of church livings, inasmuch as 
 when any archbishopric, bishopric or monastery became void, first 
 he persuaded the king to keep them void a long time and converted 
 the profits thereof sometime by letting and sometime by sale of 
 the same, whereby the temporalities were exceedingly wasted and 
 ■destroyed. Secondly, after a long time no man was preferred to 
 them, per tradiiionem annuli et baculi, by livery of seisin, freely, as 
 the old fashion was, but by bargain and sale, from the king to him 
 that would give most, by means whereof the church was stuffed 
 with unworthy and insufficient men, and many men of lively wits 
 and towardliness in learning, despairing of preferment, turned their 
 studies to other professions. This Ranulf, for serving the king's 
 turns, was advanced first to be the king's chancellor, and after to be 
 bishop of Duresme" (Durham), "who, after his advancement to so 
 high dignities, made them servants to his sacreligious and simoniacal 
 designs." 
 
 This passage, in 2 Inst., 15, is not referred to by Mr. Foss. He 
 mentions that William Giffard, in the character of chancellor, wit- 
 nessed a charter witnessed by Robert Bloet, bishop of Lincoln, who 
 was raised to that see in 1093, and by Walkeline, bishop of Win- 
 chester, who died in January, 10^8 ; and therefore infers that Giflfard 
 must have been made chancellor after 1093, ^^id before January, 
 1098. This inference seems reasonable. Yet, consistently therewith, 
 Ranulf may have been the king's chancellor some part of the inter- 
 val between 1093 and January 1098. Not only is this in accordance 
 with Lord Coke's statement, but it is supported by what Mr. Foss 
 cites from Godwin and from Spelman. 
 
 By whatever tide Ranulph was distinguished, he was, as Mr. Foss 
 states, "clearly the king's chief minister." Henry of Huntingdon, in 
 Jiis account of 1099, says : " That year the king gave the bishopric of 
 
 " 2 Lingard's Engl., ch. 2, pp. 92, 93. 
 
io87 TO iicx). 147 
 
 Durham to Ranulf, his pleader, or rather, his perverter of justice, the 
 instrument of his exactions, which exhausted all England."" 
 
 " Ra:nulf was not only the ' exactor ' of all the business of the king- 
 dom, but the ' placitator ' also. ' He drove and commanded all his 
 gemots over all England.' His management broke up for a time the 
 old arrangements of the hundred and shire-moots, making them mere 
 engines of extortion, so that men rather acquiesced in wrong than 
 sought redress at such a price." — "The subordinates of the court 
 followed the example of their chief; no man was safe against them ; 
 the poor man was not protected by his poverty, nor the rich by his 
 abundance."^' 
 
 "Ingram quotes a curious notice of him" (Ranulf) from the 
 chronicle of Peterborough," which informs us that he wrote a book 
 (now lost) 'on the laws of England.' Ingram says, "he may there- 
 fore be safely called the father of English lawyers, or at least law 
 writers. It was probably the foundation of the later works of Brac- 
 ton, Fleta, Fortescue and others." " 
 
 The native chronicler tells us, " how great was the burthen of the 
 king's great works of architecture and engineering; the wall with 
 which he encompassed his father's Tower of London, the bridge 
 which spanned the Thames, the new Hall of Westminster, in which 
 he lived to keep the last two Whitsun festivals of his reign." ^* It is 
 said that "these works were built at the expense of the neighbouring 
 counties."^ 
 
 According to Stowe, the original length of Westminster Hall was 
 " 270 feet, and its breadth 74. When the king heard men say that 
 this hall was too great, he answered and said : ' This hall is not big 
 enough by the one-half, and is but a bed-chamber in comparison of 
 that I mean to make."" 
 
 '5 Book 7, pp. 238, 239. Mr. Forester, '* So stated in note of Thomas Fores- 
 
 in his edition of 1853, says in a note, ter to p. 238 of Henry of Huntingdon, 
 
 " The Saxon chronicle calls him the edi. 1853. 
 
 king's chaplain, who held his courts *'" The wail of the chronicler goes up 
 (gemot) over all England." — " This under the year 1097. Under 1099 he 
 Ranulf appears to have been a sort of records the keeping of the feast of Pen- 
 judge in eyre or of circuit, and a very tecost for the first time in the new hall." 
 corrupt one." Will. Malms, iv, 321 ; cited in 5 Freem. 
 
 i« I Stubbs's Const. Hist., pp. 298, 301, Norm. Conquest, p. 82, edi. 1873. 
 
 302. ™2 Lingard's Engl., ch. 2, p. 103. 
 
 " Published by Spacke tyfU Bowyer, =' Ireland's Inns of Court, pp. 244, 245 
 
 1723. of edi. 1804. 
 
148 In Norman period 
 
 6. In logg William kept court in the Tiew palace at Westminster. In 
 
 August 1 100, by the shot of an arrow, he was killed. His char- 
 acter. 
 
 William "kept court for the first time in the new palace at West- 
 minster," in 1099. In HOG, "after holding his court in great splen- 
 dour, according to the custom of his predecessors, at Gloucester 
 during Christmas, at Winchester during Easter, and during Whit- 
 suntide at London, he went to hunt in the New Forest on the 
 morning of the kalends (the 2d) of August.'' While hunting, he 
 was — with an arrow, which seemed to be aimed at a stag — shot, it is 
 said, unintentionally/" Mr. Turner may be right in saying of this 
 king that his mind " was cast in no common mould." 
 
 " It had all the greatness and the defects of the chivalric character 
 in its strong but rudest state. Impetuous, daring, original, magnani- 
 mous and munificent; it was also harsh, tyrannical and selfish; 
 conceited of its own powers, loose in its moral principles and dis- 
 daining consequences." "^ 
 
 It may also be true, as stated by Mr. Stubbs, that " WiUiam Rufus 
 earned the detestation of all classes of his subjects." 
 
 " Historians describe him as a strong, fierce and arrogant man, of 
 abandoned habits, cruel, profane and avaricious." '^ 
 
 Never having married, he died without lawful issue."^ 
 
 ""^ Henry of Huntingdon, book 2, ch. 297. Such a description is in Henry 
 
 7, p. 238 to 240 of edi. 1853; I Turner's of Huntingdon, book 7, p. 239 of edi. 
 Engl., ch. 5, p. 165 to 169 ; Green's Short 1853. 
 
 Hist., ch, 2, J 6, p. 119; Green's Hist, of ^^"Nor did he practice his infamous 
 
 Engl. Peop.,book2, ch. 2, p. l40ofvol.l. debauchery in secret, but openly in the 
 
 ^ I Turner's Engl., ch. 5, p. 146 of light of day. He was buried on the 
 
 edi. 1825. morrow" (Aug. 3) "at Winchester."^ 
 
 ^ I Stubbs's Const. Hist., ch. 10, p. Id., pp. 239, 240. 
 
iioo TO 1 1 35. 149 
 
 CHAPTER VIIL 
 
 INSTITUTIONS IN THE REIGN OF HENRY I— iioo 
 
 TO 1 135. 
 
 J. Henry chosen king ; and William Giffard, the chancellor, chosen 
 bishop of Winchester. Of the oaths by Henry at his coronation ; 
 his charter of liberties ; and recall of Anselm, archbishop of 
 Canterbury. To some extent Henry restored the laws of Ed- 
 ward the Confessor. 
 
 Henry was born not earlier than 1068,^ nor later than 1070; Selby, 
 in Yorkshire, is said to be his birthplace.'' 
 
 William Giffard is believed to have been in the office of chancellor 
 in the latter part of the reign of William II, and at the commence- 
 ment of that of Henry I.' 
 
 WUliam II ' was slain on a Thursday and buried the next morning ; 
 and after he was buried, the witan, who were then near at hand, 
 chose his brother Henry as king, and he forthwith gave the bishopric 
 of Winchester to William Giffard, and then went to London.' * 
 
 "Among the few barons who were in attendance on William on the 
 day of his death were the two Beaumonts, the earl of Warwick and 
 the count of Meulan, Robert Fitz-Hamon and William of Breteuil. 
 The last of these made a bold claim on behalf of Robert, but was 
 
 1 Miss Strickland's Queens of England, tilda, she was here delivered of a son, 
 
 ■vol. I, ch. 2, pp. 44, 45; Freem. Norm. vfho ascended the throne under the title 
 
 Conquest, vol. 4, p. S36, of N. Y. edi., of Henry I." Against "the tradition 
 
 1873. of Henry the First's birth at Selby," is 
 
 ^In Dugdale's Engl, and Wales, vol. Freeman's Norman Conquest, vol. 4, 
 
 7, pp. 1372, 1373, tit. Selby, it is said: Appendix, note z, p. 539 to 541, of N. 
 
 " In the year 1069, William the Con- Y. edi., 1873. 
 
 queror founded an abbey for Benedictine ' Foss's Biogr. Jurid. 
 
 friars, which he visited in the following *Chron. Sax., A. D. iioo; cited in i 
 
 year for the purposes of endowment, and Stubbs's Const. Hist., ch. 10, p. 303. 
 being accompanied by his queen, Ma- 
 
150 In Norman period 
 
 overruled by the others; the form of election was hastily gone 
 through by the barons on the spot; and the seizure of the royal 
 hoard in the castle of Winchester, placed in the hands of Henry 
 the means of securing his advantage. His first act was to bestow 
 the vacant see of Winchester on William Giffard, the chancellor, so 
 providing himself with a strong supporter in the episcopal body. 
 He then hastened to London, where a few prelates and other nobles, 
 were found, who, after some discussion, determined to accept him as 
 king. The seizure of the royal treasure, on Thursday, August 2, 
 was followed by the coronation, on Sunday, August 5. On that day 
 a comprehensive charter of liberties was published and Anselm was 
 recalled."' 
 
 "The oaths taken by Ethelred were" those "required of Henry: 
 the form of his coronation has been preserved, and it contains the 
 threefold promise of peace, justice and equity. In the letter written 
 by the newly crowned king to Anselm to recall him to England, and 
 to account for the rite of coronation being performed in his absence, 
 Henry states that he has been chosen by the clergy and people of 
 England, and repeats to the archbishop the engagement that his 
 brother had made with Lanfranc: 'Myself and the people of the 
 whole realm of England, I commit to your counsel and that of those 
 who ought with you to counsel me.' The undertaking to govern 
 well was made not only with the archbishop, as the first constitu- 
 tional adviser of the crown, but with the whole nation; it was 
 embodied in a charter addressed to all the faithful, and attested by 
 the signatures of the witan, the paucity of whose names may per- 
 haps indicate the small number of powerful men who had as yet 
 adhered to him — the bishops of London and Rochester, the elect 
 of Winchester, the earls of Warwick and Northampton, and four 
 barons." ^ 
 
 Mr. Green considers Henry's charter important, " not merely as a 
 direct precedent for the Great Charter of John, but as the first lim- 
 itation on the despotism estabUshed by the Conqueror and carried 
 to such a height by his son.'" Mr. Stubbs says: 
 
 " The abuses of the late reign are specified and forbidden for the 
 future. The church is made free from all the unjust exactions ; and 
 the kingdom from the evil customs; to the English people are 
 restored the laws of King Edward, with the Conqueror's amend- 
 ments; the feudal innovations, inordinate and arbitrary reliefs and 
 amercements, the abuse of the rights of wardship and marriage, the 
 
 5 1 Stubbs's Const. Hist., ch. lo, pp. p. 95 to 98, of the volume of 'Select 
 
 303> 3°4- Charters' published by Mr. Stubbs in 
 
 6 Id. pp. 304, 305. This is the first 1870. 
 of a series of charters of the liberties of ' Green's Short Hist., ch. 2, \ 6, p, 
 
 England, prefixed to the Statutes of the 119; Green's Hist, of Engl. Peop., book 
 
 Realm, published in 1810. It is also on 2, ch., S, p. 140, of vol. i. 
 
1 100 TO 1 135. 
 
 151 
 
 despotic interference with testamentary disposition, all of which had 
 been common in the last reign, are renounced." * 
 
 2. Henry, a native king, married Matilda, descended from Anglo- 
 Saxon monarchs. He acquired the surname of Beauclerc, or 
 fine scholar ; she shared in his love of liter ahire. Of her 
 death; his daughter's marriage; his son's death; and his 
 second marriage. 
 
 It is observed of Henry that "he was the native king, born on 
 English soil, son of the king (not merely like Robert and William, 
 of the duke), of the Normans.'" Soon he was engaged to be mar- 
 ried to a princess whose descent was from the Anglo-Saxon mon- 
 archs — to Matilda, or Maud, daughter of Malcom, king of Scots, 
 by Margaret, sister of Edgar the etheling. The marriage was 
 celebrated and the queen crowned (November 11, iioo) by Anselm, 
 who had returned to England and resumed the administration of his 
 diocese." 
 
 Henry's wife had been educated at Rumsey abbey. Having there 
 been taught the literatoriapi artem (Ord. Vit., 702), she could sym- 
 pathize with his studies. 
 
 " He became the most learned monarch of his day, and acquired 
 and deserved the surname of Beauclerc, or fine scholar. No wars, 
 no cares of state, could afterwards deprive him of his love of litera- 
 ture. The nation soon felt the impulse and the benefit of their sove- 
 reign's intellectual taste;" " 
 
 ' I Stubbs's Constitutional Hist., ch. Laws of the Confessor, the 'emendations 
 
 10, p. 305 ; 2 Lingard's Engl., ch. 3 pp. which my father made with the counsel 
 
 106, 107. Lord Coke's language as to of the barons,' (Wilk. Leg. Sax., 235,) 
 the Conqueror's alterations may be com- • implies forcibly that William's altera- 
 
 pared with Mr. Turner's. It is said by tions were felt to be improvements." i 
 
 Lord Coke that "after the Conquest, Turner's Engl., ch. 6, p. 171, and note 4. 
 
 King Henry the First, the Conqueror's ' i Stubbs's Const. Hist., ch. 10, p. 306. 
 
 son, sumamed Beauclarke, a man excel- "2 Lingard's Engl., ch. 3, p. 108; i 
 
 lently learned, because he abolished such Stubbs's Const. Hist., ch. 10,' pp. 304, 
 
 customs of Normandy as his father added 306, and ch. 11, p. 342, note I; 5 
 
 to our common laws, is said to have Freem. Norm. Conquest, p. 112, edi. 
 
 restored the ancient laws of England." 1873; Green's Hist, of Engl. Peop., 
 
 Preface to 3 Rep.,xxiand xxii. Where- book 2, ch. 2, pp. 140, 141, of vol. i. 
 
 as Mr. Turner observes, "Thatm this "i Turner's Engl., ch. 6, pp. 172, 173, 
 
 act it should have been thought a popu- and note 9. On another page, after say- 
 
 lar boon for him to add to the Anglo- ing " his mind was cultivated — he cher- 
 
152 In Norman period 
 
 About "II ID, Henry had betrothed his daughter, then a mere 
 child, to King Henry of Germany. She was at once sent to her 
 new home," and on, or before January i, 1114, was "married and 
 crowned at Mairz. Her husband was now Emperor." " 
 
 Her mother, the queen of England, died May i, 11 18.'' William, 
 the king's son and heir, perished by shipwreck in 11 20." In the 
 following year (11 21) the king married Adelicia (or Alice) daughter 
 of the Duke of Louvain." 
 
 J. Of the adventures of Ralf {or RanulpK) the Flambard. Though 
 not 'again the king's 'exactor or 'placitator' he was restored to 
 the bishopric of Durham. 
 
 " To satisfy the clamour of the people, Henry had committed to 
 the Tower, Flambard, bishop of Durham,^" the obnoxious minister 
 of the late king. The prelate lived sumptuously in his confinement 
 on the allowance which he received from the exchequer, and the 
 presents which were sent to him by his friends; and by his wit, 
 cheerfulness and generosity, won the good will, while he lulled the 
 vigilance of his keepers. In the beginning of February he received 
 a rope concealed in the bottom of a pitcher (or vessel) of wine. The 
 knights who guarded him were, as usual, invited to dine; they drank 
 copiously till it was late in the evening ; and soon after they had lain 
 down to rest, Flambard, with the aid of his rope, descended from the 
 window, was conducted by his friends to the seashore and thence 
 escaped into Normandy." " 
 
 Flambard instigated Duke Robert to pursue his claim to the Eng- 
 
 ished learning and encouraged its growth April 16, 1*120; the nuptials were pub- 
 in England," Mr. Turner adds, " He licly solemnized at Windsor, January 24, 
 loved pleasantries; and when he mixed H2i, by Ralph, archbishop of Canter- 
 in society, he did not suffer business to bury; afterwards, in the same month, the 
 disturb his good humor." Id. p. 195. king and queen were crowned at West- 
 
 i»5 Freem. Norm. Conquest, p. 122, minster. Miss Strickland's Queens of 
 
 edi. 1873. England, vol. i,pp. 121, 122; i Stubbs's 
 
 13 Henry of Huntingdon, book 7, p. Const. Hist., ch. 11, p. 342; 5 Freem. 
 
 246; Miss Strickland's Queens of Eng- Norm. Conquest, p. 130, edi. 1873. 
 
 land, vol. I, ch. 2, p. 114. lenxhe first man recorded to have 
 
 "Henry of Huntingdon, pp. 248, dwelled as a prisoner in the Conqueror's 
 
 249; I Turner's Engl., pp. i88, 189; fortress." 5 Freem. Norm. Conquest, 
 
 5 Freem. Norm. Conquest, p. 129, edi. pp. in, 112, edi. 1873. 
 
 1873; Green's Short Hist., ch. 2, g 6, "Since 2 Inst. 15, there have been 
 
 p. 125; Green's Hist, of Engl., Peop., fuller and better accounts in i Turner's 
 
 book 2, ch. 2, pp. 146, 147, of vol. I. Engl., 174, note 12; 2 Lingard's Engl., 
 
 "The contract of marriage was signed ch. 3, p. 109; and Foss's Biogr. Jurid. 
 
IIOO TO 1 135. 
 
 153 
 
 lish crown, and accompanied him in his invasion of England. There 
 was soon an amicable arrangement; and Flambard was permitted to 
 return to his bishopric and restored to its immunities.^' 
 
 ■4. Of Roger, bishop of Salisbury ; and other chancellors during 
 Henry's reign. Whether in this reign there was conduct depart- 
 ing from the ancient maxim, 'Quod cancellaria non emenda est! 
 Official position of Robert de Sigillo. 
 
 Roger, while curate of a small church near Caen, ingratiated 
 himself with Prince Henry." After Henry became king, WilUam 
 GifTard was, so early as September 3, iioi, superseded by Roger as 
 chancellor. Although the king gave in August, iioo, the bishopric 
 of Winchester to Giffard, and in April, 1 102, that of Salisbury to 
 Roger, yet Giffard was present as chancellor at the signing of a con- 
 vention on the loth of March, 1103. Waldric appears as chancellor 
 January 13, 1 103-4; ^^id there are charters in 1106, signed 'Walteri 
 Cancellarii.' ™ The king being in a controversy with Archbishop 
 Anselm and the court of Rome, the consecration of Giffard and 
 
 '^The completion of his cathedral, the 
 erection of Norham castle, the fortifica- 
 tion of the walls of Durham, and nume- 
 rous other works, among which were the 
 endowment of the college of Christ 
 church, where he had been dean, and 
 the foundation of the priory of Mottis- 
 ford, near Lincoln, are mentioned as 
 proofs of his munificence. He died 
 September 5, 1 128. Toss's Biogr. Jurid. 
 
 ^' It is said, " by the celerity with which 
 he dispatched the service when the 
 prince and his followers chanced to be 
 present." By "dexterous management 
 of whatever business he was engaged 
 in," he "endeared himself to Henry 
 during his adversity." Foss's Biogr. 
 Jurid. Mr. Stubbs speaks of Henry 
 having Roger " into his service as steward 
 and chaplain;" i Const. Hist., ch. 10, p. 
 312; and «ays, " He had attracted Hen- 
 ry's notice, long before he came to the 
 throne, by his expeditious way of cel- 
 ebrating divine service, had been en- 
 
 listed by him as a sort of chaplain 
 steward, and by his economy and hon- 
 esty had justified the confidence reposed 
 in him." Id., ch. 11, p. 349. 
 
 2» Foss's Biogr. Jurid. Gififard, after 
 holding the office of chancellor five 
 times, and under three kings f the last of 
 whom was celebrated for his discrimina- 
 tion), " presided over his see for nearly 
 twenty-one years, during which period 
 he performed many acts to make his rule 
 remembered. He introduced monks of 
 the Cistercian order into England, and 
 in 1 128, founded an abbey for them at 
 Waverley, in Surrey. He erected a pri- 
 ory for Augustin canons at Taunton 
 in Somersetshire. He was either the 
 founder of, or the principal contributor 
 to, the priory of St. Mary Overy, in 
 Southwark, and he built the magnificent 
 mansion there which was so long the 
 residence of his successors when in Lon- 
 don." He died Jan. 25, 1 129. Ibid. 
 
154 In Norman period 
 
 Roger as bishops seems to have been deferred until one party or the 
 other should abandon some part of his pretensions ; which was not 
 until 1 107 or 1108." 
 
 Ranulph, sometimes called Arnulph, one of the chaplains of Henry, 
 was raised by him to the chancellorship in 1107, and continued in 
 this office till Christmas, 1123."^ He was succeeded by Geoffirey 
 Rufus, who was raised to the bishopric of Durham, August 6, 1133, 
 but seems to have remained chancellor till the end of this reign.^' 
 From an entry on the roll of 31 Hen. I, Lord Campbell infers there 
 was then conduct departing from the ancient maxim, ' Quod cancella- 
 ria no7i emenda est! ^* But Mr. Foss has discussed the subject;^" and 
 " the probabilities seem to " him " to be in opposition to the inference 
 drawn." '* 
 
 The official position under Henry I, of Robert de Sigillo (after- 
 wards bishop of London), was Clericu^s, or Magister Scriptorii, and 
 in the Red Book of the Exchequer is placed next in order to the 
 chancellor." By him the seal was kept during Henry the First's 
 reign,^* except when it was kept by Richard.^' 
 
 Bernard, bishop of St. David's, was chancellor to Matilda, the 
 first wife of Henry I, and Godfrey, of Bath, to his second.^" 
 
 212 Lingard's Engl., ch. 3, p. 118. candle." Foss's Biogr. Jurid. 
 
 ^2 Then a fall from a horse caused his ''As appears from the Constitutio Do- 
 
 life to end in a few days. Foss's Biogr. mus Regice ; cited in i Stubbs's Const. 
 
 Jurid. Hist., oh. II, p. 353. 
 
 ^ He does not appear to have been ^' One of King Henry's chaplains, 
 
 continued in the chancellorship by King Observing that he is " mentioned by 
 
 Stephen ; he died at Durham castle May Thynne as keeper of the seal v?hen Ra- 
 
 6, 1 140. Id. nulph was chancellor, Mr. Foss says, 
 
 " I Lives of Chancellors, p. 56 edi, " In no document, however, is he so 
 
 1846, p. 57 edi. 1874. designated, and Malmesbury with greater 
 
 25 Judges of England, i, 82. probability calls him 'Clericus de Si- 
 
 2« Biogr. Jurid. gillo.' He was preferred in 11 20 to the 
 
 2' With considerable allowances, which bishopric of Hereford, died at Ledbury, 
 
 that king increased for Robert de Sigillo August 15, 1127, and was buried in his 
 
 to two shillings a day, with one sextary cathedral." Biogr. Jurid. 
 
 of household wine, one seasoned sim- ^i Stubbs's Const. Hist., ch. 11, p. 
 
 nel, one taper and twenty-four pieces of 342. 
 
IIOO TO 1 135. I5& 
 
 5. Of Justiciars ; especially of Bishop Roger, of Salisbury, as the 
 great constructor of judicial and financial organization. Com- 
 parison of what had been before, with what is in, Henryis 
 time. Of the Exchequer ; ,of the supreme court of justice, 
 called the Curia Regis ; and the visitation of the kingdom, by 
 justices {officers of that courf). Among the justices were Geof- 
 frey de Clinton, Ralph Basset and Richard Basset. 
 
 Henry of Huntingdon, who from his early years was in the house- 
 hold of Robert de Bloet, bishop of Lincoln, speaks of Bishop Robert 
 as "justiciary of all England, and much employed by Henry I 
 in secular affairs.'"' In the same letter (to Walter) he mentions 
 Osmond, bishop of Salisbury, as "succeeded by Roger, a great 
 statesman, who is now the king's justiciary.'""' Mr. Stubbs, after 
 mentioning Roger's consecration to the see of Salisbury, says, " he 
 seems to have risen at the same time to the place of justiciar.'"^ 
 
 " Bishop Roger, of Salisbury," acted throughout the reign as the 
 great constructor of judicial and financial organization," and " became 
 famous for his efficient administration of justice and the revenue." " 
 
 "Under his guidance, whether as chancellor or as justiciar, the 
 whole administrative system was remodelled; the jurisdiction of the 
 Curia regis and Exchequer was carefully organized, and the peace of 
 the country maintained in that theoretical perfection which earned 
 for him the title of the Sword of Righteousness." '* 
 
 Although it may be concluded that under William Rufus " it was 
 mainly for the sake of the profits that what was called justice was 
 administered at all," yet Mr. Stubbs thinks, "a deeper and more 
 statesmanlike view probably influenced Henry I and his great min- 
 ister — the belief that a nation in which justice is done, is safer and 
 more contented, and presents, therefore, an easier and richer body to 
 be taxed." '= 
 
 ^1 Henry of Huntingdon, p. 302, note. '*Foss's Biogr. Jurid. ; Stubbs's Const.. 
 
 The bishop died of apoplexy January 10, Hist., ch.io, p. 312. 
 1123-4. Id., pp. 303, 304. ssid. ch. II, p. 349. 
 
 »2Id., p. 316. *=l Stubbs's Const. Hist., ch. 11, pp.. 
 
 33 1 Stubbs's Const. Hist., ch. 11, p. 386,387. 
 349- 
 
156 In Norman period 
 
 Although " under William the Conqueror and William Rufus, the 
 term Curia generally, if not invariably, refers to the solemn courts 
 held thrice a year, or on particular summons, at which all tenants in 
 -chief were supposed to attend," yet, "from the reign of Henry I, we 
 have distinct traces of a judicial system, — a supreme court of justice 
 called the curia regis, presided over by the king or justiciar, and 
 containing other judges also called justiciars, the chief being occa- 
 sionally distinguished by the title of ' summus,' 'magnus' or 'cap- 
 italis.'"'" 
 
 During Henry's reign, the whole kingdom was visited by justices 
 (officers of the curia regis) !^ From an examination of the Great 
 Roll of the pope, of 31 Hen. I, Mr. Stubbs ascertains thart during 
 his reign the practice of itinerant judges was observed both for 
 financial and judicial purposes. Mr. Slubbs says : 
 
 " These journeys were the substitute, under the Norman kings, for 
 the progresses of the earlier sovereigns, who, whilst moving from 
 one of their estates to another, heard the complaints of defect of 
 justice in the lower courts. The' annual courts of William the Con- 
 queror, who wore his crown and heard causes at Christmas, Easter 
 and Pentecost, at Gloucester. Winchester and Westminster, a custom 
 occasionally observed by William Rufus and Henry I, only partially 
 answered the same purpose; and for these, towards the end of 
 Henry's reign, a visitation of the Curia Regis itself seems to have 
 been substituted."*' 
 
 " In subordination to Roger, Henry raised up a set of novi homi- 
 nes, many of whom were, in nobility of blood, below the ideal 
 standard of the ruling race. Among them Ordericus enumerates 
 the Clintons, the Bassets and the Trussebuts, who, although not 
 among the tenants-in-chief of Domesday, were of good Norman 
 descent and founders of great English families." 
 
 • 
 
 Geoffrey de Clinton and Ralph Basset were two of Henry's prin- 
 cipal justices ; the latter founded a great legal family.*" 
 
 Of these two, the first named was in 1121 or 1122, a witness 
 to the king's charter to Westminster abbey; in 1123, chamberlain 
 of the king; and after 11 25, treasurer. In 31 Hen. I, he held pleas 
 in no less than eighteen counties, and was justice of the forest for 
 Huntingdonshire and sheriff of Warwickshire. He built the castle 
 at Kenilworth." 
 
 "i Stubbs's Const. Hist., ch. 11, pp. " Select Charters, part 4, p. 135. 
 
 J76, 377; *» Id., ch. 10, pp. 312, 313 and note. 
 
 ™ Id., pp. 313, 389, 391. " Foss's Biogr. Jurid, 
 
lOIO TO 1 135. 
 
 157 
 
 Ralph Basset, a Norman, raised to be baron of Welden, in North- 
 amptonshire, appears early in the reign of Henry I, as a very infliu' 
 ential judge. He presided, in 11 24, over a court of the barons held 
 at Huncote in Leicestershire. He was justice of the forests in the 
 counties of Norfolk, Suffolk and Surry ; and in the itinera appointed 
 for relieving the curia regis, not less than six counties, and probably 
 more, were placed under his direction. Before the roll of 31 Hen. I, 
 he died at Northampton and was there buried in the chapter house.*'' 
 
 His son Richard succeeded him in the barony of Welden, and 
 assisted in the administration of justice in the Aula Regis. In the 
 roU of 31 Hen. I, when his father could only have been recently 
 dead, the same number of counties are mentioned as under the 
 judicial superintendence of the two.*' Richard is called by Ordericus 
 Vitalis and Henry of Huntingdon 'capitalis jusHciarius,' even during 
 the life of Bishop Roger." 
 
 From the Pipe Roll of 11 30, Mr. Stubbs furnishes the names of 
 other justices." From Mr. Foss's work (Biogr. Jurid.) there is 
 obtained the information below.** 
 
 "Id.; 1 Stubbs's Const. Hist., ch. 11, 
 p. 389. 
 
 *^ Foss's Biogr. Jurid. 
 
 **i Stubbs's Const. Hist., ch. 11, p. 
 389, and pp. 391, 392. 
 
 ^William de Hengham was one of 
 four appointed in 1 124 to take an assize 
 in Norfolk; and in 1 1 26 to try certain 
 prisoners, in custody of the bishop of 
 Ely, who were charged with murder. 
 
 Walter Esfec, a baron whose princi- 
 pal estate was Helmsley, or Hamlake, in 
 Yorkshire, was justice of the forest for 
 that shire; and he and Eustace Fitz John, 
 another northern baron, were, for at least 
 two years before 31 Hen. I, justices 
 itinerant ,in that county, and also in 
 Northumberland, Cumberland, and the 
 bishopric of Durham. Pain Fitz John 
 (brother of Eustace Fitz John) is men- 
 tioned ia the roll of 31 Hen. I, as a 
 justice itinerant in the counties of Glou- 
 cester, Stafford and Northampton. With 
 
 him in both counties was Milo de Glou- 
 cester (earl of Hereford) sometimes called 
 Milo Fitz-Walter, who was sheriff of 
 Staffordshire and Gloucestershire, and 
 justice of the forest for the former county. 
 
 William de Albino Brito had the 
 county of Rutland under his care, as 
 sheriff or fermour. He was one of the 
 king's council, was a witness imme- 
 diately after Hugh Bigot, and before 
 Richard Basset, to the charter by which 
 Henry, in 11 34, granted the office of 
 Great Chamberlain to Alberic de Vere, 
 and in 31 Hen. I, held pleas in Lin- 
 colnshire and as justice of the forest in 
 Essex. 
 
 Richard Fitz Alured (according to the 
 roll of 31 Hen. I,) owed — i. e., fined — 
 fifteen silver marks that he might sit 
 with Ralph Basset to hold the king's 
 pleas in Buckinghamshire. Id. 
 
 Alberic de Vere, the son of a • Norman- 
 baron was between 1121 and 1127, a 
 
158 In Norman period 
 
 .<5. Of Henry's greatness in the council chamber ; his faculty of 
 organization; his love of order and justice. He acquired the 
 epithet — the Lion of fustice. What he did as to local courts; 
 privileges of towns ; and maintenance of peace. His measures 
 changed the temper of the Norman rule. 
 
 Successful as his wars had been, Henry's "greatness showed itself 
 less in the field than in the council chamber." Mr. Green says : 
 
 " He had little of his father's creative genius, of that far-reaching 
 originality by which the Conqueror stamped himself and his will on 
 the very fabric of our history. But he had the passion for order, 
 the love of justice, the faculty of organization, the power of steady 
 and unwavering rule, which was needed to complete the Conqueror's 
 work."" 
 
 The peculiar epithet acquired by Henry — the Lion of Justice — 
 announces the exertion of his wisdom and energy in that path of 
 action which was then most essential to the improvement of his 
 country.*' 
 
 Henry "restored the working of the local courts, the hundred and 
 the shire as they had been in King Edward's time. He granted to 
 the towns such privileges as in the awakening of municipal life they 
 were capable of using. He maintained good peace by severe and 
 even-handed justice ; and by strengthening the hands of Anselm and 
 the reforming prelates who succeeded him,** he did (after the arrange- 
 
 sheriff or portgrave of London. He to Walter, says : " In our time flourished 
 
 acted judicially with other barons in Lanfranc, archbishop of Canterbury; a 
 
 the curia regis, and shared highly in philosopher and a politician; he was 
 
 the king's confidence. In 31 Hen. I, succeeded by Anselm, a wise and most 
 
 he appears to have had, in conjunc- religious prelate. After them we saw 
 
 tion with Richard Basset, the control over Ralph, who was worthy of his high 
 
 eleven counties as sheriff or foermer ; the dignity. Next, the see of Canterbury 
 
 name of Richard Basset invariably stand- was filled by William, of whose merit 
 
 ing first. In 1134, there was granted to nothing can be said, for he had none." 
 
 him the office of great chamberlain. Pp. 314, 315, of edi. 1853. Anselm 
 
 Henry de Port appears by the roll of died in 1 109 ; and Ralph was appointed 
 
 31 Hen. I, to have been one of the jus- in 1114. Id., pp. 244, 245. In 1122, 
 
 tices itinerant acting in Kent. Ralph died. Id., 250. In 1 123 "the 
 
 « Green's Hist, of Engl. Peop., book king gave the archbishopric of Canter- 
 
 2, ch, 2, pp. 143, 144, of vol. I. bury to William of Curboil, prior of 
 
 " I Turner's Engl., 175. Chick." Id., 251. 
 
 ■" Henry of Huntingdon, in his letter 
 
iioo TO 1 135. 159 
 
 ment of the question of investiture) win to his side the most stable 
 element of national life." *' 
 
 Such measures changed the temper of the Norman rule. Though 
 it may have remained a despotism, yet it was now a despotism regu- 
 lated and held in check by the forms of administration routine.*" 
 
 7. Nature of the compilation called 'Leges Henrici Primi.' 
 
 Mr. Turner says : 
 
 "The laws which were established in England during his reign 
 and which are called in the Prcemium, (written during his life), the 
 beata pacis ac liberatis exoptato guardio, are printed from the 
 Textus Roffensis, and MSS. Scaccar., in Wilkins's Leges Sax., 
 233-283. They furnish a very detailed and comprehensive view of 
 our internal polity and jurisprudence at that time."" 
 
 Sir James Mackintosh observes : 
 
 "So general was the confidence in the restoration of the native 
 institutions, that it induced a private compiler to draw up a summary 
 of Saxon law, which is still extant under the title of 'The Laws 
 of Henry the First,' probably, as in the writer's opinion, deriving 
 their validity from his confirmation." *^ 
 
 Many extracts from the civil and canon law are found in the com- 
 
 **! Stubbs's Const. Hist., ch. lo, p. been established long before." He says: 
 
 312; ch. II, p. 393, pp. 398, 399, and "There is no charter existing, and none 
 
 ch. 13, p. 605. The "order for the have been known to exist, that confers 
 
 holding of the courts of the hundred the right on any of the ancient burghs, 
 
 and the shire" was issued between This appears to me to show that it was 
 
 A. D. 1 108, and 11 12, and is in Mr. the ancient immemorial right of all 
 
 Stubbs's volume of Select Charters, pp. burghs or cities, beginning with their 
 
 98, 99. As to cities and towns, see i existence, and constitutionally attached 
 
 Stubbs's Const. Hist., ch. 11, p. 403, to it, and not flowing from any specific 
 
 et seq. The charter of Hen. I, to the grant." Hist. Anglo-Saxons, book 8, 
 
 citizens of London, that granted by ch. 4, p. 184, of vol. 3, edi. 1852. 
 
 Thurstan, archbishop of York, to Bev- *° Green's Hist, of Engl. Peop., book 
 
 erley, and the customs of New-Castle- 2, ch. 2, p. 146, of vol. i. 
 
 upon-Tyne, are in the ^olume of Select °^ i Turner's Engl., ch. 6, p. 197, note. 
 
 Charters, p. 102 to 108. Observing that ^^ I Mackintosh's Engl., Phila., edi. 
 
 "the ancient charters of London (or 1830, p. 113. " The so-called ' Laws of 
 
 copies of them, recited in authentic Henry the First ' are not to be looked 
 
 charters), exist from the time of Henry on as real statutes put forth by his 
 
 the First, but none of them contain the authority, but they are a witness to the 
 
 grant of its right of sending representa- law as it stood in his time." 5 Freem. 
 
 lives," Mr. Turner deems it a just infer- Norm. Conq., p. 99, of edi. 1873. 
 ence " that this constitutional right had 
 
160 In Norman period 
 
 pilation called 'Leges Henrici Primi.'^' Mr. Stubbs speaks of the 
 compilation, and gives extracts from it. He says : 
 
 It " is a collection of legal memoranda and records of custom, illus- 
 trated by reference to the civil and canon laws, but containing very 
 many vestiges of ancient English jurisprudence. The date of the 
 compilation is later than the reign of Henry I ; but the absence of 
 any reference to the judicial changes introduced by Henry II, seems 
 to shew either that the original draft of it was made early in his 
 reign, or that if it be later, the author was so well acquainted with 
 the history of the early laws as to avoid anachronisms.' 
 
 8. Of Henry's death in December, 1135. His character. 
 
 In Normandy ,°* Henry had a fever of which he died on the first 
 day of December, 1135;'° after having declared (it is said) that he 
 left all his possessions to his daughter, Matilda." 
 
 It is observed that " with great faults, he was a great prince, and 
 his reign was highly beneficial to his people." Mr. Turner says, his 
 " character was marked by the discernment, the profound thought, 
 the impenetrability, the persevering prudence, the stern inflexibility, 
 the capacious love of power of the aspiring politician."^ Mr. 
 Stubbs considers it evident that he was "a strong ruler, with a clear 
 view of his own interests, methodical, sagacious and far-sighted; his 
 selfish aims dictated the policy that gave peace and order to his 
 people." '' In his conduct there may have been sometimes not only 
 the absence of sensibility, or magnanimity, but the presence of cruelty 
 and wickedness."" Yet "in discerning that peace had its laurels, 
 more fruitful and not less glorious than those of war, he rose far 
 above the level of his age, and deserves the praises of his improved 
 posterity."" 
 
 53 1 Stubbs's Const. Hist., cb. I2, pp. ", Turner's Engl., ch. 6, p. 193, and 
 
 494. 495. ""i'- pp. 195, 196. 
 
 ^*Select Charters, p. 100. ^xd., pp. 193, 194. 
 
 "After a repast on lampreys, which ^Sj Const. Hist., ch. lo, p. 315. 
 
 disagreed with him. Henry of Hunting- ^\ Mackintosh's Engl., p. 114 of 
 
 don, book 7, pp. 259, 260. Phila. edi., 1830. Whatever may have 
 
 56 "After a reign of thirty-five years -been the cruelty in Cardiff castle - to 
 
 and three months." Id., page 260. His Robert, Duke of Normandy, by an ' un- 
 
 " remains were brought over to Eng- natural brother,' that brother wqs not 
 
 land and interred within twelve days of William the Second, as supposed in 2 
 
 Christmas, in the abbey at Reading, Dugdale's Engl, and Wales, p. 377, but. 
 
 which" he "had founded and richly was Henry the First. 
 
 endowed." Id., book 8, p. 263. ei i Turner's Engl,, ch. 6, p. 196. 
 
1 135 TO 1 1 54. 
 
 161 
 
 CHAPTER IX. 
 
 INSTITUTIONS IN THE REIGN OF STEPHEN— 1 135 
 
 TO 1 154. 
 
 I. Of the nephews of Henry the first. Stephen crowned. He made 
 promises of peace and justice, and by charter confirmed the good 
 customs of King Edward's time, and the laws and liberties given 
 by Henry I Some made to him an oath of allegiance, with a 
 conditional clause, that is, so long as he faithfully observed his 
 engagements. 
 
 No lawful son (or son of a son) of the Conqueror was living at 
 Henry's death.' But there lived then more than one son of a daugh- 
 ter of the Conqueror. 
 
 His daughter, Matilda, had, after the death of her first "husband, 
 Henry V, emperor of Germany (without children by her), married 
 in 1 127, Geoffrey, that count of Anjou whose habit of wearing on 
 his helmet the common broom of Anjou, the planta genista, gave 
 him the tide of Plantagenet ; ^ their son, Henry, was born on the 
 . fifth of March, 1133;^ and therefore was only in his third year when 
 his grandfather died. 
 
 The Conqueror's grandson, Stephen, was son of Henry's sister, 
 Adela, and of the earl of Blois ; " Stephen's wife (the niece of God- 
 frey of Bouillon) was a granddaughter of Malcolm and Margaret, 
 
 1 William (earl of Flanders), son of 6, p. \<)T„et seq.; 5 Freem. Norm. Conq., 
 
 Henry's brother Robert, had, from a pp. 116, 138, and Appendix z, p. 567 to 
 
 wound in battle, died in 1128. Henry 569. 
 
 of Huntingdon, pp. 255, 256 and 307. 2 Green's Hist, of Engl. Peop., book 2, 
 
 The year before Henry's death, that ch. 2, pp. 150, 151, of vol. i. 
 
 brother (Robert), in the 28th year of ^i Stubbs's Const. Hist., ch. 12, p. 
 
 his captivity, died in Cardiff castle. Id., 447. 
 pp. 242, 243, 312; I Turner's Engl., ch. 
 II 
 
162 In Norman period 
 
 and descended from the line of Cerdic in exactly the same degree as 
 the Empress Matilda."* 
 
 For the empress and her little son preference was manifested in the 
 lifetime of Henry the first.' But Stephen of Blois, on receiving the 
 news of Henry's death, quickly crossed over to England. 
 
 " He hastened to London, and was there hailed by the citizens as 
 a deliverer from the danger of a foreign yoke. Geoffrey, of Anjou, 
 and his wife were disliked, the former as a stranger, and the latter as 
 an imperious, self-willed, woman; the citizens of the first city in 
 the realm might claim to exercise a prerogative voice in the election 
 of the king, and they chose Stephen. Encouraged by this success, 
 he passed on to Winchester, where also he was welcomed by the 
 citizens ; here he obtained with httle delay the royal treasure, hav- 
 ing by the aid of his brother, the bishop, overcome the scruples of 
 the justiciar, Bishop Roger, of Salisbury. Thus strengthened he 
 returned to London for formal election and coronation." — " He was 
 crowned on St. Stephen's day." * — "A brief charter was issued by 
 which the new king confirmed the laws and liberties that his uncle 
 had given and the good customs of King Edward's time, and enjoined 
 the observance of them." 
 
 Another document was issued by Stephen, at Oxford, later in 
 1 136, after he had been joined by the earl of Gloucester and other 
 chief members of the late king's household. 
 
 It "is attested by a large number of witnesses: eleven English 
 and three Norman bishops; the chancellor, Roger; four earls; four 
 great constables ; four royal stewards ; two grand butlers, and seven 
 other vassals, two of whom were of the rank of count. The privi- 
 leges conceded by it are chiefly ecclesiastical." — "The promise of 
 peace and justice made at the coronation is renewed, and amplified 
 by an undertaking to extirpate all exactions, injustice and chicanery, 
 whether introduced by the sheriffs or by others; and to maintain 
 
 *Id., ch. II, p. 3I8. swore fealty to the Empress and her little 
 ^ It is stated that in 11 26, at London, son, whom his grandfather appointed to 
 the council of the kingdom swore that be king after him. Henry of Hunting- 
 if the king should die without a male don, p. 244, note ; i Stubbs's Const, 
 heir, the Empress should be maintained Hist., ch. 11, p. 341. 
 in possession of the realm of England; *As to the hesitation of William, arch- 
 that in 1 131, at Northampton, a similar bishop of Canterbury, and how it was 
 oath was taken ; and that after the birth overcome, see Henry of Huntingdon, p. 
 of her son, Henry, the prelates, earls 326 to 328, of edi. 1853. Archbishop 
 and barons of the dominions of Henry I, William died within a year. Id., p. 262. 
 
1135 TO 1 154. 163 
 
 good laws and ancient and righteous custom in reference to judicial 
 procedure generally." ' 
 
 In a subsequent assembly, Stephen produced a letter from the 
 pope confirming his succession to the crown ; and upon his granting 
 additional liberties to the church, " the prelates, in return, renewed 
 their oath of allegiance, but with a conditional clause which had 
 previously been adopted by some of the lay barons, that they would 
 be faithful to him as long as he faithfully observed Ms engagements." * 
 
 2. Of the archbishop of Canterbury ; the Chancellor and Bishop 
 Roger, of Salisbury, and other officers ; the King's conduct to 
 them. 
 
 In 1 1 38, in a synod at London, "Theobald,- abbot of Bee, was 
 made archbishop of Canterbury, with the concurrence of King 
 Stephen.'" 
 
 Such "a visitation of the Curia Regis" as is mentioned in ch. 
 8, § 5, p. 156, did not occur under Stephen.^" The administrative 
 machinery of the kingdom was under the control of Roger, bishop 
 of Salisbury; his son, known as Roger Pauper, was chancellor" of 
 the king; one nephew, Nigel, bishop of Ely, was treasurer; and 
 another nephew, Alexander, was bishop of Lincoln. These were in 
 office when, in 11 39, on the 24th of June, at Oxford, Stephen, arrested 
 the bishops of Salisbury and Lincoln, and the chancellor with them ; 
 and compelled them to surrender their castles." 
 
 'l Stubbs's Const. Hist., ch. 10, pp. 'So stated in book 8, p. 270, edi. 1853, 
 
 319,320; Green's Engl. Peop., book 2, ch. of Henry of Huntingdon, who men- 
 
 2, vol. I, pp. 151, 152; 'Carta Stephani tions Theobald as "a man worthy of all 
 
 Regis, ex Archivis Eccl. Cathed. Exon. praise." Id., p. 315. 
 
 asservati,' is 'anno regni prima, A. D. "> Select Charters, part 4, p. 135. 
 
 M. C. XXXVI.' This faces p. 3, and m jje was made chancellor in the first 
 
 Stephen's second charter is p. 4 of Stat. year of Stephen's reign. Foss's Biogl-. 
 
 of the Realm, in collection of 1810, p. Jnrid. 
 
 4. In Mr. Stubbs's volume of Select "i Stubbs's Const. Hist., pp. 32J, 
 
 Charters they are p. 113 to 115. 326. Bishop Roger had been mainly 
 
 *Ric. Hagul., 314, and Mais. loi, are instrumental in placing Stephen on the 
 
 cited in 2 Lingard's Engl., ch. 4, p. 161. throne; and had (perhaps for the sake 
 
 i)r. Lingard there says he is " not sure of retaining power) not shown a proper 
 
 that there was anything very extraordi- sense of the obligation under which 
 
 nary in this conditional allegiance. Such gratitude to Henry should have laid him, 
 
 clauses were usual, at least among the as regards the succession, to Henfy's 
 
 Anglo-Saxons." daughter. Id., 326. 
 
164 In Norman period 
 
 Roger Pauper was succeeded in the chancellorship by a person 
 called Philip; after him was Robert de Gant" "The shortsighted- 
 ness of Stephen's policy was immediately apparent ; the whole body 
 of the clergy took umbrage at the injury done to the bishops; a 
 council was called at Winchester, in which the strongest remon- 
 strance was made." 
 
 J. Of the Queen of Henry I. How, at Arundel castle, she pro- 
 tected her daughter-in-lgw and guest, Matilda. At the end of 
 1139, Roger, bishop of Salisbury, died; the administration of 
 the country ceased to work ; and a long civil war began. 
 
 The queen of Henry I and his daughter are now conspicuous. 
 At Arundel castle Queen Adelicia was residing when, in the third 
 year of her widowhood (i 138), she became the wife of William de 
 Albini, lord of Buckenham; and in 1139, when Matilda, daughter of 
 Henry by his first marriage, became her guest. As to Stephen's 
 course to Matilda, historians vary in their accounts ; one stating that 
 so soon as he was informed of Matilda being in Arundel castle, he 
 began a rapid march thither, and pushed his operations with such 
 spirit as alarmed the royal' ladies. 
 
 Adelicia "sent messengers to entreat his forbearance, assuring him 
 ' that she had admitted Matilda not as his enemy, but as her daugh- 
 ter-in-law and early friend, who had claimed her hospitality, which 
 respect for the memory of her late royal lord. King Henry, forbade 
 her to refuse ; the same consideration would compel her to protect 
 her while she remained beneath the shelter of her roof Adelicia 
 added ' that if he came in hostile array against her castle of Arundel, 
 with intent to make Matilda his prisoner, she must frankly say, that 
 she was resolved to defend her to the last extremity, not only because 
 she was the daughter of her late dear lord, King Henry, but as the 
 widow of the Emperor Henry, and her guest ; ' and she besought 
 Stephen ' by all the laws of courtesy and the ties of kindred, not to 
 place her in such a painful strait as to compel her to do anything 
 against her conscience.' In conclusion, she requested with much 
 earnestness ' that Matilda might be allowed to leave the castle and 
 retire to her brother.' Stephen acceded to the proposal; the siege 
 
 i^Foss's Biogr. Jurid. »i Stubbs's Const. Hist., ch. 10, p. 
 
 326. 
 
1 135 TO 1 154. 
 
 165 
 
 was raised, and the empress proceeded to join her adherents at 
 Bristol."" 
 
 "At the end of the year the bishop of SaUsbury died;'* the bishop 
 of Ely was banished, and the bishop of Winchester, as soon as 
 Stephen fell into difficulties, declared himself on the side of the 
 empress. The arrest of Bishop Roger was perhaps the most im- 
 portant constitutional event that had taken place since the Conquest ; 
 the whole administration of the country ceased to work, and the 
 whole power of the clergy was arrayed in opposition to the king. It 
 was also the signal for the civil war which lasted, with more or less 
 activity, for- fourteen years."" 
 
 4. Of Henry's daughter, Matilda, after 1140. Of Oxford as a seat 
 of learning, where at a period of brute force the antidote ap- 
 peared in the systematic teaching of the law ; in 1149 Vacaritis 
 began his teaching. Of Henry, son of Matilda, and grandson 
 of Henry I ; treaty in 115 3, between Stephen and Henry ; death 
 of Stephen in 1134. 
 
 Matilda was solemnly received in the cathedral church of Win- 
 chester, March 3, 1 141 ; but no attempt was made to crown her. 
 "The legate himself simply proposed that She should be elected 
 Lady of England and Normandy."" "Countess, queen and empress 
 -in other lands, in England the only tide that she bears is Lady."" 
 Her son, Henry, was brought to England when he was eight years 
 ■old, to be trained in arms.''" 
 
 '5 Miss Strickland's Queens of Eng- "i Stubbs's Const. Hist., ch. 10, p. 
 
 land, vol. I,p. 135 to 138, and also p. 149, 326. 
 
 of Phila. edi., 1857. For further informa- i' What is said in I Hall. Mid. Ages, 
 
 tion there may be reference to I Turner's ch. 7, p. 415, should be compared with 
 
 TEngl., ch. 7, p. 207; 2 Lingard's Engl., 2 Lingard's Engl., ch. 4, p. 173 to 176. 
 
 ch. 4, pp. 170, 171 ; I Stubbs's Const. The language of the text is according to 
 
 Hist., p. 326, note 3; 5 Freem. Norm. i Stubbs's Const. Hist., ch, 11, pp. 339, 
 
 Conquest, pp. 194, 195, edi. 1873. 340. 
 
 '*i Stubbs's Const. Hist., ch. 10, p. "5 Freem. Norm. Conquest, pp. 203, 
 
 ^26. The day mentioned in a note is 204, edi. 1873. • 
 
 Dec. II; Mr. Foss says Dec. 4. He 20 j Stubbs's Const. Hist., ch. 12, p. 
 
 observes that the bishop " was seated at 448. " He had stayed four years in 
 
 Salisbury more than thirty-two years; England (1142-1146) safe in his uncle's 
 
 his remains were deposited there, and fortress of Bristol, when his father, now 
 
 his memory was regarded with such high the acknowledged Duke of the Normans, 
 
 estimation that he is usually named sent for him to tarry with him at least 
 
 with the addition of 'Magnus.' " Biogr. for a while." 5 Freem. Norm. Con- 
 
 Jurid. quest, p. 216, edi. 1873. 
 
166 In Norman period. 
 
 " Eight years after her first coming to England as a claimant for 
 its crown, the empress, tired of the wretched struggle, withdrew to 
 the continent; and in the next year, her brother and chief champion, 
 earl Robert, died."" 
 
 "The two older characters of Oxford, as a great miUtary post, and 
 as a special place for great national assemblies, both come out 
 strongly in Stephen's time. To these characters the border town 
 now began to add the new one which it has ever since kept, that of a 
 seat of learning. In the days of Henry (1133), we hear of the first 
 public lectures on divinity ; in the days of Stephen, amid the clash 
 of arms, we find the first beginning of studies of a more general 
 kind ; amid the special reign qjf brute force, the antidote appeared in 
 the first systematic teaching of the science of law. In Henry's days, 
 the lectures of the Briton, Robert Pulan, who rose to high place 
 at the Roman court, made the first beginnings of a faculty of 
 theology. In Stephen's days, but not till the crowned Augusta had 
 left the land (1149), Vacarius began his first teaching of the imperial 
 law.'"' 
 
 Henry, son of Matilda, and grandson of Henry I, was in 1149, 
 knighted by his great-uncle, David, king of Scots. Henry, in 1151, 
 went back to the continent and received Normandy from his father; 
 and upon his death soon after, succeeded him in Anjou. 1151 is also 
 mentioned as the year of the death of Adelicia, queen of Henry's 
 grandfather; and as the year of the death of Matilda, Stephen's 
 queen.'' In 1152 Henry was married to Eleanora (of Aquitaine), 
 who had been divorced from Louis VII, of France, but six weeks. 
 Having by this marriage added to his dominions Poictou and 
 Guienne, Henry obtained a fleet, with which he embarked in May, 
 1 1 53, for England, where he raised a native army. There was some 
 warfare; but a decisive battle was avoided, "for Stephen was con- 
 vinced of his weakness, and Henry was now, as ever, economical of 
 
 ''^lA., p. 209. abbey of Feversham. Queens of Eng- 
 
 22Id., pp. 213, 214; I Stubbs's Const. land, vol. i, p. 161, of Phila. edi., 1857. 
 
 Hist., ch. 12, p. 494, note. See post ch. In same vol., pp. 140, 141, it is stated as 
 
 X, § 3. to Adelicia's death, that " the annals of 
 
 ^S Freem. Norm. Conquest, p. 216 to Margon date this event in the year 
 
 219. On the latter page, in note 2, it is 1151;" and that "the t-vio most unfor- 
 
 said, "Matilda died in 11 52;" but Miss tunate of the queens of England, Anne 
 
 Strickland states that she died May 3, Boleyn and Katharine Howard, were the 
 
 1151, at Heningham castle, in Essex, lineal descendants of Adelicia, by her 
 
 the mansion of Alberic de Vere; and second marriage with William de Al- 
 
 was interred in the then newly erected bini." 
 
io66 TO 1 1 54. 167 
 
 human life." After some negotiation there was at Wallingford, in 
 November, 1153, a treaty of peace; by which Stephen "adopted 
 Henry as his heir of the kingdom of England;" Henry giving up 
 present possession of the throne in consideration" of the right of suc- 
 cession.** 
 
 In October, 11 54, Stephen fell sick at Dover, and "died eight days 
 before the feast of All Saints (24th of October)," "" "leaving the throne 
 (for the first time since the Conquest, without a competitor) to the 
 great sovereign who succeeded him." 
 
 CHAPTER X. 
 
 DESPOTIC POWER IN THE REIGN OF THE NORMAN 
 CONQUEROR AND HIS SONS. RULES OF LAW AND 
 MODES OF PROCEEDING BEFORE THE NORMAN 
 CONQUEST, COMPARED WITH WHAT EXISTED DU- 
 RING THE NORMAN PERIOD. 
 
 I. Despotic power in the reigns of the Norman Conqueror and his 
 sons. Beneficial influence of Anselm ; the English clergy the 
 basis of Anselm's strength. 
 
 " Each tenant was held as bound to appear, if needful, thrice a year 
 at the royal court, to pay a heavy fine, or rent, on succession to 
 his estate, to contribute aid in case of the king's capture in war or 
 the knighthood of the king's eldest son, or the marriage of his eldest 
 
 ^ Henry of Huntingdon, book 8, p. ^^ He was interred in the abbey of Fe- 
 
 289 to 295; 1 Turner's Engl., ch. 7, p. versham, near his wife and son. Henry 
 
 212; 2 Lingard's Engl., ch. 4, pp. 183, of Huntingdon, book 8, p. 296. It is 
 
 184; Miss Strickland's Queens of Eng- stated that "at the dissolution of the 
 
 land, p. 173 to 175, edi. 1857; I Stubbs's abbey under Henry VIII, his tomb was 
 
 Const. Hist., ch. 10, pp. 331, 332, and opened, the leaden coffin was melted 
 
 ch. 12, p. 448; 5 Freem. Norm. Con- down, and the bones were cast into the 
 quest, p. 214 to 220; Green's Hist, of ' sea." 2 Lingard's Engl., ch. 4, p. 184, 
 
 Engl. Peop., book 2, ch. 2, pp. 159, 160, noU, 
 of vol. I. 
 
168 Review of Norman period 
 
 daughter. An heir who was still a minor, passed into the king's 
 wardship, and all profit from his lands went, during the period of 
 wardship, to the king. If the estate fell to an heiress, her hand was 
 at the king's disposal, and was generally sold by him to the highest 
 bidder. These rights of ' marriage ' and ' wardship ' as well as the 
 exaction of aids at the royal will, poured wealth into the treasury, 
 while they impoverished and fettered the baronage." ' 
 
 The king " is in fact despotic, for there is no force that can consti- 
 tutionally control him or force him to observe the conditions to 
 which, for his own security, or for the regular dispatch of business, 
 he may have been pleased to pledge himself"^ However such 
 power in the crown, may have been restrained under the Conqueror 
 by a sense of duty, it became a despotism in the hands of his son, 
 William.' How far there was renunciation in the charter of Henry 
 may be seen in chapter viii, § i, p. 150. Mr. Stubbs observes. There 
 was a time "for Lanfranc and Anselm, as well as for William of Nor- 
 mandy and Henry of Anjou."* He says: 
 
 "The churches were schools and nurseries of patriots; depos- 
 itories of old traditional glories and the refuge of the persecuted. 
 The English clergy supplied the basis of the strength of Anselm 
 when the Norman bishops sided with the king. They trained the 
 English people for the time when the kings should court their support 
 and purchase their adherence by the restoration of liberties that 
 would otherwise have been forgotten. The unity of the church was, 
 in the early period, the only working unity ; and its liberty, in the 
 evil days that followed the only form in which the traditions of the 
 ancient freedom lingered. It was again to be the tie between the 
 conquered and the conquerors ; to give to the oppressed a hold on 
 the conscience of the despot; to win new liberties and revive the 
 old ; to unite Normans and Englishmen in the resistance to tyrants, 
 and educate the growing nation for its distant destiny as the teacher 
 and herald of freedom to all the world." ° 
 
 2. Of the rules before the Conquest and during the Norman period 
 as to tenant by the curtesy of England, and tenant in dower. 
 
 Of tenancy by the curtesy, it has been said, " it was called the 
 
 1 Green's Hist, of Engl. Peop., book 2, Of Lanfranc is given some account in 
 
 ch. 2, p. 136, of vol. I. ch. 6, \ 9, p. 136; of Anselm, a beauti- 
 
 2 1 Stubbs's Const. Hist., ch. 11, p. ful picture in Green's Hist, of Engl. 
 
 338. Peop., book 2, ch. 2, p. 137, et seq., of 
 
 'Green's Hist, of Engl. Peop., book 2, vol. i. 
 
 ch. 2, p. 136, of vol. I. 61 Stubbs's Const. Hist., ch. viii, pp. 
 
 * I Stubbs' Const, Hist., ch. S, p. 244. 245, 246. 
 
io66 TO 1 1 54. 169 
 
 law of England because it was invented in England, on behalf of 
 poor gentlemen who married gentlewomen, and had nothing where- 
 with to support themselves after their wives' death." But Mr. Hor- 
 wood° thinks "it was probably derived from the Normans, whose 
 customs favoured in like manner a husband who had a living child 
 by his wife -who was seized of real estate." ' It is deemed useless to 
 enlarge here upon what is said as to this tenancy, and as to tenant in 
 dower, in 2 Bl. Com., 126, et seg., and 2 Wooddesson, Lect., p. 
 18, ei seq. 
 
 J. The cases of Collingwood v. Pace, i Ventr., 414, and Black- 
 borough V. Davis, I P. Wms., 30, examined in connection with 
 I Spence's Eg , book i, ch. 4, pp. 24, 25, as to the law of descents 
 of Britons, Romans, Germans, Normans and English. 
 
 Touching the succession of the father to the purchase of his son, 
 it is said: i, that !' according to the Jews, for want of issue of the 
 son, the father succeeds, excluding the brother ; " * " but the mother 
 was wholly excluded;" 2, "According to the Greeks, the provision 
 for the succession of the father is left doubtful." ' 
 
 • A descent of lands in England must be ruled according to the laws 
 of England." According to those laws, as they were in Lord Hale's 
 time, "the son dying without issue, or brother or sister, the father 
 cannot succeed, but it descends to the uncle."" This had not always 
 been so in the British isle. 
 
 Lord Coke speaks of "the antiquity of descents which the Ger- 
 mans had, agreeable with the ancient laws of the Britons, continued 
 in England to this" (his) "day."^'' But as intimated in ch. i, § 11, p. 
 29, Lord Coke has not sufiiciendy recognized the fact that in the 
 
 ^Editor and translator of Year Books 'Petit Leges, i, 6, fol. 6; cited in S. 
 
 of 20 and 21 Edward i. C, I Ventr., 414. 
 
 'Id., p. XX, of preface; citing Grand ""S. C, i Ventr., 415; i Lev., 59., 
 
 Coustumier, cap. 1 21. 11 Lord Hale added, "It is a maxim of 
 
 *The "construction of the Jewish the English law, an inheritance cannot 
 
 Docfors upon Num. 27," and " Selden aif lineally ascend." Collingwood v. Face' 
 
 Successionibus Hebr. Cap., 12," are i Ventr., 415; Cowper v. Cowper, 2 P. 
 
 cited by Hale, C. B., in Collingwood v. Wms., 734. 
 Pace, I Ventr., 419. " 2 Inst., 7. 
 
170 Review of Norman period 
 
 ancient laws of the Britons, some alteration was made by some 
 conquerors, 'especially the Romans.' Hale, C. B., said: 
 
 "According to the Romans or civil law, by the construction of the 
 twelve tables, the father succeeds in the purchase of the son for want 
 of issue of the son, under the title, of Proximus Agnatus ; and 
 accordingly was their usage, though my Lord Coke supposed the 
 contrary. (Co. Lit., 5.) But to setde all, the Institutes of Justinian, 
 lib. 3, tit. 3, in an authentic collection, 8 tit., de hared. ab intestato 
 venientibus, the son dying without issue, his brothers and sisters, 
 father and mother do succeed him, in a kind of coparceny, as well 
 to lands as goods." " 
 
 It would seem that Mr. Spence did not have this in his view when 
 he wrote the fourth chapter of his first book;" and did not advert to 
 Lord Hale's further statement : 
 
 That "according to the customs of Normandy, which, in some 
 things have a cognition with the laws of England, the son dying 
 without issue, his brothers are preferred before the father; but the 
 father is preferred before the uncles."'* 
 
 Nor did Mr. Spence have in view a pertinent opinion of Lord 
 Holt in Blackborough v. Davis, i P. Wms. 50. That great chief 
 justice of England observed : 
 
 " That by the ancient laws here, both before and at the Conquest, 
 all the descendants, sons and daughters 'in general, did inherit as well 
 the real as personal estate of the ancestor, equally, and in a like 
 proportion."" — "In process of time new laws were introduced; and 
 the change seems to have begun tempore Henrici Primi, when the- 
 females, in case there were males, were excluded from the inheritance 
 of the real estate." " — " But at that time, if a child died without issue, 
 the land went to the father or mother in preference to any of the 
 collateral line.'"* — "This law of succession did not continue long,, 
 
 ^^ Collingwood v. Pact, I Ventr., 414. Si quis sine liberis decesserit, pater out 
 
 '* I Spence's Eq., pp. 24, 25. mater ejus in hcereditatem succedat, vel 
 
 ^^ Collingwood V. Pace, I Ventr., 415. frater et soror si pater etinater desint; 
 
 '^^ Holt, C. J., observes that " so it ap- si nee hos habeat, soror patris velmatris, 
 
 pears in Selden's Eadmerus 184; Lam- et deinceps qui propinquiores in paren- 
 
 bard's Saxon Laws, 36 fo. 167. Si quis tela fuerint hcereditario succedant; et 
 
 intestatus obierit, liberi ejus hareditatem dum virilis sexus extiterit, et haredi- 
 
 equaliier dividant, &'c.'" i P. Wms. 50. tas abinde sit, fcemina non hceredi-^ 
 
 " But the males inherited equally all tat. This law is cited by Lord Coke 
 
 the socage lands. Glanville lib. 7, cap. in his comment on Littleton, fo.' 1 1 , 
 
 3 ; cited I P. Wms. 50. where he says he never read any opinion 
 
 ^'As you may see in Lambard 202, in any book, old or new, against the 
 
 203, inter leges Henrici Primi, cap. 70. maxim that inheritances cannot lineally 
 
io66 TO 1 154. 171 
 
 being altered betwixt the time of Henry I and Henry II, when the- 
 fetther and mother were excluded and the inheritance carried over 
 to the collateral line." "—" This alteration was made only as to 
 the real estate, and did not extend to the personal estate; for as to 
 thait, the father and mother had always the preference before the 
 brodiers and sisters, which " (Lord Holt observes) " is a plain demon- 
 stration that they were esteemed nearer of kin." ^ 
 
 The reign of Justinian (who was proclaimed emperor about August 
 I, -527), ended in 565, as mentioned in ch. 2, § 2, p. 37. Admitting 
 that new laws were introduced in the latter end of Justinian's reign^ 
 Lord Holt states their effect: 
 
 He observes, "they were such as had been in ancient practice in 
 the Praetorian court, viz., the brothers and sisters were let in to share 
 with the father and mother; but all other collaterals, more remote, 
 were excluded; and the grandfather and grandmother were pre- 
 ferred before the uncles and aunts;" he mentions that "it appears- 
 from Ridley's view of the civil law (page 63), that the "grandmother,, 
 &c., of the ascending line, to the utmost degree, was anciently pre- 
 ferred before the nearest collaterals." " 
 
 According to Lord Holt, " this rule of succession in the asfcending 
 line is agreeable to the laws of other nations ; for by the constant 
 practice of the Jewish nation, for want of issue of the son, the father 
 succeeded to the purchase of the son, excluding the brother, accord- 
 ing to the construction of the Jewish doctors upon the xxvii chapter 
 of Numbers." ^ — "And, indeed, by all laws (excepting that of Jus- 
 tinian) the father was preferred to the brother." ^ 
 
 Lord Holt says, " the civil law obliges us here, only as it has been 
 anciently received,, and it could not have been received tempore 
 Henrici Primi, who lived about the year of our Lord iioo; for 
 that the works of Justinian were first published about anno dom. 
 560, and were practised about forty years, after which they were 
 totally neglected in the empire for 500 years."" 
 
 ascend but only in Libra Rub., cap. 70. be altered by the statute of Car. 2, which 
 See I P. Wms. 50; where Holt. C. J., prefers the next of kin, tho' collateral, 
 referring to the time of Coke's comment, before one, tho' lineal that is more re- 
 observes that 'Lambard was not then mote." i P. Wms. 51. 
 published.' 22 "^.s you find it in Selden, De Suc- 
 
 "Glanv. lib. 7, cap. 1,2, 3,4; cited cessionibus apud Hebraos, cap. 12;"' 
 
 by Holt, C. J., in P. Wms. 50, i Ventr. cited i P. Wms. 52. 
 415. '^ I P. Wms. 52. 
 
 ^Holt, C. J., adds, "and then, by the "And new laws were set up by the 
 
 Jike reason, the grandmother must be emperor Basilius, which were followed 
 
 preferred before the aunt." I P, Wms. till the taking of Constantinople, anno- 
 
 SI. 1453- » JP- Wms. 52. 
 
 » " But that," says Ld. Holt, '• may now 
 
172 
 
 Review of Norman period 
 
 4. Definition of justice in Justinian's Pandects ; id quod semper 
 aquum. et bonumjus dicitur; suum cuique tribuere. Copy of the 
 Pandects discovered at Amalfi about 11^7 ; in less than ten years 
 afterwards, Vacarius read lectures on civil law, at Oxford. Re- 
 sult of its study. Also of the canon law. 
 
 According to the Pandects — 
 
 "Justitia est constans et perpetua voluntas jus suum cuique tribu- 
 endi. fus pluribus modis dicitur. Uno modo cum id quod semper 
 aquum et bonum,, jus dicitur ; ut est jus naturale. Juris prmcepta 
 sunt h(sc ; honeste vivere, alterum non Icedere, suum cuique tri- 
 buere.'"^ 
 
 For a long time "the text of the Pandects" was ''almost wholly 
 lost." Accident led, some time about the year 1137, to the discovery 
 of a complete copy of them at Amalphi, a town in Italy, near Sa- 
 lerno."'"' With that discovery, "the study of the civil law revived."" 
 
 ^^Dig. Lib. I, tit. i; cited in i Story's 
 Eq., ch. I, § I, p. 2 of I2th edi. (1877.) 
 ^ ' Joannes Seldeni ad Fletam Disser- 
 tatio,'' ch. 6, \\ 2, 3, p. 118 to 130 of 
 translation in 1771; Selden's notes on 
 Fortescue, ch. i8, 19; Selden on Tithes 
 490; and Lib. i, ch. 5 of Dr. Duck's 
 treatise de usu et auihoritate juris civilis 
 Romanorum, are cited in I P. Wms. 52, 
 53. Pertinent also are i Ld. Raym., 684, 
 I Salk. 251, Com. 96. Dr. Duck's trea- 
 tise is highly commended by Mr. Charles 
 Butler in Hora; Juridic^ Subsecivse, ch. 
 7, p. '72 (of Phila. edi. 1808). From 
 Amalphi the copy found its way to Pisa, 
 and Pisa having submitted to the Floren- 
 tines in 1406, the copy was removed in 
 great triumph to Florence. By the di- 
 rection of the magistrates of the town 
 it was immediately bound in a superb 
 manner and deposited in a costly chest. 
 This copy of it is generally called the 
 Florentine Pandects. Formerly they 
 were shewn only by torch light, in the 
 presence of two magistrates, and two 
 Cistercian monks, with their heads un- 
 covered. They have been successively 
 collated by Politian, Bolignini, and An- 
 tonius Augustinus; an exact copy of 
 
 them was published in 1533 by Francis- 
 cus Taurellus." Id., p. 62. Mr. Charles 
 Butler remarks that " it should be ac- 
 companied with the treatise of Antonias 
 . Augustinus, on the proper names in the 
 Pandects, published by him at Tarra- 
 gona, in 1579. About the year 1710, 
 Henry Brenchman, a Dutchman, was 
 permitted, at the earnest solicitation of 
 our George the first, to collate the manu- 
 script. He employed ten years upon it, 
 and in the investigation of various topics 
 of literature connected with the Jus- 
 tinianean Code. His elegant and curious 
 Historia Pandectarum, published at 
 Utrecht, in 1712, gives an interesting ac- 
 count of his labours ; and shews, like the 
 labours of Wetstein and Mill, that great 
 force of imagination, exquisite taste, 
 minute and patient investigation, and the 
 soundest judgment, may be found in the 
 same mind." — " Brenchman refers" the 
 Florentine manuscript " to the sixth cen- 
 tury, a period not very remote from the 
 era of Justinian." Ibid. 
 
 '"Id., p. 66; Joannes Seldeni ad 
 Fletam Dissertatio, ch. 6, J 2 to § S, p. 
 118 to 138 of translation in 1771. 
 
io66 TO 1 1 54. 173 
 
 About the time that the emperor Lotharius founded public lectures 
 of the Justinian and other Roman laws, they were brought to Eng- 
 land by some of the attendants or household of Theobald, lately 
 abbot of Bee, and now archbishop of Canterbury. In his (Theo- 
 bald's) time, and in the reign of King Stephen, Roger Vacarius, a 
 monk of Bee, read public lectures on those laws until the reading 
 was prohibited by an edict in 1 149 ; after which, upon the death of 
 Lethardus, abbot of Bee, Roger became his successor.^ 
 
 Mr. Hume, who thought " the period in which the people of Chris- 
 tendom were the lowest sunk in ignorance," was " about the age of 
 William the Conqueror,'' and that " from that era the sun of science, 
 beginning to reascend, threw out many gleams of light," speaks of 
 events which tended to the improvement of the age, and observes, 
 that perhaps there was none which tended further to such improve- 
 ment than "the accidental finding of a copy of Justinian's Pandects" 
 " in the town of Amalfi." He says : * 
 
 " The ecclesiastics who had leisure, and some inclination to study, 
 immediately adopted with zeal this excellent system of jurisprudence, 
 and spread the knowledge of it throughout every part of Europe. 
 Besides the intrinsic merit of the performance, it was recommended 
 to them by its original connection with the imperial city of Rome, 
 which, being the seat of their religion, seemed to acquire a new lustre 
 and authority by the diffusion of its laws over the western world. 
 In less than ten years- after the discovery of the Pandects, Vacarius, 
 under the protection of Theobald, archbishop of Canterbury, read 
 public lectures of civil law in the university of Oxford; and the 
 clergy everywhere, by their example, as well as exhortation, were the 
 means of diffusing the highest esteem for this new science. That 
 order of men, having large possessions to defend, was in a manner 
 necessitated to turn their studies towards the law ; and their proper- 
 ties being often endangered by the violence of the princes and 
 barons, it became their interest to enforce the observance of general 
 and equitable rules, from which alone they could receive protection. 
 As they possessed all the knowledge of the age, and were alone 
 acqiiainted with the habits of thinking, the practice, as well as science 
 of the law, fell mostly into their hands." '^ 
 
 ^yoannes Seldeni ad Fletam Disser- p. 21 ; 1 Stubbs's Const. Hist., ch. 12, p. 
 
 iaiio, ch. 7, ^ i to 7, p. 139 to 185 of 494, note 1 ; Green's Short Hist., ch. 3, 
 
 translation in 1771 ; ffom JuridiccB \ 4, p. 157. 
 
 Subseciviz y\i, p. 71; i Turner's Engl., ^'2 Hume's Engl., ch. 23, pp. 549,. 
 
 ch. 8, p. 226; 2 Lingard's Engl., ch. 5, 550 of N. Y. edi. 1850. 
 
174 Review of Norman period 
 
 Dr. Lingard states that " among the students and admirers of the 
 Pandects was Gratian, a monk of Bologna, who conceived the idea 
 ■of compiUng a digest of the canon law, on the model of that favorite 
 work; and soon afterwards, having incorporated with his own labours 
 the collections of former writers, he gave his 'decretum' to the pub- 
 lic in 1151. From that moment the two codes, the civil and canon 
 laws, were deemed the principal repositories of legal knowledge; and 
 the study of each was supposed necessary to throw light on the 
 other.'"" 
 
 Mr. Hume observes that "though the close connection which, 
 without any necessity," the clergfy formed between the canon and 
 civil law, begot a jealousy in the laity of England, and prevented 
 the Roman jurisprudence from becoming the municipal law of the 
 country, as was the case in many states of Europe, a great part of it 
 was secretly transferred into the practice of the courts of justice, 
 and the imitation of their neighbors made the English gradually 
 endeavour to raise their own law from its original state of rude- 
 ness and imperfection." 
 
 " The sensible utility of the Roman law, both to pubhc and private 
 interest, recommended the study of it at a time when the more exalted 
 and speculative sciences carried no charms with them ; and thus the 
 last branch of ancient literature which remained uncorrupted, was 
 happily the first transmitted to the modern world. For it is remark- 
 able that in the decline of Roman learning, when the philosophers 
 were universally infected with superstition and sophistry, and the 
 poets and historians with barbarism, the lawyers, who in other 
 countries are seldom models of science or politeness, were yet able, 
 by the constant study and close imitation of their predecessors, to 
 maintain the same good sense in their decisions and reasonings, and 
 the same purity in their language and expression." '^ 
 
 As to the study of the Roman law, there are also observations by 
 Sir James Mackintosh'" and Mr. Stubbs. The latter says : 
 
 " The revived study of the Roman law which had reached Oxford 
 in Stephen's time, although it never had the effect of Romanizing 
 the English common law, had, as an instrument of education, a great 
 bearing on the spread of orderly and equitable ideas of jurispru' 
 dence. The rapid growth of the universities of Paris and Oxford, 
 which were the outward expression of the life of early scholasticism, 
 
 "'2 Lingard's Engl., ch. 5, p. 21. Of of Tarragon, in his learned and enter- 
 
 the celebrated Decretum Gratiani, or the taining dialogue on the Emendation Of 
 
 Concordia Discordantium Canonum,yix. Gratian" Horae Jurldicas Subsesciv£E, pp. 
 
 Charles Butler observes that it "abounds 113, 114 of Phila. edi. 1808. • 
 
 with errors ;" that learned men have been '^ 2 Hume's Engl., ch. 23, pp. 509, 510 
 
 engaged in its correction; but that of N. Y. edi. 1850. 
 
 ■" several faulty passages still remain in " i Mackintosh's Engl., pp. 148, 149 
 
 the work," and " have been pointed out of Phila. edi. 1830. 
 by Antonius Augustinus, the archbishop 
 
io66 TO 1 154. 176 
 
 •conduced to the maintenance in the educated class of an ideal of free 
 government, drawn from ancient Greek and Roman history, which, 
 although neveriikely to be realized in detail, tended to make tyranny 
 such as that of William Rufus impossible.'"' 
 
 J". Of the ancient national militia, which subsisted side by side with 
 the county court and hundred court through the Norman period. 
 Hatred towards mercenaries in Stephanas time. Measures at 
 Wallingford in 1133. 
 
 The obligation (on all freemen possessing land allodially) to mili- 
 tary service in defence of the country or of peace, survived the allodial 
 system and was not merged in the military machinery of feudalism. 
 The hus-carls of Canute, on the other hand, were the germ of a 
 standing army, and an anticipation of the system of fighting by mer^ 
 cenaries, which was adopted by William the Conqueror and the Nor- 
 man kings on account of the insufficiency of the feudal levies. 
 Neither the feudal levies, which were unmanageable and precarious, 
 nor the merceaaries, who were intolerable to the people, were avail- 
 able for the purposes served by the ancient national militia ; and that 
 body — which was the armed English people — subsisted side by side 
 with the county court and hundred , court through the Norman 
 period. It was this force, which, fighting under the banner of Arch" 
 bishop Thurstan — who had called up every parish priest at the head 
 of his parishioners — had won the battle of the Standard. The 
 hatred of the English towards mercenaries reached a cliihax in the 
 time of Stephen.'* The scheme at Wallingford for the restoration of 
 order, embraced in its measures the following : 
 
 (4.) "The king is to restock the desolate country, employ the hus- 
 bandmen, and, as far as possible, restore agriculture and replace the 
 flocks and herds of the impoyerished farmers. 
 
 (6.) "The jurisdiction of the sheriffs is to be revived and men are 
 to be placed in the office who will not make it a means of gratifying 
 private friendship or hatred, but will exercise due severity, and wiU 
 give every man his own; thieves and robbers are to be hanged. 
 
 (7.) "The armed forces are to be disbanded and provided for; 
 'the knights are to turn their swords into plough-shares and their 
 spears into pruning-hooks.""^ 
 
 '' Select Charters, part 4, p. 118. 434. 
 
 '* Select Charters, pp. 146, 147; I ^ i Stubbs's Const. Hist., p. 334. 
 
 Stubbs's Const. Hist., ch. 11, p. 431 to 
 
176 Review of Norman period 
 
 6. Of the ' Tradatus de Legibus et Consuetudinibus Regni Anglice,' 
 whereof Ranulph de Glanville^ is considered the author. Con- 
 clusion of Mr. Turner from a passage in this treatise. What 
 is extracted from it by Mr. Stubbs. 
 
 This treatise (first printed in 1554) is spoken of as "the earliest and 
 most ancient work on the subject of English jurisprudence from 
 which any clear and coherent account of it is to be obtained."" 
 From a passage in it as to English laws not written^ Mr. Turner 
 concludes : 
 
 "That these unwritten laws were not mere customs, as the com- 
 mon law of England has been sometimes erroneously called, but the 
 actual enactments of the national council of England, and as these 
 principles, from which the ancient interpreters of the law deduced 
 their statements of the royal and parliamentary power in England 
 are not likely to have originated after the Norman Conquest, we may 
 consider them as describing to us some important features of the 
 Anglo-Saxon cyning and of the Anglo-Saxon witena-gemots."" 
 
 Mr. Stubbs, in one of his volumes, extracts from Glanville's work, 
 " such illustrations of the system of recognition by jury as throw 
 light on the principles of representation and election existing in the 
 legal system before they began to be applied to self-government and 
 to the constitution of the common National Council; with a few 
 casual notices of the condition of villeins and the privileges of 
 buroughs and franchises." *" 
 
 s«Bom at Stratford, in Suffolk. He 'sWhich (since Mr. Beames wrote, p. 
 
 was a grandson of a baron of the same xxxix of the preface to his translation of 
 
 name, whose possessions were in' the Glanville), Mr. Turner has rendered 
 
 counties of Norfolk and Suffolk, and thus : •' It will not seem absurd that 
 
 younger son of William de Glanville, those English laws should be called 
 
 and had raised himself to a considerable Laws, although not written, which have 
 
 position before the death of Bartholomew, been promulgated on doubtful things, and 
 
 his eldest brother; on which event he in council determined by the advice of 
 
 succeeded to the barony. Foss's Biogr. the proceres , and acceding authority of 
 
 J""d. the prince." Turner's Hist, of Anglo- 
 
 '■f P. xvii to XX of Beames's preface to Saxons, book 8, ch. 3, p. 144 of vol. 3. 
 
 translation of Glanville, edi. 1812; ^sj^ 
 
 Green's Hist, of Engl. Peop., book 2, *» Select Charters, p. 153 to 157. 
 ch. 3, p. 171 of vol. I. 
 
io66 TO 1 154. 177 
 
 Mr. Stubbs, in the volume in which he speaks of the status of the 
 villein in the Norman period," observes that " Glanvill's preface to 
 his book on the laws is adapted from the Institutes of Justinian,"*'' 
 and that it was during the last years of Henry II, that Glanvill 
 " drew up or superintended the composition of the Liber de Legibus 
 Anglice, on which our knowledge of the Curia Regis in its earliest 
 form depends."*' 
 
 7. Jurisdiction of the probate of wills. Where it was in Anglo- 
 
 Saxon times ; and how it was changed in the Norman period. 
 
 Glanville said, " Pleas coftcerning testaments ought to be agitated 
 before the ecclesiastical judge, and decided according to the course 
 of law, on the testimony of those who were present at the time of 
 the making of the will." " Mr. Stubbs says : 
 
 "In Anglo-Saxon times there seems to have been no distinct 
 recognition of the ecclesiastical character of" causes testamentary, or 
 as to the administration of an intestate's goods; "and even if there 
 had been they would have been tried in the county court. Probate 
 of wills is also in many cases a privilege of manorial courts which 
 have nothing ecclesiastical in their composition, and represent the 
 more ancient moots, in which no doubt the wills of the Anglo-Saxons 
 were published. As, however, the testamentary jurisdiction was 
 regarded by Glanville as an undisputed right of the church courts, 
 the date of its commencement cannot be put later than the reign of 
 Henry I, and it may possibly be as old as the division of lay and 
 spiritual courts."*" 
 
 The subject is further treated of in this volume in ch. 29, § 6. 
 
 8. Of the Norman king as the source of justice; the resource on 
 
 appeal for equity. Of the justiciar, chancellor and other func- 
 tionaries who are ministers of state and members of the Curiae 
 Regis and Exchequer, and as such exercise judicial functions. 
 Also of the Witena-gemot of the kingdom, now subsisting under 
 the title of the Great, Court or Council. 
 
 The notice in chapter 5, of institutions in Anglo-Saxon times, 
 
 « I Const. Hist., ch. II, p. 428 to 431. translation. 
 
 «Id., ch. 12, p. 494, note I. "3 Stubbs's Const. Hist., ch. 19, pp. 
 
 «/fl^., p. 491. 344.345- 
 
 "Book 7, ch. 8, p. 168 of Beames's 
 
 12 
 
178 Review of Norman period 
 
 embraced in § 7, p. 112, "the witena-gemot, or assembly of the 
 wise;" in § 8, p. 117; the chancellor; and in § 9, p. 119, "the con- 
 nection between the administration of the king's peace and his func- 
 tion as the fountain of justice." The Norman period was the epoch 
 of the growth of a new administrative system, having the source of 
 its strength in the royal power. Under this system it is from the 
 person, the household, the court and the council of the king, that all 
 constitutional power radiates. 
 
 The king " is the source of justice and the ultimate resource on 
 appeal for such equity as he is pleased to dispense ; the supreme 
 judge of his own necessities and of the mfithod to be taken to supply 
 them."" 
 
 The great officers of the household form the first circle round the 
 throne, and furnish the king with the first elements of a ministry of 
 state.*' Duties which originally belonged to some of them were 
 afterwards "falling into the hands of another class of ministry;" — 
 "the justiciar, the treasurer and the marshal take their places besides 
 the high steward, the chamberlain and the constable." 
 
 " The chief minister of the Norman kings is the person to whom 
 the historians and later constitutional writers give the name oijustici- 
 arius, with or without the prefix summus or capitalis. The growth 
 of his functions was gradual." ^ 
 
 Under William Rufus the functions of the confidential minister 
 became largely extended; the office became a permanent one, and 
 included the direction of the whole judicial and financial arrange- 
 ments of the kingdom. 
 
 Mr. Stubbs thinks Ranulf Flambard "may be looked on as the 
 first consolidator of the functions of the office." — "By whatever 
 name the post was distinguished it became in Flambard's hands all 
 important."" 
 
 " The chancellor, who, at a later period entered into many of the 
 rights and dignities of the justiciar, appears in history very much 
 eariier." — The office "seems to have been to a comparatively late 
 period, generally, if not always, at least in England, held by an 
 
 *Si Stubbs's Const. Hist., ch. 11, pp. *' Id., pp. 345, 346. 
 
 337.338. *'i Stubbs's Const. Hist., ch. 11, pp. 
 
 " Id., p. 343. 347, 348. 
 
io66 TO II 54. 
 
 179 
 
 ecclesiastic, who was a member of the royal household, and on a 
 footing with the great dignitaries. The chancellor was the most 
 dignified of the royal chaplains, if not the actual head of that body. 
 The whole of the secretarial work of the household and court fell on 
 the chancellor and chaplains; the keeping of the royal accounts 
 under the treasurer and justiciar, the drawing up and sealing of the 
 royal writs, and the conducting of the king's correspondence. The 
 chancellor was, in a manner, the secretary of state for all depart- 
 ments."*" 
 
 Mr. Stubbs speaks of the treasurer, the chamberlain and other 
 great functionaries of the household and of the state ; each dignitary 
 of the household being a member of the Curia Regis" and Exche- 
 quer, and in that capacity exercising from time to time judicial 
 functions.*'' After which Mr. Stubbs treats of the witena-gemot of 
 
 Mid., pp. 351, 352. There (pp. 352, 
 3S3) is this note : " The words of John 
 of Salisbury, ^ Hie est qui regno leges 
 ■cancellat iniquas et mandatapii principis 
 aqua facit' are a curious anticipation of 
 the history of the chancellor's equitable 
 jurisdiction as developed at a later period. 
 The play on the word is only a jesting 
 one. The reference to equity is ex- 
 plained when it is remembered that the 
 Curia Regis was, by its very nature, a 
 court of remedial and equitable jurisdic- 
 tion in the wider sense of the word equit- 
 able." From Text. Roffens.,p; 171, Mr. 
 Spence cites the Royal order ' Prohibeo 
 ne piscatores piscant in Tamesia ante 
 piscaturam de Rovecestra de Niverra et 
 si ulterius invenientur piscantes, sint 
 mihi foris facti.' This order of 'Henri- 
 cus Rex Anglorurn' is directed to 'Hai- 
 moni Dapifero et Hugoni de Bock' for 
 execution thereof, i Spence's Eq., p. 
 108, note (e). It does not appear neces- 
 sary to regard it as an ' instance of an 
 injunction' in the sense in which a court 
 ■of equity has been accustomed to use that 
 word since the fourteenth century. 
 
 »' I Const. Hist., ch. xi, p. 353 to 356. 
 " The officers of the Exchequer are the 
 great officers of the household ; the Jus- 
 ticiar who is the president, the chancel- 
 
 lor, the constable, two chamberlains, the 
 marshal and the treasurer, with such other 
 great and experienced counsellors as the 
 king directs to attend for the public ser- 
 vice, and who share with the others the 
 title of barons of the Exchequer. 
 Amongst these, if not identical with 
 them, are the justices or ordinary judges 
 of the Curia Regis, who appear to be 
 called indiscriminately ' justitiariV and 
 'barones scaccarii.'" Id., p. 378. 
 
 5^1 Const. Hist., ch. n, p. 353 to 
 356. "The treasurer, the chancellor, 
 even the justiciar, pays a sum of money 
 for his office, or even renders an annual 
 rent or farm for it." Id., p. 355. It is 
 stated that the chancellor " in A. D. 1 130 
 owes ;^3,oo6. 13. 4. for the Great Seal; 
 the Ijffice of treasurer was bought by 
 Bishop Nigel for his son for ;^400. In- 
 ferior places on the legal staff are also 
 sold." Id., p. 384. The " practice runs 
 on to the thirteenth century, when so 
 many of the dignities having become 
 hereditary, and the feeling of the nation 
 being strongly expressed in favour of re- 
 form, the king was compelled to choose 
 his subordinate ministers with some refer- 
 ence to their capacity for business." Id., 
 P- 355- 
 
180 Review of Norman period 
 
 the kingdom, now subsisting under the title of the great court or 
 council. 
 
 " Under the Conqueror this assembly retained very much of its ear- 
 lier character : the bishops and abbots still attended in virtue of their 
 official wisdom, and with them the great officers of state and the chief 
 of the Norman baronage. It was, however, rather a court than an 
 organized council." — " Except in the anomalous period of Stephen's 
 reign, there are no records of any such discussions as might lead to 
 divisions. In private, perhaps, the sovereign listened to advice, but 
 so far as history goes, the counsellors who took part in formal delib- 
 erations must have been unanimous or subservient. An assembly of 
 courtiers, holding their lands of the king, and brought together 
 rather for pompous display than political business, may seem scarcely 
 entitled to the name of a national council. Such as it was, however, 
 this court of bishops, abbots, earls, barons and knights, was the 
 council by whose advice and consent the kings condescended to act, 
 or to delare that they acted." ^' 
 
 g. Particularly of judicial proceedings in the king' s presence during 
 the Norman period. Report of the court held in 1088, on Bishop 
 William of St. Carileph, cited to show the Curia Regis as it 
 then was. 
 
 Judicial proceedings in the king's presence are frequently men- 
 tioned. 
 
 " It was by a judical sentence that Earls Waltheof and Roger were 
 condemned ; in a great session of the king's court the bishop of 
 Durham was tried in 1088; in a council at Salisbury, in A. D. 1096, • 
 William of Eu had his trial by b^ttle,iand his cruel punishment; in the 
 same council the king sentenced William of Alderi to be hanged and 
 the other conspirators to be imprisoned; in A. D. 1102, Henry I 
 summoned Robert of Belesme before his court and alleged forty-five 
 articles of treason against him; ifa A. D. 11 30, Geoffrey de Clinton 
 was accused of treason in the Easter court at Woodstock. In all 
 
 *' I Stubbs's Const. Hist., ch. 11, p. clear on the face of history. The period 
 
 356 to 358. " It would not now be con- was one of transition and growth in 
 
 tended that the assemblies brought to- every way. No legislative act turned the 
 
 gether by the Conqueror, or Henry I, had witenargemot into a feudal council, 
 
 the definite organization of the parlia- and no legislative act turned the feudal 
 
 ments of Edward I, or even of the council into a parliament." Id., p. 356, 
 
 councils of Henry II. But that there note; 5 Freem. Norm. Conquest, p. 272 
 
 were such gatherings of magnates, and to 283 ; I Green's Short Hist., ch. 2, J 6, 
 
 that those gatherings, when they emerge p. 124; i Green's Hist, of Engl. Peop., 
 
 from obscurity in the reign of Henry II, book 2, ch. 2, pp. 145, 146 of vol. I. 
 were assemblies of tenants-in-chief, is 
 
io66 TO 1 1 54. 181 
 
 these, and numerous other cases which might be adduced, it is clearly 
 the full national assembly, and not the mere justices, before whom the 
 trial is conducted. The barons act as judges, the king, apparently, 
 gives the sentence, although in this respect, also, he is open to advice; 
 It was by the counsel of Hugh of Chester that William of Eu suf- 
 fered mutilation. The mode of trial was probably the same as in 
 the lower courts, the accusation by sworn witnesses, compurgation, 
 ordeal and trial by battle."** 
 
 "Matters of civil jurisdiction were also brought before these assem- 
 blies, although the determination in such cases would fall to the lot Of 
 the more experienced lawyers of the Curia Regis or Exchequer." ^ 
 
 On a subsequent page, after stating the course of the Anglo-Saxon 
 kings,** it is said: 
 
 " The Norman duke has his feudal court of vassals like every other 
 feudal lord, and a tribunal of supreme judicature, which hiay or may 
 not have been personally identical with the court of vassals. The 
 royal judicature in England was, in the reigns of the Conqueror and 
 William Rufus, exercised either by the king or justiciar in person on 
 the great festivals, or by special commission in the shire-moot. The 
 question then " (says Mr. Stubbs), " is this. Was the curia regis as de- 
 veloped under Henry I, the curia ducts of Normandy ? or, was it the 
 Idng himself, acting as judge with the counsel of his witan, or a por- 
 tion of them? or, was it not rather a tribunal in a stage of growth, 
 springing from a combination of the two older systems, and tending 
 to become some thing very different from either?" In the opinion of 
 Mr. Stubbs, " the report of the court held on Bishop William of S. 
 Carileph, after the rebellion of 1088, supplies us with convincing 
 proof that the last is the true account of the matter." " Mr. Stubbs 
 
 "l Stubbs's Const. Hist., ch. II, pp. which is proved, but no more than its 
 
 371, 372. existence." i Stubbs's Const. Hist., ch. 
 
 ^Id., p. 372. "A [great council at xi, p. 439; 5 Freem. Norm. Conq., 284 
 
 Pedreda, in the Conqueror's reign, deter- et seq., and appendix N. N., pp. 588, 589. 
 
 mined the suit between the churches of *'Id., 440. "The bishop had acted 
 
 York and Worcester, and a similar quar- traitorously, and the king's officers had 
 
 Tel between the bishops of Llandaff and seized his estates ; he demanded restitn- 
 
 St. David's came before the court more tion ; the king insisted that he should 
 
 than once in the latter years of Henry I." purge himself of his treason. The bishop 
 
 Id., p. 372. pleaded his right to be treated as a bishop, 
 
 ''"The Anglo-Saxon kings heard but offered to defend himself from the 
 
 causes in person : the judgment of the charge of having broken his oath of 
 
 king was the last resort of the litigant fealty. The parties met at Salisbury, 
 
 who had failed to obtain justice in the where all the bishops, earls, barons and 
 
 hundred and the shire.. He had also royal officers assembled. Lanfranc re- 
 
 a court in which the disputes of his im- fused to listen to the bishop's plea, and 
 
 mediate dependents were settled, the he was appealed of treason by Hugh de 
 
 ' thening-manna-gemot, ' the existence of Beaumont on the king's part. After 
 
182 Review of Norman period 
 
 states the nature of the record, drawn up by a friend of the bishop, 
 and thinks its details "sufficient to prove that the court in which 
 the trial was held was the witena-gemot acting as a feudal court of 
 peers." ^* In his view "the curia regis of Henry I was a regulated 
 and modified form of that of William Rufus, as that of Henry II was 
 an organized development of that of Henry I." ™ " The age of rou- 
 tine, dependent on the will of a despot, passes by almost perceptible 
 stages into the age of law." ™ 
 
 lo. The National Council viewed as a full session of the Curia 
 Regis ; or the Curia Regis as a committee of the Council. 
 Who presided in the king's absence; and who were the ordi- 
 nary members of the court. The chancellor sat in it as a 
 m,ember, although the cause might not belong specially to the 
 chancery. Also of the Exchequer. The ■ Record of its busi- 
 ness preserved in great rolls, one of which was kept by the chan- 
 cellor, and called the roll of the chancery. In these rolls and 
 Domesday book is a valuable store of information. 
 
 " The great gatherings of the national council may be regarded as 
 full sessions of the Curia Regis; or the Curia Regis as a perpetual 
 committee of the national council." — " The courts, in the king's ab- 
 sence, were presided over by the chief or great justiciar, acting " ex 
 prascepto regis' or ' vice sua;' ' in meo loco,' as the Conqueror ex- 
 pressed it. The other persons who bear the title of justiciar, the ordi- 
 nary members, as they may be called of the court, were the same as 
 those of the Exchequer ; the same persons who acted as barons in 
 the latter acted as justices in the former." *^ — " The great officers of 
 the household seem to have acted in the business of the Curia Regis, 
 simply, however, as justices;" — when we find the chancellor or cham- 
 berlain sitting in judgment, we are not to suppose that the cause on 
 which he decides is one belonging specially to the chancery or the 
 chamber ; he is simply a member of the king's judicial court." 
 
 much deliberation, every stage of which king's court and the barons : as the bishop 
 
 is recorded, the bishop still insisting on will not answer the charge brought 
 
 his right, Lanfranc declares that he against him, he forfeits his fee." Id., 
 
 must first answer the king's demand : p. 440. 
 
 ' We are not judging you in the matter of '^ Id., pp. 440, 441. 
 
 your bishopric but of your fee, and so we *' He regards the trial of Henry of Es- 
 
 judged the bishop of Bayeux, before the sex, early in the reign of Henry II, and 
 
 king's father, concerning his fee ; nor that of Robert of Belesme, in the reign of 
 
 did the king in that plea call him bishop, Henry I, as links in a series which 
 
 but brother and earl. The bishop Strug- proves the fundamental identity of the 
 
 gles against this and appeals to Rome. earliest and latest forms. Id., 441. 
 
 The court then deliberates on the sen- s" Id., 444. 
 
 tence, which is finally pronounced by "i Stubbs's Const. Hist., ch. 11, pp. 
 
 Hugh de Beaumont, in the name of the 387, 388. 
 
io66 TO 1 1 54. 183 
 
 The Exchequer of the Norman kings was the court in which the 
 whole financial business of the country was transacted.'"" — "Twice a 
 year, at Easter and at Michaelmas, full sessions were held in the palace 
 at Westminster." 
 
 "The record of the business was preserved in three great rolls ; 
 one kept by the treasurer, another by the chancellor, and a third by 
 an officer nominated by the king, who registered the matters of legal 
 and special importance. The rolls of the treasurer and chancellor 
 were duplicates ; that of the former was called from its shape the great 
 roll of the pipe, and that of the latter the roll of the chancery."* 
 
 ^Id., p. 377. one roll, that of the thirty first year of 
 
 ^ Id., 379. " These documents are Henry I, is preserved, and this, with 
 
 mostly still in existence." The Pipe Domesday book, is the most valuable 
 
 Rolls are complete from the second year store of information which exists for the 
 
 of Henry II, and the Chancellor's Rolls administrative history of the age." Id. 
 nearly so. Of the preceding period only 
 
184 In Reign of Henry II 
 
 Title III. 
 
 INSTITUTIONS OF ENGLAND IN THE REIGNS OF 
 HENRY II, AND HIS SONS. 
 
 Chap. XI. — Institutions in the Reign of Henry II — 1154 to 1189. 
 XII. — Institutions in the Reign of Richard I, or Coeur 
 
 de Lion ^1189 to 1199. 
 
 XIII. — Institutions in the Reign of John — 1 199 to 1216. 
 
 XIV. — Review of the whole period — 11 54 to 1216. 
 
 CHAPTER XL 
 
 INSTITUTIONS IN THE REIGN OF HENRY II— 1 154 
 
 TO 1 189. 
 
 I. Of Henry himself; his election and coronation Dec. ig, 1 154; 
 his charter of liberties; expulsion of mercenaries ; and demo- 
 lition of fortified houses. 
 
 " The Norman period closes with the accession of Henry II, whose 
 statesmanhke activity, whose power of combining and adapting that 
 which was useful in the. old systems of government with that which 
 was desirable and necessary under the new, gives " (Mr. Stubbs 
 thinks) " to the policy which he initiated in England, almost the char- 
 acter of a new creation." ^ 
 
 " He was a young man of keen, bright intellect, patient, laborious, 
 methodical; ambitious, within certain well defined limits, tenacious 
 of power, ingenious even to minuteness in expedients, prompt and 
 energetic in execution; at once unscrupulous and cautious."^ 
 
 'i Stubb's Const. Hist., ch. 10, p. 336. ^Id., ch. I2, p. 447. 
 
1154 TO 1 189. 185 
 
 " He had, in his wife and mother," two counsellors of ability and 
 •experience, but his own genius for government must have been innate; 
 and next to his genius the most important element in the crea- 
 tion of his characteristic policy must be looked for in his choice of 
 advisers." " There must have been in Henry himself some gift that 
 called forth or detected the ability of his servants." 
 
 "Henry landed in England on the 8th of December." — "After 
 receiving the fealty of the chief barons at Winchester," he "hastened 
 to London, where he was elected and crewned on the 19th of Decem- 
 ber, and issued a charter of liberties as brief and comprehensive as 
 that of Stephen had been. He grants and confirms all the gifts, 
 liberties and customs that his grandfather had granted, promises the' 
 ■abolition of all evil customs that he had abolished, and enjoins that 
 the church, his earls, barons and all his men, shall have and hold, 
 freely and quietly, well, in peace and wholly, of him and his heirs, to 
 them and their heirs, all thte liberties and free customs that King 
 Henry I had granted and secured by his charter. The reference 
 to the charter of Henry is as marked as the omission of all mention 
 of Stephen." ' 
 
 " On Christmas day the king held his court at Bermondsey,* and 
 having debated with the barons on the measures necessary to the 
 state of the kingdom, directed the expulsion of the mercenaries and 
 the demblition of the adulterine castles."^ — "The official dignity of 
 the court was replaced on its old footing."' 
 
 -2. Of Theobald^ archbi,ishop of Canterbury. He recommended 
 Thomas Becket; and Becket was appointed chancellor. His 
 qualifications for the office ; and performance of its duties. 
 
 Theobald, archbishop of Canterbury, who suffered banishment 
 in Matilda's cause, and negotiated the treaty between Stephen aiid 
 Henry, was at the helm of state in the peaceful interregnum between 
 
 ^Although his parents were ill matched, Stubbs's Select Charters, pp. 128, 129. 
 
 yet some part of his education is put- to Specimens of Charters for boroughs are in 
 
 his mother's credit. "In spite of her Id., p. 157 to 160. 
 
 imperious behaviour and her want of *In Surrey county. Bermondsey is 
 
 self-controul, Matilda was a woman of about two miles from Wesminster abbey, 
 
 ■considerable ability; in her old age- she and one mile from the Bank of England; 
 
 was a safe and sagacious counsellor." it stretches along the banks of the Thames 
 
 Id., pp. 447, 448. from Southwark to Deptford and Rother- 
 
 *In 5 Freem. Norm. Conquest, p. 221, hoithe. 
 
 edi. 1876, it is stated that Henry "was ^l Stubbs's Const. Hist.,cb. I2,p.450i 
 
 anointed King at Westminster, December "William of Ypres consequently de- 
 
 20,1154." The language of the text is parted with his Fleming soldiers; and 
 
 ■according to i Stubbs's Const. Hist., ch. the demolition of the fortified houses was 
 
 12, pp. ^49, 450. The charter is in I speedily begun." Ibid. 
 
 Statutes of the Realm, p. 4 of edi. l8lo; 'Id., p. 450. 
 
186 In Reign of Henry II 
 
 Stephen's death and Henry's accession, and retained the first place in 
 the king's council, until age and infirmity admonished him to retire. * 
 Theobald recommended to Henry, his arch-deacon, Thomas Becket.' 
 Becket " was endowed with many brilliant and serviceable gifts. He 
 was an able man of business, versatile, politic," and liberal; "well 
 skilled in the laws of England, and not deficient in the accomplish- 
 ments of either clerk or knight."'" He was appointed chancellor, 
 and made preceptor of the young prince." Writing of his chancel- 
 lorship. Lord Campbell says: "All the functions of the office he is 
 allowed to have fulfilled most satisfactorily; and the measures which 
 he recommended as minister were just and prudent." " 
 
 " We know that Becket sat as a member of the supreme court, or. 
 Aula Regis ; that he sealed all the king's grants with the Great Seal; 
 that he had the care of the royal chapel ; and that he acted as secre- 
 tary to the king in domestic affairs and in all foreign negotiations."" 
 " As the king's chancellor, he not only became the most trusted coun- 
 sellor of his sovereign, but his vigorous administration of his office, 
 marks one of the stages in the growth of the dignity of that office." 
 Dr. Freeman remarks, that " Thomas, at the side of the second Henry, 
 
 8 2 Lingard's Engl., ch. 5, p. 197; i Paul's; was collated to the provost-ship 
 
 Stubbs's Const. Hist., ch. 12, pp. 449, of Beverley; and on the elevation of 
 
 450. In a note on p. 450 Mr. Stubbs Roger de Pont L'Eveque to the see of 
 
 refers to Gervase, c. 1377, for the state- York, succeeded him in the arch-dea- 
 
 ment that " Thomas was made chancel- conry of Canterbury. Becket became 
 
 lor at the accession." the confidential adviser of the primate; 
 
 'Gilbert Becket filled the office of and as his representative twice visited the 
 
 sheriff or portgrave of London. His papal court. 2 Biogr. Britan., pp. 100, 
 
 son Thomas, born in that city in 1 1 18 101; 2 Lingard's Engl., ch. S. PP- 197. 
 
 or 1119, was in childhood under the 198; I Turner's Engl., ch. 8 p. 224, and 
 
 care of the canons of Merton, and p. 243; I Mackintosh's Engl., pp. 133, 
 
 afterwards continued his studies in the 134, of Phila. edi., 1830; Foss's Biogr. 
 
 schools of the Metropolis, of Oxford and Jurid.; Green's Hist, of Engl. Peop., 
 
 of Paris. When his father died he was book 2, ch. 2, pp. 158, 159, of vol. I. 
 
 admitted into Theobald's family, and ^° I Stubbs's Const. Hist., ch. 12, pp. 
 
 with his permission left England to im- 460,461. 
 
 prove himself in the knowledge of the 11 2 Biogr. Britan., p. loi of edi. 
 
 civil and canon law. He attended the 1780; 2 Lingard's Engl., ch. 5, p. 198; 
 
 lectures of Gratian at Bologna (men- Green's Hist, of Engl. Peop., book 2, 
 
 tioned in ch. 10, \ 4, p. 172), and of an- ch. 3, p. 163 of vol. i. 
 
 other celebrated professor at Auxerre. '^ I Lives of Chancellors, p. 97, of 2d 
 
 After his return he obtained preferment edi., p. 96 of Boston edi., 1874. 
 
 in the churches of Lincoln and St. '^Id., p. 66. 
 
1 154 TO 1 189. 
 
 18T 
 
 seemed to hold the same place which Roger of Salisbury had held at 
 the side of the first."" 
 
 J. Of the justiciars Robert de Beaumont, earl of Leicester, and 
 Richard de Luci. Provision for provincial as well as for 
 central judicature. Whether in 1156 the chancellor was with 
 the king on the continent ; or remained in England acting as- 
 judge. 
 
 It is a question whether the person first raised (in this reign) to the 
 office of chief justiciary was Robert de Beaumont^^ earl of Leicester. 
 Mr. Foss states that " on Stephen's death, the earl was among the prin- 
 cipal counsellors of his successor; and being as eminent for the quali- 
 fications of his mind and his knowledge of the law as he had shewn 
 himself in state policy and civil affairs, he was immediately raised by 
 Henry to the office of chief justiciary or president of the exchequer,, 
 which he retained during his life." But on another page, Mr. Foss,. 
 in speaking of Richard de Luci^^ S3.ys: "Under Henry H there is 
 
 "5 Freem. Norm. Conq., ch. 26, p. 
 441 of edi. 1876. 
 
 ^ He succeeded, as the elder of two 
 twin sons, his father of the same name, 
 who, as earl of Mellent, in Normandy, 
 was one of the principal ministers of 
 Henry I, and acquired the reputation of 
 being the first statesman in Europe. He 
 was allied to the Conqueror's family, and 
 accompanying him as a young man in his 
 expedition to England, distinguished 
 himself by making the first onset in the 
 battle of Hastings, and was rewarded 
 with the grant of above ninety lordships 
 in the counties of Warwick, Leicester, 
 Wilts, Northampton and Gloucester. 
 Henry I created him earl of Leicester; 
 and on his death, in 11 18, the lands in 
 England, with the earldom, devolved on 
 this Robert, who was surnamed Bossu. 
 He supported king Stephen in the early 
 part of his reign, and obtained a grant of 
 the castle, town and county of Hereford, 
 but on the arrival of Henry, duke of 
 Ndrmandy, declared for and assisted 
 
 him. He was a witness to the agree- 
 ment, which terminated the warfare be- 
 tween him and Stephen. Biogr. Jurid.. 
 "His ancestors held lands in Kent, 
 Norfolk and Suffolk, for which they per- 
 formed the service of castle-guard at 
 Dover. Henry I granted to him the 
 lordship of Disce, now Diss, in Norfolk.. 
 Under King Stephen he was entrusted 
 with the government of Falaise, in Nor- 
 mandy, which he defended against the 
 attacks of Geoffrey, earl of Anjou, the 
 husband of Matilda. In the contest be- 
 tween her and King Stephen he supported 
 the latter; and so high did he stand in 
 the estimation of the contending parties,, 
 that on the agreement between Stephen 
 and Henry, in 1153, the Tower of Lon- 
 don and the castle of Windsor were both, 
 put into his hands by the desire of the 
 whole clergy; he swearing to deliver 
 them up to Henry on the death of 
 Stephen, and giving his son as a hostage 
 for his performance of the trust. Madox 
 (i, 33,) quotes a writ which Mr. Foss re- 
 
188 In Reign of HeNry II 
 
 ^uU evidence that he was placed in the high office of chief justiciafy, 
 though some doubt exists as to the precise period of his appoint- 
 ment. At a very early period Robert de Beaumont, earl of Leicester, 
 and he, held the office jointly, and their separate precepts occurring 
 on the rolls of the 2d, 3d and 4th years of the reign, show that each 
 had high power."" As the charter of liberties first mentioned (in 
 this chapter) is attested by Richard de Lucy, Mr. Stubbs supposes 
 that "he was then probably in the office of justiciar." '* 
 
 William of Newburgh mentions among the king's very first acts 
 the careful provision made for provincial as well as for central judi- 
 cature." It is quite certain that circuits for fiscal and judicial pur- 
 poses continued under Henry 11.^° In the year 1156 Henry was on 
 the continent, and Mr. Stubbs says (what perhaps is doubtful) ^^ that 
 he was accompanied by Becket, who had already become his most 
 intimate friend and most influential adviser; England was left under 
 the management of the justiciars. After mentioning that the year 
 "furnishes us with the first of an unbroken series of Exchequer 
 Rolls;" and that "the Pipe roll of the second year of Henry II 
 exhibits the accounts for the year ending at Michaelmas, 1156,"^'' Mr. 
 Stubbs makes the following statement: 
 
 "A general visitation of the country had not been yet attempted, 
 
 gards as proving that Richard dc Lucy the reign, when the earl of Leicester 
 
 was in the reign of Stephen "a justi- died." Id. 
 
 cier, a term which, in those days, was ^* I Stubbs'sConst. Hist.,ch. I2,p.450. 
 
 almost synonimous with that of baron ; as i' I Stubbs's Const. Hist., ch. 12, p. 
 
 when the king covenanted with Milo of -459; citing W. Newb. ii, c. i. 
 
 ■Gloucester ^ sicut jusHciario et barone "^yix. Stubbs mentions, early in this 
 
 meo.^ In this instance," Mr. Foss ob- reign, "the appointment of justices who 
 
 serves " the word is used as a mere desig- visited the forests at the time that the 
 
 nation, and the writ is addfessed to him justices itinerant ' went the counties' or 
 
 not as justicier or baron, but simply as 'circuits.' Select Charters, p. 149; I 
 
 sheriff of Essex, to lands in which county Stubbs's Const. Hist., ch. 13, p. 604. 
 
 it has reference." Biogr. Jurid. ^' It may be that Becket was not in 
 
 "Mr. Foss adds, "He accompanied France with Henry in 1156; he was no 
 
 the king, in 1 161, into Normandy; the doubt there with him in a subsequent 
 
 earl of Leicester being left in England to year, 
 
 direct the government. They appear to ^^Id., ch. 12, p. 454. 
 have acted together till the 13th year of 
 
II54 TO 1189. 
 
 18» 
 
 but the constable Henry of Essex/' had heard pleas in eight of the 
 southern counties, in two of them, Essex and Kent, in. company with 
 the chancellor, who, for the first time, appears in the character of 
 a judge!' " 
 
 4. Of Nicholas de Sigillo as Clericus or Magister Scriptorii. Also 
 of the King's Chamberlains. 
 
 Under Henry II the official position of Nicholas de Sigillo was 
 like that held under Henry I by Robert de Sigillo, afterwards bishop 
 of London; as to which see ch. 8, § 4, p. 155. In 19 H. II, 1173^ 
 'Nicholas de Sigillo et Ricardus Thesaurarius ' sat the assize on 
 the king's demesnes in Oxfordshire; and as his name is placed 
 before the king's treasurer, it is presumed he held a high rank. In 
 the roll of 1174, there appear assizes set by Nicholas, the arch- 
 deacon, 'et socios suos,' in Buckinghamshire and Bedfordshire.^ 
 
 Each of the king's chamberlains had a seal. In the king's court 
 (sitting as barons or justices) were several chamberlains ; ^° the head 
 
 '^ Henry de Essex, whose grandfather 
 Swene, at the time of the general survey, 
 was lord of Rachley, in Essex, and of no 
 less than 54 other lordships in that 
 county, besides others in Suffolk and 
 Huntingdonshire, was the inheritor of 
 this property after the death of Robert, 
 his father. He was in great favour with 
 Henry II, and held the high office of 
 constable. His pleas as a justice itine- 
 rant, in many counties, are recorded in 
 the rolls of that king from 1156 to 1158. 
 (Pipe Rolls 31, 78, &c.) He was like- 
 wise sheriff or fermer of the counties of 
 Bedford and Buckingham. Foss's Biogr, 
 Jurid. 
 
 "i Stubbs's Const. Hist., ch. 12, p. 
 454. Mr. Stubbs says : " We learn from 
 the lives of St. Thomas that the chancel- 
 lor himself was constantly employed in 
 hearing causes." Id. , p. 459; citing 
 Roger of Pojitigny, Vita St. Thom. (ed. 
 Giles) i, 102. See also'i Stubbs, ch. xiii, 
 
 PP- 598, 599- 
 ^Mr. Foss considers that "they are 
 
 clearly assizes made of a former year, as 
 the new assize for that year is made by 
 other justices." Observing that • Le^ 
 Neve says that Nicholas de Sigillo was 
 arch-deacon of Huntingdon as early as 
 1155,' Mr. Foss adds : " It appears, there- 
 fore, by the first of these entries that it 
 was not always the custom to designate 
 the clerical dignity." Id. 
 ' 2* William Malduit (Maledoctus) who 
 succeeded to the office of chamberlain on 
 the death of his elder brother, Robert,, 
 about 31 Hen. I, is mentioned in two \xl- 
 stances (ii and 30 Hen. II, 1165 and 
 1184) as acting judicially; being present 
 among those sitting in the Exchequer, 
 whose charters or agreements relative to 
 land were executed or acknowledged 
 there. He held the sheriffalty of Rut- 
 land from 26 Hen. II, till the end of the 
 reign ; . and his name is recorded as 
 chamberlain up to 7 Ric. I (1195), soon 
 after which he probably died. Foss's 
 Biogr. Jurid. 
 
190 In Reign of Henry II 
 
 of whom was one who was called Magistra Cameraria, and was 
 an hereditary judge. The chamberlains sometimes acted as justices 
 itinerant." This appears also as to other officers.^ 
 
 J-. Of the king's return in 1137 ; and his employment in 'legal busi- 
 ness.' Of his subsequent return to France, accompanied by the 
 chancellor. From 1158 to ii6j England was administered by 
 the justices. On the death of Archbishop Theobald the king 
 resolved to advance Becket ; in 1 162 he was elected and conse- 
 crated archbishop ; and resigned the chancellorship. Of his zeal 
 in his new position. 
 
 "Henry returned to England on the 7th of April, 1 157, and imme- 
 diately " was "full of work," part of which was 'legal business.' 
 " This year is not marked as one of great judicial activity." ^ In 
 August, 1 158, the king again went to France. In 1159, when he 
 undertook the subjugation of Toulouse, he was accompanied by 
 Chancellor Becket and the whole court. Henry was at a distance 
 from England until January, 1163. "During this long period" (1158 
 to 1 163) "the country was administered by the justices; the queen' 
 or the young Henry, occasionally presiding in the court or at the 
 •councils." '" 
 
 '"Henry Fitz-Gerold, as one of the levied in 1182-1189, i° ^^ latter of 
 
 king's chamberlains, had a seat in the which years he is styled dapifer regis ; 
 
 "Curia Regis, and is one of the three jus- an office supposed to be the same as 
 
 ■Hcice regis'' directing an exchange of seneschal or steward, and of which there 
 
 lands at Canterbury between the king and may have been several at one time, per- 
 
 one Atheliza. In 16 and 17 Hen. II haps holding different grades, with one 
 
 (1170-1) he was a justice itinerant in above them all. William Fitz-Aldelm[cx 
 
 Kent. Id. Richard Rufus (or Ruffus) Aldelin) who, in 1 1 Hen. II, is called 
 
 was one of the chamberlains in 14 Hen. one of the king's marshals, was, in 1 177, 
 
 II, and held the office till his death, and probably before, one of the dapifers. 
 
 about 5 John. Id. Id. 
 
 "^Winter, called 'the chaplain,' no 29 j gtubbs's Const. Hist., ch. 12, p. 
 
 doubt as filling that place in the king's 454,455. At St. Edmunds, he " wore his 
 
 court, appears as a justice itinerant in crown on Whitsunday, and held a great 
 
 1 173, when he and three others assessed court"— At Northampton on the 19th of 
 
 "the- tallage on the king's demesnes in July; ha.v'm%" done some legal business,'" 
 
 Essex and Hertfordshire. Id. he proceeded into the west. Id., p. 455. 
 
 William Rufus {ox Ruffus) ^tiizA. z& ^o Id., pp. 456, 457, 458. "The rolls of 
 
 a justice itinerant Irom 19 to 26 Hen. II account shew that the business of justice 
 
 1(1173-1180), and was one of the justi- and taxation went on without difficul- 
 
 -ciars present before whom fines were ties.'' Id. 
 
1 154 TO 1 189. 191 
 
 In the " campaign with King Henry, in his expedition into Toulouse, 
 A. D. 1 159," Becket had "in his own pay twelve hundred horse, 
 besides a retinue of seven hundred knights or gentlemen ; " he was 
 "forward in action, and commanding at the sieges of several strong 
 places. In 11 60 he was sent by the king to Paris, to treat of a 
 marriage between Prince Henry, then but seven years old, and the 
 Princess Margaret, the king of France's daughter, no more than 
 three ; in which negotiation Becket succeeded, , and returned with 
 the young princess to England. He had not been chancellor much 
 above four years, when Archbishop Theobald died. The king, who 
 was then in Normandy, presendy cast his eyes upon the chancellor, 
 and resolving to advance him to the see of Canterbury, sent over his 
 agents to England." " 
 
 In adopting this resolution the king may have made a great mis- 
 take;'' but the resolution was carried out. In 1162, in May, Becket 
 was, in the presence of the justiciar, elected by the bishops of the 
 province to the see of Canterbury ; he was consecrated June 3 ; and 
 before the close of the year he resigned the chancellorship." 
 
 Now the primate and ex-chancellor " became the champion of the 
 clergy, the agent or patron of the pope, whom he probably had per- 
 suaded Henry to recognize; the asserter of the rights of his church 
 and of his own constitutional position as first independent adviser of 
 the crown." '* 
 
 6. What was done or left undone as to the chancellorship after 
 Beckefs resignation of it. 
 
 Although Becket had in 1162 resigned the office of chancellor, yet 
 it remained unfilled during his life, John of Oxford acting as proto- 
 
 '^2 Biogr. Britan, p. loi of edi. 1780, the king continued to entrust Becket; the 
 
 Archbishop Theobald died in April 1161. Prince remained with Becket till the fol- 
 
 Foss's Biogr. Jurid. . lowing year, when he proceeded to the 
 
 ^'^ Id. ; 5 Freem. Norm. Conq., ch. 26, council of Tours. Id. 
 
 p. 442 of edi. 1876. Freeman says of '*i Stubbs's Const. Hist., ch. 12, p. 
 
 Thomas, " He was a man who strove to 461. "With the example of Anselm 
 
 carry out to the utmost the highest ideal before his eyes, he would be as Anselm ; 
 
 of any position in which he found him- once an Archbishop, he would do what- 
 
 self' Ibid. ever a saintly Archbishop ought to do. 
 
 " I Stubbs's Const. Hist., ch. 12, p. No two men could be more unlike in 
 458; 2 Lingard's Engl., ch. 5, p. 205; their nature than Anselm and Thomas, 
 Foss's Biogr. Jurid. Yet with the edu- and the position of the two was, in every 
 cation of Prince Henry, who had for respect, unlike. An artificial and con- 
 several years been under Becket's care, scious striving after saintship was some- 
 
192 
 
 In Reign of Henry II 
 
 notary, vice-chancellor, or keeper of the seal.'^ After Becket's 
 death, it does not appear who, if any one, was appointed to the office 
 before Ralph de Warneville!" He held the seals till the appointment 
 of Geoffrey Plantagenet^'' who is said to have acted in the office,, 
 notwithstanding his youth, with extraordinary equity and discretion.'* 
 
 7. Of the king's return in ii6j ; and his application to business. 
 As to the action of the curia regis. 
 
 After five years' absence, the king- returned to England in January, 
 1 163, and applied himself to public business even more zealously 
 than before. The curia regis appears now (as it was under Henry I), 
 a tribunal of exceptional resort to which appeals, although increasing 
 in number, were still comparatively rare, and the action of which is 
 scarcely distinguishable from that of the national council. The king 
 himself took a leading part in the business, much of which was done- 
 
 thing very unlike the natural and inevit- 
 able saintship of Anselm. The career of 
 Thomas was forced and unnatural ; every 
 act was overdone, and almost theatrical; 
 but no man can doubt that he did through- 
 out what he deemed to be his duty; in 
 truth he did as a man of his temper put 
 in his place could hardly fail to do." 
 5 Freem. Norm. Conquest, p. 443, 
 
 85 1 Stubbs's Const. Hist., oh. 12, p. 
 468; also ch. II, p. 352. Mr. Foss ob- 
 serves that " John is inserted as a chan- 
 cellor under Henry II by Philpot and 
 Spelman, and their followers, Hardy and 
 Lord Campbell, but without sufficient 
 authority." Biogr. Jurid. Lord Camp- 
 bell's language as to the chancellorship 
 in this interval, begins thus : " We find 
 the names of several who are said to have 
 held it. First, 'Joanes Cancellarius' 
 occurs; but of this John we know not 
 the surname, nor what other dignity he 
 ever attained." i Lives of the Chan- 
 cellors, ch. 4, p. loi of 2d edi. (1846); 
 p. 100 of Boston edi. 1874. 
 
 5" Sacrist, of Rouen and Treasurer of 
 York. Biogr. Jurid. Mr. Stubbs men- 
 
 tions that he lived in Normandy, and 
 discharged his duties by means of a vice- 
 chancellor, Walter of Coutances. i 
 Const. Hist., ch. 12, p. 482. 
 
 8' The younger of the two sons of 
 Henryll by Fair Rosamond, one of the 
 daughters of Walter de Clifford, a baron of 
 Herefordshire. GeoflFrey, who had been 
 arch-deacon of Lincoln, was elected to 
 the bishopric in 1173; and in 11 74 aided 
 his father against that father's legitimate- 
 sons, for which the king greatly com- 
 mended him. In iiSl, when the pope 
 insisted that unless he should take priest's 
 orders and be consecrated he should re- 
 sign his bishopric, he, in his letter of 
 resignation, calls himself chancellor, to 
 which office the king had previously ap- 
 pointed him. This office he continued 
 to hold during the remainder of hii 
 father's reign. Foss's Biog. Jurid. 
 
 '8 The affisction of his father, who had 
 sent him to Tours, to attend the schools 
 there, appears in charters and in his will^ 
 wherein he is called ' my son and chan- 
 cellor.' Id. 
 
1 1 54 TO 1 189. 
 
 193 
 
 in his presence.'^ There also appears a show of judicial activity 
 among the subordinate members of the household, the court and the 
 •exchequer.*" 
 
 -5. Of the contest between the king and Becket ; 'the Constitutions 
 of Clarendon ' in 1164 ; the council at Northampton in October 
 of that year; Becket' s going to France; and his struggle there 
 for six years. 
 
 It was at Woodstock, in July 1163, that the king's first great 
 trouble, the quarrel with Becket, began." Mr. Stubbs speaks of the 
 first dispute as one of which the account given by contemporary 
 -writers is obscure.*^ The action of a justice itinerant at Bedford in 
 this year (1163)*' is particularly mentioned by Dr. Lingard,** and 
 seems connected with what occurred a few months afterwards in the 
 ■council of Westminster.** 
 
 ^ I Stubbs's Const. Hist., ch. 12, p. 460; 
 and ch. 13, pp. 598, 599. Early in March 
 he is found in council hearing the weari- 
 some cause of Richard de Anesty, at 
 London; at the end of the month, at 
 Windsor, he presided at the trial in 
 which Henry of Essex, the constable, 
 was appealed for treason by Robert de 
 Montfort, and having been defeated in 
 trial by battle, forfeited his great inherit- 
 ance. After a hurried expedition into 
 "Wales, he was on the 1st of July at 
 Woodstock, where the king of Scots and 
 the princes and lords of Wales did 
 ■homage to the heir. Id., p. 460. 
 
 *»Id., ch. 13, p. 598. In 9 Hen. II, 
 William Fitz-John held pleas in the 
 ■county of Hereford. Foss's Biogr. Jurid. 
 
 " I Turner's Engl., ch. 8, p. 245 ; i 
 Stubbs's Const. Hist., ch. 12, pp. 460, 
 466; citing R. Diceto, c. 536. 
 
 *^ I Stubbs, ch. 12, p. 462; citing Grim. 
 Vita St. Thorn, i, 21, 22 ; Roger of Pon- 
 tigny I, 113; Gamier, p. 65; and Will. 
 Cantuar. II, 85. 
 
 * The judge was Simon Fitz-Peter, i 
 Stubbs's Const. Hist., ch. 13, p. 604, . 
 
 13 
 
 note I. Mr. Foss, after mentioning that 
 he acted for four years, commencing 2 
 Hen. II, as deputy to Henry de Essex, 
 sheriff of the counties of Buckingham 
 and Bedford, says " it was probably at 
 a later period that he was a justice 
 itinerant in the latter county, when his 
 name is mentioned in connection with 
 the case of a certain canon of Bedford, 
 named Philip de Brois, who having been 
 convicted of manslaughter before his 
 bishop, was merely condemned to make 
 pecuniary compensation to the relatives 
 of the deceased. In the open court at 
 Dunstable, the judge, alluding to the 
 case, called him a murderer; whereupon 
 a. violent altercation ensued, and the 
 priest's irritation drawing from him ex- 
 pressions of insult and contempt, the 
 king ordered him to be indicted for this 
 new offence." Biogr. Jurid. 
 
 "2 Lingard's Engl., ch. S, p. 213 et 
 seq. 
 
 *5 I State Tr., 8 to 1 1 ; i Mackintosh's 
 Engl., pp. 135, 136 of Phila. edi. 1830; 
 I Stubbs's Const. Hist.,ch. 12, p. 463. 
 
194 In Reign of Henry II 
 
 " Ever since the Conqueror had divided the temporal and spiritual 
 courts of justice, the trea,tment of criminal clerks had been a matter 
 of difficulty; the lay tribunals were prevented by the ecclesiastical 
 from enforcing justice, and the ecclesiastical ones were able only to 
 inflict spiritual penalties. The reasonable compromise which had 
 been propounded by the Conqueror himself, in the injunction that 
 the lay officials should enforce the judgments of the bishops, had 
 been rendered inefficacious by the jealousies of the two estates; and 
 the result was that in many cases grossly criminal acts of clerks 
 escaped unpunished and gross criminals eluded the penalty of their 
 crimes by declaring themselves clerks."*^ 
 
 Mr. Turner states that "a clergyman in Worcester had debauched 
 the daughter of a respectable man, and for her sake had murdered 
 the father;" and the king demanded that he should be brought 
 before his tribunal to answer for the horrible act." *' 
 
 According to Mr. Stubbs, the king proposed "that clerical crimi- 
 nals should be tried^ in the ordinary courts of the country; if they 
 were convicted or confessed, they should be degraded by the bishops 
 and delivered over to the executioners for condign punishment. 
 Becket resisted;" in his view "it was sufficient that the criminal should 
 be degraded; if he offended again, he offended as a layman, and the 
 king might take him ; but the first punishment was sufficient for the 
 first offence." ** The king further complaining of the exactions of the 
 ecclesiastical courts, "proposed to the assembled bishops that they 
 should promise to abide by the customs which regulated those courts 
 and rights of the clergy generally, as they had been allowed in the 
 days of his grandfather." All of them save one (Hilary, bishop of 
 Winchester,) in answering that they were willing to do so, added (at 
 Becket's suggestion) the words 'saving their order;' on hearing 
 which reservation, the king left the assembly in anger." ^^ 
 
 The king called together at Clarendon, in January, 1164, the whole 
 
 « I Stubbs'sConst. Hist., ch. I2,p. 463. *» i Stubbs's Const. Hist, ch. 12, pp. 
 
 *' I Turner's Engl., ch. 8, p. 246. 463, 464. 
 
 The clergyman alluded to by Mr. Tur- *' And deprived the archbishop of the 
 
 ner may perhaps have been Philip de custody of the castles of Eyre and Berk- 
 
 Brois,^\ioxa Simon Fitz- Peter csXleA a hampstead. Id., p. 464; Foss's Biogr.. 
 
 murderer, as mentioned in note 43. Jurid. 
 
1154 TO 1 189. 1&5 
 
 body of the bishops and barons.^"^ Proceedings of this assembly are 
 mentioned by Lord Coke" and others.'^ 
 
 "The archbishop was bidden to accept the customs in use under 
 Henry I; and again he declined doing anything unconditionally. 
 Then the king ordered that they should be reduced to writing, hav- 
 ing been first ascertained by recognition. They, according to the 
 formal record, were the archbishops, bishops, earls, barons and most 
 noble and ancient men of the kingdom ; according to the archbishop, 
 Richard de Lucy, the justiciar,- and Jocelin de Bailleul, a French 
 lawyer, of whom little is known, were the real authors of the docu- 
 ment, which was the. result of the enquiry, and has become famous 
 under the name of the 'Constitutions of Clarendon.'""' 
 
 These constitutions are sixteen in number, and purport to be a 
 codification of the usages of Henry I, on the disputed points."" 
 
 " The existence of the curia regis, as a tribunal of regular resort, 
 the right of the bishops to sit with the other barons in the curia until 
 a question of blood occurs, the use of juries of twelve men of the 
 vicinity, for criminal causes and for recognition of claims to land, all 
 these are stated in such a way as to show that the jurisprudence of 
 which they were a part was known to the country at large. Accord- 
 ingly, the institution of the Great Assize — the edict by which the 
 king empowered the litigant who wished to avoid the trial by battle, 
 to obtain a recognition of his right by inquest of jury — must be 
 supposed to have been issued at an earlier period of the reign ; and 
 the use of the jury of accusation, which is mentioned in the laws 
 of Ethelred, but only -indistinctly traceable later, must have been 
 revived before the year 1164.""* 
 
 So regarding them, Mr. Stubbs considers these constitutions 'as 
 " really a part of a great scheme of administrative reform by which 
 the debatable ground between the spiritual and temporal powers 
 
 *" I Stubbs's Const. Hist., ch. 12, p. 464. ferring that whether or no these cus- 
 
 *i Preface to 6 Rep., pp. xii and xiii. toms are rightly described as belonging 
 
 ^* I Mackintosh's Engl., p. 136 to 139 to the reign of Henry I, there is the 
 
 of Phila. edi. 1830; Stubbs's Select Char- utmost probability that they had been 
 
 ters, p. I2g to 134 of edi. 1870; i Stubbs's recognized as part of the ordinary course 
 
 Const. Hist., ch.'i2, p. 464 to 466. of law since the beginning of the reign 
 
 ^ \ Stubbs's Const. Hist., ch. 1 2, p. 464. of Henry II, although not in the com- 
 
 **Id., p. 464. Mr. Stubbs says : " The plete form given in his later acts." Id., 
 
 references made" in these constitutions p. 459. 
 
 " to the system of recognitions and juries ^ i Stubbs's Const. Hist., ch. 12, p. 465. 
 
 of presentment, seem to justify us in in- 
 
196 In Reign of Henry II 
 
 can be brought within the reach of common justice, and the law- 
 lessness arising from professional jealousies abolished." ^ 
 
 Of the king's proceedings against Becket before and in the council 
 at Northampton in October, 1164, there is a narrative in i Brady's His- 
 tory of England, 383, from which is taken the account in i Howell's 
 St. Tr., p. 2 to 12. There it appears that John Marshall (or the 
 Marshall) having in the archbishop's court a suit wherein was 
 demanded a manor or farm, came with the king's writ into that 
 court to remove the suit;' and to prove the defect of the archbishop's 
 court (drew from under his coat and) " swore upon a Tropag, or book 
 of old songs," instead of swearing upon the Gospels. Afterwards 
 John procured the king's writ requiring the archbishop to answer 
 him in the king's court. The archbishop sent to the king knights 
 to make his excuse, that his not appearing in person was because of 
 sickness, and also sent letters as to the book on which John had 
 sworn. At another day, after a new writ to cite the archbishop, he 
 was accused of treason, on no other or better ground than that "he 
 "was cited by the king in the cause of John and neither came nor 
 made a sufficient excuse ; '' for this the court " condemned him to be 
 in the king's mercy for all his movable goods." " 
 
 Afterwards the archbishop was prosecuted on the same day for a 
 sum of ;^300, and on the third day for other sums; and also the 
 profits of the archbishopric and other bishoprics and abbeys that 
 were void during his chancellorship.^^ The archbishop " declined the 
 suit, because he was not cited to yield an account upon any other 
 cause than that of John ; neither was he bound to make answer or 
 
 ^ Id., pp. 465, 466. macy, they ought not to have condemned 
 
 " The bishops, in a subsequent con- him in such a pecuniary mulct as that he 
 
 ference, " told the king that the arch- should forfeit all his movable goods to 
 
 bishop, when he advised with them, told the king, or they should be in his mercy, 
 
 them they had used him very ill, and, The bishops also knew that he had ap- 
 
 with the barons, treated him as an enemy, pealed to the pope against this sentence, 
 
 and not judged him justly, but after an and, by the authority of the pope, for- 
 
 tinheard of manner, because for one ab- bidden them for the future to judge him 
 
 %&nQ.i {fro una absentia, quamsupersisam in any secular accusation.'' I St. Tr. 5. 
 dicunt), which they call a delay or de- ^Id., pp. 4, 5; 1 Turner's Engl., ch. 8, 
 
 fault, and was not to be judged a contu- p. 254. 
 
1 154 TO 1 189. 197 
 
 hear judgment in any other. '^^' He went his way, and after being- 
 amongst friends in seVeral monasteries, embarked, on board a ship 
 at Graveling."" Getting to France, he there conducted a struggle for 
 six years." 
 
 9. Of justices in 1164 and 1165 ; the assize of Clarendon in 11 66; 
 the growing work of the curia regis ; the assise carried out 
 in 1166-J. Of the survey in Ti6y ; and the circuits in 1168, 
 ii6g and aftetwards. Among the barons and justices were 
 William, Basset and Thomas Basset. 
 
 Guy Rufus was one of the justices sitting in the Exchequer in 11 
 Hen. II; and from 14 to 23 Hen. II, was actively employed as a 
 justice itinerant, his pleas being recorded in at least sixteen coun- 
 ties."^ Simon Fitz-Peter (mentioned on p.. 193) is the first of four 
 'assidentes justicice regis! before whom a contract was executed at 
 the Exchequer in 11 Hen. II (1165).*' Nigel, bishop of Ely, who at 
 an earlier period is styled 'Baro de Scaccario' is the first of 
 assidentibus justiciis regis before whom a contract between the abbots 
 of St. Alban's and Westminster was executed in the same year.** 
 
 In 1 166 the provincial administration of justice is remodelled by 
 the assize of Clarendon,"" which Mr. Stubbs regards as "the most 
 important document of the nature of law, or edict, that has appeared 
 since the Conquest ; " being of the greatest interest, whether it be 
 regarded in its bearing on legal history or in its ultimate constitu- 
 tional' results."" It is arranged in twenty-two articles, which were 
 
 ™ I St. Tr., 5. of Canterbury. Others were Alan de 
 
 ™Id., pp. 7, 8. iV«M7/« (Nova- villa), Geoffrey Monachus; 
 
 ■ *' I Stubbs's Const. Hist,, ch. 12, pp. and lastly, ' Phillippo de Davencestrice' 
 
 /i,(iii, 467. During the greatest part of (Davenport), who was sheriff of Cam- 
 
 this time Henry also was absent from bridge and Huntingdon for three years, 
 
 England. Id., 467. from 13 Hen. II. Id., i Stubbs's Const. 
 
 ^^ He was consecrated bishop of Ban- Hist., p. 599. 
 gor, July I, 1 177, and does not appear to * Select Charters, p. 134 to 139; I 
 have acted afterwards in a judicial Stubbs's Const. Hist., p. 468. 
 character. He died about 1 1 90. Foss's ^\A., 469. The council in which it 
 Biogr. Jurid. was passed is described as consisting of 
 *'Id. the archbishops, bishops, abbots, earls, 
 ^The second is Geoffrey Ridel, a chap- and barons of all England ; Becket, how- 
 lain (of Hen. II), who about Christmas, ever, was absent. Id. 
 1162, succeeded Becket as arch-deacon 
 
198 In Reign of Henry II 
 
 furnished to the judges about to make a general provincial visita- 
 tion.°' In it are observed several marks of the permanence of the 
 old common law of the country. Not only is the agency of the 
 shire-moot and hundred-moot — the four best men of the township, 
 and the lord with his steward — applied to the carrying out of the 
 edict, but the very language of the ancient law touching strangers 
 and fugitive felons is repeated. It marks an epoch in the adminis- 
 tration of, at least, the criminal law.'' 
 
 Immediately after the assize of Clarendon, the king went to 
 France.'" Although the judicial work of the curia regis was now 
 growing, and soon was more than the king and his regular ministers 
 of state could dispatch,™ yet the assize of Clarendon was carried out 
 in 1 166-7, by two of the king's ministers, the justiciar and the earl 
 of Essex," with the assistance of the sheriffs, who, acting under royal 
 writ, as administrators of the new law, still engrossed the tide of 
 ' justitise errantes.' " 
 
 In 1 167 there was an itinerant survey of the forests;" and in 1168 
 a thorough circuit of the shires; four barons of the Exchequer 
 
 "' Id., pp. 469, 470. '» Id., 599. 
 
 ^Id., 470 and 599. Inquest is to be "Id., p. 470. They were sent to hear 
 
 held, and juries of twelve men of the criminal and common pleas throughout 
 
 hundred, and four of the township, are England. In eighteen counties assizes 
 
 to present all persons accused of felony were held by the justiciar (Richard de 
 
 by public report. Id., p.- 469. Mr. Luci), who was accompanied by Geoffrey 
 
 Green supposes that " in the provisions de Mandeville, the earl of Essex, in 
 
 of this assize, for the repression of crime, seventeen of that number. Id., note 4. 
 
 we find the origin of trial by jury, so They were also entrusted with an expe- 
 
 often attributed to earlier times." Green's dition against the Welsh, during which 
 
 Hist, of Engl. Peop., book 2, ch. 3, p. the earl fell sick at Chester, and died 
 
 167 of vol. I. But to treat this assize, as there October 21, 1167. Foss's Biogr. 
 
 ' the origin of trial by jury,' is inaccu- Jurid. 
 
 rate; that "the Anglo- Saxons had juries" "l Stubbs's Const. Hist., ch. 13, p. 600. 
 
 has been shewn in ch. 3, \ 6, p. 63: that, ''^ Alan de Neville (Nova-villa), nien- 
 
 before the Norman trial by battle, there tioned,a«/?, p. 197, note, held the forest 
 
 had been trial by jury, seems to be recog- of Savernac in Wiltshire, and from 
 
 nized by Mr. Green in Hist, of Engl. 12 Hen. II, for many years, filled the 
 
 Peop., book 3, ch. i, pp. 220, 221 ; there office of justice of the forests throughout 
 
 "is mention on p. 221 of ' the twenty-four all England. He died in 2 Ric. I. 
 
 jurorswho were in Leicester /;'OOT «»«>«/ Foss's Biog. Brit; I Stubbs's Const. 
 
 times.'' Hist., ch. 12, ji. 471. 
 
 «9 1 Stubbs's Const. Hist., ch. 12, p. 468. 
 
II54 TO 1189. 
 
 199 
 
 traversed the country as itinerant judges, and collectors of revenue.'* 
 The same officers acted, in 1169, with the addition of two." Accord- 
 ing to Mr. J^oss, Reginald de Warenne^^ one of tho^e four barons 
 ■was regularly employed as a justice itinerant from 14 to 23 Hen. II 
 (1168-1177), his pleas appearing in 21 counties." The pleas before 
 William Basset^^ another of the four, as a justice itinerant, are from 
 14 to 26 Hen. II (1168-1180), during which time he atted in 24 dif- 
 ferent counties. John Cumin (or Comyn)" was in 1169, and the five 
 following years, one of the itinerant justices.™ Gervase de Corn- 
 Mil"^ was one in 15, 16, 20 and 23 Hen. II (1169-1177). Each of 
 the two last named was in several counties. Hugh de Moreville and 
 Robert de Stuteville were justices itinerant for Northumberland 
 
 "Select Charters, part 4, p. 135. One 
 of the four barons was Richard of II- 
 ■chester, a man of consummate skill in 
 diplomacy as well as finance. He had 
 acted as justiciar in Normandy, and was 
 constantly employed in England as a jus- 
 tice and baron of the Exchequer. I 
 Stubbs's Const. Hist., ch. 12, p. 468. 
 The other three wfere Reginald of 
 Warenne, William Bassett, and Guy, 
 the dean of Waltham. Besides these, 
 Richard de Lury acted in Yorkshire and 
 Cumberland, Henry Fitz-Gerold'va. Kent, 
 and William Fitz-yohn in Dorset and 
 Somerset. Id., p. 471. It is stated by 
 Mr. Foss, that William Fitz-John had, in 
 9 Hen. II, heid pleas in the county 
 of Hertford; and that, in 11 68, he 
 amerced Samuel, the priest of Pilton, in 
 Somersetshire. He further states that 
 Thomas Basset (the son and heir of Gil- 
 bert, a grandson, or, as Dugdale believes, 
 a younger son of Ralph Basset) was 
 sheriff of Oxfordshire in 10 Hen. II, 
 and, in 14 Hen. II, was one of the justices 
 itinerant for the counties of Essex and 
 Hertford. Biogr. Jurid. 
 
 '* John Cumin, afterwards archbishop 
 of Dublin, and Gervase, of Cornhill. I 
 Stubbs's Const, Hist., ch. iz, p. 472. 
 
 '*He was grandson of William de 
 
 Warenne, earl of Warenne and earl of 
 Surrey, and was one of the sons of the 
 second William, who succeeded to both 
 earldoms. Under Henry II he became 
 an attendant at the court ; he appears as 
 the first of the witnesses to a concord at 
 . the Exchequer, soon after Richard de 
 Luci was made sole chief ' justiciary. 
 Foss's Biogr. Jurid. 
 
 "He was also sheriff of Sussex for 
 seven years, ending 23 Hen. II. He 
 died before 31 Hen. II. Id. 
 
 ™Lord of Sapcote in Leicestershire. 
 He was a younger son of Richard Bas- 
 set; and from 9 to 16 Hen. II (1 163-1 170) 
 executed the office of the united counties 
 of Warwick and Leicester. Id. 
 
 ™He was one of the chaplains of 
 Henry. II, and employed on several im- 
 portant embassies. Id. 
 
 *' So called from the ward of that name 
 in London, where he held in 2, 3, and 7 
 Hen. II, the post of sheriff. His next 
 residence being in Surrey, he was ap- 
 pointed sheriff of that county in 10 Hen. 
 II (1164), and remained in that office, 
 with the exception of one year, until 
 1 183. In 15 Hen. II, and for the seven 
 succeeding years, he had also the office 
 of sheriff in Kent. Id. 
 
200 In Reign of Henry II 
 
 and Cumberland in i6 Hen. II (1170); and Robert de Stuteville acted 
 in the same capacity in the following year. Alan de Neville, junior ,. 
 was employed as a justice itinerant in twelve counties, from 16 to 25 
 Hen. II C1170 to 1179).°" 
 
 10. Deaths, in ii6y, 1168 and ii6g, vf some of the Kin^s oldest 
 Counsellors. The treasurer succeeded by his son, Richard Fitz- 
 Nigel (or Fitz-Neale) who continued in office for the remainder 
 of the reign, and frequently shared in the duties of a justice 
 itinerant. 
 
 During the king's absence on the continent, he lost some of his 
 oldest counsellors, the empress (his mother) and Geoffrey de Mande- 
 ville, in 1167, Earl Robert, of Leicester, in 1168, and Bishop Nigel, of 
 Ely, in 1169.'' The bishop was succeeded in the office of treasurer by 
 his son Richard Fitz-Nigel (or Fitz-Neale)^ who continued in this 
 office for the remainder of the reign, managed the revenue with care 
 and adroitness,^ and frequently shared in the duties of a justice itin- 
 erant; from the time when fines were introduced into the court — 
 namely, about 28 Hen. II — his regularity of attendance is particularly 
 observable.*^ 
 
 II. Investigation, in iiyo, of the conduct of sheriffs and 
 other officers. 
 
 The people's murmurs reached the king in Normandy. Soon 
 after his return (March 11 70) he held a great court in Easter at 
 
 *2Id. Alan de Neville, junior, seems remarkable exploits of the king, which 
 to have acted also as a justice of the he says exceed all human credibility;, 
 forest, perhaps as deputy to his father. Id. and the third of many affairs, both public 
 ^l Stubbs's Const. Hist., ch. 12, p. 468. and domestic, and also of the court and 
 ** After being educated in the monastery its judgments. (Madox ii, 345.) Foss's- 
 of Ely, he was placed in the Exchequer. Biogr. Jurid ; Green's Hist, of Engl. 
 In early youth he was the author of a Peop., book 2, ch. 3, p. 175 of vol I. 
 work called ' Tricolumnus,' from its 85 So much that, notwithstanding the 
 being arranged throughout in three continual wars in which the country was 
 columns. It was a tripartite History of involved, King Richard found on his 
 England under Henry II— the first father's deat^ no less a sum than one 
 column treating ot the transactions of the hundred thousand marks in the Ex- 
 Church of England and the rescripts of chequer. Id. 
 the apostolical see ; the second of the ^ Id. 
 
1154 'fo 1 1 89. 201 
 
 Windsor, and another immediately after at London. In this second 
 assembly, he, by an extraordinary act of authority, removed all the 
 sheriifs of the kingdom from their offices, and issued a commission 
 of enquiry into their receipts, and the receipts of other officers ;^'^ 
 directing particular enquiry into the execution of the assize of 
 Clarendon ; whether it had been justly carried out, and whether the 
 officers employed in it had taken bribes, or hush-money. Very few 
 of the sheriffs thus removed were employed again.^ 
 
 12. In iiyo reconciliation with Becket. He returned to England ; 
 but mas soon brutally murdered. Of his great firmness of 
 purpose; his capacity to make a sacrifice to a sense of duty. 
 
 In 1 170, Prince Henry was crowned, not by Thomas, of Canter- 
 bury, but by Roger, of York; nor was the prince's wife (daughter 
 of Lewis VII) crowned with him. Expressions of dissatisfaction 
 alarmed the king; he hastened into France, and on the 22d of July, 
 near Freteval, concluded an arrangement providing, among other 
 things, for restoration of the possessions of Becket and his adhe- 
 rents, his return to the exercise of his functions, and the advance of 
 money to pay his debts. Becket landed at Sandwich, December i, 
 1 170. This celebrated man may have been imprudent, but he was 
 as courageous in his last hours as he had been extraordinary in days- 
 that were past.*" The brutal murder of December 29, 1170, is 
 
 *' Select Charters, part 4, p. 140 to examination of the lists of the sheriffs, 
 
 143; 1 Stubbs's Const. Hist., ch. 12, pp. given in the thirtieth report of the- 
 
 472, 473. The barons to whom the Deputy-keeper, shews that it'was done in 
 
 commission is entrusted, are to receive very few cases, and that none of the 
 
 evidence as to the receipts of the sheriffs sheriffs now removed were employed 
 
 and their servants, of the bishops and again, except those who were members of 
 
 their temporal officers, of all special the Curia Regis, as Ranulf Glanvill and 
 
 administrators of royal demesne, of itine- William Basset." Id., p. 474, note, 
 rant officers of the Exchequer, and of all ^Foss's Biog. Jurid.; I Turner's 
 
 others who have had the opportunity of Engl., ch. 8. pp. 277, 278; i Stubbs's 
 
 touching public money. Id. Const. Hist., ch. 12, pp.474, 475. As 
 
 ** Id., pp. 473, 474. Referring to the one portion of the pope's pacification, the 
 Chronicle of Benedict as saying ' that younger Henry was now crowned with,. 
 some of the sheriffs were shortly after instead of without, his wife ; by the arch- 
 replaced,' Mr. Stubbs states that "an bishop of Rouen, instead of the arch- 
 
202 
 
 In Reign of Henry 11 
 
 thought to have been by no bidding, by no "deliberate wish of 
 Henry, but by the act of men who caught at a few hasty words 
 which the king let slip in a moment of wrath.'"" 
 
 " Thus perished in the fifty-third year of his age, the man who, of 
 all English chancellors, since the foundation of the^ monarchy, was 
 of the loftiest ambition, of the greatest firmness of purpose, and the 
 most capable of making every sacrifice to a sense of duty, or for the 
 ■acquisition of renown." " 
 
 13. Of the general body of justices from ii'jo to and after 117^; 
 including Thomas Basset, William, Basset, lord of Sapcote, ■ 
 and Ranulph de Glanville. 
 
 The general body of justices''' seems now to have embraced men 
 equally qualified to sit in the curia and exchequer, and to undertake 
 the fiscal and judicial work of the eyre.'' When one mentioned as a 
 
 bishop of York ; and at Winchester in- 
 stead of Westminster. Id., 475. But 
 Prince Henry died before his father. 2 
 Lingard's Engl., ch. 5, pp. 303, 304; I 
 Turner's Engl., ch. 8, pp. 297, 298. 
 
 ^"i Mackintosh's Engl., p. 142 of 
 Phila. edi., 1830; 5 Freem. Norm. Con- 
 quest, 445. 
 
 '1 I Lives of the Chancellors, ch. 3, p. 
 95 of 2d edi. (1846), p. 94 of Boston edi. 
 1874. "Both sides concur in ascribing 
 to him brilliant talents, great acquire- 
 ments and delightful manners." Of his 
 letters which have come down to us. 
 Lord Campbell says : "In these, although 
 we should in vain look for the classical 
 style and delicate raillery of Erasmus, we 
 find a vigour, an earnestness, and a reach 
 of thought quite unexampled in the pro- 
 ductions of the age in which he lived.'' 
 Id., p. 100 of edi. 1846; -p. 99 of edi. 
 1874. 
 
 '^ yohn Malduit held a place in the 
 Curia Regis or Exchequer in 16 Hen. II 
 (1170). In 1174 he was one of the jus- 
 tices itinerant for setting the assize in the 
 counties of Nottingham and Lincoln ; in 
 4he latter of which he is also mentioned 
 
 in the rolls of 22 and 23 Hen. II. 
 Foss's Biogr. Jurid. 
 
 Reginald de Luci was in' 19 Hen. II 
 ( H 73), and two following years, one of 
 the justices itinerant to set the assize for 
 the united counties of Nottingham and 
 Derby, being at that time governor of 
 Nottingham for the king, in the rebellion 
 of the earl of Leicester and others on 
 behalf of Henry, the king's son. He 
 died soon after the coronation of Ric. I. 
 Id. 
 
 Bertram de Verdun was in 21 Hen. 
 II, and the three following years, present 
 as a baron in the j udicial proceedings of 
 the curia regis ; and from the -aad to the 
 26th year of the reign, and, probably 
 later, he acted as a justice itinerant in 
 eight counties. Id. 
 
 ^ Thomas Basset, whose name fre- 
 quently appears from 1 175 among the 
 barons acting judicially in the curia 
 regis, was a justice itinerant for the six 
 following years in no less than fifteen 
 counties. With him William de Lam- 
 vallei was associated. 
 
 William Basset, lord of Sapcote in 
 Leicestershire, mentioned, ante, p. 199, 
 
1 154 TO 1 189. 
 
 203 
 
 justice itinerant appears to have visited no less than thirteen coun- 
 ties, the very extent of circuit is thought, by Mr. Ju?ss, sufficient of 
 itself to shew that he was a regular justiciar in the king's court, from 
 which these itinera emanated.'* 
 
 /ohn de Dover and his companions made the assize of the king's 
 •demesnes in Warwickshire and Leicestershire in 20 Hen. II (1174), 
 as the justices errant for these counties.'^ And the like was done by 
 •others in other counties.'' Those appointed to impose the talla- 
 ges on the different counties were not always selected from the mem- 
 bers or officers of the cuna regis -i^ a sheriff of a county sometimes 
 ■acted as a justice itinerant to fix the assize on the demesnes of the 
 crown in the county under his jurisdiction.'* 
 
 as a justice itinerant, was, from 1175, 
 frequently assisting in the curia regis, in 
 "which he continued to act till 1189. 
 
 Hugh de Oressi, a justice itinerant in 
 1175, and the five succeeding years, 
 appears, in 1177, among the regular jus- 
 ticiers at Westminster. 
 
 William Fiti- Ralph, sometimes written 
 Ranulph, and sometimes Randolph, who, 
 in 1774, as sheriff of Nottingham and 
 Derby, joined with one of the king's jus- 
 tices in setting the assize of those coun- 
 ties, held a high place in the king's court 
 in the next six years, and, during those 
 years, also went as a justice itinerant into 
 fourteen counties. 
 
 Bertram de Verdun, who, in 1 175, 
 and the three following years, was 
 regularly present as a baron, and acting 
 judicially in the curia regis, was from the 
 22d to the 26th year, and, probably 
 later, acting as a justice itinerant in eight 
 counties. Foss's Biogr. Diet. ; i Stubbs's 
 Const. Hist, of Engl., p. 600. 
 
 ^ Soger Fitz-Reinfrid ivas a justice 
 itinerant in 1176 (22 Hen. II), and acted 
 in that capacity, occasionally, to the end 
 of the reign — visiting in this period no 
 less than thirteen counties: there are 
 examples of pleas before him in the 
 Exchequer at Westminster, from 25 
 
 Hen. II (1179). Foss's Biogr. Jurid. ; 
 citing Madox 83, 736. 
 
 '5 Foss's Biogr. Jurid. 
 
 '^Matthew de Escuris, and Hamon 
 Morgan, were of the justices errant ap- 
 pointed to impose the assize in the county 
 of Hants; Philip Fiiz-Frniscvizs]o\\\ti 
 with others (believed to be John Cumin, 
 Turston Fitz-Simon and Walter Map) to 
 make the assize for Gloucester ; Mito de 
 Mucegios was, with Walter de Hadfield, of 
 those to set the assize in Essex and Hert- 
 fordshire; John Jukil was the last in 
 the list for Hampshire; John Malduit 
 was one of those for Nottingham and 
 Lincoln; he is also mentioned on the 
 rolls of 22 and 23 Hen. II. 
 
 " Leonard, who acted for Berkshire in 
 this year, is simply described as ' a 
 knight of Thomas Basset.^ Foss's Biogr. 
 Jurid. 
 
 *^ William de Braiosa, one of the jus- 
 tices itinerant to impose the assize on the 
 king's demesnes in Herefordshire, in 20 
 Hen. II (1174), seems to have only been 
 so appointed as sheriff of the county ; an 
 office which he held in that and the fol- 
 lowing year. His grandfather was a 
 Norman baron, of the same name, who 
 held between 50 and 60 lordships in 
 Sussex, Berks, Wilts, Surrey and Dorset. 
 
204 
 
 In Reign of Henry II 
 
 Among those who were in office at the same time as sheriffs and 
 justices,"' were Robert de Stuteville^'^ and Ranulph de Glanville}''^ 
 In 1 175 the latter appears as a justice itinerant, his pleas being 
 recorded not only in his own county of York, but in thirteen other 
 counties.""^ 
 
 Philip de Braiosa, and Berta, daughter of 
 Milo, earl of Gloucester, were parents of 
 this William, who received in 24 Hen. II 
 a grant from the king of the whole king- 
 dom of Limerick. To the instigation of 
 his wife has been attributed the murder at 
 Bergavenny, of guests treacherously in- 
 vited to a feast in that castle. Id. 
 
 Guy de Strange, who was sheriff of 
 Shropshire at two periods, acted in 20 
 Hen. II as justice itinerant for setting the 
 assize or tallage on the king's demesnes 
 there. Id. 
 
 Richard de Wilton, sheriff of Wilt- 
 shire (from 10 to 27 Hen. II), set the assize 
 as one of the justices itinerant in Devon- 
 shire, in 19 Hen. II (1173). J^" ^^ fol- 
 lowing year Hubert de Lucivizs joined to 
 him to set the assize or tallage for Wilt- 
 shire. 
 
 With Alured de Lincoln, sheriff of 
 Dorsetshire and Lincolnshire for six 
 years, commencing 16 Hen. II, Walter de 
 St. Quintin and others are mentioned as 
 justices itinerant, who, in conjunction 
 with him, fixed the assize or tallage in 
 those counties in 20 Hen. II (1174). 
 
 With Alard Banastre, sheriff of Ox- 
 fordshire, in 20 and 21 Hen. II (i 174-5), 
 Constantius de Oxford was appointed a 
 justice itinerant to assess the tallage in 
 that county for the former year. 
 
 ^ Robert Mantell was for 1 2 years, from 
 16 Hen. II (1170), sheriff of the united 
 counties of Essex and Hertford. In 1 1 73, 
 and the six following years, he acted as a 
 justice itinerant not only in those counties, 
 but also in eight others. In 1 177 he ap- 
 pears as one of the justiciers in the curia 
 regis. He was also employed as a justice 
 of the forest in 17 and 18 Hen. II, and 
 
 again in l Ric. I. Foss's Biogr. Jurid. 
 
 William Rufus (or Ruffus), mentioned 
 in \ 4, p. 175, held the office of sheriff of 
 Devonshire in 22 and 23 Hen. II, and of 
 the united counties of Bedford and Buck- 
 ingham from 26 Hen. II (with an inter- 
 ruption of a year or two), until the end of 
 the reign and after. Id. 
 
 ""Mentioned in \ 9, p. 199, as justice 
 itinerant in l6 and 17 Hen. II (1170-1), 
 in Cumberland and Northumberland.. 
 He was then, likewise, sheriff of York- 
 shire, an office which he retained for a 
 few; years afterwards. In 1 174 he as- 
 sisted Ranulph de Glanville at the bat- 
 tle near Alnwick, where the Scottish 
 army was routed, and William, their 
 king, taken prisoner. Id. 
 
 •'" He may have filled some office in 
 the Exchequer, when, in 10 Hen. II 
 (i 164), he held for a year the office of 
 sheriff of Warwick and Leicester, and is 
 said to have been advanced to the sheriff- 
 alty of York. The respective parts of 
 Glanville and Robert de StUteville, in 
 this sheriffalty, do not clearly appear. 
 But Mr. Poss observes as to Glanville,. 
 that " during his northern sheriffalty his 
 military talents were called into action 
 by the incursion of the Scots, and his 
 efficiency as an energetic and brave com- 
 mander was soon proved;" and from this 
 time " the valorous sheriff, brpught more 
 immediately under the king's notice, was 
 employed in ' services for which he was 
 not long in proving that he was equally 
 fitted." Id. 
 
 '"^ Although his appointments, as sheriff 
 of Warwick and Leicester, and perhaps, 
 of York, took place about twelve years 
 before his name is recorded as a justi- 
 
1 154 TO 1 189. 
 
 205 
 
 -14. Of the king's employment in England during two years after 
 his return from France, in 117^. The assize of Clarendon 
 was, in fanuary 1176, renewed and amplified in the assize of 
 Northampton. Six circuits created ; each having three judges. 
 The northern circuit allotted to Ranulph de Glanville and two 
 others. 
 
 During the two years that Henry stayed in England, after his 
 return from France in 1175, he was constantly holding councils and 
 enforcing fresh measures of consolidation/™ 
 
 The assize of Clarendon was renewed and amplified in the assize 
 of Northampton, issued in January, 1176; the latter containing, like 
 the former, instructions for itinerant justices.'"* One of the six circuits 
 
 cier; yet, after he was raised to the 
 bench, several other counties were placed 
 under his care as sheriff. Id. 
 ' "» I Stubbs's Const. Hist., ch. 12, p. 482. 
 He attended with his son at an ecclesi- 
 astical council held by the new arch- 
 bishop, Richard of Dover, at West- 
 minster, the week after his arrival, in 
 May, 1 175. That Whitsuntide he held 
 his royal court at Reading. After a con- 
 ference with the Welsh princes at Glou- 
 cester, he held a great council at Wood- 
 stock. Thence he went to Lichfield, 
 '" where he hanged four knights for the 
 murder of a forester ; thence to Notting- 
 ham, where he held a great visitation of 
 the forests." He next went to York, to 
 receive the submission of the Scots, and 
 the homage promised by the king at the 
 peace of Falaise. In October he held a 
 great council at Windsor, and concluded 
 ^ treaty with the king of Connaught." 
 Id., p. 483- 
 
 ""* Heretofore each year's account pre- 
 sents a different arrangement of circuits, 
 or a different staff of judges. The assize 
 of Northampton placed this jurisdiction 
 on a more permanent footing. Its execu- 
 tion was " committed to six detachments, 
 each consisting of three judges; to each 
 detachment a cluster of counties, or a 
 
 circuit was assigned. Of the eighteen 
 judges eight were barons, acting as sheriffs 
 at the time, and, in most cases, one of 
 the three was sheriff of one of the coun- 
 ties in his circuit." Id., pp. 483, 484, 
 485; Select Charters, pp. 143, 144, 145. 
 
 Robert Fitz-Bernard viras placed at 
 the head of the three, to whom the coun- 
 ties of Kent, Surry, Sussex, Hants, Berks 
 and Oxford were entrusted ; he being at 
 that time, and until 29 Hen. II, sheriff 
 of the first-mentioned county. He died 
 about 9 Ric. II. 
 
 Roger Fitz- Reinfrid acted as a jus- 
 tice itinerant in 1176 (22 Hen. II), and, 
 occasionally, to the end of the reign. 
 His extent of circuit (no less than thir- 
 teen counties) is thought sufficient of 
 itself to shew that he was a regular justi- 
 cier in the king's court. There are 
 examples of pleas before him in the Ex- 
 chequer at Westminster, from 25 Hen. 
 II (1179). His name is attached to a 
 charter dated at Oxford, in May, 11 77, 
 confirming the grant of the kingdom of 
 Cork to Robert Fitz-Stephen and Milo de 
 Cogan. He was also one of the wit- 
 nesses to the will of King Henry, dated 
 at Waltham in 11 82. He was sheriff of 
 Sussex for eleven years, from 23 Hen. II. 
 
 Walter Fitz-Robert was one of the 
 
206 
 
 In Reign of Henry II 
 
 into which the assize of Northampton divided the kingdom, em- 
 braced the northern counties, and was allotted to Ranulph de Glan- 
 ville and two others."' 
 
 75. On the king's return to England in August, 1177, his attention 
 called to the great number of judges. Court of five constituted 
 out of the king's ' immediate servants! In xijg the council of 
 Windsor rearranged the kingdom, into four judical divisions. 
 Names of judges. Among those kept in office were Thomas , 
 Basset and Ranulph de Glanville. Who succeeded Richard de 
 Luci as chief justiciary. In 1080 Glanville was in that office. 
 
 The king left England in August 1177, and returned in the follow- 
 ing July. His presence, as usual, was soon signalized by energetic 
 action. The great number of justices being objected to as oppres- 
 sive, his attention was given to the subject. Mr. Stubbs, referring ta 
 the eighteen who had gone on circuit in 1176, says : 
 
 " Without actually dismissing these, the king, by the advice of his 
 counsel, chose five of his own immediate servants, two clerks and 
 
 three appointed to go into the eastern 
 counties, and was so employed for several 
 following years ; taking part also in the 
 Curia Regis. 
 
 Turstin Fitz-Simon, who had been, in 
 
 1 173, a justice itinerant for setting the 
 assize or tallage in Gloucestershire, was 
 now (in 1 176) one of the eighteen. His 
 pleas are recorded in that and the two 
 following years on the rolls, not only of 
 the four counties first appropriated to 
 him, but also of six others. In 1177 he 
 is mentioned as holding pleas in the 
 Exchequer. 
 
 Ralph Fitz-Stephen, who had been, in 
 
 1174, a, justice itinerant tor Gloucester, 
 was now (1176) at the head of one of 
 the six divisions. His pleas are recorded 
 in the rolls of that and the four following 
 years in 24 different counties. In 11 84 
 he was among the justiciers and barons, 
 before whom a fine was levied in the 
 king's court. 
 
 William FitZ'Stephen (brother of the 
 
 last), was at the head of another of the 
 six circuits. His pleas are recorded in 
 1 1 76, and the four following years, not 
 only in fourteen counties, but ' ad Scar- 
 rarium' also. 
 
 Richard Giffard and Hugh de Gun- 
 deville ■were Xwo others of the eighteen. 
 The latter had been, in 1174, one of four 
 justices itinerant to fix the tallage of 
 Hampshire. His pleas extend over the 
 four years following 1176. He died 
 about the end of this reign. 
 
 Gilbert Pipard was the last of the 
 three to whom the counties of Wilts, 
 Dorset, Somerset, Devon and Cornwall 
 werp allotted. 
 
 Gilbert de Columbiers (or Columbariis) 
 is mentioned, in the roll of 23 Hen. II, 
 (1177) as one of the justices itinerant in 
 Wiltshire. 
 
 ^"5 Robert Pikenot was one of the two ; 
 Robert de Vaux (or de Vallibus) was the 
 other. 
 
1 154 TO 1 189. 
 
 207 
 
 three laymen, before whom he ordered all the complaints of his peo- 
 ple to be brought, reserving the harder cases for his own hearing as 
 before, and decided with the counsel of the wise." ' Mr. Stubbs con- 
 siders that " In this measure is traced the foundation of the court of 
 King's Bench, as a separate committee of the Curia Regis ; whilst 
 the power of hearing appeals, as now reserved to the king, marks 
 an important step in the development of the judicial system out of 
 which the equitable and and appellate jurisdictions sprang." '°^ 
 
 Soon, however, the council of Windsor, in 11 79, rearranged the 
 kingdom into four judicial divisions, three of which; containing each 
 two clerks,"' and three knights,™ had as heads, the bishops of Win- 
 chester, Norwich^"' and Ely;"" and the fourth, embracing the North- 
 
 •* I Stubbs's Const. Hist., ch. 12, pp. 
 486, 487. In another place Mr. Stubbs 
 says : " From this date we fix the exist- 
 ence of the sittings of the Curia Regis 
 ' in Banco.' Their proceedings are still 
 nominally transacted 'coram rege,'' but, 
 nominally only. ' The five are to hear 
 all the complaints of the kingdom, and 
 to do right, and not to depart from the 
 Curia Regis.' Questions, which are too 
 hard for them, are to be referred to the 
 king in person, who will decide them 
 with the advice of the wise men of the 
 kingdom." Id., ch. 13, p. 601. 
 
 '^'^ Hugh Murdoc, and Reginald de 
 Wisebec, two of the king's chaplains, 
 were selected. The former acted in the 
 home district, not only in this but also in 
 the following year. 
 
 1"* Thomas Fits-Bernard, who, in 24 
 Hen. II, (1178), and the two following 
 years, acted as a justice itinerant in 
 several counties, was, in 1182, one of the 
 justiciars and barons, before whom fines 
 were levied in the curia regis. 
 
 Richard Tocliffe, called by some 
 Richard More, and by others Richard of 
 Ilchester, was, according to Ralph de 
 Diceto, born at Soc, in the diocese of 
 Bath. Brought up to the clerical profes- 
 sion, he, at an early period of his life, 
 obtained an inferior situation in the king's 
 court, where it was his duty to make 
 
 copies of all the summonses issued from it, 
 and to write the writs and the entries on 
 the rolls. He showed so much diligence 
 and care, and his ability and industry 
 were so prominent, that he was gradually 
 advanced, until, at last, a place was as- 
 signed to him in the Exchequer on the 
 right hand of the chief Justice, in order 
 that he might be next to the treasurer, 
 assist in the accounts, and carefully 
 superintend the writer of the roll. Thus 
 he was regularly present in the court at 
 its sittings, and at length, assisting in its 
 deliberations, became one of the justi- 
 ciers. Under this character, he (when 
 arch-deacon of Poictiers) is named, with 
 several others, as sitting in the Ex- 
 chequer in II and 12 Hen. II (i 165-6). 
 He is named first in the pleas of the 
 counties in which he acted, as a justice 
 itinerant, from 14 Hen. II,"until the 20th 
 year of the reign, 1 1 74. In this year, on 
 the 20th of October, he was consecrated 
 bishop of Winchester. In 1176 he was 
 appointed chief justiciary of Normandy_ 
 Foss's Biogr. Jurid. 
 
 '^ John of Oxford, bishop of Nor- 
 wich. 
 
 '^'^'^ Geoffrey Ridel, bishop of Ely. 
 ' Nicholaus, capellanus regis,' was the 
 second of five appointed to act in 
 Cambridgeshire, and eight other coun- 
 ties. As to him, see ante, p. 197, 
 
208 
 
 In Reign of Henry II 
 
 ern counties, had assigned to it six judges with Godfrey de Luci^"^ 
 at its head. There must have been a considerable number of new 
 judges."^ For though it is stated that into each of the four districts 
 wise and learned men were sent, yet it is also stated that of the whole 
 body assigned to the four districts, only eight had been before em- 
 ployed in a judicial capacity."' Among those eight were Thomas 
 Basset^^^ Michael Belet™ Gilbert Pipard™ and one more distin- 
 guished than any of them. Glanville's capacity was so conspicuous, 
 and his integrity so unblemished, that he was not only kept in office, 
 but was among the six specially constituted to hear complaints in the 
 curia regis at Westminster."' 
 
 Richard de Luci had been preparing for retirement."* Now resist- 
 
 "1 Henceforth, to the end of the reign, 
 he regularly acted as a justiciary, not 
 only in the king's court at Westminster, 
 but on the itinera in various counties. 
 
 ^1" Robert de Witefeld was a justicier, 
 appointed by the great council held in 25 
 Hen. II (1179). He was sheriff of the 
 county of Gloucester in 29 and 30 Hen. 
 II, and is noticed in the Curia Regis in 
 30> 33> and 35 Hen. II. In iiyg there 
 were also as new judges Richard de 
 Pec, Geoffrey Hose (or Hoese) and 
 Nicholas Fitz- Torold. 
 
 Geoffrey was sheriff of Oxfordshire, in 
 26 Hen. II, and two following years. 
 The names of him and Nicholas appear 
 as justices, not only in 1 179, but also in 
 1 1 80; and Nicholas probably acted sub- 
 sequently. 
 
 "' I Stubbs's Const. Hist., ch. 12, p. 487. 
 
 1" Mentioned, ante, p. 199. He died 
 in 1 183. Foss's Biogr. Jurid. 
 
 11* The sheriffalty of various counties — 
 Worcestershire, Wiltshire, Gloucester- 
 shire, Warwickshire and Leicestershire — 
 was entrusted to him at various dates 
 from 22 Hen. II, to the end of the 
 reign. In 23 Hen. II (1177), and the 
 following year, he acted as a justice 
 itinerant in various parts of England. 
 
 In 1 179 he was one of the five selected 
 for the circuit comprehending ten coun- 
 ties bi the home district. He acted in 
 this character, not only in these but other 
 counties, through many succeeding 
 years — as late as 3 John 1201-2. In- 
 stances occur also of his partaking in 
 the judicial duties of the Curia Regis 
 at Westminster, fines being levied before 
 him from 28 Hen. II, through the reign 
 of Richard, till the third of John. 
 About this period he died. Id. 
 
 116 Xhe sheriffalty of Gloucestershire 
 was held by William Pipard for the 
 four years previous to 14 Hen. II, and 
 by Gilbert Pipard for that and the three 
 following years. In addition to Glou- 
 cester, three other counties were en- 
 trusted to his superintendence as sherifi. 
 Id. 
 
 1" Id., p. 487, and pp. 601, 602. Wil- 
 liam de Bending, John Cumin, (or 
 Corny n), Alan de Furnellis (or Fumaus), 
 and Hugh de Gaerst, made with Glan- 
 ville and Godfrey de Luci, the six. 
 
 118 By founding, in 1178, an abbey at 
 Lesnes, or Westwood, in the parish of 
 Erith, in Kent ; endowing it with half of 
 his possessions there. 
 
1154 TO 1 189. 
 
 20& 
 
 ing the entreaties of his sovereign, who knew how to appreciate his 
 abilities, he resigned the office of chief justiciary."' This office was 
 entrusted for a short time to Richard Tocliffe (bishop of Winches- 
 ter), John of Oxford (bishop of Norwich), and Geoffrey Ridel (bishop 
 of Ely). In 1080, Olanvillc was appointed to succeed them."" 
 
 16. The internal administration regular and peaceful. Of the judi- 
 cial characters. After 1182, one of the most remarkable was 
 Hubert- Walter; another was Samson de Totington. He and 
 Glanville were retained in office till the end of the reign. 
 
 The internal administration during the king's latter years was reg- 
 ular and peaceful. Year after year the judicial and financial officers 
 make their circuits and produce their accounts."^ Of the judicial 
 characters after 1182,"^ one of the most remarkable was Hubert Wal- 
 
 1^' And assumed the habit of one of the 
 canons. His seclusion, however, was not 
 of long duration, for he died on the 14th 
 of July, n 79. He was buried in a tomb 
 in the choir of his church. Foss's Biogr. 
 Jurid. 
 
 i^iThey acted, however, after this in 
 the judicial business of the court. Fines 
 were levied in 28 Hen. II (1182), before 
 Richard, and also before Geoffrey. 
 Geoffrey and yohn acted each as justice 
 itinerant in the last year of Hen. II, or 
 in I Ric. Richard died in 1188, and 
 was buried in his cathedral. Geoffrey 
 died Aug. 21, 1 189, in the interval be- 
 tween the death of King Henry and the 
 coronation of King Richard. John, of 
 Oxford, seized with the mania of the age, 
 devoted himself to .the crusade in 1189, 
 but being attacked by rpbbers on his way 
 to the Holy Land, and despoiled of his 
 property, he turned to Rome, where, 
 representing the inadequacy of his means 
 to support the expense of the under- 
 taking, he procured absolution from his 
 vow. The remainder of his life was de- 
 voted to the restoration of his church 
 (which had been injured by a fire) and to 
 other episcopal duties. He died June 
 
 14 
 
 2, 1200, and was buried in his own 
 cathedral. He acquired the character of 
 being an able negotiator, and a graceful 
 orator; and notwithstanding what he did 
 towards the crusade, he is spoken of as 
 a man of sound judgment and quick dis- 
 cernment. To his other occupations he 
 added that of an author, hav.ng written a. 
 history of all the kings of Britain, be- 
 sides some occasional works, among 
 which was a book, ' Pio Rege HenricO' 
 contra S. Thomatn Cantuariensum' and 
 an account of his journey into Sicily, 
 and some orations and epistles to Richard, 
 archbishop of Canterbury. Foss's Biogr. 
 Jurid. 
 
 '" I Stubbs's Const. Hist., ch. 12, p. 491. 
 
 12228 Hen. II, Gervase de Cornhill,. 
 in curia regis. Supposed to have died in 
 a year or two after. 
 
 28 Hen. II (and 2 following years),. 
 Ranulph de Gedding, in curia regis. 
 
 28 Hen. II (and 35 Hen. II), Oibert 
 de Glanville, in curia regis. 
 
 30 Hen. II (1184), Hugh Bardolf, 
 dapifer regis in conjunction with Hugh 
 de Moreivick, and afterwards with Wil- 
 liam Rufus. He acted till the end of the 
 reign as a justicier, and assisted as a jus- 
 
210 
 
 In Reign of Henry II 
 
 ter;'^'^ another was Samson de Totington™ In a short time after 
 his election as abbot of St. Edmund's Bury, the pope appointed 
 him a judge ' de causis cognoscendis,' and not long afterwards he was 
 constituted by the king one of the justices itinerant. His biog- 
 rapher'''* dwells with pride on the admiration which his judicial 
 
 tice itinerant in assessing the tallage of 
 Wiltsliire, of which he was sheriff. He 
 also held the sheriffalty of Cornwall, was 
 fermer of the honor of Gloucester, and 
 was nominated one of the lieutenants of 
 the kingdom during Henry's absence in 
 Kormandy. 
 
 30 Hen. II (1184), Bugh Murdoc 
 and Ralih Murdoc, present in the 
 Exchequer, upon an acknowledgment as 
 to lands. The latter acted as a justice 
 itinerant in subsequent years. 
 
 30 Hen. II (1184), Robert Marmion 
 and Hugh de Morewic, justiciers; and, 
 afterwards, justices itinerant. 
 
 31 Hen. II (1185), Hubert Walter, in 
 curia regis. 
 
 31 Hen. II (1 185), Nigel Fitz-Alex- 
 under, in curia regis; and until i Ric. 
 I, sheriff of Lincolnshire. 
 
 31 Hen. II (1185), Richard, arch- 
 deacon of Wilts, and two others were, in 
 in this year, custodes of the See of 
 Exeter. It was probably while having 
 that charge that he acted as a justice 
 itinerant in the diocese. 
 
 1 187, Robert de Jnglesham and Josce- 
 line (arch-deacon of Chichester), justi- 
 ciers. The latter was also a justice 
 itinerant, fixing tallage. 
 
 33 Hen. II, Thomas de Husseburn, a 
 justicier, and also it justice itinerant. 
 Ralph (arch-deacon of Hereford) was 
 also a justicier. 
 
 33 Hen. II, William Briwer asso- 
 ciated with two others in fixing the 
 tallage of Wiltshire. With the sheriffalty 
 of Devonshire he had been entrusted in 
 26 Hen. II ; he continued to hold it till I 
 Ric. I. 
 
 33 and 34 Hen. II, William le Vava- 
 
 sour, as a justice itinerant, or of assize. 
 
 33 and 35 Hen. II, Ralph (arch- 
 deacon of Colchester), ajusticier. 
 
 ''' A son of Hervey Walter, and Maud, 
 who was daughter of Theobald de 
 Valoines, and sister of Berta, the wife of 
 Ranulph de Glanville. Brought up 
 under that celebrated man to the two 
 learned professions of the church and the 
 law, he made such advance in both, that 
 so early as 31 Henry II (1185), his name 
 appears among the barons and justiciers, 
 before whom fines were levied in the 
 Curia Regis. Soon afterwards he was 
 raised to the deanery of York. Thus 
 early he founded a monastery of Prae- 
 monstratensian monks at his native place. 
 West Dereham, in Norfolk. 2 Inst. 508; 
 Foss's Biogr. Jurid. Of his subsequent 
 career, more appears in the next chapter. 
 
 '" A native of Totington, in the hun- 
 dred of Weyland, in Norfolk. He be- 
 came a monk in the abbey of St. Ed- 
 munds, in 1 1 66, and after some promo- 
 tion, of a minor character, was, at the 
 death of Abbot Hugo, elected his suc- 
 cessor. The wisdom of the choice was 
 soon apparent ; the affairs of the convent 
 being soon extricated from the disorder 
 into which weakness and indolence had 
 plunged them. "He repressed the irregu- 
 larities of the monks; successfully re- 
 sisted the encroachments of the knights 
 and townspeople ; stood up in every way 
 for the rights of his house, whether 
 against prince or peer, and yet found 
 favour in the sight of his sovereign." 
 Foss's Biogr. Jurid. 
 
 '^''^ Jocelin de Brakelonda, who had 
 been his chaplain. Id. 
 
1 154 TO 1189. 211 
 
 powers excited, and relates that one of the suitors cursed his 
 court, where, he complained, neither gold nor silver would avail 
 to confound his adversary. Osbert Fitz-Hervey (himself a judge)"* 
 said, ' That abbot is a shrewd fellow ; if he goes on as he begins, 
 he will cut out every lawyer of us.' In 1188 he was desirous of 
 joining those who had assumed the cross, but King Henry found 
 him so useful in the kingdom that he would not permit his depart- 
 ure. He and Glanville were retained till the end of his reign. 
 " It is probable that in faithful discharge of duty, and an inventive 
 or adaptative genius for legal proceedings," Glanville "came up to" 
 the king's "ideal of a good judge.""' 
 
 jj. Of the assise of Arms in 1181 ; the assize of the forest in 1184 ; 
 Temple Church in 1183 ; and the ordinance of the Saladin 
 Tithe in 1188. Also of an enactment as to the law of wreck. 
 
 The assize of Arms "restored the national militia to the place 
 which it had lost at the Conquest;" restored the old "military obli- 
 gation of every freeman to serve in the defence of the realm." "* 
 
 Some of Henry's most important councils were held, and acts 
 performed, at his hunting palaces, such as Clarendon, Woodstock 
 and Marlborough. The 'Assize of the Forest,' issued at Woodstock 
 in 1 184, is his first formal act concerning forests in existence.'^ 
 
 It is stated that "from the Temple near to the Holy Sepulchre at 
 Jerusalem," was taken the plan of the Temple Church, " built by the 
 Knights Templars in the reign of Henry the Second, on quitting their 
 
 ^''^He was a justicier, from 28 Hen. II force for national defence, safer and 
 
 •(l 182), till 7 John. Id. more trustworthy than the feudal levies." 
 
 "' I Stubbs's Const. Hist., ch. 12, p. "It was renewed or re-issued by Henry 
 488. He was in the king's will named III, in an expanded form, and in con- 
 one of the executors. Foss's Biogr. junction with the system of Watch and 
 Jurid. Ward; and subsequent legislation by 
 
 '^i Stubbs's Const. Hist., ch.'i2, pp. Edward I, in the statute of Winchester, 
 
 488, 489. The effect of the scutages, in Henry IV, Philip and Mary, and James 
 
 commutation of personal service, was to I, has brought it down, in principle, to 
 
 diminish the military force under the in- our 6wn times, as the militia." Select 
 
 fluence of the barons; providing the king Charters, pp. 146, 147. 
 
 with mercenaries for his foreign wars; the "'Id., p. 149 to 152. 
 assize of arms was intended to create a 
 
212 In Reign of Henry II 
 
 former residence in Holborn, near Southampton buildings." It 
 appears quite certain tliat, in the year 1185, the church was dedicated 
 by Heraclius, the patriarch of the church in Jerusalem.'™ 
 
 In 1 1 88 was the ordinance of the Saladin Tithe; the importance of 
 which, constitutionally, consists in its being the first attempt to bring 
 taxation to bear on personal property, and on the fact of the employ- 
 ment of local jurors to determine the liability of individuals."' 
 
 " Formerly it had been held that in cases of shipwreck, unless the 
 vessel were repaired by the survivors within a given time, it became 
 with the cargo, the property of the crown, or of the lord of the 
 manor having right of wreck. The injustice of this custom was 
 mitigated by Henry I, who exempted from forfeiture every ship from 
 which a single mariner or passenger had escaped alive; but after his 
 death, under the pretence that the consent of the baronage had not 
 been obtained, the ancient claim was revived and exercised till Henry 
 II enacted, that even if a beast escaped by which the owner could be 
 ascertained, he should be allowed three months to claim his pro- 
 perty." ''' 
 
 18. Generally as to Henry's Laws ; and the matters for which his 
 reign is commended; especially of him as a legislator and 
 administrator. He died fuly 6, ii8g. 
 
 " King Henry the Second wrote a book of the common laws and 
 statutes of England, divided into two tomes, and according to the 
 same division intituled the one Pro Republica Leges, and the other 
 Statuta Regalia, whereof not any fragment doth now remain.""' 
 
 In another volume of Coke "the reign of King Henry II is com- 
 mended for three things: i. That his privy counsel were wise and 
 expert in the laws of the realm ; 2. That he was a great defender and 
 mairitainer of the rights of his crown and of the laws of his realm; 
 3. That he had learned and upright judges, who executed justice 
 according to his laws.""* 
 
 ^'^ Ireland's Inns of Court, pp. 13, 15 of Geere v. Burkensham, 3 Lev. 85 ; Simp' 
 
 ed. 1800; citing Stowe, vol. I, p. 745; son v. Bethwood, Id. 307; 1 Ld. Raym. 
 
 Penny Magazine for 1832, p. 116. Of 388; 6 Mod., 149. Leg. Sax., 313, 342, 
 
 Temple Church, there are representations and Palgrave ii, Ixvii, are cited in 2 
 
 in Mr. Ireland's volume, and also in the Lingard's Engl., ch. 6, p. 356. 
 
 Penny Magazine. ^^ Such is Coke's language in preface 
 
 "'As had been done in 1181, inthe to 3 Rep., p. xxii of Lond. edi., 1826, 
 
 assize of Arms, Select Charters, pp. 152, where, in the margin, the editor refers to 
 
 153. ■ "the laws of Hen. II, in Wilkins's 
 
 I'* Constable's case, 5 Rep., \o% b; Saxon Laws, p. 318-338." 
 
 Sheppard v. Gosnold, Vaughan, 106; ''*2 Inst., 29. 
 
1 154 TO 1189. 213 
 
 In a preface (to Glanville), mentioned as "adapted from the Insti- 
 tutes of Justinian," ^ there is the following : 
 
 " Our king disdains not to avail himself of the advice of such men 
 (although his subjects), whom, in gravity of manners, in skill in the 
 law and customs of the realm, in the superiority of their wisdom and 
 eloquence, he knows to surpass others, and whom he has found by 
 experience most prompt, as far as consistent with reason, in the 
 administration of justice, by determining causes and ending suits, 
 acting now with more severity and now with more lenity as they see 
 most expedient." "° 
 
 Therewith may be noticed observations of Mr. Green and Mr. 
 Stubbs. The former says of Henry II : 
 
 " It was by successive ' assizes,' or codes issued with the sanction of 
 the great councils of barons and prelates which he summoned year 
 by year, that he perfected, in a system of reforms, the administrative 
 measures Henry the First had begun.""' 
 
 In the opinion of Mr. Stubbs, " Henry II is the first of the three 
 great kings who have left on the constitution indelible marks of their 
 own individuality." ''* Observing that "the consent of the historians 
 of the time makes him, first and foremost, a legislator and adminis- 
 trator""' — that "in every description of his character, the same 
 features recur, whether as matters of laudation or of abuse,""" 
 Mr. Stubbs proceeds to the question, 'How many of the inno- 
 vating expedients of his policy were his own ? ' and answers thus : 
 
 " Some parts of it bear a startling resemblance to the legislation of 
 the Frank emperors; his institution of scutage, his assize of arms, 
 his inquest of sheriffs, the whole machinery of the jury, which he 
 developed and adapted to so many different sorts of business — 
 almost all that is distinctive of his genius — is formed upon -Karolin- 
 gian models, the very existence of which within the circle of his 
 studies or of his experience, we are at a loss to account for. It is 
 probable that international studies in the universities had attained 
 already an important place; that the revived study of the Roman 
 
 "5 1 Stubbs's Const. Hist., ch. 12, pp. 137; I Green's Hist, of Engl. Peop., 
 
 494, 495, noie. book 2, ch. 3, p. 167. 
 
 ™P. xxxviii, of Beames's Glanville, "^j Const. Hist., ch. 12, p. 446. 
 
 «d. 1812. "»Id., p. 492. 
 
 '" Green's Short Hist., ch. 2, ? 8, p. '« Id., p. 494. 
 
214 In Reign of Richard I 
 
 law had invited men to the more comprehensive examination of 
 •neighbouring jurisprudence." "' 
 
 At the time of his last illness, Henry was on the Continent. He 
 died on the 6th of July, 1189, and was buried in the choir of the , 
 convent of Fontevrauet."^ 
 
 CHAPTER XII. 
 
 INSTITUTIONS IN THE REIGN OF RICHARD I, OR 
 CCEUR DE LION— 1189TO 1199. 
 
 I. Of Richard's coronation, September j, ii8g. His not appreci- 
 ating faithful performance of official duty. While Glanville- 
 was arranging to go to the Holy Land, Richard was selling the 
 highest offices. William de Longchamp is the chancellor. Who- 
 are the justiciars, and the council to assist them,. 
 
 Richard (the eldest surviving son of Henry II, and his queen) 
 being on the continent at his father's death, the queen, in conjunctioa 
 with Ranulph de Glanville, the justiciar, acted in Richard's absence. 
 
 "'Id., 494, 495. In a note Mr. Stubbs Chinon, on Thursday, the sth of July, 
 
 says, that " before the end of the reign of 1 189, in the thirty-fifth year of his reign,. 
 
 Henry II, the procedure of the Roman and fifty-seventh of his age." i Mackin- 
 
 civil law had become well known by the tosh's Engl., p. 147 of Phila. edi., 1830. 
 
 English canonists, although its influence " He died in the fortress overhanging the 
 
 was not allowed much to affect the com- Vienne, in that famous Chinon, where 
 
 mon law of the kingdom." Id., 494, brother had imprisoned brother in the 
 
 note I. days when his forefathers were simple 
 
 "* to Harl. Miscel. 290 ; 2 Lingard's counts." 5 Freem. Norm. Conquest, p. 
 
 Engl., ch. S, p. 389. Sir James Mackin- 449. Fonteyrault is mentioned in Bayle's. 
 
 tosh says, he " died at the castle of Dictionary. 
 
iiSg TO 1 199. 
 
 215 
 
 After receiving investiture as duke of Normandy, he crossed to 
 England/ His splendid coronation on the 3d of September, 1189, 
 was disgraced by a massacre of Jews during the state dinner.'' 
 
 In preparing for his crusade he was not sufficiently scrupulous about 
 the means of raising money.' Though Richard Fitz-Nigel (or Fitz- 
 Neal — mentioned in ch. 11, § 10, p. 200,) was retained in the office 
 of treasurer and raised to the bishopric of London, yet in other 
 cases, appreciation of faithful performance of official duty was not 
 sufficiently shewn. Glanville, who, as chief justiciary, assisted at 
 Richard's coronation, and was sent by him to restrain the massacre 
 of the Jews, was, according to some authors,* imprisoned until he 
 paid an enormous fine. As to this, the view of Mr. Foss^ differs 
 somewhat from that of Mr. Stubbs.^ But whichever may be right, it 
 is quite certain that Glanville retired from service in the kingdom, 
 and was arranging' for a journey to the Holy Land,' while Richard, 
 
 ^ I Stubbs's Const. Hist., ch. 12, p. 495. 
 
 ' I Turner's Engl., ch. 10, pp. 362, 363, 
 364; I Mackintosh's Engl., p. 153 to 155 
 of Phila. edi., 1830. 
 
 ' I Tamer's Engl , pp. 364, 365 ; Select 
 Charters, p. 256 to 258. 
 
 * Foss's Biogr. Jurid. ; i Turner's Engl., 
 361. 
 
 * Biogr. Jurid. 
 
 ' I Stubbs's Const. Hist., ch. 12, p. 495. 
 
 ' Previous to his departure, he devised 
 his property to, or among, his three 
 daughters ; one of whom, Matilda, mar- 
 ried William de AudervillejVrho, in 1182 
 (28 Hen. II), was at Westminster, act- 
 ing as n. justicier, and, in 6 Ric. I 
 (i 194-5), ^^ alive, being then party to 
 a suit relative to partition of the property. 
 The second daughter, Amabilia, mar 
 ried Ralph de Arden (or Arderne^ who 
 was sheriff of Hereford from 11 84 to 
 1189, and, in the latter year, acted as 
 a justice itinerant in that and other coun- 
 ties (Shropshire, Gloucestershire and 
 Staffordshire), Foss's Biogr. Jurid. 
 
 ^ According to Foss, there is evidence 
 of his being with the king in Nor- 
 mandy on his way to the Holy Land, 
 as he is the first of the witnesses at- 
 testing a royal charter given under the 
 hand of John deAlencon, the vice chan- 
 cellor, 'apud Moret,' on April II, 1190, 
 I Richard I (Madox I, 77), and he 
 afterwards travelled towards Jerusalem 
 in company with Baldwin, archbishop 
 of Canterbury, and Hubert Walter, his 
 nephew, bishop of Salisbury, and landed 
 at Tyre about Michaelmas, 11 90; all of 
 them having been dispatched by King 
 Richard to assist at the siege of Acre, 
 and having previously, according to 
 some accounts, accompanied the king 
 himself through France as far as Mar- 
 seilles. He and his companions reached 
 Acre, before which Archbishop Baldwin 
 first fell a victim, and then before the 
 end of the year, Ranulph de Glanville ; 
 not, as sometimes stated, in the heat of 
 battle, but 'ex aeris nimia corruptione.'' 
 Biogr. Jurid. 
 
216 
 
 In Reign of Richard I 
 
 to his disgrace, was selling the highest offices of the kingdom.' 
 Before Richard's coronation as king, and while he assumed the title 
 of 'Dominus Angliae,' William de Longchamp^" was appointed 
 chancellor. He obtained greater favours afterwards." At the coun- 
 cil of Pipewell, September 15, 1189, William de Mandeville, &zr\ of 
 Albemarle and Essex, was appointed to the chief justiciaryship in 
 conjunction with Hugh Pusar^^ (or Pudsey) the aged Bishop of 
 Durham, now made earl of Northumberland."" Two months after- 
 wards the earl of Albemarle and Essex died at Rouen in Normandy, 
 and the king named Longchamp in his place," assigning the rule of 
 northern counties to the bishop of Durham, and that of southern to 
 the bishop of Ely, and at the same time appointing to assist them as 
 a council several of the justices, to-wit: William Mareschall'^ (or 
 
 'Mr. Stubbs mentions that for the 
 chancellorship Reginald, the Lombard, 
 had bidden ;f 4,000 ; and that William de 
 Longchamp paid for it ;^3,ooo, although 
 he was the king's most trusted friend. 
 I Stubbs's Const. Hist. ch. 12 p. 495, to 
 497 ; citing on p. 497 R. Devizes p. 9. 
 
 '"' A Norman who had been in the em- 
 ployment of Geoffrey, the natural son of 
 King Henry; and afterwards was taken 
 into that of Richard, while earl of Poic- 
 tiers. Foss's Biogr. Jurid. 
 
 1' He was confirmed in his office on 
 Richard's coronation; and at the coun- 
 cil of Pipewell on Sept. 15, was nomi- 
 nated to the See of Ely. Id. ; I Stubbs's 
 Const. Hist., ch. 12, p. 497. 
 
 i^Said to have been the son of a sister 
 of King Stephen. In that reign he be- 
 came treasurer of York, archdeacon of 
 Winchester, and ultimately bishop of 
 Durham. He added to the cathedral 
 the beautiful building called the Galilee ; 
 and his munificence extended through- 
 out his diocese in many useful and pious 
 works. Henry employed him, in 1188, 
 in collecting in Scotland the dime he 
 had imposed for the expedition which 
 he then purposed to the Holy Land, 
 
 Foss's Biogr. Jurid. 
 
 " For which the bishop gave a large 
 sum ; the king, with a sneer, remarking 
 upon his being thus able to make a young 
 earl out of an old bishop. Foss's Biogr. 
 Jurid. Mr. Stubbs says " he gave 2,000 
 marks for the county; and for the jus- 
 ticiarship a large sum, which is described 
 in Benedict (p. 91) as 1,000 marks; but 
 Richard of Devizes fixes the whole sum 
 wrung from him at ^10,000." i Stubbs's 
 Const. Hist., ch. I2, p. 497, note 3; 
 citing R. Devizes, p. 8. 
 
 " Foss's Biogr. Jurid. 
 
 ^The grandson of Gilbert, and the 
 second son of John, who held the office 
 of marshal of the court (magisirdtunt 
 marisc. curia nostrcB) the former under 
 Henry I, and the latter under Henry II. 
 He had been surety for King Richard 
 that he would meet the king of France 
 at Easter to proceed to the Holy Land ; 
 and was now one of the justiciers. By 
 Richard's favour he married Isabella, 
 daughter and heir of Richard Strong- 
 bow, earl of Pembroke, whereby he be- 
 came possessed of all the large inherit- 
 ance of the late earl, both in England 
 and Ireland. Id. 
 
iiSg TO 1 199. 
 
 21Y 
 
 Marshall), Hugh . BardolC' Geoffrey Fitz- Peter," William Briwer," 
 J^oger Fitz-Reinfridl^ and Robert de Witefeld?' 
 
 2. Names of justices in i Ric. I. One of them is William Fits- 
 Stephen, supposed to be the author of Archbishop Becket's life. 
 
 In the first year of Richard's reign, there were among the justices 
 the subjoined names,"^ and also that of William, Fitz-Stephen, who is 
 mentioned (in 1176) in ch. 11, p. 206, n, and now appears as a justice 
 itinerant in Shropshire. Mr. Foss thinks there are many grounds 
 for identifying him with a remarkable man of the same name who 
 -flourished at the same period — William Fitz-Stephen, the author of 
 ^ The Life and Passion of Archbishop Becket,' in which is introduced 
 
 w Mentioned (in 1 184) in ch. 11, p. 
 209, n. His pleas in the itinera in sev- 
 •eral counties are recorded in the great 
 Tolls of I and 2 Ric. II. Id. 
 
 "In 31 Hen. I, and till the death of 
 that king, he was one of the justices of 
 the forest. He was, in i Ric. I, a jus- 
 tice itinerant in various counties; and 
 was afterwards sheriff of the counties of 
 Essex and Hertford. Id. 
 
 ^'Mentioned (in 33 Hen. II) in ch. 11, 
 p. 210, n. He acted in fixing the 
 tallage in l Ric. I, in Cornwall and 
 Berkshire. Id. 
 
 I'Mentionedin ch. 1 1, p. 203, «, and p. 
 205, n. He was sheriff of Berkshire, in 
 I Ric. I. Foss's Biogr. Jurid. 
 
 ™ Mentioned in ch. 11, p. 208, n. 
 His name appears as a witness to a final 
 concord in 3 Ric. I. Id. 
 
 2' William Fitz-Alan and Hugh Pan- 
 iulf were justices itinerant in Shrop- 
 shire, Hereford, Gloucester and Stafford; 
 Pantulf being in three and P'itz-Alan in 
 all four of them. Of Shropshire, the 
 sheriffalty was held by Pantulf from 26 
 Hen. II (1 180), to I Ric. I (1189-90), 
 ■and after him by Fitz-Alan till the end 
 
 of Richard's reign. Foss's Biogr. Jurid. 
 
 William Fitz-Ahielm (or Aldelin) was 
 sheriff of Cumberland in the first nine 
 years of Richard's reign and one of the 
 justices itinerant in that county and in 
 Yorkshire in i Ric. I, and in the former 
 again in 8 Ric. I. Peter de Ros was a 
 justice itinerant in Cumberland in I Ric. 
 I ; in the 9th year of this reign he, with 
 several associates, fixed the tallage in the 
 same county. Id. 
 
 Nigel Fitz-Alexander, a justice intin- 
 erant in the counties of Buckingham, 
 Bedford and Lincoln, and a justicier of 
 the forest in Yorkshire. Id. 
 
 Walter Fitz-Robert, mentioned in ch. 
 II, p. 205, n, was from 1176 till 5 
 Ric. I, present on several occasions in 
 the Curia Regis as one of the justices 
 and barons. He joined the expedition 
 into Normandy in 6 Ric. I, and died in 
 1198. Id. 
 
 Gilbert de Glanville, who, when arch- 
 deacon of Lisieux, was on July 16, 1185 
 (31 Hen. II), elected bishop of Roches- 
 ter, appears among the justiciers in i 
 Ric. I, and acted as a j ustice itinerant in 
 several counties. In 5 and 7 Ric. I, fines 
 
218- 
 
 In Reign of Richard I 
 
 the description of the city of London, printed in Stow's 'Survey."* 
 
 J. Of Richard's departure from England, accompanied by a vice- 
 chancellor with a Great Seal. How, in a shipwreck, the seal 
 was lost for a time. At Cyprus, in the spring of iigi, Richard 
 married Berengaria, daughter of the king of Navarre ; she 
 was crowned Queen of England. 
 
 On the nth of December, Richard left England for France, 
 having selected fohn de Alencon '^ to accompany him as vice-chan- 
 cellor. Although, no doubt, one great seal was left with William, de 
 Longchamp, then chancellor and chief justiciary in England, yet 
 another was entrusted to this deputy, in attendance on the king, ta 
 be used according to his pleasure." 
 
 were levied before him. Id. 
 
 Robert de Hardres, who, in 1 185, was 
 one of the custodes of the See of Cov- 
 entry, was in i and 8 Ric. I, one of the 
 justices itinerant in the county of Lin- 
 coln. 
 
 Thomas de Husscburn, a justice itine- 
 rant in I Ric. I, and also a justiciar from 
 5 Ric. I, to the end of the reign. 
 
 Robert de Inglesham, who, in 31 Hen. 
 II, was one of the custodes of the bish- 
 opric of Worcester, and in the next year 
 was appointed archdeacon of Gloucester, 
 was in 1187 one of the justiciers before 
 whom a fine was levied, and in i Ric. I, 
 a justice itinerant in Hampshire and 
 Devonshire. 
 
 jfosceline (archdeacon of Chichester) 
 who, in 31 Hen. II (1 185), was one of 
 the custodes of the bishopric of Exeter, 
 and afterwards was a justice before whom 
 a fine was acknowledged, appears in i 
 Ric. I (as well as in preceding years) as 
 a justice itinerant in various counties. 
 
 Robert Marmion, who towards the 
 end of Henry's reign was entrusted with 
 the sheriffalty of Worcestershire, con- 
 tinued to hold this office in i Ric. I, and 
 was a justice itinerant on several occa- 
 sions during this reign. 
 
 Ralph Murdac was, in i Ric. I, among 
 the justices itinerant of no less than ten 
 
 counties. He was sheriff of Derbyshire 
 and Nottinghamshire from 27 Hen. II to 
 I Ric. I. 
 
 Henry de Northampton, in i Ric. I, a. 
 justice itinerant. 
 
 Ralph, archdeacon of Colchester, was 
 in I Ric. I, a justice in various counties. 
 
 William, de Stuteville, in i Ric. I, a 
 justice itinerant in Yorkshire, and in 
 the next year sheriff of Northumberland. 
 His wife, Berta, was niece of Ranulph 
 de Glanville. 
 
 William le Vavasour was, in I Ric. I, 
 a justice in the northern counties. 
 
 William, archdeacon of Totness, was 
 one of the justiciers in the Curia Regis, 
 before whom a fine was levied in 1189. 
 
 2^ The last acts of the justice are about 
 (ligooriigi) the period assigned for 
 the death of the author; as to whom 
 there may be reference to Fuller's Wor- 
 thies, vol. 2, p. 373, of edi. 1840; and to 
 AUibone's Diet., tit. Fitz-Stephen, Wm. 
 
 ^ Probably one of the clerks of the 
 chancery ; raised to the archdeaconry of 
 Lisieux in 1185. 
 
 '* There are six charters 'data per ma- 
 num^ fohannis de Alenconi, Archidia- 
 cono, LexoTjiensis, vire cancellarii nos- 
 tri,'' granted by Richard when abroad in 
 January, March, June and July, 1 190. 
 Foss's Biogr, Jurid. 
 
iiSg TO 1 199. 219' 
 
 Richard was engaged to Alice, sister of Philip, king of France,, 
 before he saw Berengaria, daughter of the king of Navarre. Soon 
 after ascending the throne he sent his mother to ask Berengaria in 
 marriage. In 1 190-91, when Richard and Philip were in Sicily, an 
 agreement to release Richard from the contract to marry Alice was 
 made by Philip before his departure from Messina for Acre. Upon 
 receiving a message from Richard announcing himself free to receive 
 the hand of Berengaria, Queen Eleanora accompanied her to Mes- 
 sina. Soon Eleanora left for England, leaving her daughter, Joanna, 
 the queen of Sicily, to be with Berengaria in one vessel, while Rich- 
 ard was in another, of his fleet, to sail for Palestine. In a third 
 vessel was Roger Malus Catulus, one of Richard's chaplains.''^ Two 
 charters under his hand are extant, dated March 27, and April 3, 
 1191.''° In a storm which dispersed the fleet, the vessel with Malus 
 Catulus aboard was wrecked ; he was drowned ; and the king's seal,, 
 stated to have been suspended round the neck of Catulus, was lost, 
 with him, at least for a time. The vessel with Joanna and Berengaria 
 arrived off Cyprus before that with Richard, but did not enter a har- 
 bour until he had landed. In the capital of this isle (of Cyprus) on 
 the 1 2th of May, 1 191, he married Berengaria and caused her to be 
 crowned; soon afterwards they arrived at Acre, where the war was. 
 raging." The Christians entered Acre July 12 (1191).'^ 
 
 /].. How the office of justiciar, as well as that of chancellor, was- 
 filled by Longchamp ; and how he kept the bishop of Durham in 
 retirement. 
 
 "Scarcely had Richard left England, when the two bishops" (of 
 
 ^ I Turner's Engl., ch. 10, p. 370 to formance on Richard's part of the agree- 
 
 372 ; Miss Strickland's Queens of Eng- ment between him and the king of Sicily, 
 
 land, vol. 2, p. 9 to 15; Foss's Biogr. Foss's Biogr. Jurid. 
 Jurid. ^ " The two kings divided the town,, 
 
 ^* Rymer, i, 53, and Monast. v, 565 ; the prisoners and other booty between 
 
 cited in Id. them." I Mackintosh's Engl., p. 157 of 
 
 ■^'Id. ; I Mackintosh's Engl., p. 156, Phila. edi., 1830. Acre was committed 
 
 of Phila. edi., 1830 ; I Stubbs's Const. to the custody of Bertrand de Verdun.. 
 
 Hist., ch. 12, p. 506, note. The seal In or about 11 96, he died at Jaffa (the 
 
 may have been recovered with the dead ancient Jappa) whereof Richard had 
 
 body of Malus Catulus. Jbid. gained possession, and was buried at 
 
 Bertrand de Verdun (mentioned in Acre. Foss's Biogr. Jurid. 
 ch. II, p. 203, «,) was surety for per- 
 
'220 In Reign of Richard I 
 
 Durham and of Ely) "quarrelled at the Exchequer. Both had 
 recourse to the king (in Normandy), and in March a new appoint- 
 ment was made ; William Longchamp became chief justiciar, and to 
 Bishop Hugh the jurisdiction of the north was again entrusted. 
 But on the return of the latter to England, he was arrested by his 
 ■colleague, no doubt under the king's orders, and kept in forced 
 retirement as long as the power of the chancellor was maintained. 
 Longchamp was now both justiciar and chancellor; in the June fol- 
 lowing he was made papal legate." '■" 
 
 " He took full advantage of his opportunities, lived in pomp and 
 luxury, obtained great wardships and rich marriages for his relations, 
 ^old judicial sentences, exacted money by every possible tide from 
 every possible payer, and offended both the baronage and his own 
 colleagues in the government." '° 
 
 5. Conduct of Longchamp to Geoffrey Plantagenet disapproved. 
 How Longchamp was deposed. By whorh he was succeeded as 
 supreme justiciar; and who were the new justiciar's coadjutors. 
 In whose hands the seal was placed during vacancy in the chan- 
 cellorship. Of justices itinerant. 
 
 In September, 1191, there was a new difficulty when Geoffi-ey 
 Plantagenet returned from Tours, where he had been consecrated 
 Archbishop of York.'' 
 
 " Immediately on landing he was arrested by Longchamp's order,- 
 and treated with unnecessary ignominy.'^ He at once appealed to 
 John" (the king's brother), "who, on this occasion, found the sympa- 
 thy of the barons and bishops on his side. The chancellor, speedily 
 discovering his error, disavowed the action of his servants and 
 released Geoffirey, but he had given his enemies their opportunity. 
 A council of the barons was called at London, and John laid the case 
 before them ; a conference was proposed near Windsor, but the chan- 
 cellor failed to present himself. Excommunicated by the bishops 
 and deserted by his colleagues, he hastened to London and shut 
 himself up in the Tower. John, who was now triumphant, brought 
 together a great council at S. Paul's, and there, before the barons, 
 bishops and citizens of London, accused Longchamp. Then the 
 
 =^'1 Stubbs's Const. Hist., ch. 12, p. liam de Longchamp, bishop of Ely, he 
 
 498- possessed considerable influence, and it 
 
 '"Id. was by his interference that Geoffrey 
 
 "'i Stubbs's Const. Hist., ch. 12, pp. Plantagenet, archbishop of York, when 
 
 .498, 499. seized and imprisoned by the orders 
 
 32 Mr. Foss, speaking of Richard Fitz- of the chief justiciary, was liberated." 
 
 Nigel (or Fitz-Neale), bishop of Lon- Biogr. Jurid. 
 ■don, says : " Under the regency of Wil- 
 
iiSg TO 1 199. 
 
 221 
 
 archbishop of Rouen" produced a commission, or letter, signed by- 
 Richard at Messina in the preceding February, appointing" or nomi- 
 nating "him supreme justiciar, with William Marshall, Geoffrey 
 Fitz-Peter, Hugh Bardulph and William Briwire as coadjutors."^* 
 Longchamp, after a protest somewhat more dignified than was to be 
 expected, surrendered his castles and was allowed to escape to the 
 continent.'* 
 
 Although John's proceedings were irregular, and doubt as to the 
 authenticity of the commission to Walter has arisen, from its not 
 having been produced till some months after his arrival in England, 
 yet the important facts appear that "the assembly at S. Paul's acted 
 as the council of the kingdom, heard the charges brought against 
 the minister, and defined the terms of his submission ; debated on 
 and determined in favor of the archbishop's nomination." '° 
 
 It was probably at this period that the seal was placed in the hands 
 of Benet, 'Magister Benedictus,' to perform the necessary duties 
 
 ^^ Walter de Constantius had been a 
 canon of Rouen, and held a responsible 
 post in the Curia Regis under Henry II. 
 In 117s he was raised to the archdea- 
 conry of Oxford. In June, 11 83, he 
 was elected bishop of Lincoln, from 
 which See he was promoted in the follow- 
 ing year to the archbishopric of Rouen. 
 In 1 1 86 he was one of Henry's ambassa- 
 dors to King Philip of France, and suc- 
 ceeded with him in obtaining a truce; 
 in 1 1 89 he and Baldwin, archbishop of 
 Canterbury, were umpires to decide dis- 
 putes between them. On Henry's death 
 he invested Richard, in the cathedral of 
 Rome, with the sword of Normandy; 
 and attending him into England, assisted 
 at his coronation, and was present at the 
 council held at the abbey of Pipewell. 
 He accompanied that king in his progress 
 to the Holy Land, but returned to Eng- 
 land in February 1 191, escorting Queen 
 Eleanor on her departure trom Sicily. 
 Foss's Biogr. Jurid. . 
 
 '*i Stubbs's Const. Hist., ch. 12, pp. 
 499, 500. Mr. Stubbs says, " the arch- 
 
 bishop " (of Rouen) " was known to be 
 an honest man of business, with no am- 
 bition to be a statesman." Id. p. 500. 
 
 ssHall. Mid. Ages, vol. 2, edi. 1853, 
 p. 322, may be compared with i Stubbs's 
 Const. Hist., ch. 12, pp. 499, 500. 
 From the latter is the passage in the text. 
 
 '*Mr. Stubbs considers "their action 
 was in substance unconstitutional," for 
 he says "there was as yet neither law 
 nor custom that gave them a voice in the 
 appointment or disposition of the jus- 
 ticiar, nor could they even assemble con- 
 stitutionally without a summons, which 
 the existing justiciar would never have 
 issued. Yet," he observes, " they acted 
 on that critical principle which more 
 than once, in our later history, has been 
 called into play, where constitutional 
 safeguards have proved insufficient to 
 secure the national welfare; and" (he 
 adds) "the result justified their bold- 
 ness; they acted as if in substance, 
 though not in strict form, they repre- 
 sented the nation itself." Id., pp. 500, 
 SOI. 
 
222 In Reign of Richard I 
 
 during the vacancy in the chancellorship." In this year (1192) 
 tut little appears as to justices itinerant.'* 
 
 6. Of Richards sickness in Asia; his truce with Saladin; embarc- 
 ation on the Mediterranean and imprisonment in Austria. 
 Admhiistration by Walter de Constantius, the justiciar, until the 
 agreement for Richards liberation. In the latter part of 1193 the 
 justiciaryship resigned by him and conferred on Hubert Wal- 
 ter, now archbishop of Canterbury. Of Hubert's victory over 
 fohn ; and Richards return to England in the spring of 1194. 
 
 Richard had advanced to Bethany within four miles of Jerusalem 
 before his fatigue brought on a fever.'' He proposed to Saladin a 
 truce for" three years, which was agreed to; and in October, 1192, 
 embarked on the Mediterranean with his queen, sister, and other 
 nobles. In tempests some were shipwrecked and others cast on 
 shore; but few fared better. After being for six weeks tossed on 
 the waves and separated from his queen, Richard was within three 
 days' sail of Marseilles. Hearing of plans on the French coast for 
 his seizure, he sailed back in the direction of Corfu. He seems 
 to have arrived at the town of Goritz, before, on a horse, he set 
 oif, in the night, for Friesach. Travelling with speed and in dis- 
 guise, accompanied by a lad who understood German, and by one 
 other pei'son, Richard, pressed by hunger, paused at a town near 
 Vienna. He became the prisoner of Leopold, duke of Austria, who, 
 for sixty thousand pounds of silver delivered him to the German 
 sovereign. Under careful guard he was conveyed to a castle in the 
 
 ^'Afterwards a sentence of excommu- pearing on the first summons. Id. 
 
 nication was pronounced against him by Simon de Kyme acted in 3 Rio. I 
 
 Longchamp, because he presumed to (iigijas a justlceitinerant; and iuSRic. 
 
 hold the Great Seal against the statutes I, was one of those who set the tallage of 
 
 of the king and kingdom, as the denun- Lincolnshire, of which county he was 
 
 ciator asserts, and contrary to his pro- sheriff in the seventh and two following 
 
 hibition. Foss's Biogr. Jurid. years of that reign. Id. 
 
 ^Adam de Tornoura was one of four '" Readers of Sir Walter Scott's de- 
 justices itinerant who, in 3 Ric. I lightful works are familiar with his pic- 
 (■1191-2), imposed a fine of forty shil- ture of Richard and 'Saladin, in chapters 
 lings on the hundred of Edelmeton (Ed- 9, 10 and ii of the Talisman, 
 monton) for a murder, and for not ap- 
 
1 189 TO 1 199. 223 
 
 Tyrol, and afterwards to the Emperor's residence at Haguenau and 
 thence to Worms." 
 
 The government of England was under the administration of 
 Waller de Constantius," not only until news of Richard's capture 
 reached England in February 1193, but afterwards, until the terms of 
 his liberation were settled." In the latter part of 1 1 93, the justiciaryship 
 ■was resigned by him*'' and conferred on Hubert Walter, the bishop 
 of Salisbury (mentioned in ch. 11, § 16, p. 209, and in this chapter in 
 § I, note, on p. 215), who, on Richard's pilgrimage, had acted as 
 chaplain, treasurer, captain and ambassador. He was in command 
 of the forces before Acre, and after visiting Jerusalem, led back the 
 English army, visited Richard in captivity, and by him was sent home 
 to raise the ransom and to succeed Reginald Fitz-Josceline as arch- 
 bishop of Canterbury. Hubert was elected archbishop May 30, 11 93; 
 and was raised to the , office of chief justiciary before the end of the 
 year." 
 
 "His appointment as justiciar was almost immediately followed 
 by a complete victory over John, whose rebellion, on the news of 
 Richard's release, he quelled by the prompt use of spiritual as well 
 as temporal arms : in one week he obtained from the clergy a sen- 
 tence of excommunication, and from the assembled barons a declara- 
 tion of outlawry against him ; and he was engaged in the reduction 
 of the castles when Richard landed."*^ 
 
 One writer mentions the 13th of May, 11 94, as the time of Rich- 
 
 *"! Turner's Engl., ch. 10, p. 378 to "Mr. Foss says, in September; Mr. 
 
 400 of edi. 1825; I Mackintosh's Engl., Stubbs says, at Christmas, 1 193. I Const. 
 
 p. 161 to 166, of Phila. edi., 1830. Hist., ch. 12, p. 502.' Mr. Foss men- 
 
 *'He was cautious to avoid under- tions that his power was afterwards 
 
 taking any important act without the greatly increased by his being appointed 
 
 consent of his council. Foss's Biogr. legate of the apostolic See. Biogr. 
 
 Jurid. Jurid. 
 
 *^The negotiations for Richard's ran ^i Stubbs's Const. Hist., ch. 12, p. 
 
 som ended in the agreement that one 502. After being released at Mentx, 
 
 hundred thousand marks of silver should Richard passed with speed to Cologne, 
 
 be paid for his liberation, i Turner's. and thence to Antwerp, whence he em- 
 
 Engl., ch. 10, p. 400, of edi. 1825; 2 barked in an English ship, and arrived at 
 
 Lingard's Engl., ch. 6, p. 345 ; i Mackin- Sandwich after an imprisonment of a 
 
 tosh's Engl., p. 166, of Phil^. ed. 1830. year, six weeks and three days, i Tur- 
 
 *'He died in John's reign. Foss's ner's Engl,, ch. 10, p. 400. 
 Biogr. Jurid. 
 
224 In Reign of Richard I 
 
 ard's landing at Sandwich;*" but March was the month." According^ 
 to Mr. Stubbs, he stayed in England, in 1194, "from March 13 to- 
 May 12.''' 
 
 7. Of additional justices before or about the time of Richard's return 
 
 to England. William- de Longchamp was restored, not to the 
 office of chief justicier, but to that of chancellor. 
 
 Before Richard's return to England, or about that time, there were 
 some additional justices.*' After that return William de Longchamp 
 was restored to the office of chancellor, but not to that of chief 
 justicier.™ 
 
 8. How Richard was occupied in his second visit to England. Of 
 
 the great council in Nottingham, in the spring of 1194; its 
 measures. Sheriffs who had taken part in Longchamp^ s re- 
 moval were displaced, yet transferred to other counties. Richard 
 crowned a second time. 
 
 Richard's second visit to England bore a strong resemblance to- 
 his first It was occupied mainly with attempts to raise money .^"^ 
 After the surrender of the last of John's castles, a great court and 
 council was held at Nottingham, attended by the queen mother, both 
 the archbishops and several bishops and earls. The business lasted 
 four days, from the 30th of March to the 2d of April. On the first 
 day sheriffs were removed and the offices put up for sale. The 
 
 *s I Mackintosh's Engl., p. 166, of in 4 or 5 Ric. I. 
 Phila. edi. 1830. Otho Fitz- William, who, from 28 Hen. 
 
 *' Mr. Turner says he " arrived at II. to 2 Ric. I, was sheriff of Essex and 
 
 Sandwich 20th March, 1194." I Turner's Hertford, acted, in 1 194, as iustice itine- 
 
 Engl., ch. 10, p. 400. rant therein; and, in 1193 or 1194, was 
 
 *8 Select Charters, p. 241. a justicier before whom a fine was levied. 
 
 ^Stephen de Turnham, who, in 1193, Reginald de Argentine is at the end of 
 was appointed to conduct Queen Beren- a list of five justices itinerant who, in 
 garia into Poictou, was, after the king's 1 193, held pleas in Essex and Hertford- 
 return, employed in the Curia Regis as shire, of which counties he was after- 
 one of the justiciers. wards sheriff. Foss's Biogr. Jurid. 
 
 Ranulph de Blundevil (or Blandevil), ^'^ He was the first to discover Richard's 
 
 earl of Chester, appears in 1 1 93 as one prison, and to assist in his restoration to 
 
 of the justiciers before whom a fine was liberty. Id. 
 levied. " Select Charters, pp. 258, 259. 
 
 Stephen de St. yacolo was a justicier 
 
iiSg TO 1199. 
 
 225 
 
 second day was occupied with a question of outlawry against John, 
 and Hugh of Nunant, bishop of Coventry, who had been his chief 
 adviser. The third day (April i) was devoted to finance; and the 
 last day to hearing complaints against the king's brother, Geoffrey, 
 and to the trial of Gerard de Camville.^'' Mr. Stubbs says : 
 
 "The political meaning of the several measures taken on this 
 occasion is probably this : Richard recognized distinctly the fidelity 
 of the chancellor, and thought it necessary to displace all the officers 
 who had shewn any sympathy with John. But he was not prepared 
 to continue to Longchamp the confidence which he, by his impru- 
 dence, had so dangerously abused. The sheriffs, as we learn from 
 the Rolls,"' were nearly all displaced ; and in particular William Bri- 
 wire," Hugh Bardolf,*^ Geoffrey Fitz- Peter ,*^ William Marshall," 
 
 5'^ Eldest son of Richard de Camville, 
 the founder of Combe abbey in War- 
 wickshire. Between his father's death 
 and his own coronation, Richard, not 
 assuming the style and title of ' king,' 
 but only calling himself ' Dominus 
 Anglise,' made a charter confirming to 
 Gerard de Camville and his wife, Nichola, 
 all her right and heritage in England 
 and Normandy, _together with the cus- 
 tody and constableship of Lincoln castle. 
 He was also made sheriff of Lincoln 
 county. Nichola resolutely defended 
 Lincoln castle when Longchamp laid 
 siege to it, and compelled him to with- 
 draw his forces. On the king's return, 
 Gerard was not only deprived of the 
 sheriffalty and constableship, but also of 
 his own estate, and was reduced to the 
 necessity of purchasing restitution of the 
 latter with the king's favour, by a fine of 
 2,000 marks. Foss's Biogr. Jurid. 
 
 ^ 3t)th Report of the Deputy Keeper of 
 the Records. 
 
 ** He who had acted in I Ric. I, in fixing 
 the tallage in Cornwall and Berkshire, 
 acted in the same characte;- in 9 Ric. I, 
 in Nottingham and Derby. After the 
 introduction of fines, his name is found 
 among the justiciers before whom they 
 were levied during the last four years of 
 Richard's reign. After the king's cap- 
 
 15 
 
 tivity, he was one of the ambassadors 
 sent to make a league with the king of 
 France; and he was sheriff of several 
 counties. Foss's Biogr. Jurid. 
 
 ^^ Though the king punished Hugh 
 Bardolf by discharging him from the 
 sheriffalty of York and Westmoreland, 
 yet he did not remain in disgrace. He 
 appears as a justicier in the Curia Regis, 
 on fines levied from 5 to 9 Ric. I ; and, 
 in the last four years of this reign, acted 
 as a justice itinerant in various counties. 
 He was one of those sent to York to 
 determine a controversy between the 
 archbishop and the monks there, and was 
 also entrusted with the sheriffalty of the 
 counties of Northumberland, Dorset and 
 Somerset, Stafford, Wilts and Leicester. 
 Id. 
 
 ^ Geoffrey Fitz-Peter's continued em- 
 ployment during Richard's reign is 
 shewn by his presence when fines were 
 acknowledged at Westminster; in July, 
 1 198 (9 Ric. I), he was placed in the 
 high office of chief justiciary. Id. 
 
 5' Fines were levied before William 
 ^ffl?-«f/4a// in 5 and 10 Ric. I. He held 
 the sheriffalties of Lincoln and of Sussex 
 during part of this reign ; and, about its 
 end, succeeded to the office of marshal 
 upon the death of his elder brother with- 
 out issue. Id. 
 
226 In Reign of Richard I 
 
 Gilbert Pipard, and others who had taken a prominent part in the 
 removal of Longchamp, were transferred to other counties, as if the 
 king, although he could not dispense with their services, wished to 
 show his disapproval of their conduct in the matter. Richard, how- 
 ever, was never vindictive, and would condone any injury for a sub- 
 stantial fine."** 
 
 At Winchester, on the Sunday after Easter, Richard was crowned 
 a second time,*' the archbishop of Canterbury officiating. 
 
 p. Of the king's departure, in May, 1194, accompanied by Eustace 
 ■with the Great Seal. Death, in iigs, of Hugh, bishop of Dur- 
 ham. Offi,cial acts of William Longchamp, until his death, in 
 
 II97- 
 
 On the 1 2th of May, 1194, the king sailed for Normandy,™ accom- 
 panied by Eustace,'' with the Great Seal, for such business as might 
 require it'" while he was abroad. 
 
 In 1195, Hugh Pusar, or Pudsey, the bishop of Durham (men- 
 tioned in § I and § 4, p. 216, and p. 220,) died March 3; in July 
 William Longchamp signed, in the character of chancellor, the 
 treaty of peace between England and France (Rymer i, 66). In the 
 next year he was present at Winchester, when a fine was levied before 
 the king himself There is nothing to show that he did not con- 
 
 ^\ Stubbs's Const. Hist., ch. 12, pp. not been observed since Henry II wore 
 
 502, 503. his crown at Worcester, in 1 158. I 
 
 5' It was apprehended, it might be sup- Stubbs's Const. Hist., ch. 12, p. 504. 
 posed he had, by his captivity in Ger- ™ " Where he was almost immediately 
 many (if not, as was alleged, by a formal reconciled with John, 4nd soon after re- 
 surrender of the kingdom of England to stored to him the county of Mortain, the 
 the Emperor, to receive it again as a fief), earldom of Gloucester and the honour of 
 impaired or •compromised his dignity as a Eye giving him a pension of 8,000 
 crowned king. The Winchester coro pounds Angevin in lieu of his other 
 nation was intended as a solemn asser- estates and dignities." Id., p. 504. 
 tion that the royal dignity had under- ^^Not improbably one of the clerks 
 gone no diminution. The ceremony of in chancery. 
 
 anointing was not repeated, nor was the ^^ In the charters, which Eustace au- 
 
 imposition of the crown a part ot the thenticated, the first of which is dated 
 
 public rite. Richard went in procession April 7, 1195, 6 Rich. I (New Foedera i, 
 
 from his chamber to the cathedral, and 65), he simply uses the terms 'tunc 
 
 -there received the archbishop's blessing. getentis,' or ' tunc agentis vice cancel- 
 
 The occasion resembles the crown-wear- larii.' Foss's Biogr. Jurid. 
 
 ing festivals of the Norman kings, and S' Foss's Biogr. Jurid. 
 was a revival of the custom which had 
 
iiSg TO 1199. 
 
 227 
 
 tinue chancellor till his death. In 11 96 he held the sheriffalty of 
 Sussex and Hertfordshire; and in the latter part of that year, he 
 and Philip, bishop of Durham, were sent to Rome/* He, how- 
 ever, never reached his destination, for, falling sick on the journey _ 
 iie died at Poictiers, on January 31, 1197.°^ 
 
 10. Operations of justice ; and names of justices in and after 
 5 Rich. I. 
 
 Under the administration of Hubert Walter much time was de- 
 voted to the expansion and modification of the plans, whereby 
 Henry H had extended the operations of justice and its profits.'^ In 
 ■addition to such of the justices before named as still remained in 
 office, there were appointments embracing those whose names are 
 subjoined." 
 
 " To induce the supreme pontiff to re- 
 move the interdict which the archbishop 
 of Rouen had pronounced against all 
 ^Normandy. Id. 
 
 *5And was buried in the Cistercian 
 monastery of Fina. Id. Lord Camp- 
 bell's account of Longchamp is in I 
 Lives of the Chancellors, p. io6 to 115 
 -of 2d edi. (1846); p. 105 to 115 edi. 
 
 1874. 
 
 ^ I Stubbs's Const. Hist., ch. 12, p. 505. 
 
 "5 Ric. I, William de Warenne, a 
 justice itinerant; from 7 Ric. to i John, 
 a justicier at Westminster. 
 
 5 to 8 Ric. I, Richard Fitt-Nigel, a 
 regular justicier. He died Sept. 10, 
 1 198. 
 
 5 to 9 Ric. I, Herbert Pauper (bishop 
 of Salisbury). He died May 9, 1217. 
 
 5 to 10 Ric. I, William de St. Marie, 
 Hcclesia (bishop of London). He died 
 March 27, 1224. 
 
 5 Ric. I, to end of reign, Simon de 
 Pateshull. 
 
 6 Ric. I, to end of reign, Richard de 
 Heriet and Godfrey de Luci. 
 
 1 19s, Richard de Pec, a justice itine- 
 rant. 
 
 6 Ric. I, Hugh Peverell, a justicier; 
 and in 8 Ric. I, a justice itinerant. 
 
 7 Ric. I, John Suthill (abbot of 
 Hyde), a justice itinerant in Dorsetshire ; 
 William de Vere (bishop of Hereford), 
 
 justicier and justice itinerant; William 
 de Braiosa (mentioned in ch. 11, p. 
 203 k), a justice itinerant in Staffordshire 
 For the last seven years of this reign he 
 held the sheriffalty of Hereford county. 
 
 7 Ric. I, to the end of the reign, 
 Henry de Chastillon (or Castillion), 
 William de Kunill, (and perhaps Os- 
 bert Pitz-Simon) were justiciers. 
 
 8. Ric. I, Roger de Stikeswald, justice 
 itinerant. 
 
 7,8 and 9 Ric. I, William de Glan- 
 ville and Ralph (arch-deacon of Here- 
 ford) were justiciers. 
 
 7 Ric. I, till end of the reign, Geoffrey 
 de Bocland and Oger Fiiz-Oger. The 
 latter was, in 2 and 5 Ric. I, sheriff of 
 Hampshire; and, in 7 Ric. I, a justice 
 itinerant. 
 
 8 Ric. I, Eustq.ce de Ledenham was 
 one of the justices itinerant. Hugh de 
 Bobi and yohn de Garland acted in dif- 
 ferent counties in setting the tallage. 
 
228 
 
 In Reign of Richard I 
 
 II. Of the visitation by the justices, in September, 1194, under an 
 extensive commission. Its nature. 
 
 Soon after the king's departure there was a visitation by the jus- 
 tices, in September, 1194, under a commission of an extensive char- 
 acter."' 
 
 "By the articles of this 'iter,' the constitution of the grand jury 
 of the county is defined; four knights are to be chosen in the 
 county court, these are to select, on oath, two knights from each 
 hundred, and these two, also on oath, are to add by co-opta- 
 tion ten more for the jury of the hundred; a long list of pleas 
 of the crown and other agenda of the judges, is furnished, which 
 is comprehensive enough to cover all occasions of quarrel and com- 
 plaint since the beginning of the reign. The sheriffs are forbidden 
 to act as justices in their own shires; the election of officers to keep 
 the pleas of the crown, which is ordered by another article, is " per- 
 haps, " the origin of the office of coroner, another limitation of the 
 importance of the sheriffs. The justices are empowered to hear 
 
 8 to 10 Ric. I, Philip of Poictiers 
 (bishop of Durham), a justicier. 
 
 9 Ric. I , Baldwin de Cuserugg, Henry 
 Fitz-Hervey, Robert Fitz-Robert and 
 Henry de Kingston were justices itine- 
 rant. William de Rideware was em- 
 ployed with William Briwer and Simon 
 Bassett in fixing the tallage for Notting- 
 ham and Derby. Peter de Ros, with 
 several associates, fixed the tallage in 
 Cumberland. Roger de St. Edmund is 
 the last of the five who fixed it for Nor- 
 folk and Suffolk. Theobald Walter was 
 one of those to set it in Colchester. 
 
 9 Ric. I, Ralph de Welleford, a. jus- 
 ticier, before whom fines were levied. 
 
 9 Ric. I, Geoffrey, arch-deacon of 
 Berks, the fi^st of four justices itinerant 
 who set the tallage in that county. 
 
 9 Ric. I, to end of reign, James de 
 Poteina, a justicier, and also a justice 
 itinerant. 
 
 9 and 10 Ric. I, Stephen de Turnham, 
 a justicier and justice itinerant. 
 
 10 Ric. I, Roger Fitz-Reinfrid, Richard 
 Flandrensis (or Le Fleming), Godfrey 
 de Insula and William- de Wrotham 
 
 were justiciers. 
 
 Philip Fitz-Robert, Geoffrey Haget 
 and Ranulph (treasurer of Salisbury 
 church) were justices itinerant. 
 
 Ralph de St. Martin is named as one 
 of those fixing the tallage for Surry 
 county. 
 
 *8 Select Charters, p. 250 to 255; 
 I Stubbs's Const. Hist., ch. 12, p. 505. 
 
 ^' Speaking of the 21st clause, which 
 directs that a sheriff shall not be justice 
 in his own county, Mr. Stubbs says, it 
 "marks a distinct middle stbge between 
 the assize of 1166, in which the sheriffs 
 share the office of justice with the 
 itinerant barons and the 24th clause of 
 Magna Charta, which forbids them to 
 hold pleas of the crown." He says 
 further, "The application of jury in- 
 quest to the ascertaining of the king's 
 rights, in ch. 23, is also a precedent for 
 similar acts under Henry III ; and this 
 whole chapter (23), as well as ch. 24," 
 (of Select Charters) " has great social as 
 well as constitutional significance." Se- 
 lect Charters, p. 251. 
 
iiSg TO 1 199. 229 
 
 recognitions by great assize, where lands are concerned, up to the 
 amount of five pounds of annual value; the Jews and their perse- 
 "Cutors, the dead crusaders, the friends, debts and malversations of 
 John, are to be brought into account. Inquiry is to be made into 
 the king's feudal claims, wards, escheats, ferms and churches. And 
 the financial work of the judges is to be completed by the exaction 
 of a tallage from all cities, boroughs and demesnes of the king." '° 
 
 Mr. Stubbs considers " this visitation, which comprehends almost 
 all the points of administrative importance which mark, the preceding 
 reign," as constituting "a stage in the development of the principles 
 of election and representation. The choice of the coroner, and the 
 form prescribed for the election of the grand jury, whether this 
 commission originated them, or merely marked their growth, are" 
 regarded by him as "phenomena of no small signifiance." " 
 
 12. Of Hubert Walter, after 1194, as justiciar and legate. Whether 
 the proclamation for preservation of the peace is the origin of 
 the office of ' conservator of the peace! Hubert Walter offered 
 to resign the^ justiciarship in 1196, but retained the office two 
 years longer. Eustace, bishop of Ely, succeeded Longchamp 
 as chancellor. Of the 'Dialogus de Scaccario,' of which the 
 author was Richard Fitz-Nigel, the treasurer. He died in Sept., 
 1198. 
 
 The kingdom was, after 1194, practically, for the remainder of the 
 reign, under the rule of Hubert Walter, who became papal legate in 
 1195, and acted as justiciar until 1198.'* 
 
 The justiciar, on the reception of his legatine commission, in June, 
 1 195, proceeded to York, where he held a great court for four days." 
 In the same year was issued a ' procl,amation for the preservation of 
 the peace,' which, Mr. Stubbs suggests, is probably the origin of 
 
 ™iStubbs's Const. Hist, ch. 12, pp. " i Stubbs's Const. Hist., ch. i2,p.Sos. 
 
 505 i;o6. " O" ^^^ *^'^^'- ^^ directed his servants 
 
 "Id. The tallage of 1194 was fol- to hear pleas of the crown and assizes, 
 
 lowed by a scutage in 1195, levied on whilst he himself and his officials held a 
 
 those tenante in chief, who had not ac- spiritual court and heard pleas of Chris- 
 
 companied the king to Normandy. This tianity ; on the second he acted as legate, 
 
 is the second scutage of the reign; the and visited St. Mary's abbey; on the 
 
 first was taken in the king's Erst year, on third and fourth he held a provincial 
 
 the pretence of an expedition to Wales. council, which passed fifteen important 
 
 Id., p. 507. ecclesiastical canons. Id., 507. 
 
230 In Reign of Richard I 
 
 the office of conservator of the peace, out of which, in the reign of 
 Edward III, the existing functions of the justices of the peace were 
 developed." 
 
 Hubert Walter, in 1196, offered to resign the justiciarship, but 
 afterwards saw reason to retain the office two years longer.'* Eustace^ 
 mentioned in § 9, p. 226,'* succeeded Longchamp, both in his bishop- 
 ric and his chancellorship. He was raised to the bishopric of Ely 
 August 9, 1 197; and appears as chancellor in 1198." Richard Fitz- 
 Nigel {Xhe. treasurer) died September 10, 1198.™ 
 
 13. In 1198, in a council of barons, the- kings demand of a force- 
 for war in Normandy, was denied, upon the ground that the 
 lands were to render military service within England, and there 
 only. In the same year there was a tax of five shillings on 
 each hundred acres of land. Of the principle applied in the 
 assessment. 
 
 The history of the year 11 98 furnishes two events of great impor- 
 tance. In a council of barons, at Oxford, Hubert Walter, the arch- 
 
 '* Id., 507 ; Select Charters, pp. 255, a most valuable legacy to his successors. 
 
 256. Copies of it are preserved in the black 
 
 '* I Stubbs'sConst. Hist.,ch. 12, p. 508. and red books in the Exchequer. It is 
 
 ™He held, in 1195, the deanery of printed by Madox (ii, 331-452) at the 
 
 Salisbury ; and thereto was added in the end of his history of that court ; and 
 
 following year the arch-deaconry of "in a preliminary dissertation" (Mr. 
 
 Richmond. Foss's Biogr. Jurid. Foss observes) "he has satisfactorily 
 
 "In Feb., 1198, John de Alencon '(nzs established the claim of the bishop to 
 a witness to a charter under the hand of the authorship in opposition to that of 
 Warine, prior of Loches, tunc agentis Gervas of Tilbury, to whom it was for 
 viiem cancellarii nostri. The name of many years attributed." Mr. Stubis has 
 Eustace, as chancellor, appears in a republished it, "as contributing an ex- 
 charter dated Aug. 22, 1 198, ' apud traordinary mass of information on every 
 Rupem Auree VaW (Rymer i, 67) ; he important point in the development of 
 was officially present when a fine was constitutional principles before the great 
 levied at Westminster in the following charter." Select Chsirters, p. 160 to 240. 
 year (Hunter's Preface). Foss's Biogr. He remarks, that "even those portions 
 Jurid. of it which bear more directly on archae- 
 
 '^ The ' Dialogus de Scaccario,' which logical and legal questions are worthy of 
 
 was composed in 23 or 24 Hen. II, and scrutiny, as indications of the spirit of 
 
 describes the Exchequer with all its the time that was preparing for the great 
 
 officers and their duties, and the forms of struggle for law against despotic mis- 
 
 proceeding and their origin, is esteemed rule." Id. 160. 
 
iiSg TO 1 199. 231 
 
 bishop and chief justiciary, laid before them a demand by the kin^ 
 that they should provide him a force for his war in Normandy." 
 
 "The bishop of Lincoln, S. Hugh, of Avalon, the Carthusian 
 friend of Henry II, declared that he would not assent to the grant. 
 In vain the archbishop, and the treasurer, the bishop of London, 
 pleaded the royal necessities ; the independent prelate declared that 
 the lands of his church were bound to render military service within 
 England, and there only ; he had, he said, fought the battle of his 
 church for thirteen years ; this impost he would not pay ; rather than 
 do so, he would go back to his home in Burgundy. To the arch- 
 bishop's further discomfiture, the example of S. Hugh was followed 
 by bishop Herbert of Salisbury, who had the regular ministerial 
 training, and was closely connected with the ruling officers of the 
 Exchequer." 
 
 The opposition was so far successful that the proposal was with- 
 drawn; and shortly afterwards, Hubert Walter resigned the office of 
 chief justiciary. This event is a land-mark of constitutional history : 
 for the second time a constitutional opposition to a royal demand for 
 money is made, and made successfully.™ 
 
 The other remarkable matter of the year is the imposition of a 
 carucage — -a tax of five shillings on each caracate or hundred acres of 
 land. This was the Danegeld, revived in a new arid much more 
 stringent form ; and in order to carry out the plan, a new survey on 
 the principle of Domesday was requisite.*^ Mr. Stubbs says : 
 
 "It may be questioned whether the jurors of 1086 or those of 1198 
 had greater freedom and responsibility ; but we look on the former as 
 part of an institution then for the first time adapted to the adminis- 
 tration of the English government, whilst the latter appear as part of 
 a system, the disciplinary force of which had nearly completed its 
 work : the plan adopted in the Assize of Arms and in the ordinance of 
 the Saladin tithe is now applied to the assessment of real property ; 
 the principle of representation is gradually enlarging its sphere of 
 work, and the process now used for the calculation will before long be 
 
 "Of 300 knights, each to receive and a very distinct ground, i Stubbs's 
 
 three English shillings every day, and Const. Hist.,ch. 12, p. 509. 
 
 to serve for a year. The demand is ™ Id., pp. 509, 510. 
 
 said to have been tinprecedented, con- *' Even from this the justiciers did not 
 
 sidering either the greatness of the shrink. Mr. Stubbs states the nature of 
 
 amount, ^f 16,425, or the definiteness of the inquiry and the machinery used, 
 
 the proposition. But it will be seen i Const. Hist., ch. 12, p. 510. 
 that the actual objection is on another 
 
232 In Reign of Richard I 
 
 applied to the granting of the tax, and ultimately to the determination 
 of its expenditure.'^ 
 
 i^. Of Hubert Wa/ter's resignation in July, 1198, as chief jus- 
 ticiary; and of the laws ordained by his advice. His successor was 
 Geoffrey Fitz-Peter. Of his course. 
 
 Since Richard's second coronation, Hubert Walter had continued 
 for four years to perform the duties of his office with firmness and 
 moderation. " By his advice, weights and measures were regulated, 
 and other laws against fraud were ordained." In July, 1198, Hu- 
 bert's resignation of the office of chief justiciary was reluctantly ac- 
 cepted f' and Geoffrey Fitz-Peter became his successor (July 1 1). He 
 began his career as minister by a severe forest visitation, in the con- 
 ducting of which he reissued and enlarged the Assize of Woodstock. 
 He also directed a new iter of the justices on nearly as large a scale 
 as that of 11 94.** 
 
 i^. Whether Richard had anything to do with the laws of Oleron, or 
 did anything to improve maritime law. Of his death {April 6, 
 1199). He was a bad king. 
 
 John Selden observes, that "the penal laws prescribed by King 
 Richard the first, with regard to the management of his navy, 
 greatly differed from the Imperial laws.'"' 
 
 After what is mentioned in ch. 11, § 17, as enacted by Henry II, in 
 relation to right of property in cases of wreck. Dr. Lingard says, 
 " and by Richard it was added, that if the owner perished, his sons 
 
 '^Id., pp. 510, 511, the resignation of suitors of the county court." He notices 
 
 the chief justiciary took place a few days that " the Forest Assize also directs that 
 
 after the day fixed for the report; and the whole body of the suitors of that 
 
 the tax was not collected without diffi- assembly shall attend at the sessions of 
 
 culty. Id., p. 511. the forest justices." Id., p. 511. 
 
 ^ Foss's Biogr. Jurid. *5 Dissertation ad Fletam, ch. 9, \ 2, 
 
 **I Stubbs's Const. Hist., ch. 12, p. p. 241, of Kelham's translation in 1771. 
 
 511. Observing that "the agenda of He adds, "Neither can anything rela- 
 
 this ' iter' contain a direction for the ting to those laws be found in the regis- 
 
 elections of the nominators of the Great ters of the commanders of his fleet, a 
 
 Assize to be made before the justices," copy of which is preserved in the words 
 
 Mr. Stubbs considers this " a proof that of Roger Hoveden and Matthew Paris." 
 
 these functionaries were not now ap- Id. 
 pointed by the sheriffs, but elected by the 
 
iiSg TO 1 199. 233 
 
 and daughters, and in their default, his brothers and sisters, should 
 have a claim in preference to the crown." *° The Jug emens d' Oleron 
 (or Laws of Oleron*') are supposed to have been compiled about the 
 time of Richard I ; but the honour of this collection is in dispute."* 
 
 Richard died the 6th of April, 1199, on the continent, "and was 
 buried at F"onteverault, at his father's feet." ^ Mr. Turner speaks of 
 this renowned prince as "affording to the world another example — 
 how little, military ambition benefits a nation or blesses its possessor." 
 " He added nothing to our civilization or prosperity. His best intel- 
 lectual feature was his poetical tendency, of which he has left some 
 memorials not uninteresting.""" One lately writing the history of the 
 English people has said of Richard : 
 
 " Destitute of his father's administrative genius, less ingenious in 
 his pohtical conceptions than John, Richard was far from being a 
 mere soldier. A love of adventure, a pride in sheer physical strength, 
 here and there a romantic generosity, jostled roughly with the craft, 
 the unscrupulousness, the violence of his race ; but he was at heart a 
 -Statesman, cool and patient in the execution of his plans, as he was 
 bold in their conception." 
 
 Nevertheless Mr. Stubbs's language may properly be adopted in 
 -concluding a chapter as to Richard. 
 
 "He was a bad king: his great e:sploits, his military skill, his 
 splendour and extravagance, his poetical tastes, his adventurous spirit, 
 ■do not serve to cloak his entire want of sympathy, or even consider- 
 ation, for his people.""' 
 
 ^2 Lingard's Engl., cb. 6, p. 356; Id., 423; MoUoy's de jure maratimo, 
 
 citing Leg. Sax. 313, 342 and Palgrav'e ii, book 2, ch. 5, p. 270, of 8th edi. (1744) ; 
 
 Ixxii. 3 Kent's Com., 12; Hall. Mid. Ages, 
 
 ''Published in the middle of the 17th cb. 9, part 2, p. 278, of vol. 2, Phila. 
 
 century in Cleirac's work entitled Les Us edi., 1824. 
 
 ■et Couturnts de la Mer. Translated into ®I0 Harl. Miscel., p. 291, of edi. 
 
 English, and published in collection of l8lo. 
 
 Sea laws made in reign of Queen Anne. '" l Turner's Engl., ch. 10, p. 401 to 
 
 Printed in appendix to Peters' Adm., 404; and p. 491, note, 115. 
 
 Dec, from copy in Sea Laws, 3 Kent's ^^i Green's Hist, of Engl. Peop.,book 
 
 Com., 13, note. 2, ch. 4, p. 185, of vol. i. 
 
 884 Inst., 144; I Bl. Com., 419; 4 "^ I Const. Hist., ch. 12, p. 512. 
 
234 In Reign of John 
 
 CHAPTER XIII. 
 
 INSTITUTIONS IN THE REIGN OF JOHN— 1199 TO 1216. 
 
 I. Of promises for and by fohn; his coronation May zj, iiggr 
 his divorce from his queen, in 1201, and his marriage to Isa- 
 bella of Angouleme ; his coronation with her at Westminster 
 in 1201, a?id at Canterbury in 1202. His interest in building 
 London bridge. His countenancing the murder of his nephew ; 
 and placing his niece under confinement. Of his mother's 
 death ; and his dominions on the continent. 
 
 Arthur, the son of John's elder (and deceased) brother, Geoffrey, 
 was at one time contemplated by Richard as his successor ; ' but it is 
 said that Richard, towards the close of his life, was more anxious to 
 provide for his brother John.^ While John was still in Normandy,, 
 some were trying to strengthen his position in England.' 
 
 "The archbishop, acting in conjunction with the justiciar and 
 William Marshall, called together at Northampton all those of whom 
 any apprehension was entertained, and made them the most ample 
 promises on behalf of John : not a grievance, public or private, was 
 to remain without redress." — Their "promises were accepted as suf- 
 ficient security, and all the barons, including Earl David, of Hunting- 
 don, the brother of the king of Scots, took the required oaths. In 
 the meanwhile, John, having made good his hold in Normandy, 
 crossed over to England for his coronation, which took place on the 
 feast of the Ascension, May 27, 1199."* 
 
 Mr. Stubbs mentions the words ascribed by Matthew Paris to 
 Hubert — ' that the right to reign is confirmed by the election which 
 
 'i Turner's Engl., ch. n, p. 406, ^ poss's Biogr. Jurid. ; i Stubbs's. 
 
 note 3. Const. Hist., ch. 12, p. 513. 
 
 '^ I Stubbs's Const. Hist., ch. 12, p. *Id., p. 514. 
 513, and note I. 
 
1 199 TO 1216. 235- 
 
 the nation makes, after invoking the grace of the Holy Ghost;' and 
 says, "the archbishop, moreover, when he received the coronation 
 oath, adjured " John, " in God's behalf, that he would not take the 
 honour to himself without a full purpose to keep his oath, and John 
 replied that, by God's help, in good faith, he would keep all that he 
 had sworn." 
 
 "The enunciation,. however, of the elective character of the royal 
 dignity is of importance, whether it be due to the archbishop or to 
 the historian. The circumstances, too, of John's accession recall 
 forcibly those of William Rufus, when Lanfranc strove in vain to 
 bind the conscience of the prince in whose exaltation he had so large 
 a share. In more than one respect Hubert Walter played the part of 
 Lanfranc to John.^ 
 
 John, after a lapse of 12 years since his marriage to Hawisia (or 
 Hadwisa, or Joanna), heiress to the earldom of Gloucester, obtained 
 from the archbishop of- Bordeaux a sentence of divorce, on the plea 
 of consanguinity; and married Isabella, daughter of Aymer (or 
 Arriericus) count of Angouleme. He was crowned with her at West- 
 minster by the primate, October 8, (1201); and the next year the 
 same ceremony was repeated at Canterbury, on the festival of Easter.^ 
 
 John's interest in the building of London bridge, is manifested by 
 his order at MoHneux on the i8th of April, in the third year of his 
 reign. His interest in his nephew, 'Arthur of Bethany, appears in his 
 order dated at Chinon, Aug. 24, 1202, soon after the capture of Mira- 
 beau.' Subsequendy he was present at Rouen on the very day 
 wherein Prince Arthur is said to have disappeared from there.* 
 "That he was murdered by the commands, if not by the hands of 
 his uncle, was the belief of his contemporaries.'" Dr. Lingard says: 
 
 *Id., p. 515; I Mackintosh's Engl., p. i Stubbs's Const. Hist., ch. 12, pp. 516, 
 
 169, of Phila. edi. 1830. The business 517; Miss Strickland's Queens of Engl.,. 
 
 of the coronation was followed by a vol. 2, p. 31, of Phila. edi. 1857. 
 
 ceremony which had been long delayed — 'Penny Magazine for 1845, Sept., p. 
 
 the investiture of William Marshall, as 359. 
 
 earl of Pembroke, and Geoffrey Fitz- « Hardy's Close Rolls, p. 62, of edi. 
 
 Peter, as earl of Essex, i Stubbs's 1833. 
 
 Const. Hist., ch. 12, p. 515; Foss's 'i Turner's Engl., ch. 11, pp. 496, 
 
 Biogr. Jurid. 497. 
 
 ^3 Lingard's Engl., ch. i, pp. 6, 7; 
 
236 In Reign of John 
 
 "Arthur was transferred to the castle of Rouen, and confined in a 
 ■dungeon of the new tower. Within a few months he had disap- 
 peared. If the manner of his death could have borne investigation, 
 John, for his own honour, would have made it public. His silence 
 proves that the young prince was murdered. Report ascribed his 
 fate to the dagger of his uncle ; but the king of England could surely 
 have hired an assassin, without actually dipping his hands in the 
 blood of a nephew. His niece, Eleanor, the sister of Arthur, and 
 ■commonly called the maid of Bretagne, was sent to England, and 
 placed under rigorous but honorable confinement, that she might not, 
 by marriage with a foreign prince, raise up a new competitor for the 
 succession of her father." " 
 
 "In November, 1203, John returned to England, and left Normandy 
 to its fate; he distrusted the barons, and they distrusted him." — 
 John's mother (" Eleanor) died on the ist of April, 1204; and the 
 month of July saw Philip supreme in the whole of Normandy, Maine, 
 Anjou and Touraine. John never again set foot in Normandy."" 
 
 2. Geoffrey Fitz-Peter, earl of Essex, continued as chief justiciary. 
 Hubert Walter, the archbishop of Canterbury, undertook the 
 chancellorship. This regarded as proof that the office of chan- 
 cellor was advancing. Of Hubert Walter's death, in 1205. 
 To whom fohn then sold the chancery. Who was recom- 
 mended by him for archbishop of Canterbury ; and who was 
 preferred by the pope. 
 
 Geoffrey Fitz-Peter continued in the office of chief justiciary." 
 Hubert Walter, the archbishop who had placed the crown on John's 
 head, undertook the chancellorship." The "ordinance of the king 
 concerning the fees of the Great Seal of England," is "under the 
 hand of Hubert, archbishop of Canterbury, our chancellor at North- 
 ampton, on the 7th day of June, in the first year of our reign." " It 
 was sneeringly observed to Hubert that, ' heretofore, chancellors have 
 been created archbishops, but no archbishop before you, has vouch- 
 
 i''3 Lingard's Engl., ch. i, pp. 8, 9; "attained his earldom partly by a for- 
 
 I Mackintosh's Engl., pp. 171, 172, of tunate marriage, and partly by making 
 
 Phila. edi. 1830. the best of his opportunities as one of the 
 
 "i Stubbs's Const. Hist., ch. \i, p. king's counsellors." i Stubbs's Const. 
 
 518. Eleanora "was buried by the side Hist, ch. 12, p. 524. 
 
 of Henry II at Fontevraud." Miss ''Id., pp. 515, 516. 
 
 Strickland's Queens of England, vol.2, "(Feed. 95). I Campbell's Lives of 
 
 p. 35, Phila. edi. 1859. the Chancellors, ch. 6, p. 120, of edi. 
 
 '^Trained in the school of Henry II, 1846; p. 117 of edi. 1874. 
 under Glanvill and Hubert Walter; he 
 
II99 TO 1216. 237 
 
 safed to become chancellor.' Mr. Foss regards this as merely proving- 
 " that the office of chancellor was then advancing in importance, and 
 was rapidly treading on the heels of that of chief justiciary, which, 
 in a few years, in reference to all political power, it entirely super- 
 seded.'"" Hubert may have seen that John would need both advice 
 and restraint, which no one of inferior position or weaker character 
 would be able to enforce. Not only for him, but also for Geoffrey 
 Fitz-Peter, it may be said in excuse of retaining position under John 
 so long, that it was probably, in part, from an impression that a 
 resignation of office would cause it to fall into worse hands. 
 
 Hubert performed well the duties of the chancellorship." By his 
 death, (July, 1205,) John lost his wisest adviser. Soon Walter de 
 Grey purchased the chancery for 5,000 marks;" and his uncle, /o^w 
 de Grey^^ (or Gray), was recommended for archbishop of Canterbury. 
 Pope Innocent had objections to his appointment, and desired to dis- 
 cover a substitute likely to prove acceptable to the king. 
 
 " He persuaded himself that there was one, at that very time in 
 Rome, Stephen Langton, an Englishman, whose merit had raised 
 him to the rectorship of the university of Paris, and had induced 
 
 *' Biogr. Jurid. wit, for both of which he was remark- 
 
 '°l Stubbs's Const. Hist., ch. 12, p. able, soon made him a favorite with king 
 
 516, and pp. 523, 524; Foss's Biogr. John, who procured his election to the 
 
 Jurid. bishopric of Norwich, September 24, 
 
 "To be paid by instalments of 500 1200. From the scene of contention 
 
 pounds, at the feast of St. Andrew and that arose as to the archbishopric, John 
 Pentecost, in each year. The charter, . de Grey was removed by being sent as 
 
 confirming this grant, is dated Oct. 2, lord deputy to Ireland, where shortly 
 
 1205 (7 John); his uncle (John de after, in 1210, he aided king John (on 
 
 Grey) makes himself responsible on the his visit there) in the introduction of 
 
 roll for the payment of the fine. Foss's English laws. In 1214, in returning from 
 
 • Biogr. Jurid. an embassy to Rome, he became sick at 
 
 1* A native of Norfolk, about the year Poictiers, and died there Nov. i . His 
 
 1200, preferred to the arch-deaconry of remains were brought to England and 
 
 Cleveland, which he exchanged for that interred in his cathedral (at Norwich). 
 
 of Gloucester. Though Sir T. Hardy Mr. Foss says, " He was a man of 
 
 has inserted his name among the keepers agreeable manners and sprightly con- 
 
 of the Great Seal, it is doubted whether versation, well informed and intelligent, 
 
 he is entitled to any other designation ready in counsel and energetic in action, 
 
 than that of a mere officer, who affixed He was fond of antiquarian studies, and 
 
 the seal for archbishop Hubert, the chan- the author of some historical and other 
 
 cellor at the time. His erudition and his works." Biogr.. Jurid. 
 
238 In Reign of John 
 
 Innocent to invite him from Paris to the Papal court, and to create 
 him cardinal of St. Chrysogonus. Nor was he unknown to John, 
 who had corresponded with him and expressed a high esteem of his 
 worth and acquirements. But the monarch would not hear of his 
 promotion in the place of his favorite." " 
 
 J. Of charters of cities and boroughs. William of Ely the kin^s 
 treasurer. How far sheriffs were changed. Names of sheriffs, 
 and of constables of castles. 
 
 Charters of cities and boroughs were granted by John in 1199, 
 and several succeeding years.™ During the whole reign William of 
 Ely, a canon of the church of Lincoln, was the king's treasurer." 
 ■ Sheriffs may have been changed to some extent;''^ yet the state- 
 ment that most of them were either removed to other counties or 
 dismissed altogether,^' should, perhaps, not be taken literally. For 
 it appears that William de Braiosa, who was a sheriff in the reigns 
 of Hen. II and Ric. I, was, on John's accession continued in the 
 office of sheriff of his county for some years." ^^ William Briwer 
 was sheriff of several counties, not only in Richard's reign, but in 
 subsequent reigns.^ After the death of Henry de Cornhill, in 4 or 5 
 Ric. I, Reginald de Cornhill, or his son of the sarhe name, held the 
 
 1*3 Lingard's Engl., ch. I, pp. 18, 19. the capture of his wife and their eldest 
 
 ^"Some are in Select Charters, p. 299 son, William, whom King John, in 1210, 
 
 to 306. barbarously commanded to be famished 
 
 ^' In ID John (1208), he is mentioned in their prison in Windsor castle. The 
 
 in that character as a justicier before baron himself escaped, in the habit of a 
 
 whom fines were acknowledged. In 8 beggar, into France, where he died 
 
 Hen. Ill, Dugdale recording his death, about 1212, and was buried in the abbey 
 
 calls him then ' Anglise Thesaurius.' of St. Victor, at Paris. Though he had 
 
 Foss's Biogr. Jurid; citing Rot. Chart. been a bold and active soldier, he is said 
 
 49. to have been of a pious and kindly dis- 
 
 '"^ Hugh de (Shaucomb, who, in the position. Foss's Biogr. Jurid. 
 last three years of Richard's reign, was ^° The rolls also teem with grants of 
 ■sheriff of Staffordshire, held from 6 to 9 all kinds — of manors, lands, marshals, 
 John the same office in Warwickshire custodies, wardships, licenses for build- 
 and Leicestershire. Foss's Biogr. Jurid. ing castles, and of various other privi- 
 es I Stubbs's Const. Hist., ch. 12, p. leges, besides presents of wine, and on 
 516. one occasion of a captured ship. In 
 '^^ Foss's Biogr. Jurid. After having frequent attendance on king John, he 
 received favours from John, he was accompanied him to Ireland, dined with 
 about the gth or loth year of his reign him at his table, eating flesh on certain 
 the subject of persecution. Whatever prohibited days, for which indulgence 
 may have been the cause, the result was money was given to the poor ; and ad- 
 
II99 'fo 1216. 239 
 
 sheriffalty 'of Kent, with some short interval, until 5 Hen. 111.''° 
 Simon de Pateshull held the sheriffalty of Northampton, from 6 Ric. 
 I to 5 John." Robert Fitz-Roger, who became sheriff of Norfolk 
 and Suffolk in 3 Ric. I, held the office at intervals till 14 John.^^ 
 Robert de Braybroc, who in 10 Ric. I was sheriff of the counties of 
 Bedford and Buckingham, under William de Albini, continued to 
 hold this office, with an interval of two or three years, till 15 John. 
 He was also sheriff of the county of Northampton from 10 to 15 
 John; and of Rudand from 12 to 15 John.^' He was succeeded in 
 the sheriffalties by his son, Henry de Braybroc, who, during the last 
 two or three years of his father's life, had been united with him 
 therein.'" Hugh Bardolph, who, in Richard's reign, was entrusted 
 -with the sheriffalty of the counties of Northumberland, Dorset and 
 Somerset, Stafford, Wilts and Leicester, continued under king John 
 in some of these, with the addition of Derby, Nottingham, Devon 
 and Cornwall." During John's reign, William Mareschall (or Mar- 
 shall) earl of Pembroke, was entrusted with the sheriffalties of Glou- 
 cestershire, Sussex and Surrey.'"' On the accession of king John, 
 Gerard de Camville recovered his sheriffalty '^ (mentioned in ch. xii, 
 
 hering to him in all his troubles ; he was ™ Id. 
 
 a witness to a renunciation of his crown ^^In I John he was custos of the 
 
 to the pope. In 15 John, he was made castle of Tickhill, and had a grant 
 
 seneschal to the king in conjunction with of the manor of Brumegrave-cnm-Norton. 
 
 W. de Cantalupe, and when the king Foss's Biogr. Jurid. 
 
 marched northwards, in 1215, he was 82 And with the custody of the castles 
 
 one of those entrusted with the command of Carmarthen, Cardigan and Goher. 
 
 of some of the forces left to check the He seems to have been in attendance on 
 
 barons remaining in London. Foss's the king, except when engaged in active 
 
 Biogr. Jurid. services confided to him. In 1201 he 
 
 ^ He succeeded his brother also in the was with the king in Normandy, and in 
 
 management of the mint of England, 1209 in Ireland, where he was left as 
 
 and continued in connection with it and lord deputy. Id. 
 
 with the treasury till late in the reign of ^' Which he retained till the end of 7 
 
 John. Id. John. And he received other proofs of 
 
 2' Id. the king's regard. When the kingdom 
 
 '*/a?., King John granted him a char- was placed under interdict in 9 John, the 
 
 ter of confirmation of his inheritance of king committed to him and to William 
 
 the castle and manor of Warkworth, in de Cornhill all the lands and goods of 
 
 Northumberland, of which county he the clergy in the diocese of Lincoln who 
 
 held the sheriffalty from 3 to 14 John. refused to perform divine service (Cal. 
 
 Id. Rot. Pat. 3). Id. 
 
240 
 
 In Reign of John 
 
 § 8, p. 235). To James de Poterna, who, in 1200, was uflder-sherifT 
 of York (to Geoffrey Fitz-Peter), the county of Wilts was committed 
 in 5 John.'* In 6 and 7 John, Robert de Salceto (or de la Saueey) 
 held the sheriffalty of Northamptonshire with Henry Fitz-Peter (or 
 de Northampton).'* In 7 John, and the two following years, Thomas 
 de Muleton was sheriff of Lincolnshire.'* 
 
 Faukes de Breaute, who, in 7 John, was sent with others to Poictou 
 with 1,000 marks, was, in 10 John, sheriff of Glamorganshire." At 
 a later period the castles and sheriffalties of Oxford, Northampton, 
 Bedford and Buckingham, and Huntingdon and Cambridge were 
 entrusted to him.'" 
 
 In 14 John, John Fitz-Robert was appointed to the sheriffalty of 
 Norfolk and Suffolk, which he 'held for the next two years." In 17 
 John, Ralph de Hareng (a justiciar in 10 John) was sheriff of the 
 
 "Id. 
 
 ^"Foss's Biogr. Jurid. 
 
 '^For which appointment he paid a 
 fine of 500 marks and five palfreys, 
 Early in this reign he was married to 
 the daughter of Richard Delfliet. On 
 her death, he, without applying for the 
 king's license, contracted a second mar- 
 riage with Ada, the widow of Richard 
 de Luci of Egreraont, and daughter of 
 Hugh de Moreville. His lands in Cum- 
 berland were seized therefor, and only 
 restored on the payment of a large fine. 
 Though for a time in disgrace, it ap- 
 pears that he accompanied the king to 
 Ireland in 12 John, and was in employ- 
 ment with him in 14 John, and attested 
 charters in this and the two following 
 years. Having joined the party of the 
 barons, he was taken prisoner with his 
 son Alan in the castle of Rochester, and 
 now he was imprisoned in the castle of 
 Corff; and his own castle and other pos- 
 sessions were seized into the king's 
 hands. Id. 
 
 "And was actively employed in the 
 Welsh marches until 15 John. Then he 
 was sent with the earl of Salisbury and 
 others on a mission to Flanders, taking 
 with them 10,000 marks. Zealously 
 
 supporting King John in the wars with 
 his barons during the last years of his 
 reign, he was one of the generals left tO' 
 check them in London, when tjie king 
 marched to the north in IZI5. In the 
 following November he took the castle of 
 William Malduit, of Hamslape, and a 
 few days afterwards that of Bedford. 
 The king granted him the latter castle, 
 and also gave him in marrjage a rich 
 but unwilling bride, Margaret, daughter 
 of Warin Fitz-Gerald, and widow of 
 Baldwin de Ripariis (or de Betun), earl 
 of Albemarle, the son of William, earl., 
 of Devons, together with the wardship 
 of her son, Baldwin, and the custody of 
 his lands. Part of these were in South 
 Lambeth, where he built a hall or man- 
 sion house, which was called by his 
 name. Faukes was also appointed sene- 
 schal to the king, and obtained a 
 mandate for all constables to treat him 
 hospitably when he came to their castles. 
 Foss's Biogr. Jurid. 
 
 38 Id. 
 
 3' He then joined the insurgent barons ; 
 he was one of the twenty-five to whom 
 was entrusted the enforcement of Slagna 
 Charta. Foss's Biogr. Jurid. 
 
1 199 TO 1216. 241 
 
 counties of Buckingham and Bedford ; Walter de Beauchamp (Bella 
 Campo) was entrusted with the sheriffalty of Worcestershire; and 
 Robert de Beauchamp was sheriff of Oxfordshire and constable of 
 the castle of Oxford/" 
 
 Philip de Ulecot, a northern knight of great power and possessions, 
 was fined £,100 and a complete horse, in the first year of John's 
 reign, for his marriage with Johanna, the sister of the wife of Sewel 
 Fitz-Henry; but part of this fine was subsequently remitted. In 5 
 John he was appointed constable of Chinon in Touraine; and it 
 would seem that he was taken in battle; a very large sum (200 
 marks) was given for his redemption. In 14 John he had the office 
 of forester of Northumberland, with a grant of several manors. To 
 these was added the sheriffalty of that county, in conjunction with 
 Earl Warren and the arch-deacon of Durham, who, with him, were 
 also appointed custodes of the bishopric of Durham during its va- 
 cancy. The sheriffalty he afterwards held alone for the remainder 
 of this reign.'^ 
 
 Robert de Veteri Ponte, whose ancestor of the same name (Vieux- 
 pont, or Vipont) flourished in the Conqueror's reign, was in continual 
 attendance on John during a large portion of his reign, and rendered 
 services, of which that king shewed his • appreciation by a grant in 4 
 John of the castles of Appleby and Burgh, with the barony of the 
 former, including divers manors and castles, among which was 
 Brougham Castle ; and afterwards the sheriffwick of the county of 
 Westmoreland, and the bailiwick of Rouen. In 5 John was commit- 
 ted to him the castle of Bowes, in Richmondshire, and the bailiwick 
 of Caen, in Normandy. In the following year he was appointed con- 
 stable of Nottingham castle, with the sheriffalty of that county and of 
 Derby, in which he continued till 1 1 John. During the remainder of 
 this reign he had other responsible and important trusts, among which 
 
 ^Toss's Biogr, Jurid. The manor Baliol, governors of all the country to 
 
 and park of Woodstock were also com- the north of the Tees, they stoutly de- 
 
 mitted to his, Robert's charge. Id. fended the castles committed to their 
 
 "And the first four years of the reign charge from the attacks made upon them 
 of Henry III. In 1216, King John by the King of Scots in behalf of Louis- 
 having constituted him and Hugo de - of France. Foss's Biogr. Jurid. 
 16 
 
242 
 
 In Reign of John 
 
 were from 12 to 17 John the sheriffalty of Devonshire, and from 12 
 to 15 John that of Wiltshire.*' 
 
 There is in 9 John a curious entry, authorizing the constable of 
 Winchester castle to permit John de Bianney, a knight whom he had 
 in custody, to go out of his prison twice a day or more, ' ad esker- 
 miandum,' so that he retained Oliver de Vaux in his place till his 
 return, when Oliver might be discharged. A caution, however, is 
 given to the constable, as he loves his goods and his body, to keep 
 Jordan safe.^ / 
 
 ^. Of the justices, in the reign of Richard, a considerable number 
 acted in that of John. Names of justices. Order that persons 
 charged with homicide be kept in jail until after trial. 
 
 There is no reason to doubt of there being a sufficient number of 
 justices. For of those in office, in the reign of Richard, a consider- 
 able number acted in that of John." And in almost every year there 
 were additional appointments of justices.*' 
 
 *^In 17 John, he was entrusted with 
 the custody of the castles of Carlisle and 
 Durham, together with the county of 
 Cumberland and all the manors on the 
 Tyne and the Tees; and with Brijn de 
 Insula and Geoffrey de Luci, was ap- 
 pointed the king's lieutenant of all the 
 castles and other royal possessions in 
 Yorkshire. — Id. 
 
 ^^Foss's Biogr.' Jurid., tit. Oliver de 
 Vaux. In 12 John, Oliver accompanied 
 the king to Ireland, but afterwards join- 
 ing the barons against the king, Oliver's 
 possessions were seized and distributed 
 among the adherents to the royal cause. 
 Id. 
 
 «In the reigns of Hen. II, Rich. I 
 and John, the scutage of Hugh Bar- 
 ■dolf, in the several counties of Warwick, 
 Leicester, Kent, Oxford, Norfolk and 
 Suffolk, where his property lay, was ex- 
 cused 'pro libertate sedendi ad Scacca- 
 rium ;' and, in John's reign, he con- 
 tinued to act on the circuits as a justice 
 itinerant — as well as in the Curia Regis 
 
 as a justicier before whom fines were 
 levied — till the 5th year. 
 
 " About that time he died, as, in the 
 next year, Amabilis de Limesey, who 
 was his wife, fined in 2,000 marks and 
 five palfreys that she should not be com- 
 pelled to marry again, and that she 
 should be quit of all aids to the sheriff, 
 and as long as she should be a widow, 
 after the death of John de Braiosa, her 
 late husband [Sot. de Fin. 82). This 
 seems to shew that soon after the death 
 of Hugh Bardolf she had married a 
 second husband, who had since died : it 
 appears that in the previous year Wil- 
 liam de Braiosa had given a fine to have 
 her for the wife of one of his sons (Dug- 
 dale's Baron, i, 415)." Foss's Biogr. 
 Jurid. 
 
 Osborne Fitz-Hervey appears as a jus- 
 ticier of the king's court at Westminster 
 for twenty-five years, viz : from 28 Hen. 
 II, 1182, till 7 John (1205-6); in almost 
 every year of which he was present when 
 fines were levied there, and frequently 
 
II99 TO 1216. 243 
 
 From Woodstock, on November 8th, in 9 John, was the fol- 
 
 •3ie performed the duties of a justice 
 itinerant. Joceline de Brakelonda re- 
 cords that he was sub-sheriff of Norfolk 
 and Suffolk. He married Dyonisia, 
 daughter of Geoffrey de Grey, and died 
 in April t2o6, leaving an only son, 
 Adam, who married Juliana, the daughter 
 of the justicier, John Fitz-Hugh. Id. 
 
 Simon de Pateshull, from 5 Ric. I, 
 till the end of John's reign, performed 
 the duties of a justicier, besides acting 
 as a justice of the Jews (Madox i, 235 ; 
 ii, 315). After mentioning that his 
 position, during the principal part of 
 John's reign, was evidently very high, 
 Mr. Foss remarks, that "from the fact 
 that many of the mandates in causes 
 before the court are addressed ' Rex 
 Sim. de Pateshull, et jociis suis, justiciis 
 iuis^ an inference may perhaps be 
 drawn that he was at the head of that 
 division of the Curia Regis in which 
 -•Common Pleas' were tried." It is sup- 
 posed that he died before March, 121 6. 
 Jd. 
 
 From 9 Ric. I, till the end of John's 
 reign, James de Poterna acted as a jus- 
 ticier, and on various itinera. On one 
 occasion, for granting leave to settle a 
 cause without the king's license, he and 
 Simon de Pateshull incurred each a fine 
 of loo marks, which, however, was 
 afterwards remitted. Id. 
 
 Richard de Heriet, who was sheriff of 
 Essex and Hertfordshire, in 4 Ric. I, 
 acted from 6 Ric. I to 6 John as a justi- 
 cier in the Curia Regis at Westminster. 
 He died in 1208. Id. 
 
 Walter de Crepping, one of the jus- 
 tices itinerant, who set the tallage on 
 Essex in 8 Kic. I, and was soon after 
 raised to the bench at Westminster, ap- 
 pears in many fines levied during the 
 first, eleven years of John's reign', and 
 he is named in a record of 1 3 John 
 <Mafiox i, 704; Abb. Placit. 82). Id. 
 
 Richard Flandrensis (or Le Fleming) 
 was one of the justiciers before whom 
 fines were levied at Westminster in the 
 last year of Richard's reign, and the 
 first three years of that of John. In 
 3 John, and the two following years, he 
 held the sheriffalty of Cornwall, and was 
 connected with the receipt of the king's 
 revenue in Devonshire. Id. 
 
 Godfrey de Insula appears among the 
 justiciers before whom fines were levied, 
 from 10 Ric. I to 10 John, and as a 
 judge in the rolls of the Curia Regis in 
 13 John. Id. 
 
 Ralph de Welleford was in 9 Ric. I, 
 and I John, among the justiciers before 
 whom fines were levied ; and, in 3 John, 
 was one of the justiciers itinerant into 
 Gloucestershire. He is mentioned as 
 one of the pledges for the fine which 
 Alicia, countess of Warwick, agreed to 
 pay for her widowhood, to the extent 
 of ;,f2O0. Id. 
 
 . Stephen de lurnham, who, in the 
 last two years of Richard's reign, ap- 
 pears on fines levied in the Curia Regis, 
 and as a justice itinerant in the coun- 
 ties of Essex, Hertford and Surrey, was, 
 during the first four years of John's 
 reign, engaged in the same duties. He 
 died in 1 5 John, in which year his widow 
 paid sixty marks and a palfrey for liberty 
 to marry with whom she pleased. 
 
 Richard Barre, who, in 7 Ric. I, was 
 one of the justices itinerant in Devon- 
 shire,' appears from that year, till i John 
 inclusive, among the justices taking fines 
 in the Curia Regis. Id. 
 
 Before Robert Fitz-Roger, who was in 
 the Curia Regis in 3 Ric. I, and a justice 
 itinerant in 1197 and 1198, fines were 
 levied in 3 John. He died in 14 John. 
 Id. 
 
 Reginald de Argentine, who, in 1193, 
 had been a justice itinerant in Essex and 
 Hertfordshire, was, in 3 and 4 John, pre - 
 
244 In Reign of John 
 
 lowing order from "the king to all his justices and faithful people": 
 
 sent in the court at Westminster. Id. 
 
 Roger Arundel, who, in i Ric. I, had 
 been a justice itinerant in Yorkshire, with 
 Hugh Purser (bishop of Durham) and 
 others, and, in 9 Ric. I, performed a like 
 duty in northern counties, was a justicier 
 in 4, and also in 8 John. Id. 
 
 Henry de Northampton, who acted as 
 a justice itinerant in : Ric. I, had fines 
 levied before him in 4 John and 10 John 
 as a justicier, both at Westminster and in 
 the country. Id. 
 
 **In I Jphn, and during the whole of 
 this reign, Eustace de Fauconbridge, 
 He was employed in 1204 upon an em- 
 bassy to France. Foss's Biogr. Jurid. 
 
 In I John, William de Faleise. He 
 held a high and responsible oflSce in the 
 treasury. For the first nine years of 
 John's reign he was the custos of the 
 honor of Gloucester; at a later period 
 he and Maurice de Tureville had the 
 custody of Winchester castle. He died 
 in 1232. Id. 
 
 In I John, Henry, of London (arch- 
 deacon of Stafford), was one of the jus- 
 tices itinerant who fixed the tallage in 
 Berkshire, and a justicier before whom 
 fines were levied. In 3 John he went on 
 an embassy to the Icing of Navarre {Rot. 
 Pat. 3) ; and, in 5 John, on another to 
 the king of Connaught (^Rot. de Liberate 
 83). After his return to England he re- 
 sumed his duties as one of the regular 
 justiciers (Rot. de Fin. 306, 398, 401), 
 and had various ecclesiastical prefer- 
 ments, terminating in March, 1213, with 
 the arch-bishopric of Dublin. Id. 
 
 Henry de Wichinton, a justicier in 
 the first three years of this reign. Id. 
 
 I and 8 John, Robert de Braybroc ap- 
 pears among the justiciers before whom 
 fines were acknowledged. 
 
 1 to 10 John, Reginald de Cornhill is 
 present at fines. Id. 
 
 2 John (and also 3 John), Ralph Morin 
 
 was a justicier in the country where fines 
 were levied. In the first of these years 
 he was appointed sheriff of Devonshire. 
 Id. 
 
 2 and 3 John, Stephen de Clay, a; 
 justicier before whom fines were levied. 
 Id. 
 
 2 to 8 John, John de Grey (or Gray), 
 bishop of Norwich, and Ralph de Stoke^ 
 justiciers at Westminster, and on the cir- 
 cuits. Id. 
 
 3 John, Richard Malebyssc was a jus- 
 tice itinerant to fix the tallage in York- 
 shire ; in 4 John, he was present at West- 
 minster, where fines were acknowledged. 
 He died in 11 John (1209). Id. 
 
 3 and 4 John, Reginald de Argentine 
 a justicier before whom fines were levied. 
 Foss's Biogr. Jurid. 
 
 4 and 10 John, Alexander de Poynton 
 acted both at Westminster and in the 
 country. Id. 
 
 5 John, Josceline de Wells, a justicier 
 at Westminster and in the country. At 
 a later period he was bishop of Bath and 
 Wells. Id. 
 
 Hugh de Chaucomb, who, in 2 John, 
 was a justicier in Normandy, was, in 
 5 John, one of the justiciers before 
 whom fines were acknowledged in 
 Hampshire and Nottinghamshire. Id. 
 
 5 to 10 John, William de Cantilupe, a 
 justicier before whom fines were ac- 
 knowledged. In 3 John he was steward 
 of the household ; in the following year, 
 sheriff of Worcestershire, Warwick and 
 Leicester, and Hereford; over one or 
 the other of these counties he presided 
 for many years. Id. 
 
 6 John, Robert Marmion, a justicier 
 before whom fines were levied in the 
 country. Id. 
 
 Richard de Mucegros, a justicier for 
 six years, in one of which (9 John) he 
 was sheriff of Gloucestershire. Id. 
 
 8 John, Peter de Rapibus, a Poictevin 
 
1 199 TO 1216. 245 
 
 "We stricdy prohibit anyone charged with homicide from being 
 
 ^y birth, who, in the reigns of Hen. II 
 and Ric. I, was a clerk in the king's 
 chamber; and, in that of the former, held 
 the rectory of Dartford, in Kent. In 
 I John he is called • cUricus nosier,' and 
 mentioned as prior of Loches. In 3 
 John he was treasurer of Poictiers, and 
 arch-deacon of the church there. About 
 the same time he was raised to the dig- 
 nities of arch-deacon of Stafford, and 
 precentor of Lincoln, and soon after was 
 elevated to the episcopal bench, being 
 consecrated bishop of Winchester, at 
 Home, Sept. 5, 1205. Roger de Wend- 
 over (iii, 181), in announcing his elec- 
 tion, calls him 'vir equesiris ordinis et 
 in rebtis bellicosis eruditus.' The king, 
 on this occasion, presented him with 
 2,000 marks (Madox i, 388). He was 
 in continual attendance on the king in 
 his progresses throughout the kingdom, 
 and, throughout the king's difficulties, 
 acted as one of his counsellors. In 1208 
 fines were levied before him in the king's 
 court. Id. 
 
 8 John, Walter de Bomngton, Roger de 
 Huntingfield, Robert de Vetere Ponte, 
 Humfrey, arch-deacon of Sarum, 
 Richard de Seinges and Henry Fitz- 
 Ailwyn were justiciers before whom 
 fines were levied. The latter was 
 mayor of London from 1189 till his 
 death, in 14 John. Id. 
 
 8 John, Simon de Kyme, one of the 
 justiciers sent to Lincoln to clear the 
 jail there, and to hear an appeal. Id. 
 
 9 to 16 John, Henry Ponte Audomare 
 a justicier at Westminster, and in the 
 <:ountry. Id. 
 
 10 John, William de Cornhill, a justi- 
 cier in fines levied. He was conse- 
 crated bishop of Coventry and Litch- 
 field Jan. 1215 (17 John). Id. 
 
 10 John, William de Ely, a justicier 
 in fines. He was treasurer during the 
 whole reign. Id. 
 
 ID John, Robert de Percy, Henry 
 Fitz-Hervey and John Fitz-Hugh, jus- 
 ticiers in fines. The latter is noticed as 
 constable of Windsor castle, and in cus- 
 tody of it throughout the reign. In 10 
 and 12 John he held the sheriffalty of 
 Sussex, and during the three following 
 years that of Surrey. Id. 
 
 10 John, Ralph Hareing, a justicier. 
 In 17 John he was sheriff of the coun- 
 ^ties of Buckingham and Bedford ; in the 
 next year he was employed on a mis- 
 sion. Id. 
 
 10 John, Roger de Lacy, a justicier. 
 After 1204 he was sheriff of the coun- 
 ties of York and Cumberland, with the 
 custody of their castles. He had a high 
 place in the king's confidence, and was 
 on terms of familiarity with him. Id. 
 
 10 John, Robert Malduit, a justicier. 
 In I John he obtained the custody of 
 Rockingham castle. He was, from 2 to 
 7 John, sheriff of Rutland, and, during 
 the whole reign, was chamberlain of the 
 Exchequer. Id. 
 
 10 John, William de Wrotham, a jus- 
 ticier in this and some previous years. 
 In the early part of this reign he was 
 sheriff of Devonshire. Id. 
 
 ip John, William, arch-deacon of 
 Hereford, and Adam de Port, justiciers 
 in fines. On June 25, 1213 (15 John), 
 the custody of the castle of Southampton 
 was committed to the latter, but before 
 the 25th of the following month he died. 
 Id. 
 
 10 and II John, William de Camville, 
 William Furnellis (or Fumaus) and 
 William de Huntingfield, justices itine- 
 rant at Cambridge. The last named was 
 appointed constable of Dover castle in 5 
 John ; and, from 11 to 15 John, held the 
 sheriffalty of the counties of Norfolk and 
 Suffolk. The first named died in 16 
 John. Thereafter his wife, Nicola, held 
 the sheriffalty of Lincolnshire, and was 
 
246 In Reign of John 
 
 bailed, or committed to custody, or placed in hostage, unless by our 
 special command, but to be safely kept in jail until after his trial 
 before our justices."'" 
 
 J. Sir Robert Cotton supposes that the commons were admitted, 
 and tlieir counsels used in the 6th year of John's reign. This,, 
 .noticed in connection with grounds of complaint of the barons 
 against John, accumulating from 1200 to 1213. In 121J is the 
 first occasion on which Mr. Stubbs finds proof that represent- 
 atives were summoned to a national council. What was done 
 with the seal when Walter de Grey, the chancellor, departed' 
 in October, 1213; and how, in his absence, Peter de Rupibus- 
 was chancellor. 
 
 In an article upon "the antiquity and dignity of parliaments," Sir 
 Robert Cotton says of John : 
 
 "Before this king's time, then, we seek in vain for any commons 
 called; they were ever called for making laws, but not to consult 
 touching war or peace; he first, as may be gathered (though darkly 
 by the records), used their counsels and assents in the sixth year of 
 his reign."" 
 
 According to Dr. Lingard, " The most ancient writ summoning the 
 representatives of the counties to parliament, is dated in the 13th 
 year of John, 1213'"^^ 
 
 governess ot the castles of Frampton ■*« Penny Magazine for 1845, Sept., p. 
 
 and Lincoln, the latter of which she 359. 
 
 defended against the confederated barons. ""Here is the first summons on 
 
 She died about 15 Hen. III. Id. record to the peers or barons: trac- 
 
 10 and 15 John, Abbott of Ramsey, a tatur de magnis et arduis negotiis : it 
 
 justicier. Id. was about a war of defence against the 
 
 10 and II John, yohn de Briwes, a French, and at that time the commons 
 justicier. Id. were admitted. At this time that may 
 
 11 to 16 ]6im, Hoger Buscarl, a. jvs- fitly be gathered by this ordinance,, 
 ticier. Id, provisum est communi assensu archie- 
 
 13, 14 and 15 John, Saherus de piscoporum commanium, baronium, et 
 
 Quincy (earl of Winchester), a justicier. omnium fidelium nostrorum Anglia 
 
 Id. quod novem milites per Angliam in- 
 
 15 and 16 John, Josceline de Stive- veniend. de communi re." Paris 6, 
 
 kel, who was sheriff of Huntingdonshire Ro. II; in Dorse ; cited by Sir Robert 
 
 and of Cambridgeshire in 8 and 9 John, Cotton in his article printed in 1679, and 
 
 and in the latter year paid 20 marks, to reprinted in Harl. Miscel., vol. 8, p. 217,. 
 
 be released from the employment, was of edi. 1810. 
 now (15 and 16 John) a justicier. Id. ^83 Lingard's Engl., ch. 2, p. 165. 
 
II99 TO 1216. 247 
 
 It is observed of the barons that " their grounds of complaint had 
 been accumulating. They had been shamelessly taxed ; the carucage 
 had been, in John's first year, raised from two to three shillings 
 on the carucate; the scutage, from a pound to two marks on the 
 knights' fee : year after year the scutage had been taken as a matter 
 of course, and when Geoffrey of York . had raised his voice against ~ 
 the imposition of the carucage, he had been summarily silenced. In 
 1203, the king had exacted a seventh of the moveable property of his 
 barons; in 1204, he had taken an aid from the knights; in 1207, a 
 thirteenth of moveables from the whole country.*' In this last case 
 Archbishop Geoffrey, of York, following the example of S. Thomas'"^- 
 and S. Hugh,^^ resisted the demand when it was laid before the 
 council ; the clergy refused to give, but the king exacted their tax 
 notwithstanding, and sent their champion into exile.^^ Again and 
 again he had demanded the military service of the barons, and each 
 time he had shown his distrust and cowardice. In 1201, the forces 
 assembled at Portsmouth were allowed to return home on payment 
 of money to the king; in 1202 and 1203, when they reached Nor- 
 mandy, they found the king unwilling to fight, and having returned 
 home in disgust, found themselves obliged to redeem their desertion 
 by enormous fines. In 1205, he had brought another great host 
 together at Portsmouth, and had even pretended to sail for France ; 
 but he had gone no further than Wareham, and on his return had 
 accepted money and dismissed the army. The barons were not 
 without the military pride natural to a warlike race ; they despised 
 the king who dared not lead them ; they hated him for his mistrust 
 of them ; they looked with disgust on " his " mean trickery." ^^ 
 
 In 1213, John "made his submission to the pope, accepted" 
 Stephen " Langton as archbishop" (of Canterbury), "undertook to 
 repay the money exacted from the churches, and as a crowning 
 
 ^8 Select Charters, p. 274 to 276. against him, he succeeded in effecting a 
 5" I Stubbs's Const. Hist., ch. 12, p. reconciliation with the monarch, which 
 462. lasted for several years. In 1 207, how- 
 ^^In 1198. See ch. xii, g 13, p. 231. ever, he resisted the payment of the 
 ^2 Soon after the death of Rijhard, thirteenth penny which the king had ira- 
 Geoffirey fell under the displeasure of posed, and found it necessary to retire 
 King John, the principal cause of which privately from England in order to avoid 
 was his refusal to permit the carucage the royal resentment. In this exile he 
 which had been generally granted to the continued nearly seven years, and at last 
 king, throughout the rest of England, to died at Gromont, in Normandy, on De- 
 be collected in his province. The im- cember 18, 1213." Mr. Foss esteems 
 mediate effect of this was the seizure of " the character he must ever hold in his- 
 all his manors and other possessions; tory as a valiant soldier, an able com- 
 and though the archbishop did not hesi- mander, a wise counsellor and an excel- 
 tate to punish James de Poterna, the lent son." Biogr. Jurid. 
 sheriff, and all others engaged in it, with ^'i Stubbs's Const. Hist., ch. 12, p. 
 those who had excited the king's anger 523. 
 
248 In Reign of John 
 
 humiliation, surrendered his kingdom to the See of Rome, receiving 
 it again as a papal vassal, subject to tribute, and swearing fealty and 
 promising liege homage to the pope. The pacification was arranged 
 on the 15th of May."^ John's proposal to the barons (to serve in 
 France), which had been made before — was again met by a refusal 
 after — he was absolved from excommunication. This time the north- 
 ern barons declared that their tenure did not compel them to serve 
 -abroad, and that they would not follow the king. 
 
 They " had already begun to show that propension towards polit- 
 ical liberty and self-government which marks them during later 
 history; for they were the forefathers of that great north country 
 party which fought the battle of the constitution during the 14th and 
 15th centuries." — John " advanced to Durham by way of a' demon- 
 stration, but returned (without doing anything) in as great haste as 
 he had gone. On the 3d of October, he completed his transactions 
 with the pope by doing homage to the legate Nicholas, at London." ^ 
 
 Whilst John was thus employed, the justiciar and archbishop held a 
 series of very important meetings — a council at St. Albans' on the 4th 
 of August, and another at St. Paul's on the 25th of that month. 
 The former meeting is the first occasion on which we find any his- 
 torical proof that representatives were summoned to a national 
 council; the attendance was not only by the bishops and barons, 
 but by a. body of representatives from the townships on the royal 
 demesne, each of which sent its reeve and four legal men. The jus- 
 ticiar laid before the whole body a recent promise, by the king, of 
 good government; he issued an edict forbidding illegal exactions, 
 and referred to the laws of Henry I as the standard of good customs , 
 to. be restored. As to what those laws were, 'the archbishop took 
 care that they should soon be informed.' Henry's charter was pro- 
 duced at the council on the 25th. It was thought to furnish both a 
 safe standing ground and a precedent for a. deliberate scheme of 
 
 "i Turner's Engl., ch. 11, p. 410 to ch. i, p. 230 to 236, of edi. 1879. The 
 
 416, of edi. 1825; 3 Lingard's Engl., language in the text is from i Stubbs's 
 
 ch. I, p. 32, ^; sej.; I Mackintosh's Const. Hist., ch. 12, p. 522. 
 
 Engl., p. 175 to 178, of Phila. edi. 1830; ^i Stubbs's Const. Hist., ch. 12, pp. 
 
 Foss's Biogr. Jurid.; Stubbs's Select 525, 526; Green's Hist, of Engl. Peop., 
 
 Charters, p. 276 to 278, edi. 1870; book 3, ch. i, p. 237, of vol. i. 
 Green's Hist, of Engl. Peop., book 3, 
 
1 199 TO 1216. 
 
 249 
 
 reform. The justiciar laid before the king the claims of the council, 
 and died soon after — on the 2d of October.*^ Although the reeve 
 and four men may have been called upon merely to give evidence as 
 to the value of the royal lands, yet, as Mr. Stubbs observes, "the 
 fact that so much besides was discussed at the time; and that some 
 important measures, touching the people at large, flowed directly 
 from the action of the council, gives to their appearance there a 
 great significance."" There is also this further significant fact — that 
 the king, on the 7th of November, summoned a council at Oxford, 
 to which, besides the armed force of the knights, each sheriff is 
 directed to send four discreet knights from his county, to discuss 
 with the king the business cf the country .'* 
 
 During the absence of Walter de Grey^^ the chancellor, on a mis- 
 sion to Flanders (in the fall of 12 13) which probably lasted longer 
 
 56 Select Charters, pp. 278, 279; i 
 Stubbs's Const. Hist, of Engl., pp. 526, 
 527. It is said that the king hated, but 
 feared him, and upon his death ex- 
 claimed, ^ Per pedes Domini nunc prima 
 sum rex et dominus Anglice.' After the 
 death of this great man, the national 
 struggle for liberty under the barons soon 
 began. 
 
 5' Id. •' To the first representative as- 
 sembly on record is submitted the first 
 draft of the reforms, afterwards embodied 
 in the charter; the action of this council 
 is the first hesitating and tentative step 
 towards that great act in which church, 
 baronage and people made their consti- 
 tutional compact with the king, and their 
 first sensible realization of their corpo- 
 rate unity and the unity of their rights 
 and interests." Id. 527; Green's Hist, 
 of Eng. Peop., book 3, ch, i, vol. i, pp. 
 237, 238, 239. 
 
 ^* Select Charters, pp. 278, 279; i 
 Stubbs's Const. Hist, of Engl., p. 528. 
 "The four legal men of the demesne 
 townships are replaced by the four dis- 
 creet men of the shire ; the very words 
 ' ad loquendum nobiscum de negotiis 
 regni nosiri,' are an omen of the institu- 
 
 tion of representative parliaments." Id. 
 
 528. 
 
 5' Upon his purchase of the chancery, 
 various ecclesiastical preferments were 
 presented to him; in May, 1207, he was 
 made arch-deacon of Totnes, with the 
 prebend in the church of Exeter. Some- 
 thing was done in 1210, or 1213, towards 
 electing him bishop of Lichfield and 
 Coventry ; but there seems to have been 
 no valid election. Though he was chan- 
 cellor at the time, he is not mentioned as 
 having placed the seal to the charter of 
 May 15, 1213 (14 John), by which the 
 king resigned the crown to the pope. 
 Previous to departing in October, 1213, 
 on his mission to Flanders, he sent th^ 
 Great Seal to the king, but still remained 
 chancellor, and is so styled four days 
 after. (RoS. Clans, i, 153; Rot. Pat. 
 105.) Richard de Marisco may have 
 been employed to convey the seal to the 
 king, and may have delivered it Oct. 9, 
 1213, to the king at Ospringe, but it was 
 afterwards delivered to Ralph de Neville, 
 to be held under the bishop of Win- 
 chester, ' Peter de Rupibus.' Foss's 
 Biogr. Jurid. 
 
250 In Reign of John 
 
 than was expected, the king appointed to the chancellorship Peter de^ 
 Rupibus^ .(mentioned in p. 244, «.), then bishop of Winchester. 
 He retired from it on the return of Walter de Grey, who resumed 
 the title on or before January 12, 1214."^ 
 
 6. Peter de Rupibus appointed justiciary in 1214, when the king 
 was going abroad. The resolution taken (^during the king's 
 absence) by the northern barons as to restoration oj laws and 
 liberties and confirmation by a sealed charter. The crisis accel- 
 erated. Walter de Grey resigned the office of chancellor and 
 was succeeded by Richard de Marisco. John's steps to divide his 
 enemies unavailing. After a truce expired, the arrny of the 
 barons marched ; and articles were presented to John. When, 
 where and how Magna Carta was executed. 
 
 In 1214 (February i), while the king was at Portsmouth, ready to 
 embark for Poictou, he appointed Peter de Rupibus justiciary of 
 England to act in his place and keep the peace during his absence.'^ 
 During the king's absence, the northern barons met, on pretence of 
 pilgrimage, at St. Edmund's, and there swore that if the king delayed 
 any longer to restore the laws and liberties, they would withdraw 
 their allegiance, and would make war upon- him until he should con- 
 firm the concession by a sealed charter.^' On his return he called 
 them to account for not accompanying him, and accelerated the 
 crisis by demanding a scutage, which the barons refused to grant." 
 
 Walter de Grey probably resigned the office of chancellor between 
 the 5th and 29th of October, 1214; the latter being the date of the 
 
 ™ He is designated as chancellor in «2 j^ tjjjj character fines were levied 
 
 two records, dated Nov. 2i and 24, before him at Westminster in 15 and 16 
 
 1213. (Rot. de Fin. 507-9.) The seal John, and there are mandates of his 
 was delivered to Ralph de Neville on dated as late as Oct. 20, 1214. Foss's 
 Dec. 22, to be held under him. Foss's Biogr. Jurid. 
 
 Biogr. Jurid. ^i Stubbs's Const. Hist., ch. 12, p. 
 
 ^'And alterwards is not mentioned 528. " The propositions were to be laid 
 
 without that designation until July 7, before him immediately after Christmas; 
 
 1214, although in the interval he had in the meantime a force was to be raised 
 been again abroad. He was elected sufficient to begin, if not to decide, the 
 bishop of Worcester during this second struggle." Id. 
 
 absence, and was consecrated Oct. 5, ^ Id. 
 
 1214. Id. 
 
1 199 TO 1216. 
 
 25L 
 
 first_^^record in which his successor, Richard de Marisco^^ is so 
 denominated. 
 
 To detach the clergy from the barons, John issued a charter* 
 which failed of its purpose. At the Temple, on the feast of the 
 Epiphany, he' received (January 6, 1215) a deputation from the 
 barons, heard their demands, and made a request for a truce until the 
 first Sunday after Easter, which was agreed to. His steps during the 
 truce were as unavailing as those before it : the barons, having col- 
 lected an army at Stamford, marched, as soon as the truce expired 
 (27th of April), to Brackley, in Northamptonshire. From Oxford the 
 king sent to the barons to know 'what were the laws and liberties 
 they asked for.*' After some further steps'^ a meeting was agreed 
 to for the 9th of June, but postponed to the 15th, when the barons 
 presented articles.™ 
 
 ^ He held a subordinate office in the 
 Exchequer in 8 Ric. I, and is mentioned 
 in 9 John as a clerk in the chamber of 
 the Exchequer. Numerous entries shew 
 his frequent attendance on the king. He 
 received the ecclesiastical preferments 
 with which clerks of the court were 
 usually rewarded; among which were 
 prebends in Ely and York, and the arch- 
 deaconries of Northumberland and Rich- 
 mond, besides several livings. In 1 212 
 he was appointed sheriff of Dorset and 
 Somerset, and had a royal present of one 
 of three ships which had been captured. 
 In 14 John he was one of the justiciers 
 hefore whom fines were levied at Win- 
 chester. He continued in the office of 
 chancellor trom the time of his appoint 
 ment to it until the end of the reign. Id. 
 
 ^^Curia Regis, Johannis' Anno regni 
 xxi, A. D. MCC. XIV, p. 5 of Stat, of the 
 Realm, edi. 1810; Stubbs's Select Char- 
 ters, p. 279 to 281 ; 3 Lingard's Engl., 
 ch. I, pp. 44, 45. 
 
 ^'3 JLingard's Engl., ch. i, p. 46, 
 et seq.; Select Charters, p. 281 to 287; 
 Foss's Biogr. Jurid.; i Stubbs's Const. 
 Hist., pp. 529, 530. 
 
 <«The barons had (May 5th) at Read- 
 ing or at Wallingford renounced their al- 
 legiance to John, and begun to attack the 
 royal castles. The king proposed (May 
 10) an arbitration to be made by the 
 pope and eight persons, four chosen by 
 himself and four by the barons. The 
 barons proceeded by way of Northamp- 
 ton, Bedford and Ware to London, 
 where they were received on the 24th of 
 May with a hearty welcome. The ad- 
 hesion of the Londoners was followed by 
 ■ a great defection from the king's party.. 
 Nearly all the members of the court and 
 household obeyed the summons addressed 
 to them by the confederacy, and left 
 John without any power of resistance. 
 Id., p. 530; Select Charters, pp. 281,. 
 282. 
 
 ^'Mr. Stubbs observes that the great 
 charter, although drawn up in the form 
 of a royal grant, was really a treaty be- 
 tween the king and his subjects; it was 
 framed upon a series of articles drawn- 
 up by them. I Const. Hist, of Engl., p. 
 530. Articuli Magne Carte libertatum 
 sub sigillo Regis yohannis, A. D. MCC, 
 XV, are in the collection of 1810, p. 6 to 
 
252 In Reign of John 
 
 Mr. Turner, after mentioning that the king had "sent to desire 
 a place of friendly conference to be appointed," and that the 
 barons " named Runnymead, a meadow between Staines and Wind- 
 sor," states that "on the i§th June, 1215, both parties met there," 
 ^'they took their separate stations and a long discussion was ter- 
 minated by the signature of" Magna Charta.'" Sir. James 
 Mackintosh, after mentioning that on the 15th of June both 
 parties advanced to Runnymede, states that they "opened con- 
 ferences which were not concluded till Friday, the igth of June, 
 1 215."" This is a mistake. Mr. Green is right in saying, "the 
 Great Charter was discussed and agreed to in a single day," but 
 there is a mistake in saying the delegates of the king and barons 
 "'met on the 15th of >/;/."" 
 
 John "set his seal to the articles proposed by the barons, and 
 issued the Great Charter of liberties, on the i§th of June, at Run- 
 nymede." " 
 
 The place, whether on a bank of the Thames or on an island 
 between its banks, is known by the name of Runnymede. The 
 
 8, and in Mr. Stubbs's volume of Select Phila. edi. 1830. 
 
 Charters, p. 282 to 287. Between pages '^ I Green's Hist, of Engl. Peop., book 
 
 6 and 7 oi \htioxxaex zxs Articuli Magne 3, ch. I, p. 244, of edi. 1879. 
 
 Carte yohannis : in Mus. Brit, asservati; '^ i Stubbs's Const. Hist., ch. 12, p. 
 
 and between pages 8 and g is Magna 530. Magna Carta Regis, Johannis xv 
 
 Carta, jy yohannis, in Archivis Eccl. die yunii, anno regni xvii, A. D. MCC. 
 
 Cathed. Lincoln asservata. XV," is in Latin in i Stat, of the Realm., 
 
 ™i Turner's Engl., ch. 11, p. 420, of edi. i8io,p. 9 to 13; and in Mr. Stubbs's 
 
 «di. 1825. Mr. Green's first statement volume of Select Charters, p. 288 to 298. 
 
 as to the place is in his Short Hist., ch. There is an English translation in Tay- 
 
 3> I 3. PP- 152, 153- More recently he lor's Book of Rights, p. 20 to 34. Mr. 
 
 has said, John " called the barons to a Green, in a passage, wherein he mentions 
 
 •conference on an island in the Thames, that "copies of it" (the Great Charter') 
 
 between Windsor and Staines, near a " were made and sent for preservation to 
 
 marshy meadow by the river side, the the cathedrals and churches," states that 
 
 meadow of Runnymede. The king en- " one copy may still be seen in the 
 
 camped on one bank of the river, the British Museum, injured by age and Bre, 
 
 barons covered the flat of Runnymede on but with the ,royal seal still hanging 
 
 the other. Their delegates met on the from the brown, shrivelled parchment." 
 
 iSthof July on the island between them." Short Hist., ch. 3,? 3, p. 153; Hist, of 
 
 I Green's Hist, of Engl. Peop., book 3, Engl. Peop., book 3, ch. i, p. 244, of 
 
 <;h. 1, p. 244, of edi. 1879. vol. i. 
 
 " I Mackintosh's Engl., p. 184, of 
 
1 199 TO 1216. 25S 
 
 assembly from which the Great Charter emanated is in a writ in 28 
 Hen. Ill, styled ' Parliamentum Runnimed<zP^ 
 
 7. Observations on Magna Carta. To whom, it is addressed ; by 
 whose advice it is granted; the number of its clauses and the 
 nature of the most important. Of the barons who thereby im- 
 posed limits on tyranny. 
 
 " The more we contemplate this important charter, the more we 
 shall perceive it to have been pregnant with benefits to every order 
 of the community except that unfortunate class, who, being in a 
 servile state, were considered to be the property of their happier 
 masters, and are therefore not noticed in the palladium of the rights 
 and privileges of the free." '^ 
 
 This language of Mr. Turner precedes his 'Analysis of Magna 
 Charta.' '° Among the observations upon the Great Charter," those of 
 Mr. Stubbs deserve particular notice. 
 
 " He says of Magna Carta : " It is based on the charter of Henry I ; 
 it follows the arrangement of that famous document, and it amplifies 
 and expands it, so as to bring under the principles, which were for 
 the first time laid down in A. D. 1 100, all the particular rights, claims 
 and duties which had come into existence during the developments 
 of the intervening century." '* 
 
 Those to whom this document is addressed by the king" are to 
 know therefrom that for amendment of the kingdom, the king, by 
 advice of those whom he names,™ and others, his liegemen, has 
 
 '* Taylor's Book of Rights, pp. 6, 7, of " ' Stubbs's Const. Hist., ch. 12, pp. 
 
 Lond. edi. 1833. Runney-Mead, in STflt 533- 
 
 Surrey county, is "a hamlet in the "His archbishops, bishops, abbots, 
 
 parish of Egham, situated between earls, barons, justiciaries, foresters, 
 
 Egham and the Thames," and is dis- sheriffs, governors, officers, and all his 
 
 tant from Egham i mile, Staines 2, bailiffs and liegemen. 
 
 Windsor S, and London 18 miles. 7 ^ojij, stubbs says, "the bishops and 
 
 Dugdale's Engl. & Wales, p. 1354. barons who had not taken an overt part 
 
 '5 1 Turner's Engl., ch. 11, pp.420, against him, or who, only at the last 
 
 421, of edi. 1825. moment, had joined the confederation, 
 
 ™His analysis is in Id., p. 421 to 424. which compelled him to yield;'' or, as 
 
 "3 Lingard's Engl., ch. I, p. 49, he expresses it in another place, "the 
 
 et seq.; I Mackintosh's Engl., p. 185 to bishops, with Stephen Langton and Ean- 
 
 189, of Phila. edi. 1830; 5 Freem. Norm. dulf at their head, and those earls and 
 
 Conquest, p. 475 to 478; Green's Short barons who only left John after the ad- 
 
 Hist., ch. 3, \ 3, p. 153 ; Hist, of Engl. hesion of the Londoners." i Stubbs's 
 
 Peop., book 3, ch. i, p. 244, of vol. i. Const. Hist., ch. 12, p. 532, and p. 542. 
 
•254 In Reign of John 
 
 granted and confirmed as mentioned in 63 clauses;*' among which 
 
 are the following: 
 
 • 
 
 10. Neither we nor our bailiffs shall seize any land or rent for any 
 debt, so long as there shall be chattels of the debtor's upon the 
 premises sufficient to pay the debt. Nor shall the surejties of the 
 debtor be distrained, so long as the principal debtor is sufficient for 
 the payment of the debt. 
 
 1 1 . And if the principal debtor fail in the payment of the debt, 
 not having wherewithal to discharge it, then the sureties shall answer 
 the debt; and if they will, they shall have the lands and rents of the 
 debtor until they shall be satisfied for the debt which they paid for 
 him, unless the principal debtor can shew himself acquitted thereof 
 against the said sureties.*'' 
 
 14. No scutage or aid shall be imposed in our kingdom unless by 
 the common council of our kingdom, except to redeem our person, 
 and to make our eldest son. a knight, and once to marry our eldest 
 daughter ; and for these there shall only be paid a reasonable aid.** 
 
 17. And for the holding the common council of the kingdom to 
 assess aids (except in the three cases aforesaid), and for the assessing 
 of scutages, we will cause to be summoned the archbishops, bishops, 
 abbots, earls and great barons of the realm, singly by our letters ; and 
 furthermore we will cause to be summoned in general, by our sheriffs 
 and bailiffs, all others who hold of us in capite, at a certain day ; that 
 is to say, forty days (before their meeting) at least, and to a certain 
 place ; and in all letters of such summons we will declare the cause of 
 the summons. And summons being thus made, the business shall 
 
 8I3 Lingard's Engl., ch. I, p. 49, in subsequent notes. 
 etseq. Though numbered by Mr. Stubbs ^''What Mr. Stubbs numbers 9, em- 
 
 from I to 63, they are numbered by Mr. braces these two clauses numbered (ac- 
 
 Taylor from i to 72. Mr. Stubbs's No. cording to Mr. Taylor) 10 and u. The 
 
 I embraces also Mr. Taylor's No. 2 in clauses (as to debts to the Jews) num- 
 
 these words: ".We have also granted to bered by Mr. S., 10 and 11, are in Mr. 
 
 all the freemen of our kingdom, for us T.'s book 12 and 13. 
 and our heirs forever, all the underwrit- ^ This clause which, according to Mr. 
 
 ten liberties, to have and to hold to them S., is 12, is here numbered 14, according 
 
 and their heirs, of us and our heirs." to Mr. T. And the clause which Mr. S. 
 
 Hence the clauses numbered 7 and 8 by gives next as 13, embraces two given by 
 
 Mr. S., are by Mr. T. numbered 8 and Mr. T., as follows : 
 9; the first of these ending with the 
 
 words, as to awidow: "She may remain "S- "I" 'ike manner it shall be con- 
 
 , , , , 1. . J r .. J cerning the aids of the city of London ; 
 
 in the house of her husband forty days ^^^ thicity of London shall have all its 
 
 after his death, v?ithm which term her ancient liberties and free customs as well 
 
 dower shall be assigned": and the last by land as water." 
 beginning, "No widow shall be dis- ■&. " Furthermore, we will and grant 
 
 . , , .f . , that all other cities and boroughs, and 
 
 trained to marry herself so long as she ^^^^^ ^„^ ^^^^ ^^^,1 ^^^^ ^^ its ancient 
 
 wills to live without a husband." Other liberties and free customs as well by land 
 
 differences as to numbers are mentioned as by water." 
 
1199 TO 1216. 
 
 255 
 
 proceed on the day appointed, according to the advice of such as 
 shall be present, although all that were summoned come not.** 
 
 20. Common Pleas shall not follow our court, but shall be holden 
 in some certain place.^ 
 
 21. Trials upon the writs of Novel disseisin, of Mort d'' Ancestor 
 and of Darrein presejitiment, shall be taken only in their proper coun- 
 ties, and after this manner. We, or (if we shall be out of the realm) 
 our chief justiciary, shall send two justiciaries through every county 
 four times a year ; ^ who, with four knights chosen out of every shire 
 by the people, shall hold the said assizes, on the day and at the place 
 of the county. 
 
 22. And if the aforesaid assizes cannot be determined on the county 
 day, so many of the knights and freeholders as have been present, 
 shall be appointed to decide them as shall be sufficient to make the 
 judgments, according as there shall be more or less business. 
 
 ' 23. A freeman shall not be amerced for a small offence, but accord- 
 ing to the degree of the offence, and for a great offence, in propor- 
 tion to the heinousness of it, saving to him his contenement; and 
 after the same manner a merchant, saving to him his merchandize; 
 and a villain shall be amerced after the same manner, saving to him 
 his wainage, if he falls under our mercy ; and none of the aforesaid 
 amercements shall be assessed but by the oath of honest men of the 
 neighbourhood.*' 
 
 *'This clause (numbered by Mr. Stubbs 
 14) is of the greatest constitutional in- 
 terest, for it admits the right of the 
 nation to ordain taxation, and defines the 
 way in which the nation's consent is to 
 be given, i Stubbs's Const. Hist, of 
 Engl., p. 533. In regard to it, Mr. 
 Stubbs uses this language : " The right 
 had never yet been stated in so clear a 
 form, and the statement then made seems 
 to have startled even the barons; they 
 had not ventured to claim it, and when 
 they had the reins of power in their own 
 hands, they seem, in the subsequent 
 editions of the charter, to have shrunk 
 from repeating the clauses which con- 
 tained it. It was for the attainment of 
 this right that the struggles of the reign 
 of Henry III were carried on ; and the 
 realization of the claim was deferred 
 until the reign of his successor. In it, 
 however, the nation had now obtained a 
 clear, or comparatively clear, definition 
 of the right on which their future po- 
 litical power was to be based." Id., 
 534- 
 
 In the next two clauses numbered by 
 Mr. S., IS and 16, and by Mr. T., 18 
 and 1 9, the limitation of royal exaction 
 is supplemented by a corresponding 
 limitation of the power of the mesne 
 lords. Id., 534. 
 
 853 Lingard's Engl., ch. i, pp. 52, 53. 
 
 "^As to this arrangement, Mr. Stubbs 
 remarks that it "proved no doubt far 
 too burdensome to be continued." I 
 Const. Hist., ch. 13, p. 605. See ch. 12 
 of 9 H. Ill, post, in ch. 15, \\\. 
 
 ^'Mr. Stubbs numbers as 17, 18, 19 
 and 20, the clauses here set down (ac- 
 cording to Mr. Taylor) as 20, 21, 22 
 and 23. Then the clauses numbered by 
 Mr. S. 21 and 22, are given by Mr. T. 
 as follows : 
 
 24. Earls and barons shall not be 
 amerced but by their peers, and accord- 
 ing to the degree of the offence. 
 
 25. No clerk shall be amerced for his 
 lay-tenement, but according to the pro- 
 portion of the aforesaid, and not accord- 
 ing to the value of his ecclesiastical 
 benefice. 
 
256 In Reign of John 
 
 26. Neither a town, nor any person, shall be distrained to make 
 bridges over rivers, unless that anciently and of right they are bound 
 to do it. 
 
 27. No sheriff, constable (of a castle), coroners, or other our 
 bailiffs, shall hold pleas of the crown. 
 
 29. If any one that holds of us a lay-fee dies, and the sheriff, or 
 our baihff, shew our letters patent of our summons concerning the 
 debt due to us from the deceased, it shall be lawful for the sheriff or 
 our bailiff to attach and register the chattels of the deceased, found 
 upon his Jay-fee, to the value of the debt, by the view of lawful men, 
 so that nothing be removed until our whole debt be paid ; and the 
 rest shall be left to the executors to fulfil the will of the deceased; 
 and if there be nothing due from him to us, all the chattels shall 
 remain to the deceased, saving to his wife and children their reason- 
 able shares. 
 
 30. If any freeman die intestate, his chattels shall be distributed^ 
 by the hands of his nearest relations and friends, by view of the 
 church, saving to every one the debts which the deceased owed: 
 him.*' 
 
 42. No bailiff, for the future, shall put any man to his law upon his. 
 single accusation, without credible witnesses produced to prove it. 
 
 43. No freeman shall be taken, or imprisoned, or disseised, or out- 
 lawed, or banished, or any ways destroyed, nor will we pass upon 
 him, nor send upon him {super eum mittemus), unless by lawful 
 judgment of his peers, or by the law of the land. 
 
 44. We will sell to no man, we will not deny or delay to any man, 
 right or justice.*' 
 
 ^Mr. Stubbs numbers as 23, 24, 26 to the lords; and the weirs in the 
 
 and 27, the clauses here numbered (ac- Thames, the Medway and the other 
 
 cording to Mr. Taylor) as 26, 27, 29 and rivers of England, are to be removed." 
 
 30. The clause numbered by Mr. S. as " The use of the writ of praecipe is. 
 
 25, and by Mr. T. as 28, is against in- limited ; the uniformity of weights and 
 
 creasing the farms of counties and other measures is directed in the words of 
 
 jurisdictions. The clauses numbered by Richard's assize; the writ of inquest, in 
 
 Mr. S. as 28, 29, 30, 31, 32, 33, 34, 35, cases where life and limb are concerned,. 
 
 36, 37, and by Mr. T. as 31,32, 33, is to be granted freely; the king will 
 
 34> 35i 37> 38; 39) 4°> ^^^ briefly de- not claim the sole wardship of the minor 
 
 scribed by Mr. S. as follows : " The who has other lords, except where he is 
 
 royal officers are to pay for all the pro- the king's tenant by knight service."' 
 
 visions which they take by requisition; i Stubbs's Const. Hist., 536. 
 they are not to take money in lieu of ^ These three clauses (42, 43, 44,) are 
 
 service from those who are willing to numbered by Mr. Stubbs 38, 39 and 40. 
 
 perform the service in person; they are Of the two last, he truly says they " are 
 
 not to seize the horses and carts of the famous and precious enunciations of 
 
 freeman to do royal work; nor his wood principles." He observes the yarfja'aw 
 
 without his consent ; the lands of con- parium was indeed no novelty ; it lay at 
 
 victed felons are to be held by the crown the foundation of all German law ; and 
 
 for a year and a day, and then to revert the very formula here used is probabl3^ 
 
II99 TO 1216. 257 
 
 45. All merchants shall have safe and secure conduct to go out of 
 and come into England; and to stay there, and to pass as well by- 
 land as water, to buy and sell by the ancient and allowed customs 
 without any evil tolls, except in time of war, and when they shall be 
 of any nation in war with us. And if there be found any such in 
 our land in the beginning of a war, they shall be attached, without 
 damage to their bodies or goods, until it may be known unto us or 
 our chief justiciar, how our merchants be treated in the nation at 
 war with us : and if ours be safe there, the others shall be safe in our 
 land. 
 
 46. It shall be lawful, for the time to come, for any one to go out 
 of our kingdom and return safely and securely, by land or by water, 
 saving his allegiance to us, unless in time of war, by some short 
 space, for the common benefit of the kingdom, except prisoners and 
 oudaws (according to the law of the land) and people in war with us, 
 and merchants who shall be in such condition as is above mentioned. 
 
 49. We will not make any justiciars, constables, sheriffs or bailiffs, 
 but of such as are knowing in the law of the realm, and are disposed 
 duly to observe it.'° 
 
 56. If any one hath been dispossessed or deprived by us, without 
 the legal judgment of his peers, of his lands, castles, liberties, or 
 right, we will forthwith restore them to him ; and if any dispute arise 
 upon this head, the matter shall be decided by the five and twenty 
 barons hereafter mentioned, for the preservation of" the peace. 
 
 57. As for those things of which any person has, without the legal 
 judgment of his peers, been dispossessed or deprived, either by king 
 Henry, our father, or our brother. King Richard, and which we have 
 in our hands or which are p'ossessed by others, and which we are 
 bound to warrant and make good, we shall have a respite till the 
 term usually allowed the crusaders; excepting those things about 
 which there was a suit depending, or whereof an inquest had been 
 made by our writ, before we undertook the crusade. But when we 
 
 adopted from the laws of the Franconian forest courts are not to compel the at- 
 
 and Saxon Csesars ; but it was no small tendance of any man who is not directly 
 
 gain to obtain the declaration in such concerned in the forest jurisdiction." 
 
 terms." Id., 537. . i Const. Hist, of Engl., pp. 536, 537. 
 
 '"The clauses, numbered 41 and 42 by Then, after a clause securing to certain 
 
 Mr. Stubbs, are 45 and 46, in the trans- founders of abbeys their custody, are 
 
 lation published by Mr. Taylor; and two other clauses (47 and 48, or, in 
 
 that numbered 45 by Mr. S., is 49 the translation, 51 and 52) by one of 
 
 in Mr. T.'s translation. Two clauses, which all the forests made in John's 
 
 which precede that last mentioned (43 time are disforested, and all rivers put, 
 
 and 44, or, in the translation, 47 and in defence are thrown open ; and by the 
 
 48), are described by Mr. S. thus : " The other of which, a thorough investigation 
 
 vassals of an escheated honour are not of all the forest usages is to be made by 
 
 to be treated by the king as tenants-in- an inquest of twelve sworn knights, and 
 
 chief of the crown, but only to pay such all the bad customs are to be abolished 
 
 reliefs and aids as they would owe to forthwith. Id. (Const. Hist.), p. 537. 
 the mesne lord if there were one. The 
 
 17 
 
258 In Reign of John 
 
 return from our pilgrimage, or if we do not go upon it, we will 
 immediately cause full justice to be administered therein. 
 
 59. No man shall be taken or imprisoned upon the appeal of a 
 woman for the death of any other man than her husband. 
 
 60. All unjust and illegal fines, and all amercements imposed 
 unjustly and contrary to the law of the land, shall be entirely for- 
 given ; or else be left to the decision of the five and twenty barons 
 hereafter mentioned, for the preservation of the peace or of the 
 major part of them, together with the aforesaid Stephen, archbishop 
 of Canterbury, if he can be present, and others whom he shall think 
 fit to take along with him ; and if he cannot be present, the business 
 shall, notwithstanding, go on without him; but so that, if one or 
 more of the aforesaid five and twenty barons be parties in the same 
 cause, they shall be set aside so far as concerns that judgment, and 
 others be chosen in their room by the rest of the said five and 
 twenty, and sworn to decide that matter. 
 
 61. If we have disseised or dispossessed Welshmen of any lands or 
 liberties, or other things, without the lawful judgment of their peers 
 in England or in Wales, they shall immediately be restored to them ; 
 and if any dispute arises upon this head, the matter shall be deter- 
 mined in the March by the judgment of their peers; for tenements 
 in England, according to the law of England, for tenements in 
 Wales, according to the law of Wales, for tenements in the March, 
 according to March law.'^ The same shall the Welsh do to us and 
 ours. 
 
 65. All the aforesaid customs and liberties which we have granted 
 to be holden in our kingdom, as much as belongs to us, towards our 
 men, all of our men, as well clergy as laity, shall observe, as far as 
 they are concerned, towards their men.'' 
 
 " The three-fold division ot the dis- as leaders of mercenaries or as ministers 
 
 tricts, the Dane law, the West Saxon of small tyrannies. As soon as pacifi- 
 
 and the Mercian law, which subsisted so cation is completed he will dismiss all 
 
 long, disappears after the reign of his mercenaries, forgive, and recall all 
 
 Stephen. Id., p. 545. whom he has disseized or exiled." I 
 
 32 Xhe clause numbered by Mr. Stubbs Const. Hist., p. 538. The clauses num- 
 
 52, embraces clauses 56 and 57 in the bered by Mr. S. 53 and 57, and in the 
 
 translation published by Mr. Taylor; the translation 58 and 62, provide, the one a 
 
 clauses numbered 54, 55 and 56 by the respite for doing justice as to disafiforest- 
 
 former, arc 59, 60 and 61 in the transla- ing, and as to wardship of lands and as 
 
 tion; and the clause numbered 60 by the to abbeys, and the other, for a respite as 
 
 former, is 65 in the latter. Mr. S. has to things of which a Welshman has been 
 
 in view clauses 49, 50 and 51 (or, in the disseized or deprived. And the clauses 
 
 translation, 53, 54 and 55), when he numbered by Mr. S. 58 and 59, and in 
 
 observes : " The king undertakes to sur- the translation 63 and 64, provide for a 
 
 render all charters and hostages placed release of a Welsh prince and Welsh 
 
 in hi5 hands as securities, and to dismiss hostages, and for justice to Alexander, 
 
 his detested group of foreign servants king of the Scots, 
 whom he had gathered round him either 
 
1 199 TO 1216. 259 
 
 After which the clauses numbered by Mr. Stubbs 61 and 62, and 
 in the translation 66, 67 and 68, provide for security to the barons by 
 their choosing five and twenty barons to cause to be observed the 
 peace and liberties granted them, and by the charter confirmed. 
 Then come the provisions mentioned below,'' after which are the 
 following : 
 
 71. Wherefore we will and firmly enjoin, that the church of Eng- 
 land be free, and that all men in our kingdom have and hold all 
 the aforesaid liberties, rights and concessions, well and in peace, freely 
 and quiedy, fully and wholly to them and their. heirs, of us and our 
 Jieirs, in all things and places forever as aforesaid. 
 
 72. It is also sworn, as well on our part as on the part of the 
 barons, that all the things aforesaid shall faithfully and sincerely be 
 observed. 
 
 Such is the great charter'* — revered as one of the main pillars of 
 the English constitution. 
 
 Thereby, the barons "checked the most galling abuses of feudal 
 superiority; they gave a new tone to English legislation; they justi- 
 fied resistance to the encroachments of despotism ; and, in subsequent 
 struggles with the crown, pointed to determinate objects the efforts of 
 the nation."'^ 
 
 Who were the barons that thus impose limits on tyranny, and 
 place themselves in the vanguard of liberty? They " fall into four 
 ■classes: those who began the quarrel in A. D. 1213, by refusing 
 to follow the king to France ; those who joined them after the coun- 
 cils held at St. Albans' and in St. Paul's ; those who left the king in 
 the spring of A. D. 12 15, after the adhesion of the Londoners; and 
 those who continued with him to the last. Each of these divisions 
 <:ontained men who acted on the ground of public right, and others 
 who were mainly influenced by private friendship and gratitude, or 
 by the desire of avenging private wrongs." '* 
 
 Mr. Stubbs considers it proved that "the first cry for freedom 
 
 "The clause numbered by Mr. Stubbs the nature of 'covenant of security,' is 
 
 '62, and embracing in the translation 69 in Taylor's Book of Rights, p. 32 lo 34. 
 
 and 70, provides for remission and for- '^3 Lingard's Engl., ch. I. p. 57. 
 
 giveness, and for letters patent. '*I Stubbs's Const. Hist., ch. 12, pp. 
 
 "i Stubbs's Const. Hist., ch. 12, p. 539, 540. 
 532 to 538. An additional document, in 
 
260 In Reign of John 
 
 came from the North ; that it was taken up and maintained by the 
 strength of the baronial party, which had learned the benefit of law, 
 peace and good government, and that the demands of the confede- 
 rates took a definite and defensible form under the hand of the arch- 
 bishop, and on the model of" the charter of Henry I; "that this* basis 
 of agreement was accepted by the people at large, and especially by 
 the Londoners, who, to some extent, represent the commons of the 
 kingdom ; and was finally adhered to by the most important mem- 
 bers of the government, with Wiljiam Marshall at their head."" 
 " The Great Charter is, then, the act of the united nation, the cliurch, 
 the barons and the commons, for -the first time thoroughly at one."'* 
 
 8. After Magna Charta, Hubert de Burgh is made chief justiciary. 
 Measures ostensibly to complete the pacification ; yet both parties 
 anning. Improper claim of the pope to temporal power. How 
 far his power was exerted on the side of fohn. The barons offer 
 the- crown of England to Lewis, son of Philip of France, and 
 husband of Blanche of Castile. In 121^-16 Lewis s army 
 came. He was at London in June, 1 216 ; in October, fohn was 
 seized with illness, on the 14th, and died on the igth. 
 
 A few days after Magna Charta was granted, Hubert de Burgh^^ 
 
 "i Stubbs's Const. Hist., ch. 12, p. made king's chamberlain; after which 
 
 543. During John's reign, William Mar- he advanced rapidly in the royal favour. 
 
 shall was entrusted with the sheriffalties The castles of Dover and Windsor were 
 
 of Gloucestershire, Sussex and Surrey and committed to his charge ; he was ap- 
 
 with the custody of the castles of Carmar- pointed sheriff of Dorset and Somerset; 
 
 then, Cardigan and Goher. The king re- and was entrusted with the custody of 
 
 warded him with grants of Goderich the county and castle of Hereford, and 
 
 castle, in Herefordshire, and of the the office of warden of the Marches; 
 
 whole province of Leinster, besides sev- Richard de Seinges, being his deputy in 
 
 eral others of minor importance. Foss's the latter county (Hereford) for three 
 
 Biogr. Jurid. years, commencing 3 John. In this year 
 
 98 1 Stubbs's Const. Hist., ch. 12, p. he had, in addition, the sheriffalties of 
 
 543- Cornwall and Berkshire; and a license 
 
 ^ From an early period of his life he to fortify his castle of Dunestore in Som- 
 was in the service of Richard I. In I ersetshire. On the defeat of Arthur, 
 John, he was one of the pledges, on the earl of Brittany, in August, 1202, that 
 king's part, that the convention with prince was sent to Falaise, under the 
 Reginald, earl of Bologne, should be charge, as some relate [Holinshed ii, 
 faithfully kept; and was witness to a 285), of Hubert de Burgh; and a beau- 
 royal charter. In the same year he was tiful scene of Shakspeare (the first in act 
 
II99 TO 1216. 261 
 
 ■was raised to the high office of chief justiciary of England.™ Dui-ing 
 the rest of the month (June, 1215), there were measures ostensibly to 
 complete the pacification. As to John's proceedings, statements of 
 other writers"' may be compared with those of Mr. Stubbs. 
 
 "On the 1 8th, the king directed his partisans to abstain from hos- 
 tihtieS) on the 19th the writs were issued for the inquest into the 
 evil customs;"^ on the 23d, Hugh de Boves was ordered to dismiss 
 the mercenaries assembled at Dover; on the 27th, directions were 
 given for a general enforcement of the oath of obedience to the 
 twenty-five executors of the charter; writ after writ went forth for 
 the restoration of hostages and castles, and for the liberation of 
 prisoners. The i6th of August was fixed as the day for general res- 
 titution and complete reconciliation; in the meantime the city of 
 London was left in the hands of the twenty-five, and the Tower was 
 entrusted to the archbishop as umpire of conflicting claims. Under 
 this superficial appearance of peace, both parties were arming." "" 
 
 That learned Roman Catholic and eminent lawyer, Mr. Charles 
 Butler, considered that "to the compilations of Isidore™ and Gra- 
 tian/'^ one of the greatest misfortunes of the church, the claim of the 
 popes to temporal power by divine right, may, in some measure be 
 attributed." He observes "That a claim so unfounded and so 
 impious, so detrimental to religion, and so hostile to the peace of the 
 world, should have been made, is strange — stranger yet is the success 
 it met with." "^ 
 
 On the i6th of August "the bishops met at Oxford, the barons at 
 Brackley ; the king failed to appear." — " A papal letter was laid before 
 
 4 of King John) is Hubert's supposed note I ; citing Rot. Pat, i, 143. 
 
 refusal to obey the king's cruel behest. i"" Id. 
 
 On king John's being summoned, after '"ii Turner's Engl., ch. ii, p. 425 to 
 
 the completion of the treaty, to answer 427, ofedi, 1825; i Mackintosh's Engl., 
 
 the charge before Philip of France and pp. 189, igo.'of Phila. edi., 1830; Penny 
 
 his peers, Hubert was sent with Eustace, Magazine for 1845, Sept., p. 360. 
 
 bishop of Ely, on a mission to that court. 1"^ Select Charters, part 5, p. 298; 2 
 
 In 1 214, Hubert is mentioned as sene- Const. Hist., ch. 14, \ 169, p. 6. 
 
 schal, and also as mayor, of Niort, and i"^ Id. 
 
 shortly afterwards as seneschal of Poic- '"* IsidorCj archbishop of Seville, died 
 
 tou. As such he was in attendanje at in 636. 
 
 Runnymede, when Magna Charta was ^^ Gratian is mentioned in ch. 10, \ 
 
 granted. Foss's Biogr. Jurid. He first 4, p. 174. 
 
 appears as justicier on the 24th of June. ^"^ Horse Juridicse Subsecivse, v, 2, pp. 
 
 2 Stubbs's Const. Hist., ch. 14, p. 12, 114, 115 of Phila. edi. 1808. 
 
262 In Reign of John 
 
 the prelates, in which the archbishop was charged to excommunicate 
 the king's enemies, and the disturbers of the peace ; and Pandulf,'^" 
 with the bishop of Winchester, and the abbot of Reading, was 
 empowered to compel obedience." After discussion, the bishops 
 made another appeal to the king; and tried to induce him to meet 
 the barons. 
 
 "Their mediation failed, and on the 26th day of August, at Staines, 
 they published the sentence in the presence of the baronial army; 
 each party interpreting it in their own way, and a majority regarding 
 John as his own worst enemy, the great disturber of the peace, on 
 whom, sooner or later, the curse would fall. This act broke up the 
 temporary peace. John now made no secret that he was collecting 
 forces. The twenty-five allotted amongst themselves the counties 
 that were to be secured, and summoned a council to take into con- 
 sideration the election of a new king; Pandulf and his colleagues 
 proceeded to a personal excommunication of the more eminent 
 leaders, who, in reply, appealed to the general council summoned 
 for the following November. Langton, who saw himself powerless, 
 determined to go to. Rome.""" 
 
 "The departure of Langton, and the end of harvest, gave the 
 signal for war. This was early in September." '"' — " The clergy, 
 although they sympathized with the barons, were paralyzed by the 
 weight of ecclesiastical authority arrayed on behalf of John, and hav- 
 ing lost their leader, could show their sympathy only by contemning 
 the papal threats."™ 
 
 "At first the barons mistrusted their own strength. The abstention 
 of the bishops, the strong measures of the pope, who, on the 25th of 
 August, annulled the charter, forbade John to keep his oath, and 
 summoned the barons to account for their audacious designs; the 
 return of the most powerful earls to the king's side, and John's own 
 unexpected readiness and energy, seem to have thoroughly disheart- 
 ened them. Foreign aid must be obtained, and it could be obtained 
 only on one condition — they must renounce their allegiance to John 
 
 ^<" An envoy from Rome. The state- confederates were mentioned by name, 
 
 ment in the text is from 2 Stubbs's Const. and the city of London was laid under 
 
 Hist., ch. 14, p. 7. Dr. Lingard says of an interdict. Both censures were equally 
 
 the pope, " he ordered Langton to ex- despised. They had been obtained, so. 
 
 communicate the disobedient; but that the partisans of the barons argued, on 
 
 prelate refused; in punishment, he was false suggestions, and for objects not 
 
 suspended from the exercise bf the within the jurisdiction of the pontiff, 
 
 archi-episcopal functions ; nor could he, He had no right to interfere in temporal 
 
 although he attended the council at concerns." 3 Lingard's .Engl., ch. i, 
 
 Rome, mollify the pontiff or recover p. 62. 
 
 the exercise of his authority. Another ""2 Stubbs's Const. Hist., ch. 14^ 
 
 sentence of excommunication was then pp. 7, 8. 
 fulminated, in which the chiefs of the "' Id., p. 8. '1° Id., p. 9. 
 
II99 TO 1216. 263 
 
 and choose a new king. Saer de Quincy was sent to offer the 
 crown to Lewis, the son of Philip of France;""' and "husband of 
 Blanche of Castille, the daughter of the only sister who had survived 
 Richard.""^ 
 
 Saer de Quincy, with 41 transports, reached London on the 9th of 
 January, 1215-16; on the 21st of May, Lewis himself landed at 
 Stoner. Without stopping, as his father advised him, to secure 
 Dover, Lewis pressed on by Canterbury and Rochester to London, 
 where he received the homage and fealty of the barons on the 2d of 
 June." ™ The country was suffering greatly from the desolations of 
 war, when John was seized with a fatal illness at Sleaford on the 14th 
 of October, and died at Newark on the igth."* Of him, Mr. Stubbs 
 says : 
 
 " He was the very worst of all our kings ; a man whom no oaths 
 could bind, no pressure of conscience, no consideration of policy, 
 restrain from evil; a faithless son, a treacherous brother, an ungrate- 
 ful master; to his people a hated tyrant. Polluted with every crime 
 that could disgrace a man ; false to every obligation that should bind 
 a king, he had lost half his inheritance by sloth, and ruined and 
 desolated the rest. Not devoid of natural ability, craft or energy, 
 with his full share of the personal valour and accomplishments of his 
 house, he yet failed in every design he undertook, and had to bear 
 humiliations, which, although not without parallel, never fell on one 
 who deserved them more thoroughly, or received less sympathy 
 under them." "' 
 
 "^Id., p. g. "They used the power have bound himself by any formal con- 
 
 which the theory of election gave them, stitutional engagements, or promised to 
 
 of setting aside one who had proved observe the charter; such undertakings 
 
 himself unworthy; the theory also of were probably left for another day. Id. 
 
 feudal relation compelled them to main- P- 1 5 . 
 
 tain his right only so long as he main- "*Id., p. 15 to 17. The day of John's 
 tained theirs. Some few of them, per- death is mentioned as the iSth of Octo- 
 haps, regarded the election of Lewis as ber, 1216," in i Mackintosh's Engl., p. 
 a. mere stratagem, by which, without 190, of Phila. edi., 1830 ; but accord- 
 declaration of war, Philip might be in- ing to others, the 19th was the day. 
 duced to withdraw from John's side the Mr. Turner says, "An intemperate meal 
 French mercenaries whom he had been of peaches and new ale threw him into 
 allowed to enlist." Id., p. 10. a dysentery, of which he died at New- 
 
 "^Id., p. 13. Eleanor, of Castille, ark, the 19th October, 1216." i Tur- 
 
 died Octo. 21, 1214. She was the only ner's Engl., ch. II, pp. 427, 428, of edi. 
 
 surviving sister at the time of Richard's 1825. 
 
 death. Id., note 4. I'^Id., p. 17. John, as directed in his 
 
 ^'^He is said to have made promises will, was buried at Worcester a few days 
 
 of good laws, and of the restoration of after his death. Id., p. 18. Isabella, 
 
 lost heritages ; but he does not seem to who had been engaged to Hugh, count 
 
264 Review of Period of Henry II 
 
 CHAPTER XIV. 
 
 REVIEW OF THE PERIOD FROM 1154 TO 1216. 
 
 I. Increased study of the civil law. Beneficial influence of 
 
 Oxford. 
 
 If "the study of the civil law was prohibited by King Stephen,"' 
 that prohibition was not of long continuance; in the succeeding 
 reign there was no obstacle to the study of the Justinian laws. 
 
 " Henry the Second so effectually forwarded the views of Arch- 
 bishop Theobald, and those under him, that from that time those 
 very laws were with more safety cherished here, and held, at least by 
 some, in much greater esteem than before." "^ 
 
 Sylvester Giraldus Cambrensis, who flourished in the reigns of 
 King Richard and King John, is supposed by Selden to cite under 
 the name of Elements, the Institutes of Justinian.' 
 
 " Doubtless there were a great many, in those days, who wholly 
 applied themselves, legibus terrce, to the study of the laws of the 
 land, or to those of our own country, without the least regard to the 
 Imperial Laws."* 
 
 But Mr. Charles Butler, who, as to Roger Vacarius (mentioned in 
 ch. 10, § 4, p. 173), made the observation below,^ says of the civil 
 law: 
 
 de la Marche, before she became John's tatio^ ch. 8, \ I, pp. i86, 187, of Kel- 
 
 queen, was, about 1220, married to ham's translation iu 177 1. 
 
 Hugh; she died in 1246, and was 'Id., p. 192. 
 
 buried at Fontevraud. Miss Strickland's *Id., p. 199. 
 
 Queens of England, vol. 2, p. 42, and S" Students flocked to him in such 
 
 p. 44 of Phila. edi., 1857. abundance as to excite the jealousy of 
 
 1 Horse JuridicK Subsecivfe, p. 71, of the government ; and the study of the civil 
 
 Phila. edi., 1808. law was prohibited by King Stephen.' 
 
 '^'Joannes Seldeni ad Fletam Disser- Horce Juridicce Subsecivce, p. 71. 
 
AND HIS Sons, 1154 to 12 16. 265 
 
 "It continued, however, to be encouraged by the clergy, and 
 became so favorite a pursuit, that almost all who aspired to the high 
 offices of church or state, thought it necessary to go through a regu- 
 lar course of civil law, to qualify themselves for them."" 
 
 " Through the peaceful reign of Henry the Second, Oxford quietly 
 ^rew in numbers and repute, and forty years after the visit of Vaca- 
 rius, its educational position was fully established." — "At the open- 
 ing of the thirteenth century, Oxford stood without a rival in its own 
 ■country, while in European celebrity it took rank with the greatest 
 schools of the western world." ' 
 
 3. Need fot beneficial infbience to restrain such despotic power as is 
 adverted to hi ch. 10, sec. i. Instances of its exercise in John's 
 reign. 
 
 In the reign of the last surviving son of Henry II, there was need 
 ibr all the good that could be obtained from any beneficial influence. 
 The despotic power adverted to in the first section of chapter 10 
 (p. 168), was' not at once relinquished. In the case of William de 
 Beaumont, in 31 Hen. 11,^ it may not have been wrong to fine 'the 
 faithless William ' fifty marks, or to fine ' his manoeuvering father-in- 
 law' double that amount; and if this money was paid, it might have 
 been very just that it should not remain in the king's treasury, but 
 go to "the daughter of Ranulph de Gedding." And in the case of 
 Henry de Wichinton, in 8 Ric. I,' it may have been very right to 
 discharge him from a fine for custody and marriage, obtained by 
 another instead of him. But in the reign of John, there were the 
 following cases : 
 
 I John. As to Philip Fitz-Robert, there is an entry of his paying a 
 fine of ;^2oo, and 100 bacons, and 100 cheeses for the grant of the 
 
 ^Id,; I Spence's lE^q., Look 2, ch. 2, less William was fined fifty marks, while 
 
 p. lo8, of vol. I. . his manoeuvering father-in-law was fined 
 
 'Green's Short Hist., ch. I, \ 4, p. in double that amount for permitting the 
 
 158 to 162; Green's Hist, of Eng. breach of the contract." Foss's Biogr. 
 
 Peep., book 3, ch. I, p. 200 to 205 of Jurid. 
 
 vol. I, edi. 1879. The quotation in the ^He "was discharged from the sum 
 
 text is from p. 201. of sixty marks, which he had been fined 
 
 8 It seems he " had contracted to for the custody and marriage of the 
 
 marry the daughter of Ranulph de daughter of Philip de Niewebote; the 
 
 Gedding, but altering his mind, had king having granted the same to Ralph 
 
 taken to wife the daughter of Mau- de Gernemure." Id.; citing Madox, i, 
 
 rice de Barsham; whereupon the faith- 202,323. 
 
266 Review of Period of Henry II 
 
 wardship and land of the heir of Ivo de Munby, till he was of age.'* 
 
 6 John. Case of the widow of Hugh Bardolph, mentioned in ch 13, 
 § 4, p. 242. 
 
 7 John. The king, in consideration of 600 marks and six palfreys, 
 granted to Richard Flandrensis (or le Fleming), and his four sons 
 after him, the custody of certain lands, and the wardship and mar- 
 riage of the heir of Richard de Greinville." 
 
 7 John. Elizabeth, "one of the daughters and co-heirs of WilHam 
 Avenel, of Hadden, in the Peak in Derbyshire," married Simon 
 Basset (son of William Basset, lord of Sapcote) and being now " his 
 widow, is fined 80 marks to the king, to have her inheritance (which 
 the king had seized on her husband's death) and that she should not 
 be compelled to marry.'"'' 
 
 9 John. William Pits- Warine (mentioned in ch. 15, § 11) obtained 
 royal "literas deprecatorias' to Gila de Kilpec, urging her to marry 
 him without delay ; for which intercession he presented the king with 
 a horse and a palfrey." 
 
 16 John. The widow of Stephen de Turnhant, paid 60 marks and a 
 palfrey for liberty to marry with whom she pleased." 
 
 J. What formed the strongest link between the witenagemot of 
 Edward the Confessor and the court and couyicil of the Co?i- 
 queror and his sons. Of Lanfranc and Anselm ; Roger of 
 Salisbury, Becket, Hubert Walter and Stephen Langton. Of 
 the Exchequer and the Curia Regis during the reigns of 
 Henry // and his sons. 
 
 In the view of Mr. Stubbs, it was the English "church which com- 
 bined Norman and Englishman in one service." — " It was the action 
 of Lanfranc and Anselm, that formed the strongest link between the 
 witenagemot of the Confessor, and the court and council of the 
 Conqueror and his sons. It was the hard and systematic work of 
 Roger of Salisbury that gave order to the Exchequer and the 
 Curia. The work of Becket, as chancellor, is thrown into the shade 
 by his later history, but he certainly was Henry's right hand in the 
 initial reforms of the reign; and the men who carried out those 
 reforms in a direction contrary to the policy which Becket, as arch- 
 bishop, adopted, were men who trod in the footsteps of his earlier 
 life. Hubert Walter, the administrator of Henry's system, who, 
 under Richafd and John, had completed the fabric of strong govern- 
 ment by means of law, and Stephen Langton, who deserves more 
 than any other person the credit of undoing the mischiefs that arose 
 
 i^Foss's Biogr. Jurid. ; citing Rot.de set, to whom she had given it ' as her 
 
 Oblatis, 24. heir,' and who was afterwards one of the 
 
 1' Foss's Biogr. Jurid. ; citing Rot. de justices itinerant for Derby, Nottingham 
 
 Finibus, '2.1\, 295. 362. and other counties. Foss's Biogr. Jurid. 
 
 '" In 10 Hen. Ill, this lady died, and i' Foss's Biogr. Jurid. 
 
 her land went to her son, William Bas- 1* Id. 
 
AND HIS Sons, 1154 to 12 16. 
 
 267 
 
 from that system, maintaining the law by making the national will 
 the basis of the strength of government, were both representative 
 men of the English church."^'' 
 
 "The Exchequer and the curia regis continue," through the reigns 
 of Henry II and his sons, " to exist in that close union which proves 
 their original identity; but whereas under Henry I the financial 
 character, under Henry II the judicial aspect, of the board is the 
 most prominent. In the former reign the curia regis, except when 
 the king takes a personal share in the business, seems to be a judicial 
 session of the exchequer, an adaptation of exchequer machinery to 
 judicial purposes ; under the latter the exchequer seems to be rather 
 a financial session of the curia regis. The king is, ostensibly, the 
 head of the one, the justiciar the principal actor in the other; but 
 still the fabric is the same: the judges are the same; the transac- 
 tions of the curia frequently take place in the chamber of the 
 exchequer, and are recorded in its rolls ; and through all the changes 
 by which the curia is modelled and divided, the exchequer forms a 
 rallying point, or common ground, on which all the members of the 
 supreme judicature seem, as in the exchequer-chamber" (of modern 
 times), to meet/" Mr. Stubbs's conclusion," for the present, is this : 
 " From the year 11 79, sessiqns of 'justitiarii in bancd^^ are regularly 
 held in the curia regis, nominally, but not actually, 'corapi rege! 
 These justices are a selection from a much larger staff, before whom 
 exchequer business is done, and who undertake the work of the 
 
 ^5 I Const. Hist., pp. 632, 633. Mr. 
 Stubbs says, " No doubt there were evils 
 in the secular employments of these 
 great prelates; but if> for a time the 
 spiritual work of the church was neg- 
 lected, and unspiritual aims fostered 
 within her pale, the State gained im- 
 mensely by being administered by states- 
 men whose first ideas of order were 
 based on conscience and law, rather than 
 on brute force. Nor was the spiritual 
 part of the work unprovided for. Three 
 archbishops of Canterbury, Anselm, 
 Ralph and William, all of them belong- 
 ing to the religious rather than the secu- 
 lar type, had sanctioned the employment 
 of Bishop Roger as justiciar ; and with- 
 out the consent of the pope, it is said, 
 he refused to bear the title. Innocent 
 III, when he insisted that Hubert Wal- 
 ter should resign the like office, shewed 
 that the growing sense of the age for- 
 bade what so great a. saint as Anselm 
 had connived at ; but that growing sense 
 
 had been educated, in great measure, by 
 the system which it was soon to dis- 
 card." Id., p. 633. 
 
 "Id., pp. 596, S97. "The court of 
 exchequer, taking special cognizance of 
 suits touching the revenue, possessing a 
 different body of judges and a distinct 
 code of customs, does not as yet exists 
 but it may be justly presumed that 
 where such suits were entertained, the 
 judges before whom they were tried 
 would be those who were most familiaf • 
 with the financial work." Id., 597. 
 
 "Id., pp. 602, 603. 
 
 18 Glanville uses the wo»ds ' Coram jus- 
 ticiariis in banco sedentibus ? Lib. ii, 
 c. 6; or residenlibus, lib. viii, c. i ; lib. 
 xi, c. I ; but, notwithstanding 2 Inst., 
 pp. 22, 23, and p. xiv of preface to 8- 
 Rep., it" is thought these words do not 
 mean the Common Bench, or court of 
 Common Pleas, i Stubbs's Const. Hist.,, 
 p. 602, note 2. 
 
'268 Review of Period of Henry II 
 
 ■circuits : and it would appear probable that the selection was altered 
 from time to time, possibly from year to year. Their work was to 
 hear all suits that were brought before the king, not only criminal, 
 but civil cases, in which the revenue, or rights of the king were 
 touched, and cases of private litigation with which the king, except 
 as supreme judge, had no concern : all the business, in fact, which 
 came at a later period before the courts of King's Bench, Exchequer 
 and Common Pleas. Although their deliberations were not held in 
 the king's presence, they followed his person, or the justiciar, in the 
 king's absence; a rule which must have been most burdensome to 
 ordinary suitors, and which accordingly, so far as touches private 
 civil suits, or 'communia placita' was abolished by Magna Carta."" 
 " The reservation of knotty cases, to be decided by the king, with 
 the council of his wise men," "continues the ancient personal juris- 
 diction of the sovereign." ™ 
 
 4. Of matters out of the jurisdiction of the common law, and within 
 the jurisdiction of the lord admiral, or some other. Of the prin- 
 ciples of equity ; the chancellor's increased importance ; and the 
 nature of his functions. How his equitable jurisdiction arose. 
 Also of the antiquity and dignity of the keeper or master of the 
 rolls. 
 
 "Altum mare is out of the jurisdiction of the common law, and 
 within the jurisdiction of the lord admiral, whose jurisdiction is very 
 ancient, and long before the reign of Edward the Third, as some 
 have supposed, as may appear by the laws of Oleron" (mentioned in 
 ch. 12, § 15, p. 233), "that there had been then an admiral time out 
 of mind." ''^ 
 
 Mr. Spence observes that "the power of the king's justices to 
 modify the rigour of the law by applying to its interpretations the 
 principles of equity, as distinguished from those of strict law, in 
 certain cases, is expressly recognized by Glanville'^^ and by Brac- 
 ton;"^' that "such modifications constituted a part of the jus preeto- 
 'rium, which was constructed by the common law judges." " 
 
 ''Clause 17, or as in translation 20, in the reigns of Henry the Third, Ed- 
 
 ante p. 255. yhough the fixing of the ward the First, and Ed ward the Second." 
 
 common pleas at Westminster may be Co. Lit. 260; 2 Browne's Civil Law, ch- 
 
 said to have broken up the unity of the i, p. 24, et ieq. 
 
 curia, yet it was not until the end of the ^ Glanville, p. 12 b, 23 b; edi. 1780. 
 
 reign of Henry III that the general staff ^Bracton, fo. 12 iJ, 23 b. 
 
 was divided into three distinct and perm- " i Spence's Eq. 126. The jus hono- 
 
 anent bodies of judges, each under its rarium or Itx pratoria is spoken of in 
 
 -own chief. Id., 603. Id. 214; and in part 2, book I, ch. I, 
 
 ™ Id., 603. pp.322, 323, et seq. See also book 2, 
 
 ^'"And by manj^other ancient records ch. i, p. 419. 
 
AND HIS Sons, 1154 to 12 16. 269' 
 
 "Although there be as yet no traces of the chancellor having a sep- 
 arate court of his own, either for common law or equitable jurisdic- 
 tion, it is certain that in the time of Henry II, he was looked up to 
 as a high judicial authority, and he occasionally went the circuit as a 
 justice in eyre, or of assize." " 
 
 This language of Lord Campbell may be read in connection with 
 that of Mr. Stubbs. The latter speaks of "the royal justice diffused 
 through the close personal council, or tempered and adapted by royal 
 grace and equity under the pen of the chancellor, or exercised in the 
 national assembly as in the ancient witenagemote." Admitting that 
 " the growth of the chancellor's jurisdiction does not fall within the 
 present period," he considers that "the increased importance of his 
 position is remarkable and the germ of his future functions was in 
 being already." He quotes William FitzStephen, one of Becket's 
 clerks, as writing thus : 
 
 " Cancellarii Anglics est ut secundus a rege in regno habeatur, ut 
 altera parte sigilli regii quod est ad ejus per tine t custodiam, propria 
 signet magnata ; ut capella regis in ipsius sit dispositione et cura, ut 
 vacantes archieopriscopatus, episcopatus, abbatias et baronias cadentes 
 in manu regis ipse suscipiat et co7iservet; ut omnibus regis adsit con- 
 siliis, ut etiam nan vocatus accedat; ut omnia sigilli feri regii clerici 
 sui manu signentur, omnia cancellarii consilio disponantur ; item ut, 
 suffragantibus ei per Dei gratiam vita; mentis, non moriatur nisi 
 archiepiscopus aut episcopus si voluerit. Inde est quod cancellaria 
 emendd non est." 
 
 Mr. Stubbs supposes that the term 'secundus a rege' probably 
 means next after the justiciar ; and states that the Dialogus de Scac- 
 cario (lib. i, c. 5), confirms most of the biographer's statements; 
 " nothing is done without his " (the chancellor's) , " consent and 
 advice, either in the curia or in the exchequer; he has charge of 
 the royal seal, seahng it up into its loculus or purse, which is kept 
 by the treasurer." Mr. Stubbs observes that, "The fact that the 
 chancellor was always in attendance on the king, led to the petitions 
 for royal grace and favour being entrusted to him, first for custody, 
 and afterwards for hearing. Hence arose the equitable jurisdiction 
 by which he remedied the 'summum jus' of the common law, or 
 
 ^ I Campbell's Lives of the Chancel- citing Mad. Ex., p. 6i ; Lord Lyttelton's 
 lors, ch. 4, p. 104, of Boston edi. 1874; Hist, iii, 479; 4 Inst. 159. 
 
270 Review of Period of Henry II 
 
 promised remedies in cases which were not provided for by the com- 
 mon lawyers." ^° 
 
 Not only the chancellor, but " the keeper or master of the rolls, of 
 the king's chancery, is an officer of great antiquity and dignity." It 
 is stated that in a MS. treatise of the court of chancery, Sir Robert 
 Cotton writes "that the 'Gustos Rotulor.' or Master of the Rolls, hath 
 been an officer in this court, of as long continuance as the chancellor 
 hath been a magistrate."^' 
 
 J. Of the itinerant justices ; and the shire-moot. 
 
 The visits of the itinerant justices^ form the link between the 
 curia regis and the shire-moot.^' The power of the sheriff had been 
 very much limited, not only by the course of politica;l events, but by 
 the process of centering the administration of justice in the hands of 
 the itinerant justices and the curia regis. At the beginning of the 
 period (under Henry II and his sons), the sheriffs were the 'errantes 
 justitics,' only occasionally superseded and superintended by the 
 itinerant justices.™ From ii 70, after the proceedings under Henry's 
 commission of enquiry," their authority is more and more limited.'^ 
 
 ^^i Const. Hist., ch. 13, pp. 603, 604, and conducted the tourn and leet, or the 
 
 note 5. For the passage in italics there courts which were afterwards so called, 
 
 may be reference to Becket's life; Mr. In 11 66 they were still in the same 
 
 Stubb's cites 'V. S. Thorn, i, 186.' position; the itinerant justices by them- 
 
 2'Ch. 4, p. 95 of Legal Judic. in Ch., selves, and the sheriffs by themselves, 
 
 edi. 1727. received and acted on the presentment 
 
 ^^ Id., p. 605. of the grand juries." Id., 606. 
 
 IS ' Perlustrantes judices' is the term ''Id., p. 472. 
 used by the author of Dialogus ; the '^ In the Assize of Northampton they 
 commissioners of 1 1 70, are called ' Ba- are rather servants than colleagues of 
 rones errantes.' Mr.' Stubbs observes the itinerant justices; in H94, itispro- 
 that "the justices of the year 11 76 are vided that they shall no more be jus- 
 the first to whom the name Justitiarii tices in their own counties, and the 
 Itinerantes is given in the Pipe Rolls." elective office of coroner is instituted to 
 Id., p. 605. relieve them from the duty of keeping 
 
 3" " As sheriffs, probably, they presided the pleas of the crown. In 1195, tho 
 
 in the court of the county, in which the duty of receiving the oath of the peace 
 
 suitors were the judges and were answer- is laid, not on the sheriffs, but on knights 
 
 able for the maintenance of the peace ; assigned in each county, the duty of the 
 
 as royal justices they acted under special sheriffs being only to receive and keep 
 
 writ, managed the pleas of the crown the criminals taken by these knights 
 
AND HIS Sons, 1154 to 1216. 271 
 
 After stating the nature of the regulations, Mr. Siudbs questions 
 whether they were strictly observed, especially as before the year 
 1258 the sheriffs seem to be as powerful as ever, but" in his opinion, 
 "they show a distinct policy of substituting the action of the justices 
 for that of the sheriffs, a policy which might have led to judicial 
 absolutism were it not that the growing institution of trial by jury 
 vested in the freemen of the county far more legal power than it 
 took away from the sheriffs." ^^ 
 
 The shire-moot which assembled to rfteet the itinerant judges, was 
 a much more complete representation of the county than the ordi- 
 nary county court which assembled from month to month.''* Not 
 even the tenants of a great escheat in the royal hands escaped 
 the obligation to attend their visitation. The representation was 
 thoroughly organized : side by side with the reeve and four men 
 of the rural townships, appeared the twelve legal men of each of the 
 chartered boroughs which owed no suit to the ordinary county court. 
 In the formation of the jury of presentment the principle is as' clear ; 
 each hundred supplies twelve legal men, and each township four, to 
 make report to the justices under the assize of Clarendon ; and in 
 1 1 94, twelve knights from each hundred answer for their hundred 
 under all the articles of the eyre, whether criminal, civil or fiscal.'^ 
 
 until the coming of the justices. In the proceeding by the justices in eyre, 
 
 1215 the barons propose that the sheriffs in their eyre, is stated by Lord Coke, in 
 
 shall no longer meddle with the pleas of his exposition of Stat. Westm. I, c. 27: 
 
 the crown without the coroners; whilst "First they had their authority and 
 
 the great charter, in the clause founded power by writs, which writs were at 
 
 on that proposal, forbids either sheriff or their sessions first read, ' Quibus auditis, 
 
 coroner to hold such pleas at all." Id., quidam major eorum et discretior , pub- 
 
 p. 606. lice coram omnibus proposuit qua sit 
 
 "Id., pp. 606, 607. cau^a adventus eorum, quce sit uiilitas 
 
 '*Id., p. 607. The great franchises, itinerationis et quce commodilas, si pax 
 
 liberties and manors which by their observetur, St'c' The charge being 
 
 tenure, were exempted from shire-moot given, then were the bailiffs of the hun- 
 
 and hundred, were, before theEe visitors, dreds called, and their names enrolled, 
 
 on equal terms with the freeholders of. and every of them sworn, that out of 
 
 the geldable, as the portion of the county every hundred they should choose four 
 
 was called, which had not fallen into knights, who forthwith should come 
 
 the franchises. Id., p. 607. before the justices, and should be sworn 
 
 ^^ Id., pp. 607, 608. The manner of that they should choose twelve knights, 
 
272 Review of Period of Henry II 
 
 The court thus strengthened and consolidated is adopted by the 
 royal officers as an instrument to be used for other purposes.'^ 
 
 6. From the system of recognitions, assizes and presentments, by- 
 jury, Mr. Stubbs traces the growth of the principle of repre- 
 sentation. 
 
 "It is in the new system of recognitions, assizes and presentments 
 by jury that we find the most distinct traces of the growth of the- 
 principle of representation; and this in three ways. In the first 
 place, the institution of the jury was itself based on a representative 
 idea ; the jurors, to whatevec fact or in whatever capacity they swore, 
 declared the report of the community as to the fact in question. In 
 the second place, the method of inquest was, in England, brought 
 into close connection with the procedure of the shire-moot, and thus 
 the inquisitorial process, whether its object was the recognition of a 
 right or the presentment of a criminal, was, from the moment of its 
 introduction, carried on in association with the previously existing 
 representative institutions, such as were the reeve and four best men, 
 the twelve senior thegns, and the later developments of the same 
 practice, which have been enumerated in " Mr. Stubbs's " account of 
 the formation of the county court and the usage cf legal assessment. 
 In the third place, the particular expedients adopted for the regula- 
 tion of the inquests paved the way, in a remarkable manner, for the 
 system of county representation jn the parliament, as " it is " exem- 
 plified on the first occasion of its appearance in the reign of John. 
 The use of election and representation in the courts of law furnished 
 a precedent for the representation of the county by two sworn 
 knights in the national council."" — "The humble processes by which 
 men had made their by-laws in the manorial courts and amerced the 
 oifenders ; by which they had assessed the estates or presented the 
 report of their neighbours ; by which they had learned to work with 
 the judges of the king's court for the determination of questions of 
 custom, right, justice and equity, were the training for the higher 
 functions, in which they were to work out the right of taxation, legis- 
 lation and political determination on national action." ^ 
 
 or free and lawful men, if knights could distinctly and openly." 2 Inst., pp.. 
 
 not be found, &c., by whom the business 2io, 2il. 
 
 of the king the better and with greater '^ Observing that "all who are bound 
 profit, might be expedited ; who, being to attend before the itinerant justices are- 
 returned and sworn, then should be read compelled to attend the forest courts," 
 to them the chapters or articles of their Mr. Stubbs suggests "that they proba- 
 charge, in writing indented, the one part bly form 'Cs\& posse comitatus which elects,, 
 whereof was delivered to them and the according to Magna Carta, the knights 
 other part remained with the justices; whoare to take the assizes.and the twelve 
 and commandment was given to them knights who are to enquire into the 
 by the justices, that to every chapter or abuses which Magna Carta was designed, 
 article they should answer in their ver- to reform." \ Const. Hist., p. 6o8. 
 diet severally, and by itself, sufficiently, "Id., pp. 6o8, 609. ^^Id., p. 623.. 
 
AND HIS Sons, 1154 to 1216. 273 
 
 7. Of the English consHtuHonal system, as viewed by Mr. Stubbs. 
 
 The great cliaracteristic of the English constitutional system, as 
 viewed in Mr. Stubbs's pages, — the principle of its growth, the secret 
 of its construction, — is the continuous development of representa- 
 tive institutions from the first elementary stage, in which they are 
 employed for local purposes and in the simplest form, to that in 
 which the national parliament appears as the concentration of all 
 local and provincial machinery, the depository of the collective 
 powers of the three estates of the realm.** In the reigns- of Henry 
 II and his sons, there is traced the inter-penetration, the growing 
 together, of the local machinery and the administrative organism ; 
 and there is a view of the great crisis by which they were brought 
 together. Now we may begin to trace the process by which the 
 administrative order is worked into the common law of the people, 
 and the common institutions of the people are admitted to a share in 
 the administration of the State.*" 
 
 8. Of legislative work during the reigns of Henry II and his sons. 
 
 The documentary remains of the legislation of Henry II and his 
 sons, are very scanty. The work of Glanville is not a book of 
 statutes, but a manual of practice ; and although it incorporates, 
 no doubt, the words of ordinances which had the force of laws, it 
 nowhere gives the literal text of such enactments. The formal edicts 
 known under the name of Assizes, are the only relics of the legisla- 
 tive work of the period. They are not direct re-enactments or 
 amendments of the ancient customary law, and are not drawn up in 
 the form of perpetual statutes; they rather enunciate and declare 
 
 ^' Mr. Stubbs expresses himself thus : polity was wanting in its local and pro- 
 
 " We have traced in the Anglo-Saxon vincial organism, but that the strength of 
 
 history the origin and growth of the the former was in the lower, and that of 
 
 local institutions, and in the history of the latter in the upper ranges of the 
 
 the Norman reigns, the creation of a social system, and that the stronger parts, 
 
 strong administrative system. Nof that of each were permanent." i Const, 
 
 the Anglo-Saxon rule had no adminis- Hist., pp. 544, ,545. 
 trative mechanism, or that the Norman '"Id., pp. 544, 545. 
 
 18 
 
274 Review of Period of Henry II 
 
 new methods of judicial procedure, which would either work into or 
 supersede the procedure of the common law ; yet it is to the assize 
 that the most important legal changes of the period owe their 
 origin." 
 
 9. Whence arose the systematic order. Influence oj the ecclesiastical 
 system upon local tribunals and their officers, and the forms and 
 modes of proceeding. 
 
 " The systematic order of the growing polity was not a litde 
 indebted to the fact that there existed in the church system a set of 
 models of work. The church had its ranks and degrees, codes of 
 laws and rules of process, its councils and courts, its central and pro- 
 vincial jurisdictions, its peculiar forms of trial and arbitration, its 
 system of writ and record. In a crisis in which representation and 
 election were growing into importance, and in which all forms were 
 manipulated by clerical administrators, the newer forms must needs 
 be moulded, in some degree, on the older." *^ — " The assemblies of 
 the clergy kept up forms that were easily transferred to the local 
 moots ; the bishop's visitation was a parallel to that of the sheriff; 
 the metropolitical visitation, to that of the Curia or Exchequer ; 
 spiritual excommunication was parallel with civil outlawry; clerical 
 procurations with royal purveyance and the payments to the sheriff 
 for his aid ; the share of the clergy in determining their assessments, 
 suggested the like action on the part of the lay communities, or at 
 least familiarized men with a system of the kind."** 
 
 "The ecclesiastical system of writ, summons and record, was prob- 
 ably, in England, derived from the extensive documentary machinery 
 of the church of Rome, which, in its turn, was derived from the 
 similar practice of the later empire. The writs of the Norman curia 
 may not improbably have been drawn by continuous practice from 
 the formulae of the imperial system of the Franks, great stores of 
 which are to be found in the collections of Marculf and other jurists. 
 The growth of the system is accordingly complex, the written forms 
 
 " Id., pp. 573, 574. In the drawing divisions of the dioceses made indelible 
 
 up of the assize, the king acted by the the civil boundaries which feudal aggres- 
 
 advice and consent of his national coun- sion would have gladly obliterated. The 
 
 <;il. Mr. Stubbs gives instances to prove arch-deaconries, deaneries and parishes 
 
 the share taken by the national council preserved the local unities in which they 
 
 in such legislation. Id., pp. 574, 575. had themselves originated, and the 
 
 *^'The legislation of the period, the exempt jurisdictions of the convents 
 
 assizes and constitutions, bear, in com- we^e in their nature an exact parallel 
 
 raon with the Karolingian capitularies, with the franchises of the feudal lords, 
 
 a strong resemblance to ecclesiastical and in the use of great ecclesiastical 
 
 canons, a form which was universal establishments, possessed both charac- 
 
 and vigorous when the capitulary was ters." Id., p. 634. 
 
 forgotten. The local and territorial *' Id., p. 634. 
 
AND HIS Sons, 1154 to 1216. 275 
 
 ■of procedure, both lay and clerical, being developed side by side, or 
 in constant entanglement with one another, as might well be the 
 case when they were drawn up by the same writer. It is, however, 
 interesting to observe that the custom of registering the acts of 
 court, and retaining copies of all letters issued by the king, seems 
 to have' been introduced either late in the reign of Henry II, or 
 under Richard and John, under whom the great series of national 
 records begin. WilHavt Longchamp, the chancellor and justiciar of 
 Richard, who, with all his great faults, must have also had a great 
 capacity for business, and who, as we learn from , the Red book of 
 the Exchequer, took pains to make himself familiar with its details, 
 must have authorized, perhaps suggested, the enrolment of the acts 
 of the curia; it was carried out under his vice-chancellor and succes- 
 sor, Bishop Eustace." The enrolment of charters and of letters 
 patent and close, begins in the chancellorship of Hubert Walter, and 
 is carried out by Walter de Grey, afterwards archbishop of York,*^ 
 who has left in the register of his archiepiscopal acts, one of the 
 -earliest existing records of the kind. The Lincoln registers begin 
 with the acts of Bishop Hugh, of Wells, who had been a deputy 
 of the chancellor from 1 200 to 1 209. If the episcopal registers were 
 ■drawn up in imitation of the royal rolls, the latter owed both idea 
 and form to the papal registry, the influence of which was under 
 Innocent III, supreme in Europe, and which could trace its method 
 through the ' regesta ' of Gregory VII and the earlier popes, to the 
 practice of the ancient republic. In such matters it" may not be 
 strictly accurate " to say that church and state borrowed from each 
 other ; each had a vitality and a development of its own, but each 
 gained strength, versatility and definiteness from their close union ; 
 and that close union was made closer still whilst the business of the 
 two was conducted by the same administrators." *^ 
 
 **Mentioned in ch. xii, | 9, p. 226, de Grey, received the pall May 24, 1216. 
 
 and ^ 12, p. 230. His duties ended on Toss's Biogr. Jurid. 
 
 Richard's death. ''^ i Stubbs's Const. Hist., pp. 635, 
 
 '^Elected in opposition to Simon de 636, 637. 
 Langton, brother to the primate. Walter 
 
276 In Reign of Henry III [tit. iv 
 
 Title IV. 
 
 INSTITUTIONS OF ENGLAND FROM 1216 UNTIL 1307. 
 
 Chap. XV. — ^Institutions in the reign of Henry III — izi6 to 1272. 
 
 XVI. — Institutions in the reign of Edward I — 1272 to 1307. 
 
 XVII. — Review of the whole period — 1216 to 1307. 
 
 CHAPTER XV. 
 
 INSTITUTIONS IN THE REIGN OF HENRY III— 1216 
 
 TO 1272. 
 
 I. Age at which Henry was crowned ; And first business of the 
 council. Who had the guardianship of the king and the 
 kingdom. How much of the Great Charter was republished. 
 Wisdom of the government. 
 
 Henry, eldest son of King John and Queen Isabella, had not com- 
 pleted the tenth year of his age," when, at Gloucester, on October 28, 
 1 2 16, he took the constitutional oaths. The first business of the 
 council summoned for November 11, at Bristol, was to determine 
 who should have the guardianship of the king and the kingdom : 
 
 ' Fuller mentions him as born in 1208. years old," when he took these oaths.. 
 '2 Fuller's Worthies, edi. 1840, p. 5. 2 Const. Hist., ch. 14, p. 18. 
 Mr. Stubbs calls him " the boy of nine 
 
•CH. XV.] i2i6 TO 1272. ■ 277 
 
 the barons determined to appoint a regent, and chose by common 
 assent, the earl of Pembroke" to be 'rector regis et regni! With 
 him were associated as chief councillors the pope's legate (Gualo) 
 and Peter des Roches (or de Rupibus), bishop of Winchester." 
 
 "The Great Charter was republished;* not indeed in its complete- 
 jiess, but with an express statement that no permanent infraction 
 was contemplated. All the material provisions for the remedy 
 of administrative oppressions were retained; but the constitutional 
 clauses, those touching taxation and the national council, were 
 omitted. The articles that concerned the debts of the Jews, the 
 right of entering and leaving the kingdom, the forests, warrens and 
 rivers, were likewise put in respite until fuller counsel could be had." ' 
 
 It is " by no means the least curious feature of the history that so 
 few changes were needed to transform a treaty won at the point of the 
 sword into a manifesto of peace and sound government; that the 
 papal power, which a year before had anathematized the charter and 
 its advocates, could now accept and publish it as its own; and that 
 the barons who had to the last supported John in repudiating it, 
 should, the moment he was taken out of the way, declare their adhe- 
 sion to it. Nor is it less a proof that the baronial body, whether for 
 or against the king, was in the main actuated by patriotic feeling, 
 . and ready to take the same line of reform." ° 
 
 2. Of the regent, William Maresckall, earl of Pembroke, and his 
 sound policy ; the chief justiciary, Hubert de Burgh, and his 
 efforts ; and the treaty of peace with Lewis of France. Pacifi- 
 cation crowned by a new re-issue of Magna Carta , and by a 
 new charter, the Carta de Foresta. 
 
 The royal authority was in the han^s of one who was to stand 
 high among Enghsh patriots. His sagacious policy drew to him all 
 save those who were hopelessly committed to the invader.' He 
 
 '^ Id., p. 18 to 20. As to him, see ch. (edi. 1810), p. 14 to 16. Stubbs's Select 
 
 12, \ I, p. 216, and ch. 13, \ 3, p. 239, Charters, p. 328 to 334. 
 
 "In 1212 Prince Henry had been *2 Stubbs's Const. Hist., ch. 14, pp. 
 
 specially committed to his care." (Rot. 20,21. Green's Hist, of Engl. Peop., 
 
 Pat. 95.) Now "all the first mandates, book 3, ch. 2, vol. i, p. 253. 
 
 issued in the king's name, were sealed *2 Stubbs's Const. Hist., ch. 14, p. 21. 
 
 with the earl's seal, because the king" 'Fuller observes of Henry III, "He 
 
 "had none." Foss's Biogr. Jurid. had scarce half a kingdom in the begin- 
 
 ^2 Stubbs's Const. Hist., ch. 14, p. 20; ning of his reign; Lewis, of France, 
 
 3 Lingard's Engl., ch. 2, p. 74. being brought in to be king by the Eng- 
 
 * Magna Carta Regis Henrici III, lish in their hot, and cast out in their 
 
 XII, die Novembris Anno Regni primo, cold blood." 2 Fuller's Worthies, edi. 
 
 A. D. MCCXVI. I Stat, of the Realm 1840, pp. 5, 6. 
 
278 In Reign of Henry III [tit. iv 
 
 placed the country under a government which included all elements 
 and found room for all energies.* Hubert, de Burgh retained th& 
 office of chief justiciary.' William Briwer continued his exertions.'* 
 In 1 2 17, Lewis was weakened by the battle at Lincoln, May 24." 
 July 22 is the date of the "summons of the sheriff to bring up the 
 county in arms." " A French armament, under command of Eustace 
 Le Moyne, was destroyed August 24, by a fleet placed by Hubert de 
 Burgh in command oijohn Mareschall and Philip de Albini.^' Lewis, 
 was now compelled to come to terms : negotiations begun at Kings- 
 ton were completed by a treaty at Lambeth on September 11. On 
 the 23d, final arrangements were made at Merton for his departure. 
 This treaty bespeaks sound policy, honesty and forbearance on both 
 sides. 
 
 " Lewis stipulates for the safety of his confederates ; and the royal 
 party shows no desire of vengeance. All parties alike, individuals 
 and communities, are restored to their lands, and are to enjoy the 
 rights, customs and liberties of the realm. Prisoners are to be set 
 free, and ransoms remitted under a careful arrangement to prevent 
 fraud."" 
 
 The general pacification was crowned (November 6) by a second 
 re-issue of the charter,'" this time accompanied by a new charter, the 
 Carta de Foresta," dated November 6, in 2 Hen. Ill, in which the 
 forest articles of John's charter were renewed and expanded." 
 
 ' 2 Stubbs's Const. Hist., p. 4. Green's '"Select Charters, p. 334, 
 
 Short Hist., ch. 4, \ 3, p. 155, '^Foss's Biogr. Jurid. As to John 
 
 9 There are mandates to him in that Mare^ckail see further in § 6, p. 285, 286. 
 
 character in I2l5, and for years after- 1*2 Stubbs's Const. Hist., ch. 14, pp^ 
 
 wards. For his support in this office his 24, 25. 
 
 salary was ^Tpo per annum; he had ^\ Stat, of the Realm, p. 17 to 19;. 
 
 ;^i,ooo for the custody of Dover Castle. Select Charters, p. 334 to 338. 
 
 Foss's Biogr. Jurid.; citing Devon's '^Id., p. 338 to 342; Stat, of the 
 
 Issue, Roll 2. Realm, pp. 20, 21. Between printed 
 
 '"Till Prince Lewis was forced to pages, 20 and 21, is Carta de Foresta, 2 
 
 retire from the kingdom. Briwer died Hen. HI in Archivis Eccl. Cathed. 
 
 in 1226 (2 Hen. Ill), and was buried in Dunelm Asservata. 
 
 the abbey of Dunkeswell, in Devon- " 2 Stubbs's Const. Hist.,, ch. 14, pp^ 
 
 shire. Foss's Biogr. Jurid. 25, 26. 
 
 "2 Stubbs's Const. Hist., ch. 14, p. 24. 
 
CH. XV.] i2i6 TO 1272. 279' 
 
 J. The Great Charta is, in the re-issue of 1217, in its final form ; 
 the text being never again materially altered. Of the charter of 
 the forest; and the return to England in May, 1218, of Stephen 
 Langton, archbishop of Canterbury. Also of Walter Gray, 
 archbishop of York. 
 
 Of the re-issue in 1217, it has been observed that.it "presents the 
 great charter in its final form;" that "although frequently repub- 
 lished and confirmed, the text is never again materially altered." '* 
 
 "The charter of 1 217 differs from the two earlier editions in several 
 points: it does not contain the respiting clause of 12 16, although it 
 provides a substitute in its 46th article, reserving to all persons, lay 
 and clerical, the liberties and free customs they possessed before. 
 Two new clauses form a gerrii of later legislation; the 39th, which 
 directs that no freeman shall henceforth alienate so much of his land 
 that the residue shall be insufficient to furnish the legal services due 
 to his lord, is said to be the first legal restraint on alienation on 
 record in this country, and in another aspect, contains the principles 
 of the statute Quia emptores ; the 43d, forbidding the fraudulent 
 transfer of lands to religious houses, stands in the same relation to 
 the statute 'de religiosis.' " ■" — "The 42d article orders the county 
 court to be held monthly, and the sheriff's tourn, which now first 
 appears in the charters, twice a year.^° The same clause also regu- 
 lates the view of frank pledge, and affords the first legal evidence of 
 its general obligation. The annual sessions of the itinerant justices 
 are reduced from four to one, and their functions are somewhat lim- 
 ited."'^ 
 
 "The charter of the forest,"'^ put forth at the same time, and in like 
 form, was probably no less popular or less important; for the vast 
 extension of the forests, with their uncertain boundaries and indefi- 
 nite privileges, had brought their peculiar jurisdictions and minute 
 oppressions into every neighborhood, and impos.ed on all the inhab- 
 
 '^ 2 Stubbs's Const. Hist., ch. 14, p. 27. and wapentake courts every three 
 
 •'2Stubbs's Const. Hist., ch. 14, pp. weeks, instead of every fortnight, as 
 
 26, 27. " The 47th clause again, which had been usual under Henry II. Id. 
 
 orders the deEtruction of adulterine '' " This was possibly a concession to 
 
 castles, and the 44th, which provides the feudal feeling which long continued 
 
 that scutages shall be taken as in King hostile to the king's aggressive judica- 
 
 Henry's time, may show that, in some ture.'' Id., p. 27. 
 
 points, the current of recent history had '""John issued no Forest charter;" 
 
 been retrogressive." Id., p. 27, "that given by Matthew Paris, in his 
 
 ™This clause was explained and name, is Henry's charter of 1217." 
 
 modified by Henry III, in an edict 2 Stubbs's Const. Hist., ch. 14, p. 27, 
 
 which directs the holding of hundred note 4. 
 
280 In Reign of Henry III [tit. iv 
 
 itants of the counties in which they lay, burdensome duties and liabili- 
 ties, rivalling in number and cogency the strict legal and constitutional 
 obligations under which they still groaned. The forest courts stood 
 side by side with the county courts, the forest assizes with the ses- 
 sions of the shire and hundred ; the snares of legal chicanery, the 
 risks of offence done in ignorance, lay in double weight on all. This 
 charter was a great measure of relief." ^^ 
 
 Langton returned to England in May, 1218; "he had in Walter 
 Gray, now archbishop of York (a position which he held for forty 
 years), an experienced colleague in the government of the church, 
 and a helper of official knowledge, honesty and ability.^* 
 
 4. Testimonial to the great man who, after acting as guardian to the 
 king and regent of the kingdom, died May 14, I2ig . 
 
 Of William Marshall, earl of Pembroke, it is said : 
 
 That "by the skill of his arrangements and the activity of his move- 
 ments, he defeated the invading prince, intercepted and destroyed 
 the French fleet sent to his aid, and compelled him to sue for peace 
 and abandon his enterprise; by his moderation he induced most of 
 the discontented barons to submit to the royal authority ; and by his 
 energy in punishing those few who still resisted, he compelled the 
 respect that was due to the sovereign power, and in lesg than two 
 years restored to the kingdom, which had so long suffered from civil 
 contentions, the blessing of internal peace." ^° 
 
 "The aged warrior who had shared the rebellion of the younger 
 Henry in 1173, and had stood by his death-bed; who had over- 
 thrown the administration of William Longchamp, and joined in the 
 outlawry of John; who had been, in 1215, the mainstay of the royal 
 party, and had seen his son the leading spirit of the opposition ; who 
 had secured the crown for Henry III, by holding out the promises of 
 good government, which his father had broken, — now puts forth as a 
 
 ^'"The inhabitants of the counties was in May, 1218, as stated by Mr. 
 
 not living within the forests are released Stubbs from Ann. Mailros, p. 196, 
 
 from the duty of attending the courts, then there is inaccuracy in Mr. Green's, 
 
 except on special summons ; the forests statement that Langton's return to 
 
 made in the last two reigns are disaf- England is marked by a second issue 
 
 forested ; much of the vexatious legisla- of the charter, and the addition of a 
 
 tion of Henry II is annulled, and the charter of the forest. Short Hist., ch. 
 
 normal state of the rights of land- 3, \ 5, p. 166. This is omitted in Mr. 
 
 owners adjusted to their condition at the Green's more recent work. Hist, of 
 
 time of that king's coronation." Id., Engl. Peop., book 3, ch. 2, p. 253, of 
 
 p. 28. vol. I, edi. 1879. 
 
 ^ 2 Stubbs's Const. Hist., ch. 14, p. ^ Foss's Biogr. Jurid. 
 
 29. If Langton's return to England 
 
■CH. XV.] 1216 TO 1272. 281 
 
 ■constitutional platform the document whose growth and varying 
 fortunes he had so carefully watched." * 
 
 One of the last public acts of William Marshall's life was to induce 
 the council of the realm to provide that no charter, letters patent of 
 confirmation, alienation, sale or gift, or any other act that implied 
 perpetuity, should be sealed with the great seal before the king 
 reached full age." Immediately afterwards, Gualo, who had been 
 earnest in his support of the secular government, and faithful to his 
 public duties, returned to Rome, and was succeeded by Pandulf, who 
 was already too well known in England.'^ The regent, who had 
 flourished in four reigns, during three of which he was high in the 
 royal confidence, died in the spring of 12 19, to the great regret of 
 the whole nation.^' 
 
 J". Under whose care Henry was after the death of the Earl of Pem- 
 broke. Who inherited that earl's preeminence. How the policy 
 of Peter, bishop of Winchester, differed from that of Hubert de 
 . Burgh, the justiciar. Of Henry's second coronation, May //, 
 I220 ; and other matters in 1220, 1221 and 1222. 
 
 " Henry remained under the care of the bishop, Peter, of Win- 
 chester ; but that ambitious prelate did not venture to call himself 
 ' rector regis et regni; ' nor did Pandulf assert any- such right on 
 behalf of his master. The personal preeminence which had been 
 allowed to the earl Marshall, seems to have been inherited by the 
 ^Msiiciax," {Hubert de Burgh,) "although the writs which had been 
 hitherto attested .by -the regent as the king's representative, were 
 frequently ,^from this time, attested by Bishop Peter. The bishop's 
 functions were probably those of the king's personal guardian, and 
 
 ^*2 Stubbs's Const. Hist., ch. 14, p. 28; for raising money. Id., pp. 39, 40. 
 
 also, p. 26. ^ Id;, pp. 29, 30. Giialo left on the 
 
 2' This provision was made between 23d of Nov. ; Pandulf arrived Dec. 3. 
 
 Octo. 7, 1218, and Feb. 24, I2ig, pro- Id., p 30, note 3. 
 
 bably on Nov. 5, on which day the 2'' He died May 14 at his manor of 
 
 king's seal was first used. 2 Stubbs's Caversham, near Reading, and was 
 
 Const. Hist., ch. 14, p. 30, and note 2. buried on Ascension day, or the morrow 
 
 In 1227 (when the king came of age) it of it (May 16 or 17), in the church of the 
 
 was interpreted to imply the nullity of new temple in London, where his monu- 
 
 charters issued during the minority, and mental effigy still remains. Id.,, p. 30, 
 
 letters were issued directing application and note 3; i Turner's Engl., ch. 12, p. 
 
 for their renewal. The renewal was to 433, note 6, citing Matt. Paris 304. 
 
 be purchased at a valuation fixed by the Foss's Biogr. Jurid. 
 justicier. It seems to have been a means 
 
282 In Reign of Henry III [tit. iv 
 
 president of the royal council. His policy was to support the foreign 
 influences which it was the great aim of Langton and the justiciar to 
 eliminate. The amicable relations which had subsisted under the 
 earl Marshall, were for a short time, maintained ; the crusade called 
 away many of the leaders in the late quarrel,'" and the specific policy 
 of the government could not be at once reversed. The second coro- 
 nation of Henry, which was performed on the 17th of May, 12205 
 by the archbishop, at Westminster, was regarded as typical of the full 
 restoration of peace and good government.'"' 
 
 For the method of assessing taxes in John's time, there was by 
 the writ of August 9, 1220, 'for the collection of a carucage,' substi- 
 tuted action of two knights, chosen in full assembly, and by the ' will, 
 and counsel' of the county court. Mr. Stubbs regards this "as illus- 
 trating the increased use of the representative principle in financial 
 matters and the connection of election with representation.'"^ 
 
 In midsummer, 1221, Pandulf returned to Rome.^' Henry, of 
 London, who assisted at the coronation of Henry III, was appointed 
 justiciary of Ireland in October, 1221, and administered the affairs of 
 that kingdom till the middle of 1224.'* 
 
 As William Marshall's work was to restore the administrative sys- 
 tem, that of Hubert was to replace the working of that system in 
 English hands. He " had already, by his faithfulness, by his military 
 prowess, and by his wise moderation jn public policy, proved his 
 fitness to rule." The resignation of Paijidulf and the defeat of Wil- 
 liam, of Aumale, had now weakened the position of Peter des Roches. 
 He contemplated joining the crusade, and made a pilgrimage to 
 Compostella. But his absence did not ensure peace.'^ 
 
 In 1222 the interest at court of Hubert de Burgh was strengthened 
 
 '"2 Stubbs's Const. Hist., ch. 14, p. 1220. Foss's Biogr. Jurid. 
 
 31; I Turner's Engl., ch. 12, p. 433. '' 2 Stubbs's Const. Hist., ch. 14, p. 31. 
 
 Ranulph Blundevil, earl of Chester, ^'^ Select Charters, pp. 342, 343. 
 
 who was a justicier in 1 193, and as- ''2 Stubbs's Const. Hist., ch. 14, p.. 
 
 sisted King John throughout his troubles, 32; 3 Lingard's Engl., ch. 2, p. 84. 
 
 was equally conspicuous in securing the ''He surrendered the office (in 1224^ 
 
 throne to his son Henry, As soon as to the earl of Pembroke, and died in 
 
 the kingdom was at rest he departed for 1225. Foss's Biogi". Jurid. 
 
 the Holy Land, and was present at the '*2 Stubbs's Const. Hist., ch. 14, p. 
 
 seige of Damietta. He returned in 29, p. 32 and p. 33. 
 
CH. xv.J i2i6 TO 1272. 283 
 
 by his marriage with Margaret, eldest sister of Alexander, king of 
 Scotland.^ 
 
 6. Of Richard de Marisco, chancellor until 1226 ; William of Ely, 
 treasurer until 122J ; Eustace de Fauconbridge treasurer from 
 1 22 J to 1228; and of others injudicial office, among whom, in 2 
 Hen. Ill, was Alan Basset, a son of Thomas Basset; and in 
 J Hen. HI, William de Cantilupe, fohn Mareschall {or Mar- 
 shall), Walter Mauclerk, Thomas de Muleton, Richard Poore 
 (bishop of Chichester, Salisbury and Durham), Philip de Ulecot, 
 Robert de Veteri Ponte and fosceline de Wells {bishop of Bath 
 and Wells). 
 
 Richard de Marisco was, on the accession of Henry III, continued 
 in the chancellorship; in the first year of this reign, raised to the 
 bishopric of Durham ; and in the third year thereof placed at the 
 head of the justices itinerant in Yorkshire and Northumberland.. 
 The bishop being obliged to go to Rome to meet some charges, was 
 absent from England in January, 1221. Ralph de Neville, dean of 
 Lichfield, was employed as his deputy in the duties of the chancery ; 
 and, it seems, was attempting to supersede him in his office," For 
 omitting in his letters to address Richard de Marisco by the tide of 
 ' chancellor,' the dean was, in a letter from the chancellor, reproved,, 
 and advised ' for the future to act a discreeter part ; ' the dean is told 
 that '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.' '^ 
 The bishop had a sudden death. '' 
 
 William of Ely, a canon of the church of Lincoln, was the king's- 
 
 ''Thus becoming allied to his sover- of 2d edi. (1846), pp. 125, 126, of Bos- 
 
 eign, whose sister, the princess Joanna ton edi. 1874. 5 Report Pub. Rec, app. 
 
 (or Jane), had been recently united to ii, 66, is cited in Foss's Biogr. Jurid. 
 
 the Scottish king. Foss's Biogr. Jurid. '' Travelling to London to attend a 
 
 "Foss's Biogr. Jurid. legatine council, he stopped for one 
 
 88 "Legit enim reverencia est quern vis night at the monastery of Peterborough, 
 
 nomine dignitatis nuncupare, et Accium and was found dead in his bed on the 
 
 poetam in ccenaculo propria nomine following morning (May i, 1226). His 
 
 compellatum injuriarum egisse." Orig. body was removed to Durham, and there 
 
 in Turr. Land, is cited in i Campbell's buried in the cathedral. Foss's Biogr.. 
 
 Lives of the Chancellors, ch. 7, p. 129, Jurid. 
 
284 
 
 In Reign of Henry III 
 
 [tit. IV 
 
 treasurer during the whole of John's reign, and part of that of Henry 
 III.*° Eustace de Fauconbridge, who acted as a justicier during the 
 whole of John's, and for the first three years of Henry's reign, was 
 in 2 Hen. Ill, appointed treasurer, and held this station for the 
 remainder of his life." Many others in judicial position in John's 
 reign; were continued in such position in this reign.*'' 
 
 Among those in office in 2 Hen. Ill,'' was Alan Basset^ third son 
 of Thomas Basset, of Hedendon (mentioned in ch. 11, § 13 and § 15 
 p. 202, and p. 208). Among those in 3 Hen. Ill,*' were William 
 
 *»He died in 8 Hen. Ill (1223). 
 Foss's Biogr. Jurid. 
 
 *i He was employed in embassies to 
 the court of France in 1204, 1223, and 
 1225. He held a canonry in the cathe- 
 dral of St. Paul's, and in 1221 (5 Hen. 
 Ill) was elected bishop of London. He 
 died Octo. 31, 1228, and was buried in 
 his cathedral. Id. 
 
 ■'^ yames de Poterna, who acted as a 
 justicier from 9 Ric. I, through the 
 whole of John's reign, was continued in 
 judicial position under Henry III; in 
 the third year of this reign he was one 
 of the justices itinerant in Wiltshire, 
 &c. He died in 5 or 6 Hen. III. Id. 
 
 yohn de Gestling, who was a justicier 
 in 9 Ric. I, acted regularly in that capa- 
 city in the first ten years of John's reign, 
 and up to 4 Hen. III. He died about 
 1223. Id. 
 
 Geoffery de Bocland was a justicier 
 from 7 Ric. I to 3 Hen. Ill; and in 5 
 Hen. Ill a justice itinerant in Hertford- 
 shire. He died before Feb. 4, 1 23 1. Id. 
 
 Roger Huscarl, who had been a justi- 
 cier in John's reign, continued such till 
 7 Hen. Ill, when he was sent to Ire^ 
 land, and there had the next place to the 
 chief justice. Id. 
 
 Ralph Hareng, who was a justicier so 
 early as to John, was judicially em- 
 ployed from I to 8 Hen. III. He died 
 about 1230. Id. 
 
 ^ Simon de Insula (or de L'isle) was 
 
 probably of the isle of Ely. Fines were 
 levied before him as a justicier at West- 
 minster, from 2 to 4 Hen. Ill ; and he 
 went as a justice itinerant into Essex, 
 Hertford, Norfolk and Suffolk. Foss's 
 Biogr. Jurid. 
 
 **A justicier at Westminster. In 4 
 Hen. Ill he was on a mission to France ; 
 in 7 Hen. Ill he and Emericus de Sacy 
 were appointed to meet the king of Jeru- 
 salem on his landing in Kent. He was 
 sheriff of Rutland from 2 to 12 Hen. 
 Ill, and died about Octo., 1232, leaving 
 several children by his wife Alice, 
 daughter and heir of Stephen de Gray. 
 Id. 
 
 ^ Maurice de Andeley (or Aundeley) 
 who had, in 17 John, been sent to North- 
 ampton with Simon de Pateshull and 
 others to hear a dispute as to presentation 
 of the church of Oxenden, w£is in Trin. 
 T., 1219 (3 Hen. Ill), a, justice at West- 
 minster, before whom fines were levied, 
 and a justice itinerant in various coun- 
 ties ; he performed such duty as late as 
 1230. Id. 
 
 John de Bayeux was, in 3 Hen. Ill, 
 added to the justices itinerant for the 
 ■ counties of Cornwall, Devon, Somerset 
 and Dorset. After inquiry into a charge 
 against him, he was again selected as a 
 justice itinerant in Devonshire in 1225; 
 he had also appointments as justice of 
 the forests and constable of the castle of 
 Plimpton. He died in 1249. Id. 
 
CH. XV.] i2i6 TO 1272. 285 
 
 de Cantilupe^ mentioned in ch. 13, § 4, p. 244, John Mare- 
 
 Henry de Cobbeham was, in 3 Hen. Ill, 
 appointed a justice itinerant into Sussex, 
 Surrey, Middlesex and Kent; and, in to 
 Hen. Ill, was on the commission to col- 
 lect the quinzime there. He left three 
 sons, each of whom occupied the judicial 
 bench. Id. 
 
 William de Cresse was in 3 Hen. Ill, 
 and again in 1225, a justice itinerant in 
 Nottinghamshire and neighbouring coun- 
 ties. Jd. 
 
 Ralph de la Ferte was, in 3 Hen. Ill, 
 and several years afterwards, a justice 
 itinerant in Cumberland and Westmore- 
 land. Id. 
 
 Matthew Fitz-Herbert continued, for 
 the first thirteen years of this reign, 
 sheriff of Sussex, and acted as a justice 
 itinerant in 3 Hen. Ill, and also in 11 
 Hen. III. He died in 1231. 
 
 William Fitz-Koger was, in 3 Hen. 
 Ill, a justice itinerant for York and 
 Northumberland. Id. 
 
 Hugh Foliot (abbot of Ramsey) was, 
 in 3 Hen. Ill, a justicier at Westmin- 
 ster, and a justice itinerant. Id. 
 
 Walter Foliot was, in 3 Hen. Ill, a 
 justice itinerant into Wiltshire, Hamp- 
 shire, Berkshire and Oxfordshire ; and, in 
 9 and 10 Hen. Ill, sheriff of the latter 
 county. He died about June, 1228. Id. 
 
 Ralph Gernum is, in 3 Hen. Ill, de- 
 scribed as a justice itinerant, and one 
 before whom a- fine was levied at West- 
 minster. In 4 Hen. Ill he was twice 
 sent over to Poictou; the last time to 
 accompany the king's sister, Joanna, to 
 England. He was, in 5 Hen. Ill, con- 
 stable of Corfe castle, which he held for 
 many years ; in 7 and 8 Hen. Ill sheriff 
 of Dorset county ; and, in the following 
 year, a justice itinerant for that county. 
 He died in 1247. From a grandson, 
 Geoffrey, descended chief justice Sir 
 John Cavendish, a name taken from a 
 lordship in Suffolk. Id. 
 
 Thomas de Heydon, from 3 to 11 Hen. 
 Ill, a justicier at Westminster, and, on 
 several occasions, a justice itinerant. Id. 
 
 Robert de Neville, an ecclesiastic, who, 
 in John's reign, was an officer of the 
 exchequer, was a justicier in 3 Hen. III. 
 Id. 
 
 Adam de Newmarket (Novo Mercato) 
 who, in 15 John, was imprisoned in 
 Corfe castle, and in the next year was 
 appointed with three others, and the 
 sheriff of Yorkshire, to take an assize, 
 was, under Hen. Ill, employed in col- 
 lecting the quinzime in Yorkshire, and 
 acted as a justice itinerant in 3, 9, i6, 
 and 18 Hen. HI, in various counties. Id. 
 
 Walter de Pateshull was, in 3 Hen. 
 Ill, a justice itinerant for Bedfordshire 
 and the neighboring counties. On the 
 disgrace of Faukes de Breaute he was 
 appointed sheriff of Bedfordshire and 
 Buckinghamshire. Under the direction 
 of him, and Henry de Braybroc, the cap- 
 tured judge, the castle of Bedford was 
 demolished. He retained the sheriffalty 
 for four years, and died in Aug. 1232. Id. 
 
 Walter de Ripariis, who, in i Hen. 
 Ill, was one of those appointed to assess 
 and receive the hidage of Berkshire,, 
 was, in 3 Hen. Ill, a justice itinerant in 
 that county. Id. 
 
 Jordan de Sackville (or De Sank- 
 ville) and his father were involved in 
 the proceedings of the barons against 
 King John, but, on the accession of 
 Henry III, their forfeited lands were 
 restored to' them, and further favours 
 conferred. Jordan is mentioiied in 3 
 Hen. Ill as a justicier and a justice 
 itinerant. Id. 
 
 Benedict de Sansetun was appointed 
 March 26, 1204, to the office of pre- 
 center of St. Paul's, London, when it 
 was first erected and endowed with the 
 church of Sording; and he enjoyed it 
 till he was raised to the bishopric of 
 
286 In Reign of Henry III [tit. iv 
 
 schall" (or Marshall), Walter Mauclerk^ Thomas de Muleion*" 
 
 Rochester, in Dec, 1214. In 3 Hen. 
 Ill, he was, at the head of the justices, 
 appointed for the four home counties; 
 and fines were levied at Westminster 
 before them in that character. In 8 
 Hen. Ill he seems to have been acting 
 as a regular justicier. He went on an 
 embassy to France in Octo., 1225; died 
 Dec. 21, 1226; and was buried in his 
 cathedral. Id. 
 
 jfames Le Sauvage, who had been 
 chaplain to Herbert Walter, archbishop 
 of Canterbury, was on that prelate's 
 death, in 1205 (besides being one of the 
 executors of his will), nominated as 
 custos of the archbishopric during the 
 vacancy, and made by the king one of 
 his own chaplains. He was rector of the 
 church of St. Peter, at Hotham, or Ocham 
 (probably Woking), in Surrey ; and was 
 joined to the justices itinerant of the 
 home counties in 3 Hen. Ill (1219). Id. 
 
 Richard de Seinges was, in 3 Hen. 
 Ill, a justicier before whom fines was 
 levied at Westminster. In 1226 he was 
 sent with other justiciers to try certain 
 malefactors in Norfolk. Id. 
 
 Ralph Tablir (or Tabbett) was, in 
 that year (3 Hen. Ill), also a justice 
 itinerant in the home counties. Id. 
 
 William de Trumpington (so called 
 from a place in Cambridgeshire), who 
 had forfeited his lands by joining the 
 barons against King John, had the same 
 restored at the beginning of the next 
 reign, and was, in 3 Hen. Ill, a justice 
 itinerant in his county and neighbouring 
 %shores. Id. 
 
 Maurice de Turvill, who had been in 
 King John's service, was, in 1 219, a 
 justice itinerant in Wiltz, Hants, Berks 
 and Oxford, and was one of three 
 coroners of Gloucester county who, in 
 1225, were superseded ^propter debilita- 
 tem.' Id. 
 
 Walter de Verdun, who had been in 
 
 King John's service, was, in i Hen. Ill 
 one of the escheators of Lincolnshire, 
 and in the next year had custody of the 
 tower of London. In 3 Hen. Ill he 
 was sheriff of Essex and Hertfordshire, 
 and a fine was levied before him and his 
 associates, justices itinerant at West- 
 minster. He performed like duties in 9 
 Hen. Ill for Oxford county. Between 
 the two last dates h^ acted in a diplo- 
 matic capacity, being sent to Rome in 
 4 Hen. Ill, and in the next year to Poic- 
 tou. He died in 1229. Id. 
 
 William de Vernon, a knight of 
 Lancaster county, was, in 3 Hen. Ill, a 
 justice itinerant for the northern coun- 
 ties; and, in 1225, in Nottingham and 
 Derby. Id. 
 
 yohn de WigenhoU, being in 15 John 
 sheriff ■ of Berkshire, was appointed 
 constable of Wallingford castle, and 
 held both offices during the remainder of 
 that reign. and part of the next. In 17 
 John he was presented to the church of 
 Stohes in the diocese of Lincoln, and 
 became one of the royal chaplains. In 
 3, Hen. Ill (1219) he was a justice 
 itinerant in the counties of Wilts, Hants, 
 Oxford and Berks. In II Hen. Ill 
 a mandate was addressed to him as a 
 justice of the forests. Id. 
 
 Laurence de Wilton, an ecclesiastic, 
 was, in 3 Hen. HI, a justice itinerant for 
 Cumberland, Westmoreland and Lan- 
 cashire. Previously he is noticed in 7 
 John as having obtained, on b. fine of 
 two palfreys, the king's charter, confirm- 
 ing to him a stone house in Cunning 
 street, York, which Robert de Stuteville 
 had granted to him and his heirs at the 
 annual rent of a pair of gilt spurs. Id.; 
 citing Rot. Chart. 163. 
 
 John de Winchestede stands the last of 
 six justices itinerant, before whom a fine 
 was levied at Westminster in 3 Hen. III. 
 Id. 
 
CH. xv.J i2i6 TO 1272. 287 
 
 Jiichard Poorel^ bishop of Chichester, Salisbury and Durham, Philip 
 
 •* The family, so called from the origi- 
 nal Champ de Loup, or Campus Lupi, 
 followed the Norman conqueror. On 
 Henry's accession, William and his son 
 assisted in the siege of Montsorel, in 
 Leicestershire, and in raising that of 
 Lincoln. In 2 Hen. Ill he was again 
 sheriff of Warwickshire and Leicester- 
 shire, with custody of the castle of 
 Kenilworth, where he fixed his chief 
 residence; in the next year he was a 
 justice itinerant in Bedfordshire and 
 neighbouring counties. He died in 
 April 1238. Id. 
 
 "Great grandson of Gilbert, marshal 
 of Henry I, and nephew to William 
 Mareschall, earl of Pembroke. In 
 the previous reign Falaise castle was 
 committed to tis keeping. Next year 
 he was steward of his uncle's lands and 
 castles in Leinster, Ireland. He ob- 
 tained from King John the grant of the 
 -office of marshal of Ireland^ and was 
 there with him in 12 and 14 John. He 
 tad, in the latter year, custody of the 
 <:astles of Whitchurch and Screward, in 
 -Shropshire; and in the next year the 
 guardianship of the Marches of Wales, 
 and also the sheriffalty of Lincoln county. 
 In 17 John he held the sheriffalty in 
 Norfolk and Suffolk for a short time, 
 and also in Dorset, Somerset and Wor- 
 cester, with charge of the castles of all 
 these counties. In Henry's reign he 
 not only joined the army for the relief 
 of Lincoln, but as stated in g 2, p. 278, 
 "was employed in destroying the French 
 armament in August, 1217. He was 
 then made sheriff of Hampshire and 
 constable of the castle of Devizes, and 
 was appointed chief justice of the forests, 
 which office he held for several years. 
 He was in 3 Hen. Ill a justice itinerant 
 in Lincoln, Nottinghamshire and Derby, 
 and is mentioned as taking the acknowl- 
 edgment of a fine in 12 Hen. III. He 
 
 was afterwards employed in various 
 embassies for the king, whose favour he 
 retained till his death, which occurred 
 about June, 1235. Id. 
 
 *^ He was one of King John's chap- 
 lains, and had the presentation to various 
 churches. In 5 John he was one of the 
 bailiffs of Lincoln county; he acted in 
 14 John in the Exthequer in Ireland; 
 and in 16 John was an embassador to 
 Rome, to urge the royal complaints 
 against the barons. He was in 3 Hen. 
 Ill a justice itinerant into the counties 
 of Lincoln, Nottingham and Derby ; and 
 in 5 Hen. Ill a justice of the forest; and 
 afterwards held for several years the 
 offices of sheriff of Cumberland and con- 
 stable of Carlisle. He was elected 
 bishop of Carlisle in August, 1223, and 
 was sent on special embassies abroad 
 several times before July, 1232, when he 
 was raised to the office of treasurer. 
 Id. See post, § 14. 
 
 ^Mentioned in ch. 13, § 3, p. 240. 
 After the accession of Henry III his 
 castle and other possessions were restored 
 to him. In 3 Hen. Ill (1219) he was 
 appointed a justice itinerant in the coun- 
 ties of Cumberland, Westmoreland and 
 Lancaster. Within five years afterwards 
 he was raised to the bench at West- 
 minster, on which he continued to sit 
 until near the close of his life;, the 
 fines acknowledged before him extending 
 from Easter 1224 to Easter 1236. Id. 
 
 MBorn atTarent, in Dorsetshire; made 
 dean of Salisbury in 1197 (8 Ric. I); 
 raised to the bishopric of Chichester 
 Jan. 7, 1215 (16 John); translated to 
 Salisbury about June, 1217 (i Hen. III). 
 As bishop of Salisbury, he was at the 
 head of those who, in 3 Hen. Ill (1218) 
 were justices itinerant for Wiltshire 
 Hampshire, Berkshire and Oxfordshire, 
 He undertook the removal of the cathe 
 dral church from Old Sarum; com- 
 
288 
 
 In Reign of Henry III 
 
 [tit. IV 
 
 de Ulecot^^ Robert de Veteri Ponte,^^ and Josceline de Wells, bishop 
 of Bath and Wells.^' 
 
 7. Of the pope'^s command, in 1223, that Henry, though young, should 
 have the government of the kingdom ; and the chancellor should 
 use the seal according to the king's pleasure. How this mandate 
 operated as between Hubert de Burgh on one side and Bishop 
 Peter and Faukes de Breaute on the other. 
 
 Henry's boyhood is mentioned in § i, note i, p. 276. In April, 
 1223, upon suggestions that he "has acquired a manly mind," and 
 that " his prudence exceeds his age, so that he seems to make up in 
 the virtue of discretion what he wants in number of years," Pope 
 Honorius wrote letters as below;** and to the chancellor thus : 
 
 mencing in 121 9 the present magnificent 
 building. To the progress of its erec- 
 tion he devoted nine years, but its com- 
 pletion, which occupied 30 years, was 
 left to his successors, as he was advanced 
 to the see of Durham in May, 1 228. He 
 presided there for nine years, and died 
 April 15, 1237, with the character of a 
 man of extraordinary sanctity and pro- 
 found science. Id. 
 
 51 Mentioned in ch. 13, \ 3, p. 241. 
 After the accession of Henry III, Philip 
 de Ulecot was required to give up the 
 castle of Mitford to Roger Bertram ; but 
 the favor of government was soon re- 
 stored to Philip, for in the next month 
 the manor of Corbrig was assigned for 
 his support while in the king's service; 
 and other grants to him followed. He 
 was, in 3 Hen. Ill, a justice itinerant in 
 the three northern counties ; and, in the 
 next year, seneschal of Poictou and 
 Gascony ; in which service he died. In 
 a mandate of Nov. 2, 1220, announcing 
 his death to the sheriff of Northumber- 
 land, he is called ' dominus tuus,' show- 
 ing that he still continued governor of 
 the northern district. Id. 
 
 ^2 Mentioned in ch. 13, § 3, p. 241. He 
 was at the siege of the castle of Mont- 
 sorel, and assisted in the relief of Lin- 
 coln. In 3 Hen. Ill he was sheriff of 
 
 Cumberland, and a justice itinerant in 
 York and Northumberland; he per- 
 formed like duty in Yorkshire in 10 
 Hen. III. Dugdale adds, that fines, 
 were levied before him in the following 
 year. He died in 12 Hen. Ill, previous, 
 to March 2 (1228). Id. 
 
 ^ Mentioned in ch. 13, | 4, p. 244. He 
 appears iri 3 Hen. Ill at the head of 
 the justices itinerant for the counties of 
 Cornwall, Somerset, Devonshire and 
 Dorset. He presided over his see for 
 37 years, during which he not only 
 united with his brother Hugh, bishop of 
 Lincoln, in founding the hospital of St 
 John, in Wells, his native place, but 
 rebuilt the beautiful cathedral there, and 
 made several liberal endowments to his 
 church. He died Nov. 9, 1242, and 
 was buried in the choir of his cathedral 
 under a tomb he had erected. Id. 
 
 ^* Directed to the Justiciar of England 
 and William de Bruwera, jommanding- 
 ' that henceforward they commit to hinv 
 the full and quiet government ' of his 
 kingdom:" To the Earl of Chester 
 commanding the like, and that he re- 
 sign, " and procure to be resigned by 
 others, the lands and castles" held "in 
 the name of guardianship :" To the 
 Bishop of Winchester in the same words. 
 1 State Tr. 17, 18. 
 
CH. XV.] i2i6 TO 1272. 289 
 
 "By this apostolic writing we command, for as much as you have 
 the seal of the said king, and the custody thereof, that from hence- 
 forward you will use the same according to his good pleasure, and 
 with respect to it only follow and obey him ; and for the future cause 
 no letters to be sealed with the royal seal, but according to his' 
 will."'* 
 
 At the close of the year, Hubert, having just completed a success- 
 ful campaign in Wales, thought himself strong enough to act upon 
 this mandate; and the earl of Chester, William of Aumale and 
 Faukes de Breaute attempted to anticipate him. Disappointed in a 
 design for seizing the Tower of London, they encamped at Walt- 
 ham, and sent to the king, demanding the dismissal of the justiciar. 
 A discussion took place in the royal presence, Hubert answering for 
 himself and denouncing the bishop of Winchester as the secret 
 prompter of the disturbance. Langton again mediated, and a formal 
 reconciliation took place at Christmas at Northampton. Six months 
 after Faukes de Breaute** drew down upon himself the final storm.'" 
 
 8. Appointments of justiciers and justices itinerant in 4 and 5 Hen. 
 Ill; and in 7 and 8 Hen. HI. In the latter year (1224).^ 
 Thomas de Muleton and Warin Fitz-Joel were seiit with Martin 
 de Pateshull and Henry de Braybroc as justices to take assizes 
 at Dunstable. 
 
 In addition to those already named as justiciars and justices itine- 
 rant, there were appointments in 4 and 5 Hen. HI;" and in 7 and 8 
 
 ^ Id.i 18. in the church of Southwell, and acted 
 
 5^2 Stubbs's Const. Hist., ch. 14, pp. as custos of the archbishopric of York, 
 
 34, 35. This clever adventurer has took in 4 Hen. Ill the acknowledg- 
 
 been mentioned in ch. 13, J 3, p. 240. ment of a fine; afterwards he acted as 
 
 Whether born in Normandy or in Mid- a justicier at Westminster and in the 
 
 dlesex, he had devotedly attached himself country until shortly before he died. 
 
 to John, who repaid his services with Foss's Biogr. Jurid. 
 
 lavish magnificence. Sheriffdoms, ward- Warin de Granden was one of four 
 
 ships, eschfeats, castles, were showered justices appointed in 4 Hen. Ill to de- 
 
 upon him; he was married to the coun- liver the jail of Hereford. Id. 
 
 tess of Wight and Devon ; was executor John de Monmouth was another of 
 
 of John's will; a chief counsellor in the four. In the next year he, with 
 
 Henry's court, and sheriff ot six coun- other associates, visited that county and 
 
 ties; and frequently acted as a justice eight others in the same capacity. Id. 
 
 itinerant. He, no doubt, had the confi- Ralph Musard, sheriff of Gloucester, 
 
 dence of Peter des Roches, and held from 17 John till the end of 9 Hen III, 
 
 the strings of the confederation against was several times, from 5 to 1 1 Hen. Ill, 
 
 Hubert. Id. ; Foss's Biogr. Jurid. a justice itinerant for various counties. 
 
 ^'' Soliert di Lexington, who, in, 16 His second wife was Isabella, widow of 
 
 John, had been presented to a prebend John de Neville; for marrying whom, 
 
 19 
 
290 
 
 In Reign of Henry III 
 
 [tit. IV 
 
 Hen. 111.°' In the latter year (1224), Thomas de Muleton^ and 
 Warin Fits-Joel'^ were sent with Martin de Pateshull and Henry de 
 Braybroc as justices itinerant to take assizes for the counties of Buck- 
 inghani and Bedford at Dunstable. 
 
 g. Though Lord Coke may be inaccurate in saying of 'Mariinus 
 de Pates hull' that he was chief justice of the common pleas in 
 I Hen. HI, yet he {Martinus) was on the bench as early as 1217; 
 and afterwards, till his death, was on judicial duty; he was 
 learned, wise and a hard worker. Of the judgment at Dun- 
 stable, in i22if., against Faukes de Breaute. 
 
 Lord Coke may be inaccurate in saying of 'Martinus de Pateshull' 
 that he " was by letters patent constituted chief justice of the court of 
 •common pleas in the first year of H. III."*^ For, according to Mr. 
 Foss, " even if the division of the courts had then taken place, which 
 
 without the king's license, a pardon 
 -was procured by a fine of 100 marks. 
 His death was in 14 Hen. III. Id. 
 
 Simon, the tenth abbot of Reading, 
 who, in 16 John, was sent on a mission 
 to France, was, in 4 Hen. Ill, in the 
 commission of inquiry issued as to the 
 forests, and for a. short time had the. 
 custody of the castle of Devizes. In 5 
 Hen. Ill, he and Randolph, abbot of 
 Evesham, were at the head of the jus- 
 tices itinerant in nine counties. Simon 
 died in Feb. 1226, and Randolph died 
 Jan. 16, 1229. Id. 
 
 William de Tametone was, in 4 Hen. 
 Ill fafter the peace with Prince Louis), 
 commissioned with Walter Mauclerk 
 and others, to enquire by twelve men 
 into the state of the castle of Picker- 
 ing, in Yorkshire; there are two in- 
 stances in which an assize was directed 
 to be heard before him. In the general 
 appointment of justices itinerant, in 10 
 Hen. HI (1226), he was selected for 
 Northumberland. Id. 
 
 Robert de Vere, third earl of Oxford, 
 seems to have been a justiciar before 
 
 whom fines were acknowledged in 4 
 Hen. Ill ; next year he was at the head 
 of the itinerant justices in Hertfordshire. 
 He died in Octo., 1221. Id. 
 
 ** Geoffrey le Sauvage had fines levied 
 before him at Westminster in 7 Hen. Ill, 
 and thenceforth till Easter, 10 Hen. III. 
 In Wiltshire he was custos of Savernake 
 forest in 7 Hen. Ill, and a justice itin- 
 erant in 9 Hen. III. Id. 
 
 Ralph de Neville, chancellor of Chi- 
 chester, and bishop. of that see, sat in 
 1224 as a justicier in Shropshire, with 
 William de Houbrug. Id. 
 
 *' Mentioned in ch. 13, ^3, p. 240; and 
 • in this ch., \ 6, p. 286, and note 49. 
 
 ™In 1225 he went as justice itinerant 
 into Cornwall ; a fine was levied before 
 him in Easter. In October he was 
 with Thomas de Muleton on a special 
 commission in Norfolk, to enquire into 
 robberies committed on merchants of 
 Norway ; in the following January he 
 acted as a justice itinerant in Hampshire 
 and other counties. Id. 
 
 ^'8 Rep., p. XV. and xvi. of preface; 
 2 Inst. 23. 
 
'CH. XV.] I2i6 TO 1272. 291 
 
 is very doubtful, there is no other evidence that he was at the head of 
 -either branch." But it appears that " very soon after the accession 
 -of Henry III, he was raised to the bench, for his name appears in 
 1 217, not only at Westminster, when a fine was levied there, but also 
 as a justice itinerant in York and Northumberland, and in other 
 counties;" and "from this time until the end of his life he was 
 actively engaged in judicial duties, scarcely a year occurring in which 
 he was not sent on various itinera.""' Lord Coke may be quite 
 right in esteeming him as " a man of great wisdom and exceeding 
 well learned in the laws of this land."*' In his judicial office he 
 acquired reputation** with this character: ' Vir mirce prudeniicB, et 
 legum regni peritissimus.' ^ 
 
 He and his three associates at Dunstable in 8 Hen. Ill (1224) fined 
 Faukes de Breaute ;^ 100 on each of more than thirty verdicts found 
 against him for violent seizure of property of his neighbours."* 
 
 10. Instead of submission to the judgment in 1224, there was an 
 attempt to seize the judges ; and one of them was taken to 
 Bedford castle. Under the king's order the castle was besieged; 
 the judge released; Paukes's brother, with several other knights 
 hanged; the castle destroyed; and Faukes banished the realm. 
 His fall operated to strengthen Hubert and weaken the bishop of 
 Winchester. 
 
 Faukes's brother, William, who had been left in command, endeav- 
 ■ -ored, with a band of his followers, to seize the judges. All of them 
 
 ^' Foss's Biog. JuYid. the writer' (whose name does not ap- 
 '^ 8 Rep., p. XV. and xvi. of preface. pear), 'are overpowered by the labour of 
 ^ From 1225, when he stands the first Pateshull, who works every day from 
 of those who were appointed, he is in sunrise until night.' The writer there- 
 ■every subsequent commission mentioned fore prays to be eased of his office, and 
 in the same prominent position. The allowed to go quietly to his church in 
 fourth report of the public records (App. York county, to which he had been 
 ii, 161) gives an amusing testimony of lately presented. Pateshull was ap- 
 his activity in performing his legal func- pointed in 1 226 archdeacon of Norfolk, 
 tions. In a letter to the authorities, a and, in 1228, dean of St. Paul's, Lon- 
 brother justicier, appointed to go the don, of which he had previously been a 
 York circuit with him, prays to be ex- canon. He died Nov. 14, 1229. Foss's 
 cused from the duty, ' for,' says he, ' the Biogr. Jurid. 
 
 said Martin is strong, and in his labour ^ Id. ; citing Fuller's quotation from 
 
 so sedulous and practised, that all his Florilegus. 
 fellows, especially fV. de Ralegh and ™ Id. 
 
292 In Reign of Henry III [tit. iv 
 
 escaped except Henry de Braybroc. He was captured and taken to 
 Bedford castle, where he was treated with indignity. His wife, Chris- 
 tina, daughter of Wiscard Ledet, immediately appeared before the 
 council then sitting at Northampton. Upon her information, the 
 king (with whom Hubert was) promptly took active measures. The 
 king's demand for the release of the incarcerated judge being refused,, 
 a regular seige of Bedford castle commenced June i6. So stoutly 
 was the castle defended, that it was not till August 14 that the garrir 
 son were forced to submit, when, so high was the kin^s indignation, 
 that he ordered'" Faukes's brother, William, with several other 
 knights (twenty -four, it is said), to be hanged; which was done on 
 the spot. Henry de Braybroc was then released. He was afterwards 
 employed to see the castle totally destroyed,"' and the materials dis- 
 tributed according to the king's order."' Faukes himself escaped 
 into Wales. But afterwards he gave up into the king's hands all his 
 property and possessions, and placed himself at ' the royal mercy. 
 Upon a hearing in March, 1225, the nobles, preserving his life, in 
 consideration of his former services, banished him the realm forever."*' 
 
 "The importance of his position, and the great constitutional sig- 
 nificance of his humiliation, is shown by the fact that the earls and 
 barons, as well as prelates, of the whole province of Canterbury, 
 joined to grant a carucage towards the expenses of the struggle, and 
 that the pope regarded him as worthy of his protection." His fall 
 
 *'Frotn this statement, which is ac- and, in lo Hen. Ill, for the counties of 
 
 cording to Mr. Foss and Mr. Stubbs, Lincoln and York, in the former of 
 
 that of Mr. Green varies. He says : which his wife had property. He is 
 
 " The stern justice of Stephen Langton mentioned as a 'justiciarius de banco' in 
 
 hung the twenty -four knights and their 11 Hen. HI, and two years afterwards.^ 
 
 retainers, who formed the garrison be- He died before June, 1234. Foss's 
 
 fore its walls." Green's Short Hist., ch. Biogr. Jurid. 
 3, \ 5, p. 166. In his more recent work '"/</. 
 
 is mentioned "the stern justice" (not of 'I2 Stubbs's Const. Hist., ch. 14, pp. 
 
 Stephen Langton, but) "of Hubert" 35> 36; 3 Lingard's Engl., ch. 2, pp. 85, 
 
 Green's Hist, of Engl. Peop., book 3, 86. Proceeding to Rome, Faukes de 
 
 ch. 2, p. 253, of vol. I. Breaute induced the pope to interfere 
 
 ^ Walter de Pateshull, the sheriff of with King Henry on his behalf, but 
 
 Bedfordshire and Buckinghamshire, had Henry was inexorable. The life of 
 
 part in the work of demolition. Id. Faukes was, about 1228, terminated by 
 
 '' He was appointed justice itinerant in poison administered in a fish at St. 
 
 the following year for the same counties ; Ciriac. Foss's Biogr. Jurid. 
 
CH. XV.J 
 
 I2l6 TO 1272, 
 
 293 
 
 ■crowned for the .moment the power of Hubert; it extinguished the 
 influence of the foreigners who had been imported by John, and 
 jeduced the bishop of Winchester to poHtical insignificance." '^ 
 
 II. Re-issue, in g Hen. Ill {1223), of the charters. Lord Coke's 
 exposition. John's Magna Carta compared with this re-issue by 
 
 Henry. 
 
 « 
 
 To provide for expenses incurred and contemplated, there being 
 needed a larger supply than usual, the justiciar, at the Christmas' 
 ■court of 1224, asked a fifteenth of all moveables; and was met by a 
 petition for confirmation of the charters.'' They were re-issued in 
 February, 1224-5, "^^ith no material alteration," though with a change 
 in the enacting words;" and the mention of the final clause.™ 
 
 The nth of that month is the date of the 'Magna Carta' of Henry, 
 with which Lord Coke begins ' the second part of the Institutes of 
 the Laws of England;'" in the exposition whereof, he says: "This 
 charter is declaratory of the ancient law and liberty of England, and 
 therefore no new freedom is hereby granted (to be discharged of 
 lawful tenures, services, writs and aids), but a restitution of such as 
 lawfully they had before, and to free them of that which had been 
 usurped and encroached upon them by any power whatsoever." '° 
 
 The Magna Carta of John should be compared with the re-issue 
 
 "2 Stubbs's Const. Hist., ch. 14, p. 36. 
 
 '3/^., pp. 36, 37. 
 
 "Select Charters, pp. 344, 345. In 
 the statutes of the Realm (edi. 1810), 
 vol. I , p. 22 to 25, is ' Magna Carta Regis 
 Henrici III, xi die Februarii A. R. 
 nono A. D. MCC. XXIV-V.' Between 
 printed pages 22 and 23 is ' Magna Carta, 
 9 Hen. Ill in Archivis Eccl. Cathed. 
 Dunelm Asservata.' On pages 26 and 
 27 is 'Carta de Foresta Regis Henrici 
 III, X die Februarii A. R. nono A. D. 
 MCC. XXIV-V. 
 
 '* The substitution of the ' spontanea 
 et bona voluntate nostra' for the 
 ' consilio' of the former charters. The 
 magnates, whose names had been before 
 recounted as counselling and consenting, 
 now appear as witnesses. Select Char- 
 
 ters, p. 344; 2 Stubbs's Const. Hist., ch. 
 
 14. P- 37. 
 
 ™ Which specifies the granting of the 
 aid as the price of the present conces- 
 sion. Id. Now was "established the 
 principle, so fruitful of constitutional 
 results, that redress of wrongs precedes 
 a grant to the crown." Green's Short 
 Hist., ch. 3, I 5, p. 166; Hist, of Engl. 
 Peop., book 3, ch. 2, p. 254 of vol. i. 
 
 " 2 Inst., p. I to p. 78. 
 
 ™/(/., p. 2. Then, of chapter 2, he 
 says : " This chapter of Magna Charta is 
 but a restitution and declaration of the 
 ancient common law." Id., p. 8. See, 
 likewise, as to ch. 20, p. 34, ch. 21, p. 
 35, ch. 26, p. 43, ch. 27, p. 44, ch. 29, 
 p. 51, ch. 31, p. 64. 
 
294 
 
 In Reign of Henry III 
 
 [tit. IV 
 
 of Henry. There being a difference in the number of clauses or 
 chapters, the comparison may be as follows: of i, 2, 3; 4, 5 and 6, of 
 the former (or in the translation i, 2, 3, 4, 5, 6 and 7), with i, 2, 3, 4, 
 5 and 6, of the latter; of 7, 8 and 9, of the former (or in the transla- 
 tion, 8, 9, EG and 11), with 7 and 8 of the latter; of 11, 12, 13, 14, 15 
 and 16 of the former (or in the translation, 12, 13, 14, 15, 16, 17, 18, 
 and 19), with 7, 8, 9, 10 and 37 of the latter;. of 17 of the former (or 
 in the translation, 20)," with 11*' of the latter; of 18, 19, 20, 21 and 
 22 of the former (or in the translation, 21,^' 22, 23, 24, 25), with 12,^'*" 
 13 and 14 of the latter; of 24, 26 and 27 of the former (or in the 
 translation, 27, 29,^ and 30) with 17 and 18 ^ of the latter ; of 28, 29, 30, 
 
 ''^ Ante, p. 255. 
 
 ™ "Common Pleas shall not follow our 
 court, but shall be holden in some place 
 certain.'' 2 Inst. 21. 
 
 Ld. Coke says : " Before this statute 
 common pleas might have been holden 
 in the king's bench, and all original 
 writs returnable into the same bench; 
 and because the court was holden coram 
 rege, and followed the king's court, and 
 removeable at the king's will, the returns 
 were ubicunque fuerimus, &'c. ; where- 
 upon many discontinuances ensued, and 
 great trouble of jurors, charges of parties 
 and delay of justice : for these causes 
 this statute was made." 2 Inst. 21, 22. 
 All this may be so; and yet Ld. Coke 
 may be inaccurate in his " word or two 
 of the antiquity of the court of common 
 pleas." (/</., pp. 22, 23, and pp. xiv,xv, 
 of preface to 8 Rep.) For it is believed 
 that this court, so called, did not exist 
 before Magna Carta, although "before 
 this statute common pleas might have 
 been holden in the king's bench." See 
 Francklin's Annals, edi. 1681, p. 21. 
 
 ^1 Ante, p. 255. 
 
 82 "Assises of novel disseisin and of 
 mort d' ancester shall not be taken but in 
 the shires, and after this manner : if we 
 be out of this realm, our chief justicers 
 shall send our justicers through every 
 county once in the year, which, with the 
 
 knights of the shires, shall take the said 
 assizes in those counties; and those 
 things that at the coming of our foresaid 
 justices, being sent to take those assizes 
 in the counties, cannot be determined, 
 shall be ended by them in some other 
 place in their circuit ; and those things 
 which, for difficulty of some articles, can- 
 not be determined by them, shall be 
 referred to our justicers of the bench, 
 and there shall be ended." 
 
 Ld. Coke observes that, in Glanvile's 
 time, and before, the king's justices were 
 caWedjusticia, the returns of writs being 
 coram justiciis meis, so as the king's jus- 
 tices were anciently called justitice, for 
 that they ought to be not only justi in 
 the concrete, but ipsa justitia in the 
 abstract;" and Ld. Coke adds that, 
 " since that time, as by this great charter, 
 in many places it appeareth they are 
 called justitiarii a justitia}'' 2 Inst. 26. 
 
 ^ Ante, p. 256. 
 
 ^ " If any that holdeth of us lay fee do 
 die, and our sheriff or bailiff do show 
 our letters patents of our summon for 
 debt, which the dead man did owe to us,, 
 it shall be lawful to our sheriff or bailiff 
 to attach and enroll all the goods and 
 chattels of the dead, being found in the 
 said fee to the value of the same debt, by 
 the sight and testimony of lawful men, 
 so that nothing thereof shall be taken 
 away until we be clearly paid off the- 
 
CH. XV.J 
 
 I2l6 TO 1272. 
 
 295 
 
 31 (or in the translation 31, 32, 33 and 34^), with 19, 20, 21,^° and 32 of 
 the latter; of 32,. 33, 34, 35, 36 and 37 (or in the translation, 35, 36, 37, 
 38, 39,'' 40 and 41), with 22, 23, 24, 25, 26^ and 27 of the latter; of 38 
 
 debt; and the residue shall remain to 
 the executors to perform the testament of 
 the dead; and if nothing be owing unto 
 us, all the chattels shall go to the use of 
 the dead, saving to the wife and children 
 their reasonable parts." 2 Inst. 32. 
 ^ Mentioned ante, p. 256, note. 
 
 8«{In 2 Inst., pp. 33, 34.) 19. "No 
 constable, nor his bailiff, shall take 
 com or other chattels of any man if 
 the man be not of the town where 
 the castle is, but he shall forthwith 
 pay for the same unless that the will of 
 the seller was to respite the payment; 
 and, if he be of the same town, the 
 price shall be paid unto him within forty 
 days." (See also Stat, of Westm. I, ch. 
 7, in 2 Inst., pp. 170, 171). 
 
 20. " No constable shall distrain any 
 knight for to give money for keeping of 
 his castle, if he himself will do it in his 
 proper person, or cause it to be done by 
 another sufficient man, if he may not do 
 It himself for a reasonable cause. And 
 if we do lead or send him in an army he 
 shall be free from castle ward for the 
 time that he shall be with us in fee in 
 our host, for the which he hath done 
 service in our wars." 
 
 21. " No sheriff nor bailiff of ours, 
 or any other, shall take the horses or 
 carts of any man to make carriage, ex- 
 fcept he pay the old price limited — that is 
 to say, for carriage with two-horse, ten 
 pence a day; for three-horse, fourteen 
 pence a day. No demesne cart of any 
 spiritual person or knight, or any lord, 
 shall be taken by our bailiffs; nor we, 
 nor our bailiffs, nor any other, shall take 
 any man's wood for our castles, or other 
 our necessaries to be done, but by the 
 license of him whose the wood is." 
 
 And this branch " hath (as hath been 
 said) been confirmed and commanded to 
 be put in execution at 32 sessions of par- 
 liament. And so it was resolved by all 
 the judges of England and barons of the 
 exchequer, Mich. 2, Jac. Reg., upon 
 mature deliberation ; and that the king's 
 purveyor could take no timber growing 
 
 upon the inheritance of the subject, be- 
 cause it was parcel of the inheritance, 
 no more than the inheritance itself: 
 whereof the king and counsel being in- 
 formed, the king, by his proclamation, 
 by advice of his counsel under the 
 great seal, 23d April, anno 4, declared 
 the law to be in these words : first, when 
 we were informed that some inferior 
 ministers had presumed to go so far be- 
 yond their commission, as they have 
 adventured, not only to take timber-trees- 
 growing, which being parcel of our sub- 
 jects' inheritance, was never intended by 
 us to be taken without the good will and 
 full consent of the owners, but have 
 accustomed also to take greater quan- 
 tities- of provisions for our house and 
 stable than ever came, or were needful 
 to our use, &c." — " and divers pur- 
 veyors were, according to the said reso- 
 lution of the judges, punished in the 
 Star-chamber for purveying of timber 
 growing, without the consent of the 
 owners." Ld. Coie concludes : " The 
 common law hath so admeasured the 
 prerogative of the king as he cannot 
 take nor prejudice the inheritance of 
 any, and (as hath been said) a man hath 
 an inheritance in his woods." 2 Inst. 
 35, 36. See also Stat. Westm. i, c. 32, 
 p. 223 to 225. 
 
 ^' Mentioned, anie, p. 256, note 88. 
 
 88 " Nothing, from henceforth, shall be 
 given for a writ of inquisition, nor taken 
 of him that prayeth inquisition of life, or 
 of member, but it shall be granted freely, 
 and not denied." 2 Inst. 42. 
 
 Ld. Coie states that a writ of inqui- 
 sition " is the writ de odio et atia, 
 anciently called breve de bono et malo, 
 and here of life and member, which the 
 common law gave to a man that was 
 
296 
 
 In Reign of Henry III 
 
 [tit. IV 
 
 (or in the translation 42 *'), with 28 °° of the latter ; of 39 and 40 (or 
 in the translation 43 and 44") with 29 of the latter, which is as 
 follows : 
 
 "'^o freeman''^ (i) shall be taken (2) or imprisoned, or be disseised 
 of his freehold or liberties (3) or free customs, or be outlawed or 
 
 imprisoned, though it were for the most 
 odious cause, for the death of a man, for 
 the which, without the king's writ, he 
 could not be bailed, yet the law favour- 
 ing the liberty and freedom of a man 
 from imprisonment, and that he should 
 not be detained in prison until the jus- 
 tices in eire should come at what term 
 he was to be tried, he might sue out this 
 writ of inquisition directed to the 
 sheriff." After mentioning that "in 
 this writ four things are to be observed," 
 and stating what they are, Ld. Coke 
 further says, that " this writ was taken 
 away by a later statute, viz : in 28 E. 
 Ill" — "but within 12 years after this 
 statute, it was enacted, as often hath been 
 said, that all statutes made against 
 Magna Charta (as the said act of 28 E. 
 Ill was) should be void, whereby the 
 writs of odio et atia, et de ponendo in 
 balium are revived, and so in like cases 
 upon all the branches of Magna Charta. 
 And therefore the justices of assize, jus- 
 tices of oyer and terminer ^ and of jail 
 delivery, have not suffered the prisoner 
 to be long detained, but at their next 
 coming have given the prisoner full and 
 speedy justice by due trial, without de- 
 taining him long in prison." 2 Inst. 42, 
 43. See also Stat, of Westm. 1, c. n, 
 in 2 Inst. 177. 
 
 ^ Mentioned, ante, p. 256. 
 
 ^ " No bailiff, from henceforth, shall 
 put any man to his open law, nor to an 
 oath, upon his own bare saying without 
 faithful witnesses brought in for the 
 same." 2 Inst. 44. 
 
 Ld. Coke says : " It appeareth that 
 under this word balivus, in this act cora- 
 prehendeth every justice, member of the 
 
 king, steward and bailiff." Id. In 
 another place h6 uses this language: 
 " Some have said that balivus in this 
 statute signifieth any judge; for the law 
 must be waged and made before the 
 judge. And this statute (say they) ex- 
 tends to the courts of common pleas, 
 king's bench, &c„ for they must bring 
 with themy?«/^fa testes, Sr'c., and so hath 
 been the usage to this day. But I have 
 perused a very ancient and learned read- 
 ing upon this statute; and the reader 
 taketh it, that at the common law, before 
 this statute, he that would make his Jaw 
 in any court of record, must bring with 
 him fideles testes. And this opinion 
 herein is warranted by Glanvil, who 
 wrote in the reign of Henry the second. 
 But the reader holdeth that, in the 
 courts which were not of record, as the 
 county court, the hundred court, the 
 court baron, &c., there the defendant, 
 without any faithful witnesses, might, 
 before this statute, have made his law, 
 for remedy whereof this act was made ; 
 and therefore (saith he) the statute ex- 
 tendeth to the judges of such courts as 
 are not of record." Co. Lit., 168 b. 
 
 '1 Ante, p. 256, and note 89. 
 
 ^' (l.) Liber homo doth extend to both 
 sexes, men and women. 2 Inst. 45. 
 
 (2.) " That is, restrained of liberty by 
 petition or suggestion to the king, or to 
 his council, unless it be by indictment or 
 presentment of good and lawful men, 
 where such deeds be done." 2 Inst. 46. 
 
 (3.) This word libertates sX^mheih — I. 
 " The laws of the realm, in which 
 respect this charter is called charta 
 libertatum." 2. " It signifieth the free- 
 doms that the subjects of England have; 
 
•CH. XV.] 
 
 I2l6 TO 1272. 
 
 297 
 
 ■exiled, (4) or any otherwise destroyed; (5) nor will we pass upon him 
 or condemn him but by lawful (6) judgment of his peers (7) or by the 
 
 for example, the company of the mer- 
 chant tailors of England having power 
 by their charter to make ordinances, 
 made an ordinance that every brother of 
 the same society should put the one-half 
 of his clothes to be dressed by some 
 cloth worker free of the same company, 
 upon pain to forfeit xs. &c. ; and it was 
 adjudged that this ordinance was against 
 law, because it was against the liberty of 
 the subject, for every subject hath free- 
 dom to put his clothes to be dressed by 
 whom he will, et sic de similibus ; and 
 ^o it is if such or the like grant had 
 been made by his letters patents." — " So 
 likewise, and for the same reason, if a 
 -grant be made to any man to have the 
 sole making of cards, or the sole dealing 
 -with any other trade, that grant is against 
 the liberty and freedom of the subject 
 -that before did or lawfully might have 
 used that trade, and consequently against 
 this great charter. Generally all monop- 
 olies are against this great charter, be- 
 cause they are against the liberty and 
 freedom of the subject, and against the 
 law of the land." 2 Inst. 47; also 
 Donate's case. Id., 61 ; and resolution 
 mentioned, p. 62 ; and Ld. Coke's conclu- 
 sion, p. 63, " that all monopolies con- 
 cerning trade and traffic are against the 
 liberty and freedom declared and granted 
 by this great charter.'' 
 
 (4.) " The king cannot send any sub- 
 ject of England against his will to serve 
 him out of his realm, for that should be 
 an exile, and he should perdere patriam; 
 no, he cannot be sent against his will 
 into Ireland, to serve the king as his 
 deputy there, because it is out of the 
 the realm of England ; for if the king 
 might send him out of this realm to any 
 place, then, under pretence of service, 
 as ambassador or the like, he might send 
 him into the furthest part of the world, 
 which being an exile, is prohibited by 
 
 this act. And albeit it was accorded in 
 the upper house of parliament anno 6 
 E. Ill nu. 6, that such learned men in the 
 law, as should be sent as justices, or 
 otherwise, to serve in Ireland, should 
 have no excuse, yet that being no act of 
 parliament, it did not bind the subject." 
 2 Inst. 47, 48, where Sir Hichard Pem- 
 brugh's case (in 44 E. Ill) is cited. 
 
 (5.) " Every oppression against law, by 
 colour of any usurped authority, is a 
 kind of destruction, for quando aliquid 
 prohibetur, prohibetur et omne per quod 
 devenitur ad illud; and it is the worst 
 oppression that is done by colour of jus- 
 tice. It is to be noted that to this verb, 
 destruatur, are added aliquo modo, and 
 to no other verb in this chapter, and 
 therefore, all things, by any manner of 
 means, tending to destruction, are pro- 
 hibited : as if a man be accused or in- 
 dicted of treason or felony, his lands or 
 goods cannot be granted to any ; no, not 
 so much as by promise, nor any of his 
 lands or goods seized into the king's 
 hands, before attainder." — " The party 
 ought to live of his own until attainder." 
 2 Inst., 48. 
 
 (6.) '.' The lords ought to hear no evi- 
 dence but in the presence' and hearing 
 of the prisoner. 2. After the lords be ' 
 gone together to consider of the evi- 
 dence, they cannot send to the high stew- 
 ard to ask the judges any question of 
 law but in the hearing of the prisoner, 
 that he may hear whether the case be 
 rightly put, for de facto jus oritur ; nei- 
 ther can the lords, when they are gone 
 together, send for the judges to know 
 any opinion in law, but the high steward 
 ought to demand it in court, in the hear- 
 ing of the prisoner. 3. When all the 
 evidence is given by the king's learned 
 counsel, the high steward cannot collect 
 the evidence against the prisoner, or in 
 any sort confer with the lords touching 
 
298 
 
 In Reign of Henry III 
 
 [tit. iv 
 
 law of the land (8). We will sell to no man (9), we will not deny or- 
 defer (10) to any man, either justice or right." {11) 2 Inst., 45. 
 
 The comparison may be of 41 and 42 (or in the translation 45 and 
 46), with 30 of the latter;"' of 43 (or in the translation, 47), with 31; 
 of 46 (or in the translation, 50), with 33 ; of 54 (or in the translation,, 
 59), with 34. 
 
 Chapter 35, of 9 H. Ill, is as follows: 
 
 their evidence, in the absence of the 
 prisoner, but he ought to be called to it; 
 and all this is implied in this word 
 legale." 2 Inst., 49. 
 
 (7). " This trial by peers was very 
 ancient." 2 Inst., 50. " Verdict of his 
 equals, that is, men of his own condi- 
 tion." Id., 46. 
 
 (8.) That is, by the common law, stat- 
 ute law, or custom of England; and 
 these words, per legem term, do refer to 
 all the precedent matters in this chapter. 
 2 Inst., 46 and 51. 
 
 By the due course and process of law. 
 2 Inst., 46. " That is, by indictment or 
 presentment of good and lawful men, 
 where such deeds be done in due man- 
 ner, or by writ original of the common 
 law." Id., 50. "But it is to be under- 
 stood that process of law is two-fold, vi?.: 
 By the king's writ, or by due proceeding 
 and warrant, either in deed or in law, 
 without writ." Id., Ji to 55. 
 
 (9.) "This is spoken in the person of 
 the king, who, in judgment of law, in 
 all his courts of justice is present." 2 
 Inst., 55. 
 
 (lo.) " These words have been excel- 
 lently expounded by latter acts of par- 
 liament, that by no means common right 
 or common law should be disturbed or 
 delayed; no, though it be commanded 
 under the great seal or privy seal, order, 
 writ, letters, message or commandment 
 whatsoever, either from the king, or any 
 other; and that the justices shall pro- 
 ceed as if no such writs letters, order, 
 message or other commandment, were 
 
 come to them." 2 Inst., 55, 56. 
 
 (11.) Justitiam vel rectum. " Neither 
 the end, which is justice, nor the mean 
 whereby we may attain to the end." — 
 "Recta linea est index sui, et obliqui, 
 hereby the crooked cord of that which 
 is called discretion, appeareth to be un- 
 lawful, unless you take it as it ought to 
 be, discretio est discernere per legem quocT 
 sit justum. It is called right, because 
 it is the best birth-right the subject hath,, 
 for thereby his goods, lands, wife, chil- 
 dren, his body, life, honour and estima-- 
 tion are protected from injury and wrong : 
 major hcereditas venit uni culq ; nostrum, 
 d jure, et legibus quam d, parentibus.'' 
 2 Inst., 56. 
 
 95 " All merchants (if they were not 
 openly prohibited before) shall have their 
 safe and sure conduct to depart out of 
 England, to come into England, to tarry 
 in and go through England, as well by 
 land as by water, to buy and sell with- 
 out any manner of evil tolls, by the old 
 and rightful customs, except in time of 
 war. And if they be of a land making 
 war against us, and be found in our 
 realm at the beginning of the wars, they 
 shall be attached, without harm of body 
 or goods, until it be known unto us or 
 our chief justice, how our merchants be 
 treated there in the land making war 
 against us ; and if our merchants be well 
 treated there, theirs shall be likewise 
 with us." 2 Inst., 57. 
 
 As to merchant strangers in amity,. 
 " the prohibition intended by this act, 
 must be by the common or public coun- 
 cil of the realm, that is, by act of par- 
 liament." 2 Inst., 57. 
 
CH. XV.] 
 
 I2l6 TO 1272. 
 
 299- 
 
 "No county court from henceforth shall be holden but from month 
 to month; and where greater time has been used there shall be 
 greater : nor any sheriff, or his bailiff, shall keep his turn in the hun- 
 dred^ but twice in the year; and noi^here but in due place and 
 accustomed; that is to say, once after Easter, and again after the 
 feast of Saint Michael.^ And the view of frank pledge shall be 
 likewise at the feast of Saint Michael, without occasion ; so that every 
 man may have his liberties which he had, or used to have in the time 
 of King Henry, our grandfather, or which he hath purchased since. 
 The view of frank pledge'* shall be so done that our peace may be 
 kept; and that the ty thing be wholly kept as it hath been accus- 
 tomed; and that the sheriff seek no occasions, and that he be 
 content with so much as the sheriff was wont to have for his view- 
 making in the time of King Henry, our grandfather." 2 Inst. 69. 
 
 The 36th chapter is as to lands given to a religious house ; " the 
 38th concludes the charter.'* Both in the title and in divers parts of 
 
 ** " It appeareth that the law made by 
 King H. I was (after the great heat 
 of the conquest was past) but a restitu- 
 tion of the ancient law of England; 
 and forasmuch as the bishop with the 
 sheriff did go in circuit twice every year 
 by every hundred within" the county 
 (which- also appeareth by this chapter 
 of Magna Charta in these words, 
 iurnum suum per hundreda, &'c.'), it 
 was called tour or tourn, which signifieth 
 a circuit or perambulation." 2 Inst. 70. 
 
 95 « Where this branch saith, ' Semel 
 post Pasch. dr'j:.,' the Statute of 31 E. Ill 
 explaineth it, viz : one time within the 
 month after Easter, and another time 
 within the month after S. Michael, and, 
 if they hold them in any other manner, 
 then they should lose their tourn for that 
 time, which is as much to say, as the 
 court so holden for that time shall be 
 ■utterly void, and the sheriff shall Idise 
 the profits thereof." 2 Inst. 71. The 
 Statute of 31 E. Ill is in i Stat, of the 
 Realm 352. 
 
 ^ " Of ancient time the sheriff had 
 two great courts, viz : the tourn and the 
 county court : afterwards for the ease of 
 the people, and specially of the husband- 
 
 man, that each of them might the better 
 follow their business in their several 
 degrees, this court here spoken of, viz : 
 view of frank pledge or leet, was by the 
 king divided, and derived from the 
 tourn and granted to the lords to have 
 the view of the tenants and resiants 
 within their manor, &c." 2 Inst, "jo, 71. 
 " So likewise, and for the same reason, 
 were hundreds and hundred courts 
 divided and derived from the county 
 courts." Id., 71. "And as the county 
 court and hundred court are of one 
 jurisdiction, so the toum and leet be also 
 of one and the same jurisdiction." Id., 
 7 1 . But both of the tourn and the leet 
 this may be truly said : 
 
 " Temtora mutantur, et nos mutamur 
 in illis.'" 
 
 3. " This frank pledge consisted most 
 commonly of ten households" Ten 
 masters of families were bound one for 
 another's family, that each man of their 
 several families should stand to the law, 
 or, if he were not forthcoming, that he 
 should answer for the injury, or offence- 
 by him committed." 2 Inst. 73. 
 
 »'2 Inst. 74, 75. 
 
 M Id., 76 to 78. 
 
300 
 
 In Reign of Henry III 
 
 [tit. IV 
 
 the body of the charter, the king speaks in the plural number." The 
 conclusion is Mis testibus}'^ And it was established by authority of 
 parliament."" A writ for the collection of the fifteenth (the price of 
 the re-issue of the charters) was issued on the 15th of the same 
 month.'"'^ 
 
 J2. Names of additional justices appointed in g Hen. Ill, 10 Hen. 
 HI, and 11 Hen. HI. Among the appointees in 10 Hen. HI 
 were Peter de Brus '{or Bruis'), and William de Raleigh {or 
 Radley). Common, then, to place an ecclesiastic at the head of 
 the commission for a shire. 
 
 Subjoined are names of justices appointed in 9 Hen. III."' Sep- 
 
 ^ Ld. Coke says : " The first king that 
 I read of before him, that in his grants 
 wrote in the plural number, was King 
 John, father of our King H. Ill ; other 
 kings before him wrote in the singular 
 number; they used Ego, and King John, 
 and all the kings after him, nos'' 2 
 Inst. 2. 
 
 '"' Ld. Coke says : " A great number of 
 reverend and honorable personages, in 
 all 63, of which there were of the clergy 
 31, whereof there were 12 bishops and 
 19 abbots, and Hugh de Burgo, chief 
 justice, and 31 earls and barons." He 
 observes that such conclusion hits testibus 
 was used by King H. Ill and his pro- 
 genitors, kings of this realm before him, 
 and by his son E. I, and by E. II and E. 
 Ill after him : afterwards in the begin- 
 ning of the reign pf R. II. I find the 
 clause of hiis testibus was left out, and 
 instead thereof came in teste me ipso in 
 this manner, * in cujus rei testimonium 
 has literas nostras fieri fecimus patentes : 
 ■teste me ipso, which, since, by all his 
 successors, kings and queens of this 
 realm (except in creations), hath been 
 used. Those that had hiis testibus were 
 called charta, as this charter is called 
 magna charta, and so is charta de 
 foresta, ^c, and those other that be 
 teste me ipso, are called letters patent. 
 
 being so named in the clause of 'in 
 cujus rei testimonium has literas nostras 
 fieri fecimus patentes.' And this was 
 the ancient form also of the deeds of 
 subjects, concluding with ' hiis testibus, 
 which continued until and in the reign 
 of H. VIII, but now is wholly omitted, 
 and now the witnesses are subscribed 
 under the deed, or endorsed thereupon." 
 2 Inst. 78. 
 
 1" Id., 78. It is cited as an example, 
 that acts of parliament do go in the form 
 of the king's charter. Prince's case, 8 
 Rep. 19 a. 
 
 '"2 Feb., 1225. Select Charters, p. 345 
 to p. 348. Of the method of assessing 
 and collecting this impost, Mr. Stubbs 
 says, it " seems to be devised so as to 
 unite all the expedients of the former 
 precedents. The assessment is to be 
 made by the oath of the owner of taxable 
 property: disputes are to be settled by 
 reference to juries ; the proceeds are to 
 be collected by the reeve and four men 
 of each township, and to be paid to four 
 elected knights of the hundreds, and 
 these are to hand over the money to the 
 persons assigned by the king, and to 
 whom the writ is addressed." Id., pp. 
 
 34S. 346. 
 
 '"' Hugh de Clahaul, a justice itinerant 
 for Essex and Hertfordshire. Foss's 
 
CH. XV.] I2l6 TO 1272. 301 
 
 arately are names of others appointed in the following year."* 
 
 Biogr. Jurid. 
 
 Robert de Cokefield (or Kokefield), a 
 justice itinerant for Yorkshire. He was 
 constable of the castles of Scarborough 
 and Pickering ; for custody whereof he 
 had,2CX) marks per annum. From 1226 
 to 1229 he had the sheriifalty of the 
 county. Id. 
 
 Richard Duket, who, in 6 and 7 Hen. 
 ni, was sheriff of the counties of Nor- 
 folk and Suffolk, was, in 1225, part of 
 the year, one of the justices itinerant 
 commissioned to several counties, and 
 another part of it on an embassy with 
 Philip de Hadham to the court of Rome. 
 In the next year, and (jll 17 Hen. Ill, he 
 was still employed as a justice itinerant ; 
 it is not improbable that he was also one 
 of the regular justiciers at Westminster. 
 He died about 1245. Id. 
 
 Walter Duredent, a justice itinerant 
 for Buckinghamshire. Id. 
 
 Alan de' Englefeld, a justice itinerant 
 for Berkshire and coroner for Stafford- 
 shire. Id. 
 
 Jordan de Esseby (Ashby), a justice 
 itinerant for Lincolnshire, being at that 
 time constable of Lincoln castle. Id. 
 
 Henry Le Evesk, a justice itinerant in 
 Cambridgeshire and Huntingdonshire. 
 Id. In the latter shire Walter Fitz- 
 Robert was also a justice itinerant in 
 the same year. Id. 
 
 Brian Fitz-Alan was, from 9 to 15 
 Hen. Ill, justice itinerant in the north- 
 em counties ; and was sheriff of Nor- 
 thumberland from 13 to 19 Hen. Ill, 
 and of Yorkshire from 21 to 23 Hen. 
 III. Id. 
 
 William Fiiz-Roscelin was named, in 
 in 9 Hen. Ill, as a justice itinerant for 
 Norfolk and Suffolk, but, being ill, did 
 not act. On several occasions he was 
 named with others to take assizes; in 11 
 Hen. Ill he was the first named in a 
 commission into that county to try two 
 
 prisoners. Id. 
 
 Richard Fitz-Simon, a justice itinerant 
 for Essex and Hertfordshire ; and in the 
 two next years a commissioner to col- 
 lect the quinzime, and to assess the tal- 
 lage there and in Cambridge and Hunt- 
 ingdon. He died in 17 Hen. III. Id. 
 
 William Fitz- Warine was, in 9 Hen. 
 Ill and several following years, a jus- 
 tice itinerant in several counties, one of 
 which was Lincolnshire; in 12 Hen. 
 Ill, a fine was levied before him. The 
 castle of Rockingham was entrusted to 
 him, as constable, in 10 Hen. III. He 
 was sheriff of Worcestershire in 13 Hen. 
 Ill, and of Herefordshire in 16 Hen. Ill 
 and the two following years. His only 
 daughter, Asselina, married Thomas 
 Lyttelton, ancestor of the eminent judge 
 in the reign of Edw. IV. Id. 
 
 Adam Fitz- William was, from 9 to 21 
 Hen. Ill, a regular justicier at West- 
 minster; and a justice itinerant. From 
 18 to 20 Hen. Ill, there are mandates to 
 him as one of the king's escheators. Id. 
 
 Robert Fitz- William was, in 9 Hen. 
 Ill, a justice itinerant in Nottingham 
 and Derby. He seems to have been one 
 of the coroners of Cumberland in that 
 or the next year, and to have died while 
 holding this office. Id. 
 
 William de Franchevill was, in 9 
 Hen. Ill, a justice itinerant for Norfolk 
 and Suffolk. To him and other gentle- 
 men of Norfolk county, mandates are 
 addressed from 8 to 11 Hen. Ill, to take 
 assizes as to lands claimed by the church ; 
 and as to the right of presentation. Id. 
 
 Simon de Hale, sheriff of Yorkshire 
 before 8 Hen. Ill, was, in the next year, 
 at the head of the justices itinerant in 
 no less than ten counties ; and in 1 1 Hen. 
 Ill, was appointed to three additional 
 counties. In to Hen. Ill, he was sheriff 
 of Wiltshire; and his people in York- 
 shire were exempted from the rates of 
 
"302 In Reign of Henry III [tit. iv 
 
 Among the appointees in lo Hen. Ill, were Peter de Brus'^'^ (or 
 
 the county and hundred during his 
 absence. He is last mentioned in 1240; 
 when before him, as a justice itinerant, 
 a fine was levied in York. Id. 
 
 William de Haunsaid was a justice 
 itinerant for Surrey in 9 Hen. Ill ; and 
 in the two next years assessed the quin- 
 zime and the tallage in that county. Id. 
 
 Jordan Heyrun was, in 9 Hen. Ill, 
 a justice itinerant for Northumberland 
 and Westmoreland; and, in 1228, for 
 the liberties of the bishopric of Durham. 
 Id. 
 
 John de Houton (or Hocton) was 
 archdeacon of Bedford, when, in 9 Hen. 
 Ill, he was appointed a justice itinerant 
 for the counties of Bedford and Buck- 
 ingham. In Jan., 1224, he was sent on 
 a mission to Rome; on his return, the 
 distribution of the stones of Bedford 
 castle (then razed to the ground in 
 consequence of the misdoing of Faukes 
 de Breaute) was entrusted to him with 
 Henry de Braybroc and the sheriff of 
 the county. In the next year, besides 
 being a justice itinerant, he was again 
 employed in foreign parts, first in July, 
 and then in October. In 1228 he took 
 the principal part in the mission to 
 Rome to oppose the election of Walter 
 de Heynsham as archbishop of Canter- 
 bury. In 1 23 1 he changed his arch- 
 deaconry for that of Northampton ; in 
 1246 he died. Id. 
 
 WiUia?n de Insula, who, in 1222, was 
 appointed with others to hold pleas of 
 the forest at Northampton, and became 
 constable of Rockingham castle, was 
 nominated as a justice itinerant in 9 
 Hen. Ill for the counties of Northamp- 
 ton and Rutland; and aftewards for 
 Lincolnshire and several other counties. 
 From Easter, 1228, till Easter, 1 231, he 
 -was in the higher position of a justicier 
 in Banco at Westminster. Not only 
 during this period, but as late as 18 
 
 Hen. IIJ (1233) he was acting in numer- 
 ous counties. Id, 
 
 Richard de Kaune (or Calne) was a 
 justice itinerant in Wiltshire in 9 Hen. 
 Ill; and about the same time was ap- 
 pointed to take assizes of last presenta- 
 tion, &c., in that county. Id. 
 
 Richard de Kellesay, abbot of Selby, 
 was, in 9 Hen. Ill, the last named of 
 the justices itinerant for York county. 
 Id. 
 
 Richard de Levinton was a justice 
 itinerant in 9 Hen. Ill for the counties 
 of Cumberland and Westmoreland; and 
 in 18 Hen. Ill for Lancashire. Id. 
 
 Alured de LirKoln was, in 9 Hen. 
 Ill, a justice itinerant for Dorset county. 
 He died about 1290. Id. 
 
 Ralph de Lydiard was, in 9 Hen. 
 Ill, a justice itinerant for Somerset 
 county. Id. 
 
 Roger de Merlay was a justice itin- 
 erant in 9 Hen. Ill for Northumberland, 
 and in the next year for Cumberland. 
 He died in 1239. Id. 
 
 Richard de Montfichet was, in 9 Hen. 
 Ill, a justice itinerant for the counties of 
 Essex and Hertford. Id. 
 
 Jordan Oliver, who, in 5 Hen. Ill, 
 was one of the escheators for Devon 
 county, was, from 9 to 22 Hen. Ill, a 
 justice itinerant in that and several other 
 counties. In 24 Hen. Ill he held the 
 office of sheriff for one year. Id. 
 
 Peter, as abbot of Tewkesbury, was, 
 in 9 Hen. Ill, a justice itinerant for 
 Gloucester county. He died in 1232. 
 Id. 
 
 Adam de PorUeye was, in 9 Hen. Ill, 
 1 justice itinerant for Hants county; in 
 the next year he assessed the quinzime 
 for that county. Id. 
 
 John de Reiny was, in 9 Hen. Ill, a 
 justice itinerant for Somersetshire. He 
 died in, or before, 1246. Id. 
 
 John de St. Helena was, in 9 Hen. 
 
■CH. XV.] i2i6 TO 1272. 303 
 
 Eruis), and William de Raleigh^'^ (or Radley). It seems to have 
 
 III, a justice ilinerant for Berkshire; in 
 the next year he assessed the quinzime 
 there. Id. 
 
 John de St. jfohn was, in g Hen. Ill, 
 a justice itinerant for Oxfordshire. He 
 died in 14 Hen. Ill, when Geoffrey le 
 Despenser paid ;^ioo for the guardian- 
 ship of Roger, his heir. That heir fell, 
 in 1265, at the battle of Evesham. Id. 
 Richard de Stoke was coroner in 
 -Buckinghamshire ; in 9 and 1 1 Hen. ^11 
 he was appointed there a justice itin- 
 erant. Id. 
 
 Theodore de Valoines is described as 
 archdeacon of Essex in 1225, when he 
 was constituted justice itinerant in York 
 county. He is mentioned as archdea- 
 con in 1 228. Id. 
 
 Richard de Veym was one of those 
 appointed in 9 Hen. Ill as justices 
 itinerant in Gloucestershire; and, in 10 
 Hen. Ill, to assess and collect the quin- 
 zime of that shire. Id. 
 
 William de Waleis was, in 9 Hen. 
 Ill, a. justice itinerant for Dorsetshire; 
 and in the next year appointed to assess 
 and coUect the quinzime in that shire. 
 -Id. 
 
 William de Welles, who held either 
 part or the whole of a knight's fee in 
 Grimsby, in Lincolnshire, and was, in J 
 Hen. Ill, one of the escheators of his 
 shire, was, in 9 Hen. Ill, appointed a 
 justice itinerant there. He died in June, 
 1261. 
 
 William de Wichinton (or Wythin- 
 tune), seneschal or steward of the great 
 abbey of Ramsey, was, in 9 Hen. Ill, 
 an itinerant justice in the counties of 
 Cambridge and Huntingdon; and, in 
 the next year, one of those appointed 
 to assess and collect the quinzime for 
 those counties. Id. 
 
 '^'^ Walter de Beauckamp (Bello Cam- 
 po) was a justice itinerant in 1226 and 
 4n 1227. In 14 Hen. Ill, he was dis- 
 
 seised of the sheriffalty of Worcester- 
 shire; before the close of that year he 
 was reinstated in his office on a fine of 
 six palfreys. He died in 1236. Foss's 
 Biogr. Jurid. 
 
 jfokn de Vaivill (or D'Ayevill) was, 
 in 10 Hen. Ill (1226), a justice itinerant 
 for Westmoreland county; and in 41 
 Hen, III, justice of the forests beyond 
 Trent; he was afterwards governor of 
 the castles of York and Scarborough. 
 In the contest between the king and his 
 barons, he joined the latter, and after 
 the battle of Lewes was summoned to 
 their parliament. He even continued 
 the contest after the royal victory at 
 Evesham; and suffering another defeat 
 at Chesterfield, fled to the Isle of Ax- 
 holme, in Lincolnshire. He, however, 
 purchased his peace in 51 Hen. Ill, and 
 was restored to his possessions. Id. 
 
 John FitzRobert, who held the 
 sheriffalty of Northumberland for four 
 years, commencing in 9 Hen. Ill, was 
 in 10 Hen. Ill, a justice itinerant for 
 Yorkshire. . From a writ in the Exche- 
 quer in 1 238, it seems he was then act- 
 ing as a baron of the Exchequer. Id. 
 
 Ranulph Fitz-Robert was grandson of 
 that Robert Fitz-Ralph who married a 
 daughter of Rantilph de Glanville. He 
 (Ranulph Fitz-Robert) married Berta, 
 the niece of Ranulph de Glanville, and 
 succeeded to a share of his property 
 with the representatives of that great 
 man's two other daughters. He filled 
 the office of a justice itinerant in 10 
 Hen. Ill, for Lancashire, and in 15 
 Hen. Ill, for Yorkshire. He died be- 
 fore Dec. 25, 1252. Id. 
 
 Brian de Insula (so called from the 
 Isle of Wight, or the Isle of Ely) had, 
 on the accession of Henry, a renewal of 
 the custody of the castle of Knares- 
 borough, and the forests of Nottingham, 
 and aided the royal troops both at Mont- 
 
304 
 
 In Reign of Henry III 
 
 [tit. iv 
 
 been then a common practice to place an ecclesiastic at the head of 
 the commission for a shire. Thus at the head of the commission 
 this year (lo Hen. Ill), there was, for Worcestershire, Thomas, 
 abbot'"' of Winchecum, in Gloucestershire; for Northumberland 
 county, Roger de Scardeburg, abbot '"^ of Whitby; and for Lincoln 
 coMnXy, Alexander de Holdemess, 'abbas de Burgo."™ In conse- 
 quence of his appointment, several causes between the abbot and 
 
 sorel and Lincoln. In 5 Hen. Ill, he 
 was constituted chief justice of the for- 
 ests, but about three years afterwards 
 was removed froni his office, having got 
 into disgrace by being one of the barons 
 who refused to comply with the injunc- 
 tion to surrender the castles. Id, 
 
 yohn de Lacy, earl of Lincoln, filled 
 the office of justice itinerant in 10 and 
 18 Hen. Ill, and was entrusted with the 
 sheriffalty of Cheshire in 21 and 24 
 Hen. III. He died July 22, 1240, and 
 was buried in the abbey of Stanlaw. Id. 
 
 William de Lancaster -vias, in 10 Hen. 
 Ill, a justice itinerant for Cumberland 
 county ; and held the sheriffalty of Lan- 
 cashire from 18 to 30 Hen. III. He 
 died in Dec. 1246. Id. 
 
 Walter le Poer was sheriff of Devon 
 in 6 Hen. Ill, and in 1226, one of 
 those appointed to collect the quinzime 
 in Worcestershire. He was a justice 
 itinerant in the same year in Glouces- 
 tershire, and in 1227 in the counties 
 of Oxford, Hereford, Stafford and Sa- 
 lop. Id. 
 
 105 Descended from Robert de Brus, a 
 valiant Norman knight, who acccompa- 
 nied William the Conqueror on his inva- 
 sion of England, and who was rewarded 
 with no less than 94 lordships in York- 
 shire, of which Skelton was his princi- 
 pal seat, and whose son, Robert, ac- 
 quired Annandale by marrying its 
 heiress. After two Adams there were 
 four Peters, of whom the second was a 
 strong adherent to Prince Louis, when 
 he was introduced by the barons after 
 
 their troubles with King John. The 
 third Peter was, on June 30, 1226 (10 
 Hai. Ill) appointed a justice itinerant 
 for Northumberland county; and after- 
 wards commenced a journey to the Holy 
 Land, where probably he died before 
 Nov. 15, 1240. Foss's Biogr. Jurid. 
 
 It* He was, in 14 John, presented to 
 the living of Bratton in the archdea- 
 conry of Barnstaple, and pursued at the 
 same time the study of the law. He, or 
 one of the same name, being coroner, 
 was raised in 9 Hen. Ill to the sheriff- 
 alty of Devon county. He was one of 
 those appointed in the next year to col- 
 lect the quinzime in Lincolnshire ; and 
 in the following year to assess the 
 tallage in Cumberland and Northum- 
 berland. Soon afterwards he was a 
 justicier at Westminster ;_ fines being 
 levied before him in this character from 
 1228 till 1234, during which time he 
 also performed the duties of a justice 
 itinerant. There is no evidence of his 
 acting as a judge after 1235. His 
 character was so high, both as an eccle- 
 siastic and a lawyer, that he was soon 
 elected to two bishoprics — those of 
 Lichfield and Coventry, and of Nor- 
 wich — the latter of which being ac- 
 cepted, he was consecrated Sept. 25, 
 1239. Id. 
 
 lO'His election as abbot was in 1220; 
 he died Octo. 3, 1232. Foss's Biogr. 
 Jurid. 
 
 1"^ Elected to the abbacy in 1222. He 
 died in 1244. Id. 
 
 109 Elected to that dignity in 1222. Id^ 
 
CH. XV.] 
 
 I216 TO 1272, 
 
 305 
 
 other parties at those assizes were ordered to be heard before the 
 justices of Westminster in Easter ; before that period Alexander died 
 (in Nov. 1226)."° 
 
 In 2 Hen. Ill, there were appointed the additional iustices named 
 below.'" 
 
 7j. June 22, 1226, ^^ writ for the summoning of four knights of the 
 shire." Richard de Marisco succeeded, in 1226, as chancellor, 
 by Ralph de Neville, bishop of Chichester. Of Henrys age 
 when he undertook to regulate the affairs of the realm by him- 
 self. Hubert de Burgh continued to be justiciar. Trace of an 
 inner royal council, distinct from, the curia regis as it had been, 
 and from the common council of the realm. Now the common 
 council claims the right of nominating, or confirming nomina- 
 tions of, the justiciar, cha?icellor and other great officers of state ^ 
 
 A "writ for the summoning of four knights of the shire," which, 
 issued June 22, 1226, is produced by Mr. Stubbs as "an interesting^. 
 
 ''"He was buried in tlie abbey; in 
 1230 a grave, opened in Peterborough 
 Cathedral, was identified as his by a 
 piece of lead inscribed 'Abbas Alexan.' 
 Id. 
 
 "' Fulco Baynard (descended from a 
 younger brother of Geoffrey Baynard, 
 whose son, William, in the time of 
 Henry I, had Baynard's castle, near 
 St. Paul's, in London) was, in 2 and II 
 Hen. ni, one of those selected to assess 
 the tallage in Norfolk, and was, before 1 1 
 Hen. Ill, one of four appointed to take 
 particular assizes of novel dissesin in 
 Norfolk county. In Nov. of that year 
 (1226), he and three others were consti- 
 tuted justiciers to try some prisoners 
 (charged with murder) in custody of the 
 bishop of Ely. Foss's Biogr. Jurid. 
 
 Maurice de Gant was, in August, 1227, 
 nominated one of the justices itinerant 
 for five counties. In 1230 he embarked 
 with King Henry in April on his ex- 
 pedition into France, and there died in 
 August. Id. 
 
 John de Kirkeby was, in August, 1227, 
 20 
 
 one of five justices itinerant for the coun- 
 ties of Northampton, Bedford, Bucking- 
 ham, Cambridge, Huntington and Rut- 
 land. In 14 Hen. Ill the tallage of 
 Yorkshire was assessed by him. In 
 Easter, 1236, he was a justicier, taking 
 the acknowledgment of fines. Id. 
 
 William de London was elevated to 
 the bench shortly after, if not before,, 
 August 1227, when his name, in the 
 commission to justices itinerant for 
 several counties, stands next to Stephen 
 de Segrave. In 1230 his position is 
 equally prominent. From 13 to 15 Hen.^ 
 Ill fines were levied before him at 
 Westminster. Id. 
 
 William de Sorewell (or Shorewell) 
 was united with Peter de RupibuSf 
 bishop of Winchester, in the sheriffalty 
 of Hampshire, for seven years com- 
 mencing 2 Hen. Ill; and with Joscelin,. 
 bishop of Bath, in the sheriffalty of 
 Somerset county, in part of the ninth 
 year of that reign. He was, in 10 
 Hen. Ill, one of those employed to- 
 collect the quinzime of the former 
 
306 In Reign of Henry III [tit. iv 
 
 illustration of the extending use of the election of representatives to 
 act for the shire, in matters neither judicial nor exclusively financial." 
 He observes that the business on which they are called together, the 
 disputed interpretation of some articles of the great charter, although 
 not distinctly declared, is more of the character ol political delibera- 
 tion than anything that has hitherto been laid before them." '" 
 
 In 1226, after the death of Richard de Marisco (mentioned in § 6 
 p. 283), and before the 28th of June, Ralph de Neville^^^ became 
 chancellor."* 
 
 Henry, though not yet twenty, considered himself of age to 
 govern, as the pope had declared."^ In a council at 0:!(ford, in Jan., 
 
 1227, he announced that henceforth he should regulate the affairs of 
 the realm by himself. 
 
 There is a charter of Feb. 12, 1227, granting to Ralph de Neville, 
 bishop of Chichester, the chancery for his life."' Hubert de Burgh 
 •continued to be Henry's minister, and was raised, in 1227, to the 
 ■earldom of Kent. Peter de Rupibus, the bishop of Winchester, 
 being now out of favour, was soon on a journey to the Holy Land."' 
 
 As to " the termination of the king's minority," it is observed that 
 
 ■county; and in the next year, 1227, to have been his deputy in the duties of 
 
 was a justice itinerant in the latter the chancery. In 1222 he was ap- 
 
 county, and also in Dorsetshire and pointed chancellor of Chichester, and 
 
 Wiltshire. He died before "Aug. 7, Nov. I, 1223, was elected bishop of that 
 
 1228. Id. see. In 1224 he sat as a justicier in 
 "2 Select Charters, p. 348. Shropshire with William de Houbrug. 
 ^'^ Stated to have been born at Raby Foss's Biogr. Jurid. 
 
 ■castle, the seat of the baronial family of i" By this title he is designated in the 
 
 De Neville, in Durham county. As grant of a market dated June 28, 1226. 
 
 mentioned in ch. 13, J 5, note, the Great There are charters under his hand in 
 
 Seal was delivered to him Dec. 22, 1213, Dec, 1226. Id. 
 
 to be hel.d under the Bishop of Win- "^ See § 7, pp. 288,289. Letters issued 
 
 ■Chester, Peter de Rupibus. About this by Honorius, in 1223, recognizing the 
 
 time several churches were successively king's competency, were renewed by the 
 
 given to Ralph de Neville; in April, new pope, Gregory IX. 2 Slubbs's 
 
 1214, he was appointed dean of Lich- Const. Hist., ch. 14, p. 39. 
 
 field. While the cha^aceWox, Kichard "« A charter which was renewed in 13, 
 
 Je Marisco was absent from England, i6 and 17 Hen. III. Foss's Biogr. 
 
 in 5 Hen. Ill (1221), 6n a visit to Jurid. 
 
 Rome concerning his diocese, Ralph "' And was absent two or three years. 
 
 ^e Neville (as stated in § 6, p. 283) seems Id. 
 
'CH. XV.] i2i6 TO 1272. 307 
 
 ■" the period leaves its mark on the framework, and even on the the- 
 ory, of the gfovernment. It is from this point that we first distinctly 
 trace the action of an inner royal council, distinct from the curia 
 regis as it existed under Henry II, and from the common council of 
 the realm. The king's personal advisers began to have a fecognized 
 position, as a distinct and organized body, of which the administra- 
 tive body, the judges and other officers of state and household, form 
 ■only a part." "' 
 
 "Another point of like significance comes also into light: as soon 
 as the constitutional disputes of the reign begin, the common council 
 ■of the realm claims the right of nominating, or confirming the nomi- 
 nation of the great officers of state, the justiciar, the chancellor and 
 the treasurer. In previous times, although new appointments would 
 no doubt be announced in the meetings of the great council, there is 
 no trace of such a claim. During the minority, it is not unlikely that 
 that assembly was formerly consulted ; Hubert de Burgh may have 
 been continued in the justiciarship by the same body that conferred 
 the regency on William Marshall, and we are distinctly told that 
 Ralph Neville received the chancellorship and the great seal in 
 1226, by appointment of the common council of the kingdom.""' — 
 " It is probable, then, that the events of Henry's minority had a con- 
 «derable effect in creating the idea of limited monarchy, which 
 almost immediately springs into existence. It is, at all events, not 
 improbable that the constitutional doctrine that the king can do no 
 wrong, and that his ministers are responsible to the nation, sprang up 
 whilst the king was a child, and the choice of his ministers was 
 actually determined by the national council." "° 
 
 J 4. Additional appointments of justices during Huberfs administra- 
 tion. Of the power which he exercised, though hampered by 
 the king's interference; circumstances combined to make his 
 position difficult ; yet he did a great work. 
 
 During the continuance of Hubert's administration, there were 
 additional appointments of justices."^ He was able during this time 
 
 ''' 2 Stubbs's Const. Hist., ch. 14, p. 40, to the king and the nobles on its dedica- 
 
 "'And in 1236, refused to resign his tion, in 1252, are the admiration of his 
 
 office without a requisition from the body cotemporaries. Foss's Biogr. Jurid. 
 
 that had appointed, him. /^. p. 41. Robert de Shardelowe {ox CrnxduAwn^) 
 
 ^^2 Stubbs's Const. Hist., ch. I4,p.4i. -was a justicier at Westminster from 
 
 '^^Hugh de Northwold, abbot of St. Mich., 13 Hen. IH, 1228, to Easter, 
 
 Edmund's, was a justicier in I2 Hen. 1232; and, during this period, was ap- 
 
 III (1228); a few months after acting as pointed to three circuits. Jd. 
 
 a judge, he was nominated bishop of Ralph Fita- Reginald was a justice 
 
 Ely; he held' this see till his death. itinerant in 14, 16 and 18 Hen. HI. Id. 
 
 His charity and hospitality, his munifi- John de Ulecot, who was sub-sheriff 
 
 ficent expenditure in the erection of his of Northamptonshire in 6 John, and of 
 
 church, and his splendid entertainment ' Cambridge and Huntingdon for four 
 
308 In Reign of Henry III [tit. iv 
 
 to exercise a directing power in the state, although hampered by- 
 Henry's interference even more than he had been by the hostility of 
 Peter des Roches. He had, in fact, to hold himself responsible, not 
 only for his own strong measures, but for the king's imprudences. 
 
 " Many circumstances combined to make the position of the jus- 
 ticiar difficult. On the gth of July, 1228, he lost his most able and 
 honest coadjutor. Archbishop Langton, the man who, more than any 
 other, had helped to give form and consistency to the constitutional 
 growth, and had also staved off difficulties with the papacy. Hono- 
 rious III had died the year before, and Gregory IX took immediate 
 advantage of the removal of Langton's influence. In 1229 he 
 demanded a tenth of all property for the war against the emperor. 
 A great assembly of tenants-in-chief was held at Westminster on the 
 29th of April; the earls and barons, led by the Earl of Chester, 
 opposed the grant; the clergy, under threat of interdict, gave a 
 reluctant consent; the king assented in silence; he had pledged him- 
 self, by his proctors at Rome, to agree to the impost, in order to 
 obtain the confirmation of his nominee to the primacy; and from the 
 clergy the tax was rigidly collected. Master Stephen, the pope's 
 collector, provoked a popular rising; an anti- Roman league was 
 formed, with the connivance, it was thought, of the justiciar, and the 
 papal agents were insulted and ill-treated. Henry, whose devotion 
 to the papacy was the most permanent result of his education, if not 
 
 years from 5 Hen. Ill, was, in 14 Hen. Hil., 1230, till Easter, 1231. He was 
 
 III (1229), a justice itinerant for Sussex still alderman in 19 Hen. Ill, but died 
 
 and Rutland. Id. soon afterwards. Id. 
 
 Ralph de Norwich, after acting with William de Loudham was the last of 
 
 ElyaE de Sunning, as justice of the seven justices itinerant, appointed in IJ 
 
 Jews, was constituted one of the ' king's Hen. Ill, for York county. Id. 
 
 justices of the bench' on April 29, 1 230; Walter de Cantilupe, second son of 
 
 and fines were levied before him till William de Cantilupe, was educated for 
 
 Hil., 1234. Id. the church, and after being presented to 
 
 Richard Reinger (or Renger), an the living of Eyton, had no less than 
 alderman of London, served as sheriff seven benefices. In 16 Hen. Ill (1231) 
 in 5, 6 and 7 Hen. Ill, and as mayor in he was one of seven justices itinerant 
 the next four years. During part of this named for several counties. Id. 
 time the chamberlainship of the city Henry de Tracy was, in 17 Hen. Ill 
 was committed to him and to John (1232), at the head of the justices itin- 
 Travers. Afterwards the mint of Lon- erant into Cornwall. In 41 Hen. Ill, an 
 don was for a time in custody of him assize of novel disseisin, &c., was di- 
 and Alexander de Dorset. In 13 Hen. rected to be taken before him in Devon- 
 Ill it was transferred, together with that shire, and he was made governor of 
 of Canterbury, to him alone, for four Exeter castle. In 45 Hen. Ill, he is 
 years, at an annual rent of 700 marks. named among the barons of the Ex- 
 While in this office he acted as a justi- chequer. Id, 
 cier; fines being levied before him froin • 
 
•CH. XV.] i2t6 TO 1272. 30& 
 
 also the strongest feeling of which he was capabldj began to look ort 
 Hubert with aversion from this time.""" 
 
 " Hubert had done a great work. Following ifl the footsteps of 
 Williani Marshall, he had taken a middle path between the feudal 
 ■designs of the great nobles and the despotic theories of John, which 
 had still some support anlong the old officials of the court. In so 
 doing he had found himself adopting, for the most part, the principles 
 of the barons of Runnymede. He had attempted to govern England 
 for English interests, husbanding her resources, and keeping her at 
 peace. The king of Scots he had boUnd by giving him a daughter 
 of John to wife, and he had himself married a daughter of William 
 the Lion; he had kept peace with France until his personal influence 
 was on the wane, and the young king began to Hsten to rasher if not 
 bolder counsels. He had attempted to strengthen the royal con- 
 nexion with the barons, especially, with the great house of the Mar- 
 shalls, which inherited not only the reputation of the regent, but the 
 enormous claims of the lords of Striguil, in Wales and Ireland ; he 
 had married the, younger earl, William, to the king's sister; and 
 Richard, of Cornwall, to a sister of the earl. His hardest toil had 
 been in the humiliation of the foreigners, and in this he had suc- 
 ceeded." "^ " Like Hubert Walter and Geoffrey Fitz-Peter, Hubert 
 <le Burgh. had served the king too well to please the nation, and had 
 spared the nation too much to please the king." "^ 
 
 15. Of I2JI ; "the writ for assembling the county court before the 
 judges itinerant ; " " writ for assembling the 'Jurati ad anna ; ' " 
 and return of Peter des Roches from the crusade. Of the coun- 
 cil of March 7, 1232; Peter's advice; and the king's action. 
 He dismissed from, the treasurership an old clerk of Hubert ; 
 appointed in the treasurer's place Walter Mauclerk, bishop of 
 Carlisle ; and afterwards dismissed Hubert himself. The perse- 
 cution of Hubert based upon untenable accusations. 
 
 Of the writ of April 20, 1231, 'for assembling the county court,' 
 Mr Stubbs observes, there may be gathered .from it "what was the 
 exact composition of the shiremoot at this period. No change seems 
 
 •*' 2 Stubbs's Const. Hist., ch, 14, pp. must give way to state policy. Henry 
 
 42, 43. He was only saved by the in- was an apt scholar in learning the lesson 
 
 terposition of his personal enemy, the of ingratitude; policy he could not 
 
 earl of Chester, from being disgraced learn. He had thrown off the yoke of 
 
 because of his opposition to the Gascon Peter des Roches when the justicier bade 
 
 war. Id., p. 43. him; now he threw .off the justiciar at 
 
 '^/(/., pp. 43,44. Those, on whom the the bidding of the bishop, and reversed 
 
 humiliation fell, were men who had no the policy that he had failed to compre- 
 
 small share in placing Henry on the hend." Id.- 
 
 throne. Mr. Stubbs says: "Hubert 1^/4^.44. 
 taught the boy that personal gratitude 
 
310 In Reign of Henry III £tit. iv 
 
 to have taken place in it since the reign of Henry I. It contains alt 
 the elements that were united in the ^Commune Consilium regni' at 
 the time, 'archiepiscopos, episcopos, abbates, priores, comites, barones, 
 milites et omnes libere tenentes,' the very words in which the^iational 
 councils of Henry IFs reign are described; but it contains fur- 
 ther the representative bodies; the ancient English townships, each 
 represented by the reeve and four men ; the new municipaUties repre- 
 sented, by the twelve legal men from each borough. We begin to 
 see more clearly the process by which the national council becomes 
 the representative parliament.""* 
 
 Of the writ of July i6, 1231, for assembling the 'Jurati ad arma,> 
 Mr Stubbs observes that it " helps us to reahze very clearly the practi- 
 cal identity o{^e. jurati ad arma, — the local force armed by the assize 
 of arms, — with the ancient militia of the fyrd"^''^ 
 
 "Peter des Roches had returned from the crusade in 1231. He 
 entertained the king at Christmas at Winchester, recovered the royal 
 confidence, reformed his party in the council, and resumed his 
 designs. Henry was in want of money; in a council on the 7th 
 of March, 1232, the barons, led by the earl of Chester demurred 
 to a grant of aid for the French war, on the plea that they had served 
 in person ; the clergy objected on account of insufficient representa- 
 tion; the Welsh, too, were in arms; and the king complained to 
 Peter that he was too poor to enforce order. The bishop at once 
 urged the dismissal of the ministerial staff; it was no wonder that the 
 king was poor, when his servants grew so rich. The hint was not 
 wasted. Henry forthwith dismissed the treasurer, Ranulf le Bret™ 
 an old clerk of Hubert, and, on the 4th of July, appointed" in his place 
 Bishop Walter QA'&\),QSsx)ii) of Carlisle (mentioned ante%6,'a.r\.6.post 
 § 17) ; "three months later, Hubert, who but a month before had been 
 made justiciar of Ireland for life, was summarily dismissed July 29."''* 
 
 As to Hubert de Burgh, Mr. Stubbs observes, that "his perse- 
 cution, like Wolsey's, was based upon untenable accusations, on 
 
 1^* Select Charters, pp. 349, 350. of gilt spurs. When dismissed from the 
 
 '^^/</., pp. 350,351. treasurership, he was also fined — in no 
 
 "' ^a«»^/4 ^?^Vo (or Le Breton), who less than £1,000 — on an allegation of 
 
 was chaplain to Hubert de Burgh, the fraud and corruption. The king, indeed, 
 
 chief justiciary, in 1 22 1, afterwards be- in his first anger, banished him from the 
 
 came a canon of St. Paul's. In 7 Hen. kingdom, but within two months, on 
 
 III he assessed the tallage in Wilton ; payment of the fine, restored him to. 
 
 he appears to have been about the king's favour, though not to his place. He 
 
 person then, and for some years after- died in 1247. Foss's Biogr. Jurid. 
 wards. In 11 Hen. Ill there was a i'*2 Stubbs's Const. Hist., ch. 14, pp.. 
 
 grant to him of part of the wood in two 44, 45. 
 places, to hold by the service of a pair 
 
CH. XV.J 
 
 I2l6 TO 1272. 
 
 311 
 
 charges which are, for the most part, so far from reasonable proba- 
 bility, that they prove the. innocence of the man against whom 
 nothing more plausible could be alleged.""' 
 
 16. Of Stephen de Segrave, who, in 1232, succeeded Hubert de 
 Burgh as chief justiciary ; regulations in 1232 for collection of 
 the fortieth; ' and in 12:33 for conservation of the peace. 
 
 Stephen de Segrave^^" who during the king's absence in Poictou, in 
 1230, had been joined with Ralph de Neville in the administration of 
 affairs, was now (July 29, 1232) appointed to succeed Hubert de 
 Burgh in the office of chief justiciary, together with the government 
 of all the castles from which his predecessor had been removed."' 
 
 There were important regulations by the writ in 1232, for the col- 
 lection of the 'fortieth,'"*" and that in 1233 (June i), for the conserva- 
 
 ^^Jd., ch. 14, p. 44; also, p. 46. 
 
 i™He acted, during several years of 
 Richard's reign, as sheriff of Leicester; 
 was, in 8 John, one of the two 'cus- 
 todes placitorum corona' (Abb. Placit. 
 5S) ; and, ii» i5 John, was sent into Wor- 
 cester county to forward the king's 
 affairs. Brought up in his youth as an 
 ecclesiastic, he had no doubt added to 
 the clerical profession, as was then usual, 
 the study of the law, and he continued 
 his attention to it; he was soon raised 
 to the bench. In records of fines, his 
 name occurs from 2 Hen. Ill (1218) till 
 Mich. 14, Hen. Ill, during which time, 
 and in the next two years, he was fre- 
 quently employed as a justice itinerant, 
 holding, from 10 Hen. Ill, the highest 
 place in commissions to which he was 
 attached. He had also been entrusted 
 with other important commissions, being 
 sent, in 3 Hen. Ill, on an embassy to 
 the legate, and, in the next year, ap- 
 pointed governor of Sauvey castle, in 
 Lancashire. For the three following 
 years he acted as sheriff of the counties 
 of Lincoln, Essex and Hertford, and as 
 constable of the Tower of London, with 
 an allowance of £,'^0 per annum. He 
 
 was made sheriff of Buckingham and 
 Bedford in 12 Hen. Ill, and then of 
 Warwick and Leicester and Northamp- 
 ton for his life. Foss's Biogr. Jurid. 
 
 '^^Id. Of Thomas de Muleton, who- 
 in Jan., 1227, was placed at the head of 
 one of the commissions, Mr. Foss says, 
 that " he retained this position in all his 
 remaining circuits, except that, in one 
 instance, 1232, he was preceded by 
 Stephen de Segrave, who then was Justi- 
 ciarius Anglise.' Id. 
 
 "2 Select Charters, pp. 351, 352. 
 " The assessment in this case is to be 
 made by four men and the reeve in each 
 township on oath, and the four men are 
 to be fixed on by election ; an impor- 
 tant indication of the usual process in 
 such selections. The grant of' the ' for- 
 tieth' is said to be made by the ' arch- 
 bishops, bishops, abbots, priors, clergy, 
 earls, barons, freeholders and villeins.' 
 If these words are to be understood 
 literally, the freeholders and ^villeins 
 must have been consulted in the shire- 
 moots, or else the lords must have been 
 supposed to represent their own villein 
 tenants in the ' Commune Consilium,' as 
 is the case in 1237." /</., 351. 
 
S12 In Reign of Henry III [tit. iv 
 
 tion of the peace,"' 
 
 ly. Changes, in 1233, in the office of treasurer; and in sheriffdoms 
 and other places. Opposition under earl marshal Richard. 
 Resolution of the earls and barons announced by Robert Bacon, 
 a Dominican friar. Bishop Peter opposed by the other bishops. 
 Civil war in 1234. Hubert de Burgh escaped from, the church 
 of Devizes and joined the earl. The king defeated; but the earl 
 marshal mortally wounded. 
 
 In 1223, Peter de Rupibus persuaded the king to substitute for 
 Walter Mauclerk^^*' as treasurer, Peter de Rivaux, or Rivallis"' 
 (sometimes called Orivallis), and to make some important changes in 
 the sherififdoms."' 
 
 " The removal of the English servants of the royal household to 
 make way for Bretons and Poictevins, shortly followed. These 
 measures produced great and widespread apprehensions of further 
 change, and roused at once a formidable opposition under the earl 
 Marshall, Richard, the second son of the regent, the most accom- 
 plished and patriotic member of the baronage.""' 
 
 ^^^ Id., pp. 353, 354. Mr. Stubbs (at the moment of embareation) with 
 
 deems this " a valuable illustration of the such violence, that Roger, bishop of 
 
 permanence of the old English regula- London, immediately excommunicated 
 
 tions for the security of peace in the the officers who had impeded him, and 
 
 country, which may be traced from the boldly repeated the sentence before the 
 
 laws of Edgar and Canute, and through king. Foss's Biogr. Jurid. ; citing R. de 
 
 the statutory injunctions of William, the Wendover IV, 264, 272. The bishop 
 
 Conqueror, Henry II, and Richard." afterwards recovered the royal favour, 
 
 He observes "the principle thus ex- and was appointed catechist to Prince 
 
 panded is here developed into a com- Edward. Biogr. Jurid. See also post, 
 
 plete system of watch and ward, which, \ 24. 
 
 a few years later, is brought into con- iss gy birth a Poictevin, and of Peter 
 junction with the Assize of aims, and de Rupibus, a near relation ; being men- 
 completed by Edward I in the statute of tioned by one writer as his son, and by 
 Winchester, and by the assignment of other writers as his nephew; in 3 Hen. 
 justices of the peace under Edward III (1218) one of the king's chambey- 
 III." Id. lains; and a clerk in the wardrobe; in 
 
 13* Walter Mauclerk is mentioned in 1232 custos of the escheats and wards. 
 
 \ 6 and § 15, p. 283, and p. 310. In 1233, Foss's Biogr. Jurid. 
 
 besides being ejected from his office of "^ 2 Stubbs's Const. Hist., ch. 14, 
 
 treasurer, he was fined ;f lOO of silver, p. 47. 
 
 and deprived of various possessions. ^" Who had succeeded his brother in 
 
 His intention to appeal to Rome was 1231. /a?., p. 47. 
 frustrated by his being stopped at Dover 
 
-CH. xv.J 1216 TO 1372, 81S 
 
 On receiving a summons to meet the king at Oxford on the 214th 
 •of June (1233), the earls and barons determined to absent themselves, 
 and announced their resolution in plain terms to the king. Robert 
 Bacon, a Dominican friar, told Henry that so long as the influence 
 of the bishop of Winchester prevailed, there could be no peace. 
 The king, in alarm, issued a new summons for the nth of July, 
 promising that if the barons would then meet him at Winchester, he 
 Tvould make all rightful and necessary reforms. They replied that 
 unless the alien counsellors were dismissed, they would call together 
 the common council of the realm and elect a new king. The bishop 
 ■Carried matters with a high hand ; it ill became him, the chief adviser 
 of pope and emperor, to yield. Foreign forces were levied, hostages 
 demanded of the bafons; the king was ready for war. On the ist of 
 August, at London, the party of opposition met, but the earl Mar- 
 shall, warned by his sister, the countess of Cornwall, that Henry 
 intended him to share the fate of Hubert de Burgh, absented himself 
 •and, in his absence,- nothing was done: A general assembly of all 
 the military tenants of the crown was next called for the. 15th of 
 August, at Glouces'ter. In that meeting, Richard was declared a 
 traitor: the king invaded his estates, and fixed a day for his trial. 
 On the 8th of October, there was another stormy meeting: the 
 barons denied the legality of the proceedings against the earl Mar- 
 shall, and insisted that he should be tried by his peers. The bishpp 
 replied contemptuously, and with a perverse misrepresentation of the 
 English law (which justifies the suspicious hatred with which he was 
 regarded), that there were no peers in England, as there were in 
 France, and that the king had a full right, through his justices, to 
 proscribe and condemn his enemies. This provoked an immediate 
 outcry ; the bishops declared that they would excommunicate Peter, 
 •of Winchester, and the rest of the counsellors, and went so far as to 
 pronounce a general sentence on the men who had turned the king's 
 heart away from his natural subjects. Civil war broke out immedi- 
 ately; Hubert escaped from Devizes and joined the earl.^^* The 
 king, having marched in person against the malcontents, suffered an 
 entire defeat at Monmouth, in October; and the beginning of the 
 next year saw the earl Marshall in league with the Welsh, ravaging 
 the estates of the royal partisans."' Bishop Peter, however, was 
 
 '^ Richard, the third earl marshal, was men, who, overpowering his guards, led 
 earl of Pembroke. Mr. Foss mentions him from the church, and conveyed him 
 a. precept of Octo. 15, 1233, 'to the to the earl of Pembroke, then in arms 
 good men of Wilts,' commanding them against the king in Wales. His out- 
 if Hubert de Burgh would not give his lawry immediately followed." Biogr. 
 abjuration of the realm to Ralph de Jurid., tit. Burgh (Hubert). 
 Bray and Ralph de Norwich, justices, w Situated as John de Monmouth 
 or submit to be judged by them, to sur- was, on the Marches of Wales, he had 
 round the church and its cemetery ; and to sustain the attack of the earl mar- 
 then makes this statement: " He was a shal; and when the king, in 1233, had 
 i^v days afterwards rescued from his been defeated at Grosmount, he was 
 intended starvation by a body of armed appointed one of the commanders of the 
 
S14 In Reign of Henry III [tit. i-st 
 
 cunning as well as violent. He had forced, the earl Marshall into- 
 armed resistance; he now took means for completely destroying him. 
 He drew him into Ireland, to defend his estates there. Geoffrey de 
 Marisco, the old justiciar of Ireland, was trusted to allure him to- 
 open war, to desert him, and then overwhelm him. The plan was 
 too successful. The earl was mortally wounded on the ist of April, 
 1234, and died in prison on the i6th." "° 
 
 18. Edmund Rich, the new primate, visits the king, and insists on 
 reform of abuses, and dismissal of bad advisers. The king- 
 gives way. Peter des Roches confined to spiritual duties. Peter 
 de Rivaux compelled to resign all his offices. Stephen Segrave 
 fell also. Both treasurer and justiciar called to a strict account. 
 Hubert de Burgh restored to his estates. Hugh de Pateshult 
 succeeded Peter de Rivaux as treasurer, fohn Mansel's office- 
 in the Exchequer. 
 
 " In a council at Westminster, on the 2d of February, the bishop of 
 Lichfield had indignantly denied that friendship with the earl Marshall 
 implied enmity to the king, and obtained from his brethren a sentence 
 of anethema against the accusers. But the bishops soon found a more 
 able leader in Edmund Rich, the new primate, whom the pope had 
 appointed by an, assumption of power as great as that by which 
 Innocent III had compelled the election of Langton. His first act, 
 after his consecration, was to visit the king and insist on the reform 
 of abuses and the dismissal of the bad advisers. On the 9th of 
 April, at Westminster, a long list of grievances was read, and 
 Edmund declared himself ready to excommunicate the king in per- 
 son. Henry gave way; on the loth he sent word to Peter des- 
 Roches^*^ that he must henceforth confine himself to his spiritual 
 duties. Peter de Rivaux was dismissed and compelled to resign all 
 his offices."^ Stephen Segrave,^" too, fell with his patron, and both 
 
 Poictevins, whom the king had intro- amiserunt.'' Id. 
 
 duced to resist the earl. That active '^^2 Stubbs's Const. Hist., ch. 14, \ 
 
 general having discovered that the royal 173, pp. 48, 49. His death left the 
 
 army intended to attack him, placed an head.ship of the opposition vacant for 
 
 ambush on the line of its march, sur- many years. Id. 
 
 prised and totally defeated it; yohn, of ^"He escaped to Rome, from which 
 
 Monmouth, escaped then by a hasty he returned in 1236. Foss's Biogr.. 
 
 flight. He died about Sept., 1248. Jurid. 
 
 Foss's Biogr. Jurid. Stephen de Segrave "2 jje had so ingratiated himself with 
 
 and Ralph de Neville were with the the king, that to the high office of trea- 
 
 king when he was surprised and de- surer, several others, of great responsi- 
 
 feated by the earl of Pembroke before bility and emolument, were added^ 
 
 the castle of Grosmont, in Monmouth- among which were those of custos of 
 
 shire, and was one of those who escaped the forests, and of most of the castles in 
 
 ' nudi fugientes omnia quce sua erant England. But now he was made to- 
 
CH. XV.J 
 
 I2l6 TO 1272. 
 
 31& 
 
 treasurer and justiciar were called to a strict account for their deal- 
 ings,'" especially for their treatment of Hubert de Burgh '" and the 
 earl marshall."^'^ 
 
 In place of Peter de Rivallis (or Rivaux), as treasurer, was 
 Hugh de Pateshull (son of Simon de PateshuU) who united, as was 
 then common, the clerical profession with the performance of duties- 
 in the Exchequer. His being a canon of St. Paul's did not prevent 
 his being gradually advanced to that position in which he had the 
 custody of the seal of the Exchequer and the receipt of the revenue 
 accounted for by the sheriffs."' By a writ, dated July 5, 1234, Hugh ■ 
 de Pateshull, the treasurer, was commanded to admit the king's 
 beloved clerk, John Mansel}^'^ to reside at the exchequer of receipt, 
 in his place, and to have one roll of that receipt. Mr. Foss suggests 
 that Hansel's .office, being a new one, may have been that of chan- 
 
 give up all his possessions, and was sent 
 to the Tower, from which, however, he 
 was shortly released by the archbishop 
 of Canterbury, and allowed to return to 
 his sanctuary at Winchester. From this 
 retirement he was suddenly recalled, in 
 1236, and, iiotwithstanding his former 
 offences, was restored to the royal confi- 
 dence. He resumed his original duties 
 in the wardrobe, of which he was ap- 
 pointed keeper; and, in 1 251, he had a 
 quittance from all debts and accounts to 
 be rendered to the king. Id. 
 
 '*' His support of the pope's exactions, 
 and. his adherence to the bishop of 
 Winchester, were sufficient to cause 
 his unpopularity; one effect of which 
 was the burning (in Feb., 1234,) of his 
 mansion at Alemundberry, while he was 
 with the king in the neighbouring town 
 of Huntingdon. Id. 
 
 '"Rather than meet his accusers, 
 Stephen de Segrave retired to the abbey 
 of St. Mary at Leicester, where he re- 
 sumed the clerical tonsure. Afterwards 
 he made his peace with the king on pay- 
 ing a fine of 1,000 marks. Id. 
 
 '*^ Hubert was soon afterwards re- 
 stored to his estates. But he never 
 resumed the office of chief justiciary.. 
 Id. 
 
 1*^ The bishops, who were sent to treat 
 with the earl, brought back only the- 
 tidings of his death, and a demand for 
 the punishment of his enemies. 2 
 Stubbs's Const. Hist., ch. 14, pp,49, 50. 
 
 "' He was appointed treasurer June 
 I, 1234, and continued to perform the 
 duties in 22 Hen. HI. In 24 Hen. 
 Ill (1240) he was consecrated bishop of 
 Lichfield and Coventry. He was com- 
 paratively a young man when he died,. 
 Dec. 7, 1241. Foss's Biogr. Jurid. 
 
 '*8Said to have been grandson of 
 Philip de Mansel, who came in with 
 the Conqueror ; and to have been son of 
 Philip's eldest son Henry; and to haye 
 been brought up at court : for, in a let- 
 ter written in 1262, the king says, he 
 was "sub aliis nostris educatus, cujus 
 ingenium, mores et merita, ah adoles- 
 centia sua probavimus." (Rymer \^ 
 414.) Foss's Biogr. Jurid. 
 
816 In Reign of Henry III [tit. IV 
 
 cellor of the exchequer, which is first spoken of by name a few yeafs 
 afterwards."' 
 
 ig. Of Alexander dc Swereford {compiler of the Red Book of the 
 Exchequer); and other persons admitted in i8 Hen. III{i2J4), 
 tanquam baro. Also of justices in 1234; especially of those 
 appointed in thai year ad bancum, 
 
 The treasurer and barons of the Exchequer were, in 18 Hen^ III, 
 commanded to admit Richard de Montfichet^^ as their companion 'ad 
 residendum ad Scaccarium nostrum tanquam baro, pro negotiis nos- 
 tris qucB ad idem, Scaccarium, pertinent! In the same year (1234), 
 July 6, William de Beauchamp^"- (Bello-Campo) was assigned to 
 sit at the Exchequer tanquam baro^''^ Alexander de Swereford^^ 
 is chiefly celebrated as the compiler of the Red Book of the Exchc 
 •quer, in which he collected, out of the Great Rolls of the pipe, the 
 memorials concerning the scutages assessed in the reigns of Henry II, 
 Richard I, John, and the first fifteen years of that of Henry III, with 
 ■other particulars as to the officers and practice of the department of 
 
 "'Mr. Foss says, that Mansel's "ac- munfwhen Richard, earl marshal, sur- 
 
 tivity of mind and capacity for business prised the king, who, with many of his 
 
 made him peculiarly useful" to the king barons, then narrowly escaped with their 
 
 " in the straightened circumstances of lives. Foss's Biogr. Jurid. 
 
 the royal revenue." Id. i*^ His attestation in that character 
 
 ^^ Mentioned in §12, p. 302. Three appears three years after that date. He 
 
 years afterwards he was constituted jus- was, in 19 Hen, III, sheriff of the coun- 
 
 tice of the forests over nineteen coun- ties of Bedford and Buckingham, and 
 
 ties. From 26 to 36 Hen. Ill, he held held the sheriffalty for two years. H« 
 
 the office of sheriff of Essex and Hert- died a short time before Aug. 21, 1262. 
 
 ford, in which his possessions were Id. 
 
 situate, the principal of which was the '^'Took his name from a parish, so 
 
 baronry of Stanstead. He died in 52 called in Oxford county, of which he 
 
 Hen. Ill (1268). Foss's Biogr. Jurid. was vicar before he was rector. He 
 
 '^' He had, in John's reign, enters was a clerk in the Exchequer, and was 
 
 tained the rebellious barons at Bedford appointed domestic chaplain by William 
 
 castle, which afterwards was captured by de Cornhill, bishop of Coventry, who 
 
 Faukes de Breaute. When the castle had himself been an officer of that 
 
 -was destroyed in 1224, as stated in \ 10, branch of the court. He was, about 
 
 p. 292, William de Beauchamp had the 12 19, made archdeacon of Salop &t 
 
 site restored to him, with part of the Shrewsbury, and is mentioned Jan. 15, 
 
 materials, to erect a mansion there. He 1 23 1, as treasurer of St. Paul's, having 
 
 was engaged in Wales in Nov., 1233, been previously a canon in that eatbe- 
 
 .and was present at the castle of Grose- dral. Id, 
 
en- xv.j 
 
 I2l6 TO 1273, 
 
 317 
 
 revenue in the king's court, and in which he preserved the valuable 
 work of Richard Fitz-Nigel, bishop of London, called ' Dialogus de 
 Scaccario.' On the same 6th of July, 1234, he was assigned to tak^ 
 his place in the Exchequer 'tanguam baro.''^^ 
 
 Among the justices in 1234, were Norman de Aresey"^ (or 
 D'Arcy), Ranulph Fitz-Henry,^^ Thomas Fitz-John,^" Simon de 
 Furnellis,'^' Robert Grimbald,'^' Jollan de NeviUe,^^" William de St. 
 Edmund,^** Robert de Salceto"' (or de la Saucey) and Oliver de 
 Vaux;^^ and perhaps William de Culeworth.'" But more prominent 
 than any of these was one mentioned in § 8, p. 289 — Robert de Lex- 
 inton. In 1228, he was at the head of four justices, before whom a 
 fine was levied at Westminster; in July, 1234, justices appointed 
 '«^ bancum' were ordered to be admitted by Robert de Lexinton 
 
 '''In connection with this office he 
 attested writs as late as Octo., 1245. 
 He died Nov. 14, 1246, and was buried 
 at St. Cedda's altar in St. Paul's, where 
 he founded a chantry. He is described 
 by Madox as a ' most excellent man, 
 whose memory is yet held in high es- 
 teem among antiquaries.' Foss's Biogr. 
 jBrid. 
 
 I'' Descended from one whose chief 
 seat was at Nocton, in Lincolnshire, 
 where he had thirty-three lordships, 
 the gift of the Conqueror. He was a 
 justipe itinerant, in 1234, for Lincoln- 
 shire; and, in 1245, f°' Nottingham 
 and Derby. He died shortly before 
 Octo. 16, 1254. Foss's Biogr, Jurid. 
 
 '^His family is traced to Bardolph, 
 lord of RavenswcX'th, in the time of 
 William, the Conqueror. Ranulph mar- 
 ried Alicia, daughter and heir of Adam 
 4e Staveley; was one of the justices 
 itinerant sent, in 1234, into Cumberland, 
 and died before Jan. 13, 1243. Id. 
 
 "'One of those appointed, in 10 Hen. 
 in, to assess the quinzime in WestmoreT 
 land; in 18 Hen. Ill (1234), a justice 
 itinerant in Cumberland. Id, 
 
 168 One of the justices itinerant, in 
 same year, for Essex and Hertford. Id. 
 
 16' Stood third of those, in same year, 
 for Rutland. Id. 
 
 '^"A justice itinerant in 1234, and 
 again in 1240; and from Mich., 1241, to 
 Hil., 1245, one of the superior justices 
 at Westminster. He died in the next 
 year. Id. 
 
 i^'A justicier for 12 years, commen- 
 cing at midsummer, 1233 (17 Hen, III), 
 and ending at midsummer, 1245. Id, 
 
 W2 Engaged, in 7 Hen. Ill, in fixing 
 the tallage, and, in 10 Hen. Ill, in as- 
 sessing the quinzime of his county; in 
 18 Hen. Ill, at the head of the justices 
 itinerant for Rutland. Id. 
 
 '^^ Mentioned in ch. 13.^3, p. 242. In 
 10 Hen. Ill, at the head of those selected 
 to assess the quinzime for Norfolk and 
 Suffolk; in 1234, a justice itinerant in 
 two commissions. He lived beyond 
 1245. His wife, Petronilla, was widow 
 of Henry de Mara, and also of William 
 de Longchamp. Id. 
 
 164 He was from Easter, 1236 (20 Hen. 
 Ill), to Hil., 1242, ■'- justicier at West- 
 minster. Id. 
 
318 
 
 In Reign of Henry III 
 
 [tit. IV 
 
 and William of York, he being at that time the oldest judge on the 
 bench, and perhaps the chief of the court/'' 
 
 The admission, on the 6th of July, 1234 (18 Hen. Ill), of justices 
 on the bench, embraced Robert de Rokele}'^ Robert de Beauchamp^'' 
 R:eginald de Mohun^^^ and Robert de Ros}'' 
 
 165 He added military to judicial 
 -duties; and he received proofs of royal 
 confidence and favour. In 8 Hen. Ill, 
 lie was custos of the honor of Pec and 
 governor of its castle, and that of Bol- 
 sover, in Derbyshire. A letter from him 
 to Hubert de Burgh details the progress 
 of William, earl of Albemarle, through 
 Nottingham; and states his own inten- 
 tion to proceed into Northumberland. 
 (4 Rep. Pub. Rec, App. ii, 157.) He 
 afterwards had charge also of Oxford 
 castle. Foss's Biogr. Jurid. 
 
 i««He died about 1248. /a'. 
 
 i*'Son of a baron of same name, of 
 Hache, in Somersetshire, on whose 
 death, about 7 John, he was left a minor, 
 •under guardianship of Hubert de Burgh. 
 In 17 John, he was sheriff of Oxford- 
 shire, and constable of Oxford castle. 
 The manor and park of Woodstock were 
 .also committed to his charge; and in 
 reward for adherence to the king he 
 received grants of land. In 26 Hen. 
 Ill, he paid 80 marks to be exempted 
 from attending the king into Gascony. 
 He died in 36 Hen. Ill, his son and 
 heir being admitted Feb. i, 1252. 
 Recently the judge has been represented 
 in the House of Lords by the Dukes of 
 Norfolk and Somerset, and the Marquis 
 of Hertford. Id. 
 
 168 A descendant of William de Mo- 
 hon, who, for his assistance in the inva- 
 sion of England, received from Wil- 
 liam, the Norman, a large number of 
 lordships. Reginald was son of another 
 Reginald, and of Alicia, daughter of 
 William Briwer. When his father died 
 
 he was a minor. Daring his minority 
 he was the ward of Henry Fitz-Count 
 until his death, in 6 Hen. Ill, and after- 
 wards of his grandfather, William 
 Briwer. He was, in 1242, and for 
 many years afterwards, chief justice of 
 the forests south of the Trent ; and, in 
 1253, governor of Sauvage castle, in 
 Leicestershire. He founded the abbey 
 of Newenham, near Axminster, and 
 died in 126 1 or 1262. His first wife 
 was a sister of Humphrey de Bohun, 
 earl of Hereford and Essex ; his sei^ond 
 was Isabella, daughter of William de 
 Ferrers, earl of Derby. Id. 
 
 '69 Second son of Robert de Ros, lord 
 of Hamlake, in Yorkshire, and of Isa- 
 bel, daughter of William, the Lion, king 
 of Scotland. At his father's death, in 1 1 
 Hen. Ill, there came to him the barony 
 of Werke, in Northumberland, with the 
 castle founded there, and a barony in 
 Scotland. In August, 1 234 (the year in 
 which he was associated with justices of 
 the bench), he was appointed a. justice 
 on three iters. Three years afterwards 
 he was constituted chief justice of the 
 forests, and so continued, at least till 28 
 Hen. III. He then retired to Scotland, 
 where, with John ae Baliol, he had 
 guidance of that kingdom. Being 
 charged with severely and improperly 
 treating Queen Margaret, wife of Alex- 
 ander, king of Scotland and sister of 
 Henry III, the latter sent his forces 
 there to restore her to her rights, and 
 imposed a fine upon him of one hun- 
 dred thousand marks. Its payment 
 was eventually remitted. Id. 
 
CH. XV.] i2i6 TO 1272. 319 
 
 30. Marriage of the king's sister, in 1233; marriage of the king 
 himself in 1236; statute passed soon afterwards, called the 
 statute of Merton, when all the earls and barons answered quod 
 noiu7it leges Anglice mutare. What (according to fohn Selderi) 
 was signified thereby as to the imperial law. Lord Cokeys com- 
 mendation of the judges at the time of the statute of Merton and 
 before and some time after. 
 
 The "writ for the collection of scutage," dated July 17, 1235,"° 
 seems to have been caused by the marriage of the king's sister.'" 
 The king himself married in the next year — January 14, 1236."'' 
 
 On the 23d of that month there was a great council. Lord Coke 
 ■says, in a court of the king, holden before the "archbishop of Can- 
 terbury, and other his bishops and suffragans, and before the greater 
 part of the earls and barons of England," there assembled for the 
 ■coronation of the king,"' and Eleanor, the queen, certain matters 
 were "treated for the commonwealth of the realm," and were pro- 
 vided and granted in a statute called the statute of Merton,"* in 
 eleven chapters, the ninth of which is as follows: 
 
 9. To the king's writ of bastardy, whether one being born before 
 matrimony may inherit in like manner as he that is born after matri- 
 
 ™ Select Charters, pp. 355, 356. edi., 1857. On the i6th of Jan., 1239, 
 "1 Mr. Stubbs mentions that "the chief was bom the prince who became Ed- 
 business of the year 1235, was the mar- ward I. Id. 
 , riage of the king's sister, Isabella, with "^ He was " crowned at Gloucester on 
 the emperor, Frederick, which was dis- the i8th of October, in the beginning of 
 cussed in the national council and made the first year of his reign, then being 
 the occasion of a grant of two marks on about nine years old; and here it appear- 
 the fee." 2 Const. Hist., ch. 14, p. 52, eth that in the 20th year of his reign he 
 and note l . was crowned again, then being about 
 "' After a long series of negotiations 29 years old : twice crowned as King 
 for alliance with ladies of France and Henry the Second, as King John before 
 Germany, Eleanor, the second daughter him had been, and as King R. II after 
 of Raymond Berenger IV, of Provence, him was." 2 Inst. 79. 
 and sister of the queen of France, ^430 called "because the parliament 
 •accepted his offer. She was brought to was holden at the monastery of the can- 
 England by her uncle William, bishop ons regular of Merton, seven miles dis- 
 elect of Valence. Id., p. $2. The tant from the city of London, which 
 marriage was at Canterbury. Six days monastery was founded by Gislebert, a 
 afterwards the queen was crowned at a. noble Norman that came in with the 
 Westminster. Miss Strickland's Queens Conqueror." 2 Inst. 79. 
 of England, vol. 2, pp. 49, 50, of Phila. 
 
330 In RerGN of Henry III [tit: it 
 
 tnony, all the bishops answered that they would not nor could not 
 answer to it; because it was direcdy against the common order of 
 the church."' And all the bishops instanted the lords, that they 
 would consent that all such as were born afore matrimony should be 
 l^itimate, as well as they that be born within matrimony, as to 
 the succession of inheritance, for so much as the church accepteth. 
 such for legitimate. And all the earls and barons, with one voice, 
 answered, that they would not change the laws of the realm which 
 hitherto have been used and approved."* 
 
 ''Nolle se leges Anglics muiare, quiz hucusque usitatcB usitatcB sunt 
 ac approbatce! John Selden said : " hereby, as it were, intending to 
 signify that the imperial laws were, with regard to the public manage- 
 ment of inheritances and successions, by no means to be admitted." 
 
 ^ 
 
 " Lest, with regard to the succession to goods of deceased persons, 
 so considerable a change of the laws in England as the bishops aimed 
 at, who then earnestly recommended to us the laws of the church, 
 though visibly taken out of the body of the imperial law, should 
 take place ; and lest other such changes should be, by an example of 
 this nature, as is usual, with the greater facility introduced; which 
 might also, perhaps, have given room to think that the English 
 nation acknowledged the imperial law to be of some authority among 
 them ; what was thus endeavoured to be obtruded was rejected, as if 
 the parliament had said, 'We will not that either this, or any other, 
 head Legum CcBsarearum — of the Imperial laws — be admitted among 
 us, or nolumus mutare leges Angliconas legibus Ceesareis — we will not 
 change the English, for the Imperial laws — or which amounts to the 
 same, for the ponlificial canons taken from thence. For it is evident,, 
 that, by what they said, they did not simply mean, that they would 
 never alter the laws of England, or any part of them, they having 
 made in this very parliament innovations in their laws, and conse- 
 quently variously altered them.""' 
 
 Speaking of the time when the statute of Merton was passed,. 
 Lord Coke notes that — 
 
 " Before, and some time after, many of the judges and justices of 
 the realm were of the clergy, as bishops, deans and priests, and all 
 the great officers of the realm, as lord treasurer, privy seal, president, 
 
 i75<(ji, tjie time of Pope Alexander were bom after matrimony." 2 Inst., 
 
 the Third (who lived A. D. 1160, which 96, 97. 
 
 was anno 6 H. II) this constitution was "* i Stat, of the Realm, 4; 3 Lingard's 
 
 made that children born before solemni- Engl., ch. 2, pp. 172, 173, 
 
 zation of matrimony, where matrimony "' John Selden's dissertation ' ad Fle~ 
 
 followed, should be as legitimate to in- tam^ in 1647, ch. 9, \ 2, p. 234 to 236^ 
 
 herit unto their ancestors as those that of Kelham's translation. 
 
CH. XV.] i2i6 TO 1272. 321 
 
 &c., were, for the most part, of the clergy, yet even in those times, 
 the judges of the realm, both of the clergy and laity, did constantly 
 maintain the laws of England, so as no encroachment was niade on 
 them, or breach unto them, by any foreign power."™ 
 
 In another place he repeats (substantially) this observation; and 
 names, among others, as such judges, who were men of the church, 
 " Britton, Martin de Pateshull, WiUiam de Raleighe, Robert de Lex- 
 inton, Henricus de Stanton." "' 
 
 In the same statute of Merton is the following, as chapter 10: 
 
 10. " It is provided and granted that every freeman which oweth 
 suit to the country, trything,'*" hundred and wapentake,'*' or to the 
 court of his lord, may freely make his attorney'*^ to do his suits for 
 him."'^ 
 
 Provisions of Merton are retained in England in the Statutes Re- 
 vised.'** 
 
 21. Of the queen's countrymen now in England ; among whom, 
 was her uncle William, bishop of Valence, And her brother, 
 Boniface of Savoy, who became archbishop of Canterbury. 
 Alarm, in 12^6 that the foreigners were too powerful. The 
 king's conduct. What wa.s done or pronounced by him; and 
 how m,oney was raised for him. In T240 old St. Paul's was 
 finished. 
 
 A number of the queen's countrymen came to England. Her 
 
 "*2 Inst., 98. tacius, or touching; and thereof this 
 V'^ Id., 265. assembly was called wapentake, or touch- 
 i™A court which consisteth of three ing of weapon." 2 Inst., 99. 
 or four hundreds, and doth not here sig- '^'' " Befoi"e this act every one that 
 nify a leet, or view of frank pledge. 2 held by suit service ought to appear in 
 Inst., 99. person, because the suitors were judges 
 '8' "The reason of the name was this: in these courts, otherwise he should be- 
 when any on a certain day and place amerced, which was mischievous, for it 
 took upon him the government of the might be that he had lands within divers 
 hundred, the free suitors met him with of those signories and that the courts 
 launces, and he, dismounting from his might be kept on one day and he could 
 horse, all rose up to him, and he hold- be but in one place at one time." 2 
 ing his launce upright, all the rest, in Inst., 99. 
 
 sign of obedience, with their launces ^^ "Albeit, he that holdeth by suit 
 
 touched his launce, or weapon : for the service may make an attorney, yet that 
 
 Saxon word wapen is weapon, and tac is attorney cannot sit as a judge, as the 
 21 
 
822 In Reign of Henry III [tit. iv 
 
 uncle, William, bishop of Valence, almost immediately acquired the 
 greatest influence over the king ; and her brother, Boniface of Savoy, 
 became archbishop of Canterbury .^^^ 
 
 On the 2gth of April (1236) the alarm was raised that the foreign- 
 ers were too powerful ; the king had chosen a body of twelve sworn 
 counsellors, William of Valence, at the head, without whose advice 
 he had bound himself to do nothing ; and here was an attempt to 
 substitute the French court of twelve peers for the common council 
 of the kingdom. The storm in the assembly of the barons rose so 
 high that Henry had to take refuge in the Tower. Thoroughly 
 cowed, he made promises of good government, and removed some 
 of the sheriffs, in consequence of complaints of misbehaviour; but 
 he persevered in his new scheme of administration, attempted to 
 compel the bishop of Chichester to surrender the great seal,^*' 
 recalled to court Stephen Segrave^^'' and Robert Passelew^ the 
 most unpopular of his late ministers, and allowed Peter des Roches, 
 against whom he had but lately written the bitterest accusations to 
 the emperor, to return to his see.™ 
 
 Henry was now in sore want of money. On the 13th of January, 
 1237, William of Raleigh, one of his confidential clerks,"" laid before 
 an extraordinary assembly of barons and prelates, the necessity to 
 which the king, as he said, was reduced by the dishonesty or inca- 
 pacity of his late advisers. He proposed that the council of the 
 nation should determine the mode of collecting an aid, and that the 
 money when collected should be placed in the hands of a commission 
 elected by the assembly, to be laid out according to the needs of the 
 realm. The barons, either mistrusting or not understanding the vast 
 importance of this concession, declared in reply that there was no 
 
 free suitor himself might do, for he can- ^'Although the king recalled him to 
 
 not depute another in his judicial place." court after three years' absence, made 
 
 2 Inst., 99. "A woman may be a. free him justice of Chester in 21 Hen. Ill, 
 
 suitor to the courts of the lord, but and for a time listened to his counsels, 
 
 though it be generally said that the free yet he was never restored to his former 
 
 suitors be judges in these courts, it is elevation. In the abbey of Leicester, 
 
 intended of men, and not of women.'' wherein he had become a canon regular, 
 
 Id., 119. See also Stat of Westm., i c. he died, before Oct. 13, 1241. Id. 
 
 33. 2 Inst., 225. 188 Dep^ty Treasurer to Hen. HI. Id. 
 
 '8*Edi. 1870, vol. I, p. I to 4. 1892 Stubbs's Const. Hist., ch. 14, pp. 
 
 185 2 Inst., 79; 3 Collyer's Engl., pp. 52,53. Bishop Peter died in his palace 
 115, 116, of London edi., 1775; 2 at Farnham, June 9, 1238, and was 
 Stubbs's Const. Hist., ch. 14, p. 52. buried at Winchester. Foss's Biogr. 
 
 186 Mr. Foss states that Ralph de Jurid. 
 
 Neville " refused to resign, alleging that i'" Mr. Foss says " he was employed to 
 
 he had been entrusted with the office open the parliament, and by his elo- 
 
 by the parliament and could not quit it quence to induce the barons to grant a 
 
 ■without their authority." Biogr. Jurid. subsidy to the king." Id. 
 
•CH. xv.J ■ i2i6 TO 1272. 823 
 
 reason for such constant demands ; the king was engaged in no great 
 •enterprise; if he was poor, it was because he wasted his money on 
 foreigners. Henry professed himself ready to make amends, to dis- 
 miss his present counsellors and accept as advisors three nobles 
 named by the barons, and to authorize the excommunication of all 
 who impugned the charters. In the end, a grant of a thirtieth of 
 mpveables was made by the archbishops, bishops, abbots, priors, 
 ■earls, barons, knights and freeholders, for themselves and their vil- 
 leins, with a provision, however, that nothing, should be taken of the 
 poor who possessed less than forty penny-worth of goods. The 
 ■careful scheme adopted for the collection, by officers elected locally, 
 affords a valuable illustration of the growth of constitutional life." '*' 
 
 "After" 961 St. Paul's"* "wag again destroyed by fire, in the 
 year 1087; when the Norman bishop, Mamki, who had been just 
 appointed to the see, resolved to undertake its restoration, on a much 
 iarger and more splendid scale, at his own expense. Both he and 
 Jiis successor, De Belmeis, each of whom presided twenty years over 
 the diocese, are said to have devoted all their revenues to this great 
 work; but it was not finished till the time of Bishop Niger, the fourth 
 after De Belmeis, in the year 1240.""'' 
 
 ^2. In 1238 Michael Belet, a baron of ihe Exchequer ; Ralph de 
 Neville still the chancellor. As to custody of the Great Seal and 
 profits of the chancellorship until his death. Articles in 2^ Hen. 
 Ill {i2jg), against Hubert de Burgh; answers thereto; and 
 result of the case. 
 
 Michael Belet"* has, on the authority of a writ attested by him in 
 
 ^'^ 2 Stubbs's Const. Hist., ch. 14, pp. portant council in November, and shewed 
 
 .S3i 54- "Carta Confirmationis Regis a wise moderation, but the archbishop, 
 
 Henrici III, xxviii die yanuarii, A. not trusting appearances, went to Rome 
 
 H. XXI" is in i Stat, of the Realm, immediately afterwards to procure his 
 
 edi. 1810, p. 28; and in Mr. Stubbs's recall." 2 Stubbs's Const. Hist., ch. 14, 
 
 volume of Select Charters, pp. 356, 357. p. 54. 
 
 The writ of July 2, 21 Hen. Ill, 'for ^'^Of which there is mention in ch. 
 
 the collection of the thirtieth,' is in same iv, § 5, p. 85. 
 
 volume, p. 357 to 359. "The sum "^In 1135, indeed, the uncompleted 
 
 raised was 23,891 marks, two shillings building had again caught fire and been 
 
 and a penny. But the hope of peace nearly burned to the ground. When the 
 
 and reform was premature. William fabric, which might thus be called 
 
 of Valence indeed left England, but no ancient, even while it was yet new, at 
 
 sooner had the king secured a revenue last stood ready for consecration, it ex- 
 
 'for the year than by his secret invitation hibited a mass 690 feet in length by 130 
 
 the legate Otho, who had been repelled in breadth, surmounted by a spire 520 
 
 by the nation in 1226, arrived, on the feet in height. Some additions which 
 
 plea of carrying out necessary reforms were made to it after this, were not com- 
 
 in church and state. He held an im- pleted till 13 15, in the reign of Edward 
 
324 
 
 In Reign of Henry III 
 
 [tit. IV 
 
 22 Hen. Ill (1238), been included among the barons of the court of 
 exchequer.''^ 
 
 There were evidences of the king's favour to Ralph de Neville in 
 13, 16 and 17 Hen. III;"^ disfavour came after the death of Peter de 
 Rupibus (or des Roches), in 1238."' The king desiring that Peter 
 should be succeeded in the bishopric of Winchester by William de- 
 Valence, was greatly; dissatisfied when the chapter of Winchester 
 selected for that bishopric, first, William de Raleigh (mentioned in § 12, 
 pp. 303, 304), and, secondly, Ralph de Neville; the king took away 
 the great seal from him, and committed it to the custody of Geoffrey, 
 the Templar, and John de Lexinton^^^ reserving, however, to Ralph 
 de Neville the profits of the office. Afterwards it was in the hands- 
 of the king's favorite, Simon Normannus (or de Cantilupe) arch- 
 
 il, the ninth king after him, in whose 
 reign the first stone of the pile had been 
 laid. This was the building we now 
 call old St. Paul's, the immediate prede- 
 cessor of the present cathedral." Penny 
 Magazine for 1832, May 12, p. 57. 
 
 194" He executed the office of chief 
 butler at the marriage of King Henry, in 
 the 26th year of his reign, and founded 
 the priory of Wrbxton for canons of the 
 order of St. Augustin." Foss's Biogr. 
 Jurid. 
 
 ^^ Id.; citing Madox ii, 317. 
 
 '9* Legal Judical, in Ch., pp. 198, 199, 
 of edi. 1727. The charter granting to 
 him the chancery for his life, was re- 
 newed in 13, 16 and 17 Hen. III. 
 There was also a charter of June 14, 
 16 Hen. Ill, granting to him the cus- 
 tody of the Great Seal during his life, 
 and enabling him to appoint a deputy. 
 Moreover, he was granted the chancel- 
 lorship of Ireland for life, G. de Tur- 
 ville being appointed to act as his 
 deputy there. Foss's Biogr. Jurid. 
 
 19' Peter died in his palace at Farn- 
 ham June 9, 1238, and was buried at 
 Winchester. Id. As to the king's dis- 
 favour of Ralph, the period where it 
 began, seems to be stated with more 
 
 precision in Foss's Biogr. Jurid. than in 
 Green's Hist, of Engl. Peop., book 3^ 
 ch. 3, p. 271 of vol I. 
 
 198 He Yras evidently an officer con- 
 nected with the court, and probably one 
 of the clerks of the chancery, the Great 
 Seal having been several times placed in 
 his hands apparently in that character — 
 viz: in 123S, in 1242, in 1249 and in 
 1253. Within these years he went to 
 Rome on the king's business, and per- 
 formed other duties in connection with 
 the court. In 1241 he had the custody 
 of Geofferi, Prince of Wales, in the 
 Tower of London; and, in 1247, ^^ 's- 
 spoken of as the king's seneschal. 
 Entries show that he was on the judicial 
 bench in June, 1248, and afterwards till 
 Dec, 1256. He was one of those ap- 
 pointed, in 1251, to hear pleas in the 
 city of London, and is mentioned as 
 sent, in 1254, by the king and council to 
 pronounce a judgment 'ad bancum 
 domini regis.'' In 37 Hen. Ill, he was 
 made chief justice of the forests north 
 of the Trent, and governor of the castles 
 of Bamburgh, Scarborough and Picker- 
 ing. He died in Feb., 1257. Foss's 
 Biogr, Jurid. 
 
-CH. XV.] 
 
 i2i6 to 1272. 
 
 325 
 
 deacon of Norwich, until, in the next year (1239), he was dismissed 
 from office and expelled the court."' Whereupon it was in custody 
 •of Richard Crassus^ till his election as bishop,™' in 1242, when he 
 -resigned it. Speaking of Silvester de Everdon^ as engaged in the 
 king's service (in the same way as the clerks, of the Exchequer or 
 Treasury were) and called 'clericus noster,' Mr. Foss says : " It was 
 no doubt in this character that- he had the custody of the great seal, 
 when the king, on May 5, 1242, confided to the archbishop of York 
 the government of the kingdom during his absence in Gascony." 
 OS^ Ralph de Neville, Mr. Foss says, that from this year (1242) "till 
 his death, there are several documents to which his name is attached 
 with the tide of chancellor." "® 
 
 In 22 Hen. Ill, the king again became offended with Hubert de 
 Burgh; the royal indignation, may have been for a time appeased, 
 but in 23 Hen. Ill (1239), was manifested in articles; which Hubert 
 answered.^"* 
 
 It is stated " that Hubert sufficiently proved his innocence to all 
 
 1S9 He was ako removed from all his 
 preferments, except the archdeaconry; 
 the com of his church of Rossington 
 being seized, he was allowed to redeem 
 it on finding security for 50 marks. The 
 cause of his dismission is said to have 
 been his refusal to seal a patent, grant- 
 ing to Thomas, earl .of Flanders, a tax 
 of four pence upon every sack of wool 
 transported from England into his do- 
 minions. He died in 1249. Foss's 
 Biogr. Jurid. 
 
 ""Prior of Henley in Buckingham- 
 shire, before he became abbot of Eve- 
 sham. Id. 
 
 ™iOf Lichfield and Coventry (or 
 Chester, as it was then sometimes called,) 
 in 1242. Before consecration he died 
 at Riola, in Gascony, Dec. 8, 1242. Id. 
 
 ™^As one of the king's chaplains, he 
 appears as a witness to charters granted 
 in 7 and 9 John. In 8 Hen. Ill (1224), 
 he is demandant of a virgate of lands 
 
 claimed by him as belonging to his 
 church of Everdon, in Northamptonshire. 
 Id. 
 
 203 <i The highest character is given 
 him by contemporary historians, not only 
 for his fidelity to his sovereign in times 
 of severe trial, but for the able and irre- 
 proachable administration of his office. 
 He was as accessible to the poor, as to 
 the rich, and dealt equal justice to all. 
 To .his church he was a signal bene- 
 factor, defending its rights on many 
 occasions, obtaining various grants for 
 its benefit, dividing large sums to the 
 repairs of the cathedral, increasing the 
 endowments of the dean and chapter, 
 and bequeathing to his successors the 
 estate he had purchased, and the palace 
 he had erected in London." Id. 
 
 2Mi State Tr., 13; citing Matth. 
 Paris's Hist., 516, and Additamenta, 151; 
 I Brady, appendix No. 152. 
 
326 In Reign of Henry III [tit. iv 
 
 who heard him, in spite of all the exertions on the part of the king- 
 to establish his guilt ; but yet that, to appease the king's anger and 
 rancour against the earl, it was adjudged that the earl should resign, 
 to the king four of his castles, of which he wais particularly fond, 
 namely : Blanch, Grosmond, in Wales, Skeriefrith and Hatfield." ^"^ 
 
 23. Of William de Haverhull, treasurer in {and perhaps before and 
 after') 1242 ; and of others appointed barons of the exchequer 
 and justices itinerant in 1240 and the five succeeding years. 
 
 In speaking of Hugh de Pateshull, the treasurer, mentioned in 
 § 18, p. 315, Mr.'Foss says there is "no notice of any successor being 
 appointed till 24th July, 1240.'' The successor then appointed may 
 have been William de Haverhull. 
 
 Among the barons of the exchequer in 27 Hen. Ill (1242), Rich- 
 ard de Barking'^'^ stands immediately after William de Haverhull,. 
 the treasurer. According to Madox (ii, 318), Ralph de Ely was a 
 baron of the exchequer in 24 and 27 Hen. Ill ; Peter Grimbald, in 
 25 Hen. Ill; and fohn le Fraunceys (or Francigena),'*' from 27 to 
 42 Hen. Ill (i243-57).^»« 
 
 In 1240, when the king sent justices itinerant through all the 
 counties, under pretence of redressing grievances, but with the real 
 object of extorting money from the people, Robert de Lexinton 
 (mentioned in § 19, p. 317) was placed at the head of those assigned 
 
 ^"^ I State Tr., 22; citing M. Paris. mentions that "about 1245, he was, at 
 
 His eventful life closed May 12,1343 the royal intercession, excused from his 
 
 (27 Hen. Ill), at Banstead in Surrey. attendance on a general council (called 
 
 He was buried within the church of the by the pope) because he and the bishop 
 
 Preachers, or Black Friars, in Holborn, of Carlisle were the king's deputies 
 
 to which he had been a large benefactor. or regents of England when he went 
 
 Among his pious donations was a grant abroad." He died Nov. 23, 1246. His 
 
 to that fraternity of his palace at West- character was that of a prudent, learned 
 
 minster ; afterwards purchased by the and religious man. Foss's Biogr. Jurid. 
 archbishop of York, and since know^n ^^ An escheator in the north of Eng- 
 
 by the name of Whitehall. Foss's land. Id. 
 Biogr. Jurid. 208 jje may, for some .short time, have 
 
 2W Raised from the office of prior to been one of the regular justices, as as- 
 
 that of abbot of Westminster in Sept., sizes were ordered to be taken before 
 
 1223. In 27 Hen. Ill (1242), he alone him in Cumberland and Norfolk, in July, 
 
 tested the mandates issued to the sheriffs 1254, and July, 1255. He died in 52: 
 
 to get in the scutage money for the Hen. III. Id. 
 king's voyage into Gascony. Mr. Foss 
 
CH. XV.] 
 
 I2l6 TO 1272. 
 
 327 
 
 for the northern counties.™ In that year Ralph de Sudley™ is the 
 second named of the justices before whom a fine was acknowledged 
 at York. Two others were Warner Egaine '" and Robert de Haya^'^ 
 
 In the same year Henry de Bathonia^^ stood second on, and Gil- 
 bert de Preston ^'^* at the bottom of, the list of those sent through the 
 southern counties.^'^ Roger de Thurkilby was also one of the four 
 appointed in that year for the southern district.^'' 
 
 In 27 Hen. Ill {\2\-^, Robert de Esseby (sometimes called Esse- 
 burne) appears in the acknowledgment of a fine."' 
 
 John de Cobbeham'^^^ was raised to the bench about 28 Hen. III."' 
 Robert de Nottingham had fines acknowledged before him in 1245.'''* 
 
 Henry de Br acton is said to have been a justice itinerant in 1245 
 and 1246 (29 Hen. III)."' 
 
 2^. Peers early summoned to parliament. Important proceedings in 
 parliament in Jan. 1242. Further advance by the barons in 
 1244. How the discussion ended. 
 
 Although the earliest summons of peers to parliament was, at one 
 
 '"^ He is at the head of his associates 
 in subsequent entries of his acting as 
 judge, but they do not extend beyond 
 HiL, 27 Hen. III. Probably he then 
 retired, having been on the bench nearly 
 24 years. He died in June, i25o,.leav- 
 ing as his heir his brother John. Foss's 
 Biogr. Jurid. 
 
 »»Of a noble English family, older 
 than the conquest, whose chief seat was 
 at Sudley, in Gloucestershire. Id. 
 
 •^Id. 
 
 ^■Id. 
 
 ™ His name first appears in 1238 (22 
 Hen. Ill) in the acknowledgment of a 
 fine. From 1240 the fine roll teems 
 with payments for writs of assize to be 
 taken before him. Id. 
 
 ^^Id. 
 
 ^*It is thought that Gilbert de Preston 
 was raised to the bench before Feb. 2, 
 26 Hen. Ill, as fines were levied before 
 him from that time; and in Easter, of 
 the same year, his name appears on the 
 
 pleas of the bench. Till the end of this 
 long reign, no year occurs in which pay- 
 ments are not made for writs of assize to 
 be taken before him. Id. 
 
 ^is Less than two years afterwards fines 
 were levied before him, and so con- 
 tinued to be till just before his death — 
 viz: from Mich., 1241,, to Mich., 1259. 
 Id. 
 
 »" Id. 
 
 218 Eldest son of Henry de Cobbeham 
 (mentioned in ^ 6, p. 285). This son 
 was, in 20 Hen. Ill, constable of Ro- 
 chester castle ; and from 26 to 32 Hen. 
 Ill, held the office of sheriff of Kent 
 with Bertram de Criol. Id. 
 
 21' Fines being levied before him from 
 Easter in that year, 1244, till Michael- 
 mas, 1250, during which time also writs 
 of assize were frequently directed to 
 him. Id. 
 
 •>^Id. 
 
 '"''■Id.; citing Dugdale. See also I 
 Spence's Eq., 119, note («.) 
 
328 In Reign of Henry III [tit. iv 
 
 time, thought to be that of 49 Hen. Ill, yet they were in parliament 
 before that year.'^'' In expectation of a war in France, to which he 
 was summoned by his stepfather (Hugh of La Marche), Henry called 
 his bishops and barons to London on the 28th of January, 1242. 
 Thq proceedings are of singular importance, both in form and sub- 
 
 " Earl Richard,™ archbishop Walter Gray,^^ and the provost of 
 Beverley came before the assembled body, which contained all the 
 prelates, in person or by proxy, all the earls and nearly all the 
 barons, and delivered the king's rtiessage requesting aid for the 
 recovery of his foreign possessions.'"''"' "They replied that before 
 the king went to war, he would do well to await the termination 
 of the truce by which he was bound to France, and try to pre- 
 vail on Lewis to do the same. If the king of France refused, 
 then the question of aid might be entertained. They had, they 
 said, been very liberal in former years : very early- in the reign 
 they had given a thirteenth, in 1225 a fifteenth, in 1232 a fortieth, a 
 very great aid for the marriage of Isabella in 1235, and a thirtieth in 
 1237; besides carucages, scutages.and tallages. The grant of 1237 
 had been made under special conditions as to custody and expendi- 
 ture; no account of it had been rendered; it was believed to be still 
 in the king's hands. Besides these extraordinary sources of revenue, 
 the king had enormous resources, in the escheats, the profits of 
 vacant churches and ihe like ; and for five years the itinerant justices 
 had been inflicting fines which impoverished the innocent as well as 
 the guilty. If, however, the king would wait for the expiration of 
 the truce, they promised to do their best. Henry, professing himself 
 satisfied with the reply, asked next, what^ if he should wait, their grant 
 would be : they answered that it would be time to consider when the 
 case arose; as for the promises of reform with which he tried to stim- 
 
 "2 Turner's Hist, of Anglo-Saxons, 225 Mentioned in ch. 13, H 5, 6, 
 
 book 8, ch. 4, pp. 166, 167 (with note pp. 249, 250, and in this chapter in 
 
 9), of edi. 1852. Sir Robert Cotton, \ 3, pp. 279, 280. His character for 
 
 after the passage as to John, quoted in wisdom, prudence and integrity was 
 
 ch. 13, \ 5, p. 246, says: "From this so high, that in 26 Hen. Ill, 1242, 
 
 there is a break, until 18 Hen. Ill, though at a very advanced age, he was 
 
 where the next summons extant is in a left by Queen Eleanor, then regent, in 
 
 plea roll of that year, but the ordinances the government of the kingdom when 
 
 are lost." Harl. Miscel., vol. 8, p. 218, she went to join her husband in France, 
 
 of Lond. edi. 1810. Foss's Biogr. Jurid. 
 
 22' They were formally recorded, and 226 xhe assembly seems to have la- 
 are the subject of the first authorized boured under none of the reticent cau- 
 account of a parliamentary debate. 2 tious modesty that prompted the par- 
 Stubbs's Const. Hist., ch. 14, p. 58. liaments of Edward III. 2 Stubbs, 59. 
 
 224 
 
 The king's brother. 
 
•CH. XV.] 
 
 I5l6 TO 1272. 
 
 S29 
 
 ulate their liberality, they said they were not disposed to try the 
 ■question with the king, — they knew too well how he had kept the 
 ■engagements made in lasy.'"' 
 
 "The political history of 1244 shows a steady advance made by 
 the barons from their position in 1238 and 1242" — Henry "had to 
 ■act as his own spokesman in order to avoid a flat contradiction. He 
 had, he said, gone to Gascony by the advice of his barons, and had 
 there incurred debts from which, without a liberal and general grant, 
 he could not free himself. The magnates replied that they would 
 take counsel ; the prelates, the earls and the barons, all three delib- 
 erated apart. After some discussion the bishops proposed to the lay 
 nobles that they should act conjointly; they knew one another's 
 minds, the prelates would draw up the answer if the barons would 
 assent. The barons answered that they would do nothing without 
 the assent of the whole body of the national council. Thereupon a 
 joint committee was chosen to draw up the reply. This committee 
 consisted of twelve members, four chosen by each of the three 
 bodies, the prelates, earls and barons. The bishops were repre- 
 sented by Boniface, the primate elect; William Raleigh, bishop of 
 Winchester, who had once beeij the king's minister, but had since 
 then been the object of his vindictive persecution ; "^"^ the bishop of 
 Lincoln, Robert Grosseteste ; and the bishop of Worcester, Walter 
 
 2*' 2 Stubbs's Const. Hist., ch. 14, p. 
 59. This appears to be ' an early and 
 very important instance of an aid being 
 absolutely refused.' Select Charters, 
 p. 359 to 361. "Unable to draw out a 
 distinct answer, and hopeless of ob- 
 taing a general grant, Henry then called 
 the prelates and barons singly, and tried 
 to make a separate bargain with each. 
 So, although the council broke up with- 
 out coming to a vote, he contrived by 
 force, fraud or persuasion, to raise a 
 large sum, with which he equipped an 
 expedition. He then declared the truce 
 broken, sailed from Portsmouth at 
 Easter, and after an ignominous cam- 
 paign, in whichi he escaped capture only 
 through the moderation of Lewis and 
 the counsel of Richard, sent home his 
 forces. He remained in Gascony until 
 September, 1243, leaving England under 
 the archbishop of York, who contrived 
 to ameliorate the condition of the realm 
 whilst he could, and to prevent any 
 undue exactions in the king's name." 
 2 Stubbs, 60. This may have been the 
 
 period when Walter Mauclerk (men- 
 tioned in \ 17, p. 312,) and W. de Can- 
 tilupe are said to have been united with 
 
 Walter de Grey in the government, of 
 the kingdom during the royal absence. 
 
 Walter Mauclerk resigned the bishopric 
 of Carlisle June 29, 1246, and took the 
 habit of a preaching friar at Oxford, 
 where he remained till his death, Octo. 
 28, 1248. Walter de Grey, after being 
 archbishop of York about forty years, 
 died at Fulham May I, 1258. His re- 
 mains were removed to his cathedral, 
 wh^re a splendid monument was erected 
 to his memory. Foss's Biogr. Jurid. 
 
 228 2 Stubbs's Const. Hist,, ch. 14, pp. 
 61,, 62. William de Raleigh is men- 
 tioned in \ 22, p. 324. After the choice 
 by the chapter of Winchester was made 
 void, the see remained vacant for three 
 or four years longer. The monks then 
 proceeded to a third election, when per- 
 sisting in the nomination of William de 
 Raleigh, their choice was confirmed by 
 the pope on September 13, 1243. Foss's 
 Biogr. Jurid. 
 
330 
 
 In Reign of Henry III 
 
 [tit. IV 
 
 Cantilupey'^ who, throughout the long contest that followed, never 
 deserted the cause of freedom. The earls of Cornwall, Leicester, 
 Norfolk '''° and Pembroke, represented their brethren; the barons 
 chose Richard of Montfichet^^ one of the few survivors of the 
 twenty-five, and John of Balliol, with the abbots of S. Edmund's 
 and Ramsey. Their reply to the king stated that the charters,, 
 although often confirmed, were naver observed; that the money so 
 freely given had never been spent to the good of the king" or of the 
 realm ; and that, owing to the want of a chancellor,''^^ the great seal 
 was often set to writs that were contrary to justice. They demanded, 
 therefore, the appointment of a justiciar,''^'' a treasurer *'* and a chan- 
 cellor, by whom the state of the kingdom might be strengthened. 
 Henry refused to do anything on compulsion, and adjourned the 
 discussion. It was, however, agreed that if the king would, in the 
 meantime, appoint such counsellors, and take such measures of 
 reform as the magistrates could approve, a grant should be made,, 
 to be expended under the supervision of the joint committee. Henry 
 was very much disinclined to accept these terms, and in order to- 
 
 ^^ This second son of William de Can- 
 tilupe was educated for the church, and 
 in 10 John was presented to the living of 
 Eyton : in the course of the next eight 
 years he had no less than seven benefi- 
 ces, besides a prebend in the church of 
 Lichfield.' In 16 Hen. Ill (1231), he 
 was one of seven justices itinerant 
 named for several counties. In August, 
 1236, he was elected to the bishopric of 
 Worcester; and afterwards accompanied 
 by William Longspee, earl of Salisbury, 
 went to the Holy Land, whence he had 
 now returned. Foss's Biogr. Jurid. 
 
 ''^ Roger Bigot, the fourth earl of 
 Norfolk, was son of Hugh, the third 
 earl, and Matilda, his wife, one of the 
 daughters of William Mareschall, earl 
 of Pembroke, and married Isabella, 
 sister of Alexander, king of Scotland. 
 By the death of the last of the four sons 
 of that earl, their inheritance devolved 
 on their five sisters, of whom Roger's 
 mother was the oldest. To her share 
 the marshalship of England fell, which 
 she transferred to Roger, as her eldest 
 son; the king soon after confirming him 
 in the office. Id. 
 
 ''"See I 12, p. 302. He died in 52 
 Hen. Ill (1268). Id. 
 
 ""^See \ 22, p. 324, as to Ralph de 
 Neville. His death occurred Feb. i, 
 1 244., at the magnificent mansion he had 
 erected for the residence of himself and 
 his successors, bishops of Chichester,, 
 while" in London. It was situate ' in 
 vico novo ante Novum Templum' (Rot., 
 Claus. i, 107), now called Chancery 
 Lane, and becoming afterwards the 
 hospitium or inn of the earls of Lincoln,, 
 was ultimately transferred to the students 
 of the law. The memory of the original 
 founder is preserved in the name of the 
 lane, corrupted from Chancellor's Lane ;, 
 and in that part of the estate which 
 remains to the see, and is called Chi- 
 chester Rents. Id. 
 
 '33AS to Hubert de Burgh, see \ 18, 
 p. 315. As there stated, he died May 
 12, 1243. Id. 
 
 ^'* As to Hugh de PateshuU see \ 18, 
 p. 315. Peter Chaceporc, called in a 
 patent ' cognatce regis, was constituted 
 king's treasurer in 26 Hen. Ill, and 
 was keeper of the king's wardrobe from 
 29 to 37 Hen. III. The wardrobe ap- 
 pears to have been used as one of the 
 royal treasuries, and a certain class of 
 fines was commonly paid into it. Id. 
 
CH. XV.] I2i6 TO 1272. 331 
 
 detach the bishops from the league, produced a papal letter, order- 
 ing them to vote a liberal subsidy. They postponed their answer, 
 however, until the general question was settled ; and when, after the 
 departure of the lay barons, the king renewed his application, both 
 by messengers and in person, Grosseteste closed the discussion by 
 reference to the agreement made with the barons: "We may not 
 be divided from the common council, for it is written, if we be 
 divided, we shall all die forthwith.'"'''^ — "The discussion ended in a 
 compromise ; a scutage of 20 shillings was granted for the marriage 
 of the king's eldest daughter. Other aid the barons unanimously 
 refused to grant." ^ 
 
 25. Of the council of Lyons in 124.5 > cLppointment in that year of 
 treasurers of a new Exchequer. Names of justices in 124.6, 
 124J, 1248 and 124^. 
 
 "The council of Lyons, in which Innocent IV deposed Frederick 
 II, and in which Roger Bigot, and others representing the 'commu- 
 nitas' of the realm of England, made a bold but vain demand for 
 the relaxation of papal tyranny — and even attempted to repudiate 
 the submission of John, — concentrated the gaze of the world in 
 1245-"^' 
 
 Edward de Westminster'^ and the abbot of Westminster were, 
 in 30 Hen. Ill, appointed treasurers of a new Exchequer the king 
 had founded for receipt of moneys for the fabric of the church at 
 Westminster.*" 
 
 ^^2 Stubbs's Const. Hist., ch. 14, p. liberties; two of them are to be the jus- 
 
 61 to 63. Matthew Paris has preserved, ticiar and chancellor, chosen by the 
 
 under the same year, a. scheme of re- whole body of the realm. Two justices 
 
 form, which may have been brought for- of the bench, and two barons of the 
 
 ward at the time, according to which " a exchequer, are also to be appointed, in 
 
 new charter was to be drawn up, em- the first instance, by general election, 
 
 bodying and strengthening the salutary afterwards by the four conservators." 
 
 provisions of the old one, and to be pro- Id., p. 63. 
 claimed under the same sanctions: the ^^Id.j'f. 63. 
 
 execution of it was not to be left to the *" 2 Stubbs's Const. Hist., ch. 14, pp. 
 
 royal officers, but to be 'committed to 63, 64. 
 
 fotir coimsellors chosen by common ^'^This son of Odo, the goldsmith, 
 assent, and sworn to do justice. Of purchased, in 24 Hen. Ill (1240), the 
 these four, two at least were to be in office of fusor or melter of the Ex- 
 constant attendance on the king to chequer. Foss's Biogr. Jurid. 
 hear all complaints, and find speedy '^'Or, as they are called in another 
 remedies, to secure the safe custody record, custodes of the operations there. 
 of the royal treasure, and the proper In 1 248 Edward is mentioned by Madox 
 expenditure of money granted by the as among the barons sitting at the ex- 
 nation, and to be conservators of all chequer; and the seal of the office of 
 
332 
 
 In Reign of Henry III 
 
 [tit. IV 
 
 In the circuits from 1245 to 12^6, Roger de Thurkilby (jaeniioned 
 in § 23, p. 327) was invariably placed at the head of the commis- 
 sion for the counties he visited, except when a bishop or abbot was 
 joined.'*" 
 
 Among the justices in (or from about) 1246, Were Simon de Wau- 
 ton^^ Jeremiah de Caxton'" and Alan de Watsand^ (or Wassand); 
 in 1247, Henry de Bathonia^"' and William de Wiliin;'^ in 1248, 
 John de Lexinton^ Henry de Mara (or de la Mare) "' and Regi- 
 nald de Cobbeham?^^ 
 
 chancellor of the exchequer is placed in 
 his custody. In 37 Hen. Ill, he and 
 Philip Luvel were directed by the king 
 to remove all his gold and silver and 
 jewels from Westminster and the New 
 Temple to the Tower of London, but to 
 leave the regalia at Westminster. So 
 late as 48 Hen. Ill, he is mentioned as 
 a baron of the Exchequer. He died 
 before 51 Hen. III. Id. 
 
 «» Foss's Biogr. Jurid. 
 
 ^"Born at Wauton or Walton Dey- 
 ville, in Warwickshire. He was brought 
 up to the clerical profession, to which, 
 according to the fashion of the times, he 
 united the study of the law. He was 
 justice itinerant in the northern counties 
 in 30 Hen. Ill, (1246) and performed 
 the same duty in 1249 and 1250 in other 
 parts of England. He was, in 1247, 
 raised to the judicial bench, and was on 
 it till some time in 1257. In his circuits 
 of 1253 and 1255 he stood at the head 
 of his commissions, except that in the 
 last an abbot was placed before him (it 
 is said) ' for ornament.' Id. 
 
 '*'He was a justicier in 30 Hen. Ill; 
 and assizes were directed before him in 
 28 and 31 Hen. III. In 32 Hen. Ill 
 he was one of the custodes of the arch- 
 bishopric of Canterbury during its va- 
 cancy. In 37 Hen. Ill, he was hold- 
 ing pleas before the king with Henry de 
 Britton. Foss's Biogr. Jurid. 
 
 ^^On the bench from about 1246 (30 
 Hen. Ill), till his death in Nov. or Dec, 
 
 1257. Id. 
 
 2" His position in 1238 and 1240 is 
 mentioned in \ 23, p. 327. In Nov. 
 1247 he stands in a higher place, an 
 amerciament being mentioned as made 
 before him and his companion justices 
 of the bench. In the circuits of that 
 and the next two years, his name is 
 at the head in every county which he is 
 appointed to visit. Id. 
 
 ''^ He had fines levied before him in 
 Trin., 1247 (31 Hen. Ill), and the next 
 two years. In 1248 and 1250 he acted 
 as a justice itinerant, as his brethren 
 did. fd. 
 
 2*6 In 1248 (32 Hen. Ill) and after- 
 wards, till Dec. 1256, there are numer- 
 ous entries of payments for assizes to be 
 taken before him. In 1 25 1 he was one 
 of those appointed to hear pleas in the 
 city of London; in 1254 he is men- 
 tioned as sent by the king and council 
 to pronounce a judgment 'ad bancum 
 domini regis.' In 37 Hen. Ill, he was 
 chief justice of the forests north of the 
 Trent, and governor of the castles of 
 Bamburgh, Scarborough and Pickering. 
 He died in Feb., 1257. Id. 
 
 2*' He was on the bench before 1248 
 (32 Hen. Ill), and until 1256. The 
 castle and manor of Marlborough were 
 committed to him in 38 Hen. III. He 
 died in 1257. Id. 
 
 2*8 This (the second) son of Henry de 
 Cobbeham, was a justice itinerant in 32 
 Hen. Ill (1248), for Essex and Surrey 
 
CH. xv.J i2i6 TO 1272. 333 
 
 26. Parliaments and events from 1246 to 124^. Demand that the 
 common council of the realm shall appoint a justicier, chancellor 
 and treasurer. 
 
 " The wrongs of the church form, fpr a time, the chief matter of 
 debate in the national gatherings. A parliament held at Westmin- 
 ster, May 6, 1246, drew up a list of grievances which were sent to 
 the pope with special letters from each of the great bodies present, 
 the king, the bishops, the abbots and the earls, with the whole baron- 
 age, clergy and people. Another parliament sat in July to receive 
 the answer." ^^^ 
 
 "The parliamentary history of" several "following years is of the 
 same complexion : the councils meet and arrange fresh lists of griev- 
 ances." — " Now and then the king and his people seem to be drawn 
 more closely together." '*° 
 
 "The .events of these years maybe briefly summed up: in 1247, 
 in a Candlemas session, new protests were made against papal exac- 
 tions, to which the prelates were, at Easter, obliged to yield. The 
 same year Henry tried to restrict, by law, the ecclesiastical jurisdic- 
 tion in temporal matters, such as breaches of faith, title suits and 
 bastardy, and to confine it to matrimonial and testamentary causes. 
 In 1248, the constitutional struggle began again, partly provoked by 
 the arrival of a new brood of foreigners, hklf-brothers of the king. 
 At a very great parhament held on the 9th of February, money was 
 asked and grievances registered as usual : the demand for a justiciar, 
 chancellor and treasurer, appointed by the common council of the 
 realm, was again made, and declared to be based on the precedent 
 of former reigns. Henry replied with general promises; and the 
 barons rejoined with general professions, made contingent on his 
 fulfilment of his promises. After a delay of five months, he returned 
 an arrogant refusal : the servant was not above his master, he would 
 not comply with the presumptuous demand; yet money must be 
 provided. The answer of the barons was equally decided.'''^ 
 
 At Easter, 1249, the annual debate was repeated. Again the 
 appointment of the three great officers was demanded, but in conse- 
 
 and in the next year for Kent, Middle- Henry, in his disappointment, turned 
 
 sex, Hampshire and Wiltshire. He was his anger against his foolish advisors. 
 
 appointed sheriff of Kent in 33 Hen. They proposed that he should sell his 
 
 III, and while holding the sheriffalty jewels to the citizens of London. The 
 
 was appointed governor of. Dover castle king, however, thinking that if the Lon- 
 
 and warden of the Cinque Ports. He doners were rich enough to buy the jew- 
 
 continued to hold the sheriffalty until els they might afford to help him freely, 
 
 his death, Dec. 14, 1257. Id. kept his Christmas at London, taking 
 
 ="^2 Stubbs'sConst. Hist.,ch. I4,p.64. large sums as new year's gifts. I(^., 
 
 "^Id., p. 64. p. 66. 
 
 «>i2 Stubbs's Const. Hist., ch. 14, p. 65. 
 
334 
 
 In Reign of Henry III 
 
 [tit. IV 
 
 quence of the absence of earl Richard, who had taken the side of 
 the barons, nothing was done.'^" 
 
 27. Names of justices appointed in 1250, 1251 and 1252 ; among 
 them are Henry de Bradon, Robert de Brus, Silvester de Ever- 
 don and Gilbert de Preston. 
 
 Henry de ^«if/z^«2a (mentioned § 25, p. 332), had, in 1250, a grant 
 of ;i(^ioo a year for his support 'in officio justiciarii;^ he then sat as 
 the senior of his fellows.^*' 
 
 Henry de Bracton (or Bretton), mentioned in § 23 as a justice 
 itinerant in 1245 and 1246, was in 1250, on the bench at Westmin- 
 ster.''" 
 
 John de Gatesden, who held the office of sheriff of Surrey and 
 Sussex in 20 Hen. Ill, and the three following years, is mentioned in 
 
 252 2 Stubbs's Const. Hist., ch. 14, p. 
 66. The next year, under the pressure 
 of debt and poverty, Henry took the 
 ■cross, begged forgiveness of the Lon- 
 doners, whom he never ceased to molest 
 by interference with their privileges, as 
 well as by extortion of money, and issued 
 a stringent order for the reduction of his 
 household expenses, in order that his 
 debts might be paid, consoling himself 
 with a heavy exaction from the Jews. 
 The king's economical resolutions lasted 
 over the following Christmas ; but his 
 savings were chiefly devoted to enrich- 
 ing his half-brothers, for one of whom, 
 Ethelmar, he had obtained by personal 
 advocacy the election to the see of Win- 
 chester. Id. 
 
 255 From Nov., 1250, till August, 1253, 
 he seems to have been out of the king's 
 favour; without having resigned, he 
 seems to have been out of service during 
 this period. Afterwards- applications to 
 him for writs of assize were frequent for 
 the rest of his life. Foss's Biogr. Jurid. 
 
 25* He was then present as one of the 
 ^justiciarii,' at a final concord made be- 
 fore the king himself. Yearly, from 
 1250, there are on the fine roll entries of 
 
 payments for assizes to be taken before 
 a regular justicier, whose name is spelled 
 sometimes Bretton, but more frequently 
 Bratton ; they continue principally with 
 this name (Bratton) till July, 1267. 
 Thus it is clear that Bretton and Brat- 
 ton are synonimous ; and there is little 
 question that Bracton is the same with 
 both. Prince, in his ' Worthies of Devon,' 
 designates the village in that county in 
 which he supposes Bracton to have been 
 born, as • Bracton, now Bratton Clo- 
 velly,' a name it still retains. CoUinson 
 (Somersetsh. ii, 32) derives the name 
 from Bratton, a hamlet of Minehead, 
 where the family had property. Ac- 
 cording to Prince, he studied at Ox- 
 ford, where he took the degree of doctor 
 of both laws. He was certainly of the 
 clerical profession : he is designated 
 ' dilectus clericus noster' by the king in 
 a grant to him May 25, 1254, of the 
 use of a house in London, belonging to 
 William, late earl of Derby, during the 
 heir's minority. On Jan. 21, 1263, he 
 was collated to the archdeaconry of 
 Barnstable, but he resigned it in the 
 next year. Foss's Biogr. Jurid. 
 
CH. XV.j 
 
 I2l6 TO 1272. 
 
 335 
 
 Dugdale's list of justiciers of the Common Pleas in 34 Hen. Ill; and 
 
 also as a justice itinerant into Lincolnshire.''* 
 Robert de Bnis^ was a justicier in i250.''®' 
 Nicholas de Turri was a justicier in 35 Hen. HI (1251).'°* 
 Gilbert de Segrave'^ was raised to the bench at Westminster in 
 
 the same year (35 Hen. III).^™ 
 
 Robert Water and'^^ was a regular justicier from June, 1251."°^ 
 
 ^5 He is again mentioned as a justicier 
 in 38 Hen. III. He and the bishop of 
 Ely were sent as ambassadors to Spain 
 on the king's affairs in 40 Hen. III. 
 He died in April, 1262 (46 Hen. Ill), 
 leaving large property in Sussex and 
 Somersetshire. Id. 
 
 256 The fifth lord of Annandale, to 
 which he succeeded, in 29 Hen. Ill 
 (1245), on the death of his father, Ro- 
 bert the Noble, who, by his marriage 
 with Isabel, second daughter of Prince 
 David, earl of Huntingdon and Chester, 
 grandson of David I, king of Scotland, 
 became one of the greatest subjects in 
 Europe. Foss's Biogr. Jurid. 
 
 ^'From June till October, 1250, there 
 are entries of payments made for assizes 
 to be taken before him ; his name upon 
 fines shows that he acted as a, justicier 
 at that time. There is then an interval 
 of seven years. Id. 
 
 258 Payments for assizes before him 
 are from March in that year, and con- 
 tinue uninterruptedly till May, 1270, 54 
 Hen. III. In the iters of 46 and 47 
 Hen. Ill, he stands at the head of all 
 the commissions on which he is named. 
 Id. 
 
 ^'The son of Stephen de Segrave by 
 Rohese, daughter of Thomas le Despen- 
 ser, married Amabilia, daughter and 
 heir of Robert de Chaucomb. He had, 
 in 15 Hen. HI, a grant from Simon de 
 Montfort, lord of Leicester, of the town 
 of Kegworth, in Leicestershire; and, a 
 short time after, was constituted gov- 
 
 ernor of Bolsover castle. In 26 Hen. 
 Ill, he was justice of the forests south 
 of Trent, and governor of Kenilworth 
 castle. Id. 
 
 260 And was one of the justiciers ap- 
 pointed to hear such pleas of the city of 
 London as were wont to be determined 
 by justices itinerant. He is not noticed 
 in a judicial character after January, 
 1252. In 1254 he was on a mission 
 into Gascony, on his return from which, 
 in company with John de Plessetis, earl 
 of Warwick, and other nobles, they, 
 although bearing the King of France's 
 letters of safe conduct, were seized and 
 imprisoned at Pontes, a city in Poictou. 
 Ultimately he was released, but his 
 sufferings there impaired his health, 
 and caused his death, which happened 
 shortly before Nov. n, 1254 (39 Hen. 
 in.) Id. 
 
 261 He was frequently in the king's 
 service, particularly in the Welsh wars. 
 He had custody in 30 Hen. Ill (1246) 
 of the lands and castles of William 
 Mareschall, late earl of Pembroke ; and 
 in the next year of those of John de 
 Munchanes. In 34 Hen. Ill (1250), 
 the castles of Carmarthen and Cardigan, 
 with the lands of Meilgon Fitz-Meil- 
 gon, were committed to his charge at 
 the small annual rent of 40 marks. Id. 
 
 262 With slight (if any) interruption 
 till August, 1258. He is described as 
 the king's seneschal in 36 Hen. Ill and 
 succeeding years. Id, 
 
336 
 
 In Reign of Henry III 
 
 [tit. IV 
 
 Giles de Erdington was a judge before August, 1251 (35 Hen.. 
 
 iii)r 
 
 Adam de Hilton was the last named of four justices itinerant in 
 35 and 36 Hen. Ill (i25i-2).'«* 
 
 Silvester de Everdon, bishop of Carlisle (mentioned in § 22, p. 325), 
 acted in 1251 and 1252 as a justice itinerant in the counties of York,, 
 Nottingham, Derby, Warwick and Leicester."* 
 
 Robert de Ripariis (Rivers) is recorded as a justice itinerant in 36- 
 Hen. Ill (1252), into Berkshire, Oxford and Northampton.'** 
 
 Henry de Coleville''^'' acted in 1252 as justice itinerant for Berk- 
 shire, Oxford and Northampton; and in the next year for Cambridge, 
 Huntingdon, Essex and Hertford."* , 
 
 Simon de Trop (or Thorpe) "" was, from 1252 to 1256, a justice 
 itinerant in several counties.™ 
 
 William Trussel'"^ was constituted a justicier (Dugdale says of 
 the Common Pleas) Sept. 3, 1252.''" 
 
 Roger de Whitchester'"^ was raised to the bench at least as early 
 as Octo. 9, 1252 (36 Hen. 111).="* 
 
 ^® He retained his place on the bench 
 till Dec, 1267, soon after which he died. 
 Foss's Biogr. Jurid. 
 
 *** Appointed to visit Yorkshire and 
 several other counties. An instance of 
 payment for a writ of assize to be taken 
 before Alan de Watsand and him in 
 Yorkshire, indicates that he was one of 
 the regular justiciers. Id. 
 
 ^^^Id. 
 
 ^*' Employed in 18 Hen. Ill to assess 
 the tallage in Cambridge and Hunting- 
 don; and twice appointed sheriff for 
 those counties — in 21 Hen. Ill, when 
 he held the office for six years; and 
 again in 34 Hen. Ill, when he held it 
 for two. Id. 
 
 268 Icl. 
 
 ^^'From the place in Northampton- 
 shire, which was in those times as often 
 spelled Thorpe as Trop. Foss's Biogri 
 Jurid. 
 
 2™ He died in Jan., 1259 (43 Hen. 
 III). Id. 
 
 '^'i In 26 Hen. Ill, concerned in a suit 
 relative to property in Warwickshire. 
 Id. 
 
 ^'^ And fines were acknowledged be- 
 fore him till Nov., 1254, in which year 
 he went as one of the justices itinerant 
 into the counties of Gloucester and 
 Stafford. He continued to act as a. 
 judge till Sept., 1257. Id. 
 
 ^'^ So named from that place in 
 Northumberland. He was probably the 
 son of Robert de Whitchester, who was 
 sheriff of that county in 5 and 6 Hen. 
 III. Id. 
 
 2'4That being the date of the first 
 entry of payments made for assizes to 
 be held before him. Thes.e entries con- 
 tinue till Aug., 125S (42 Hen. Ill); 
 and he went the circuit from 1254 to 
 1257. He is mentioned as a canon of 
 St. Paul's. Id. 
 
-CH. xv.J i2i6 TO 1272. 337 
 
 Gilbert de Preston (mentioned in § 23, p. 327) gradually advanced 
 to a higher station until, in 1252, he stood at the head of one of the 
 commissions."" His salary in 1255, was forty marks /"^r annumT'^ 
 
 ■28. In 1252 ' writ for enforcing watch and ward, and the assize of 
 arms ; ' demand of revenue for a crusade ; and opposition to it; 
 Charter of Feh. 11, 12^1-2. What was granted in 1253 to the 
 king when he confirmed the charters. Grant, in 1253, of the 
 custody of an old castle erected by the Normans on the site of 
 a Roman station. Names of justices appointed from 12^3 to 
 1258. 
 
 "Two very ancient methods of ensuring peace and defence" were 
 brought together in a " writ for enforcing watch and ward, and the 
 assize of arms,""' issued the 20th of May, 1252, being the year in 
 which the pope authorized Henry to exact for his expenses in cru- 
 sade, a tenth of the revenues of the clergy of England for three 
 years."* 
 
 "On the 13th of October (1252), the demand was laid before the 
 assembled clergy, and was indignantly opposed by Grosseteste, who 
 declared it to be an unprecedented and intolerable usurpation. Eth- 
 elmar, on his brother's part, argued that the French clergy had sub- 
 mitted, and that the English had no means of successful resistance. 
 Grosseteste replied that the submission of the French was itself a 
 reason for the resistance of the English; two such submissions would 
 •create a custom. After a long discussion, in which they attempted 
 to prevail on Henry to make an independent remonstrance, they 
 resolved that in the absence of the archbishops they were not compe- 
 tent to decide. The barons, whom the king next consulted on 
 making an expedition to Gascony, replied that their answer would 
 depend on that of the clergy." "' 
 
 "5 And retained the same position, and grandfather had had; if he had 
 
 with one or two slight exceptions, till ever intended it, the resolution was no 
 
 1257. Id. '"^ Id. stronger than the rest of his purposes. 
 
 ■"'3 Lingard's Engl., ch. 2, pp. 174, Now the pope," by way of inducement, 
 
 ■ 175 ; Select Charters, p. 362 to 364. On authorized this exaction. Id., p. 66. 
 
 the i8th of July, 1253, there was a " writ "'.^^■. PP- 66-7. Disgusted with find- 
 
 for carrying out the watch and ward, ing that Ethelmar was inclined to side 
 
 and assize of arms." Select Charters, with the bishops, Henry now resorted 
 
 pp. jgc 366. to the meaner expedients of extortion, 
 
 ="8 2 Stubbs's Const. Hist., ch. 14, p. especially from the Londoners : a pol- 
 
 ■66. " Henry had probably as little in- icy which afterwards cost him dear, 
 
 itention of visiting Palestine as his father Id., p. 67. 
 22 
 
338 In Reign of Henry III [tit. iv 
 
 "Magna Carta Regis Henrici III, xi die Februarii, A. R. XXXVI. 
 A. D. MDCCLI-II," .is in i Statutes of the Realm, p. 26 to 31,. 
 of edi. rSio. It appears to have been in February of that regnal 
 year, which began in October, 1251; but it is not particularly men- 
 tioned by Mr. Stubbs.^" Next, after what has been quoted from 
 pages 66 and 67 of his second volume, comes the following : 
 
 "After a preliminary discussion at Winchester, at Christmas, the 
 debate was continued the next Easter, 1253, and then, in a very 
 large assembly of barons and clergy, the king obtained his wish ; the 
 three years' tenth was to be paid when the crusade should start; a 
 scutage of three marks was granted by the tenants-in-chief, and in 
 return Henry confirmed the charters. On this occasion it was done 
 with peculiar solemnity : a solemn sentence of excommunication was 
 passed on all impugners." '"' 
 
 In this year (1253) was given to Stephen Longspee custody of the 
 castle erected soon after the Norman conquest, which had been seized 
 by William, king of Scotland, in 11 74.^*'^ 
 
 A grant in this year (1253), addressed '■Henrico de Bathon et 
 sociis suis, justiciariis assignatis ad tenendum placita coram rege' is 
 regarded as proviilg that he had been restored td his former high 
 position.™ 
 
 '^ It is not in his volume of Select site of the old castle, stood the Roman 
 
 Charters; nor is it in Taylor's Book of station, Axelodunum, the sixteenth in the 
 
 Rights. line of Severus's wall, and the spot where 
 
 2*^2 Stubbs's Const. Hist., ch. 14, p. Adrian's vallum terminated ; in and near 
 
 67. "Anno J7 Henrici III, A. D. the vicinity, urns, altars and inscribed 
 
 72_y, sententia excomtnunicationis lata stones have been discovered. Some of 
 
 in transgressores cartarum. The sen- the ruins of the old castle were visible in 
 
 tence or curse given by the bishops Leland's time. 1 Dugdale's Engl, and 
 
 against the breakers of the charters." Wales, p. 310. 
 
 I Statutes of the Realm, pp. 6, 7; ^ssposs's Biogr. Jurid. At n later 
 Taylor's Book of Rights, pp. 45, 46; period there is an entry referring to a 
 Stubbs's Select Charters, pp. 364, 365. proceeding in 41 H. Ill: 'Coram H. 
 Both Taylor and Stubbs have the date Bathon. et sociis suis, justiciariis regis 
 the third of the ides of May ; but in Tay- de banco.' In the preceding year he and 
 lor's volume the year is 1254, wher.eas his companions are mentioned without 
 in Stubbs's it is 1253. It was in Au- any designation to distinguish the court,, 
 gust, 1253, that the king went to Gas- the words used being 'et sociis suis, jus- 
 cony, leaving the kingdom in care of ticiariis regis.' " These changes " (Mr. 
 the queen a^d earl Richard as regents. Foss observes) " suggest the caution witti 
 2 Stubbs's Const. Hist., ch. 14, p. 67. which such appellations should be used 
 
 282 Close to the village of Burgh-on- in support of an hypothesis." Biogr. 
 
 The-Sands, on the northern side, on the Jurid. 
 
CH. XV.] i2i6 TO 1272. , 339 
 
 Robert de SkotHndon {or Sotington, or Sadington) ''■^ was raised to 
 the bench about the beginning of 39 Hen. Ill (1254).^^' 
 
 Nicholas de Hadlow"^ (or Handlo), was raised to the bench about 
 Nov., 1254.'" 
 
 Before John de Caleto (or De Caux), abbot of Peterborough/** a 
 fine was acknowledged in 1254 (39 Hen. Ill); in that and the follow- 
 lowing year he was at the head of the justices itinerant in several 
 counties.^*' 
 
 William de Cobbeham, third son of Henry de Cobbeham (men- 
 tioned in § 6, p. 285), and brother of John de Cobbeham (mentioned 
 in § 23, p. 327), and of Reginald de Cobbeham (mentioned in § 25, 
 P- 332), was, in 39, 40 and 41 Hen. Ill, employed as a justice itine- 
 rant in various counties.'"" 
 
 William de Englefield"^^ was one of the justices itinerant who 
 visited several counties in 1 255 and the next two years.^'" 
 
 Geoffrey de Lukenore was a justice itinerant in 39 Hen. Ill 
 
 (1255)-^' 
 Nicholas de Ramsey performed the functions of justice itinerant 
 
 ^** Called by Matthew Paris 'domini ^^ Sheriff of Devonshire in 36 Hen. 
 regis clericus specialis.' He may have III (1251) and the next two years. He 
 been the ancestor of Thomas de Sod- derived his name from the town of En- 
 Ington, the justice itinerant under Ed- glefield, in Berkshire, where, it is said, 
 ward I, and Robert de Sodington, chief his family had property above 200 years- 
 baron and Lord Chancellor undei: Edw. before the Conquest. Id. 
 III. Id. ^'^And again in 1260; about which 
 
 ^^ His name appears upon fines till time it seems probable that he was made 
 
 1257. He died then at Hertford, on his -a justicier at Westminster. From 46 
 
 circuit, and was buried there in the pri- to 50 Hen. Ill, he was employed in a 
 
 ory. Id. judicial character. Id. 
 
 '''Of the manor of Court-at-Street, in 293 pof Oxfordshire and other counties^ 
 
 Kent. Id. perhaps only for pleas of the forest ; he 
 
 ^' He continued to act up to Sept., is next mentioned in the 45th and two 
 
 1266. Id. following years as a justice itinerant into 
 
 ^^ He was elected to that dignity in various counties. It would seem that he 
 
 1249, being then prior of St. Swithin's, was also a regular justicier in this reign, 
 
 at Winchester. Toss's Biogr. Jurid. inasmuch as from March, 1265, till Sept., 
 
 ''^From April till August, 1258, also 1271, there are numerous entries on the 
 
 payments were made for assizes to be Rotulus de Finibus (Except, ii. 422-549) 
 
 held before him. Id. of payments for assizes to be held before 
 
 '^Id. him. Id. 
 
340 
 
 In Reign of Henry III 
 
 [tit. IV 
 
 several times in 39 and 40 Hen. Ill (1255-6).^'* 
 
 John de Cokefield'^^ is first recorded on a fine levied at Michaelmas, 
 1256 (40 Hen. III).''''' 
 
 John de Cave acted as a justiciar firom 1254 to 1261.'" 
 
 Giles de Argentine^^ in 1253, was at the head of the justices itin- 
 erant for Berkshire, Oxfordshire and other counties ; and was present 
 as judge at Alton, in Hampshire, when William de Insula took John 
 le Falconer by the throat in open court.''''' 
 
 John de Wyville '"" was constituted a justice (of the Common Pleas, 
 according to Dugdale), Feb. i, 1256.?" 
 
 On the 13th of April, 1257, Robert de Briwes was ordered to be 
 associated with Simon de Wauion 'et sociis suis justiciariis de Banco.' 
 From this it is conjectured that Simon de Wauton (mentioned in 
 
 ™' Probably on both occasions, but 
 certainly on the last, taking pleas of the 
 forest only ; also in 46 and 53 Hen. III. 
 Id. 
 
 ^'5 So called from a place of that name 
 in Suffolk. Id. 
 
 ^'8 He is on others till the following 
 Michaelmas. In this latter year he was 
 added to the justices itinerant in Suffolk 
 county; after which there are payments 
 for assizes to be taken before him, com- 
 mencing in August, 1258, and ending in 
 June, 1259. Payments for assizes before 
 him are frequent from May, 1270, till 
 May, 1272. During this period he had 
 (according to Dugdale) a grant of £,\o a 
 year for his support as a justice of the 
 King's Bench. He died in 56 Hen. III. 
 Id. 
 
 2" Foss's Biogr. Jurid. 
 
 2'^ Grandson of Reginald de Argen- 
 tine, and son of Richard, who was one 
 of the justiciers in Normandy under 
 King John, and steward of the house- 
 hold under Henry III. He was a 
 knight of great valour, and had been 
 actively engaged in the wars with the 
 Welsh, by whom he was taken prisoner 
 in i6 Hen. HI. Afterwards he was 
 
 governor of Windsor castle. Id. 
 
 ^^ Id.; citing Abbrev. Plac. 132. 
 
 ""Observing that he "is placed by 
 Dugdale among the barons of the Ex- 
 chequer in 37 lien. Ill (1253)," Mr. 
 Foss remarks that " he perhaps sat 
 there as one of the justices of the 
 Jews, in which character he is named 
 by Madox (ii, 318) among the barons 
 two years previously." Foss's Biogr. 
 Jurid. 
 
 ^w Afterwards, till Feb., 1263, he was 
 present at the acknowledgment of fines. 
 In an undated letter he begs the king to 
 excuse him from the office of justice of 
 Oyer and Terminer on account of his 
 bodily infirmity and poverty; but he 
 acted on the iters in 40, 44, and 47 Hen. 
 III. In 1 263 there are pleas before Gil- 
 bert de Preston and jfohn de Wyvill at 
 Westminster; his death is fixed about 
 the latter year. His property was in 
 Hampshire. If the baronetcy of Wy- 
 ville, in Yorkshire (extinct in 1774) was 
 derived from his lineage, the family that 
 survives at Burton Constable traces 
 descent from Humphrey de Wyvill of 
 Slingsby castle, who came over with the 
 Conqueror. Id. 
 
CH. xv.J i2i6 TO 1272. 341 
 
 § 25, p. 332) was then at the head of the court.'"'' 
 
 Robert de Brus (mentioned in § 27 p. 334) acted as a justicier from 
 1257 to 1263.'°" 
 
 Peter de Percy was a regular justicier from 41 to 47 Hen. Ill 
 1257-1263).'" 
 
 Before Henry de Tracy^"' an assize was directed to be taken in 
 Devonshire in 41 Hen. 111.'°" 
 
 2g. Treasurer of the Exchequer in 1257, 1258 and afterwards ; 
 names of other barons of the Exchequer in 1257 and 12^8. 
 
 Peter de Rivallis (mentioned in § 17, p. 312), who had'been keeper 
 of the wardrobe, and was, on the i6th July, 1255, constituted a 
 baron of the Exchequer, retaining his place at the wardrobe, was (it 
 is said) appointed about Mich., 1257, treasurer of the chamber, on 
 the death of Hurtaldus, but probably soon after died, as the last 
 notice of him is in a grant to him in May, 1258, of land in Win- 
 chester.'" 
 
 Thomas de Wymundham was ordered to be paid 30 shillings for 
 writing 30 pair of statutes, 'triginta paria statutorum' to be sent to 
 all the justices in eyre, and sheriffs throughout the realm ; and also 
 four shillings and sixpence for the parchment on which they were 
 written (4 Rep. Pub. Rec. App., ii, 152}. In 42 Hen. Ill, he is 
 mentioned by Madox as a baron of the Exchequer, and by Dugdale 
 as treasurer of the Exchequer.'"" 
 
 Madox's list of barons of the Exchequer embraces those below.'"' 
 
 '"^ In August following he was con- to the barony of Barnstaple, in Devon- 
 firmed bishop of Norwich, after which shire, including Tavistoch and other 
 he does not appear to have acted on the manors. In 17 Hen. Ill (1232) he was 
 legal bench. He presided over that see placed at the head of the justices itin- 
 till his death, Jan. 2, 1265. Id. erant in Cornwall (Mr. Foss says), "no 
 
 ""^ On the circuits of the two last years doubt as a resident nobleman only." 
 
 he was at the head of the commission. Id. 
 
 He was on the king's side in the contest '"* In the sanie year he was also 
 
 of 1263, and was taken prisoner with governor of Exeter castle. Id. 
 
 him at the battle of Lewes, May 14, '"' Foss's Biogr. Jurid. 
 
 1264. Id. ^Id. 
 
 ^Id. »w In 35 and 42 Hen. Ill, Richard de 
 
 *® He, on the death of his father, Crokesley, who became abbot of West- 
 Oliver de Tracey, in 12 John, succeeded minster March 25, 1247, and was, be- 
 
342 In Reign of Henry III [tit. iv 
 
 JO. Custody of the Great Seal after Chancellor Neville's death 
 {.1244) ; respective parts of Silvester de Everdon, John Mansel, 
 John de Lexinton, Peter de Rivallis, . William de Kilkenny 
 and Peter Chaceporc {or Chaceport). In i2S3 taunting speech 
 of the king to Silvester de Everdon. Patent of fuly 2, to 
 Queen Eleanor and Richard, earl of Cornwall, as regents 
 during the king's absence. Observations upon Lord Camp- 
 bell's chapter, entitled 'Life of Queen Eleanor, Lady Keeper 
 of the Great Seal.' Upon the king's return to England in 
 Jan., i2S§, the Seal was delivered into custody of Henry de 
 Wingha^n. Of fohn Mansel and Bishop Kilkenny in 1256. 
 
 Of Silvester de Everdon (mentioned in § 22, p. 325), it is stated 
 that he was appointed (Nov. 14, 1244) either chancellor or keeper, 
 and was " one most cunning in the custom of the chancery ; " that in 
 1246 he received, in August, the bishopric of Carlisle, and in Novem- 
 ber was succeeded in the chancery by John Mansel (mentioned in 
 
 § 18, p. 315)- 
 
 John Mansel had the custody of the Great Seal from Nov. 8, 1246, 
 to Aug. 28, 1247, when the king sent him on an embassy; after his 
 return, he received back the custody of the seal Aug. 10, 1248, and 
 held it till September 8, 1249. " In none of these entries is he called 
 chancellor." During this second possession of the Great Seal he 
 
 tween 35 and 42 Hen. Ill, the king's in August, of that year, appointed the 
 
 ambassador to the court of Rome king's escheator on the south side of 
 
 (Rymer i, 344); and on two other oc- Trent, and continued in that office till 
 
 casions on missions to the duke of 1255, in which year he was employed 
 
 Brabant, to negotiate a marriage be- by the king on a financial commission 
 
 tween Prince Edward and the duke's into Wales. He retired from the abbacy 
 
 daughter; Matthew Paris describes him of Pershore Octo. 24, 1262, having pre- 
 
 as a learned and elegant man, with a viously granted to it his manor 'de 
 
 handsome person and a pleasing voice. Hauekesburi.' Id. 
 
 He died about July 21, 1258. Foss's In 42 Hen. Ill (1258) JohndeLaun- 
 
 Biogr. Jurid. fare. Id. 
 
 In 1257-8, Elevius, a monk in In the same year John Reinger (or 
 Cogges (in Oxfordshire), of which he Renger). He, and his brother Mat- 
 became prior in 1227; whence he was thew were, in 6 Hen. Ill, when his 
 promoted, March 19, 1251 (35 Hen. father was sheriff of London, delivered 
 III) to the abbacy of the monastery of as pledges for the peace of that city. 
 Pershore, in Worcestershire. He was He died in 53 Hen. III. Id. 
 
CH. XV.] i2i6 TO 1272. 343 
 
 obtained the valuable appointment of provost of Beverley; this is 
 mentioned as "the highest clerical dignity he ever enjoyed.""" 
 
 John de Lexington '" was an officer connected with the court, and 
 was probably one of the clerks of the chancery; the Great Seal 
 having been several times placed in his hands apparently in that 
 character."^ 
 
 Peter de Rivallis being keeper of the wardrobe, it was probably 
 in this character'" that the Great Seal was committed to him in con- 
 junction with William de Kilkenny f^^ in 1 249, while John de Lexin- 
 ton was absent; "the wardrobe being a usual place of depositing the 
 seal when the chancellorship was vacant." 
 
 William de Kilkenny was afterwards in sole possession of the seal. 
 On his becoming ill. May 15, 1253, it was delivered to Peter Chace- 
 j>orc^^^ And John de Lexinton. That illness ceased before July 2, 1253. 
 
 "When the bishops and nobles in 1253 went to the king with the 
 conditions upon which they granted the aid he demanded, and the 
 former were sharply reminded that" their elevation was effected by the 
 very causes of which they complained," it is related (by Matthew 
 Paris) that to Silvester de Everdon he addressed himself thus : ' And 
 thou, Silvester of Carlisle, who, so long licking the chancery, wast 
 the litde clerk of my clerks, it is well known to all here I advanced 
 
 si»Foss's Biogr. Jurid. was concerned in the chancery. In 
 
 "^Eldest son of Richard de Lexin- Feb., 1249, he was one of the king's 
 
 ton, a baron so called from a manor of council sent to receive the tallage of the 
 
 that name near Tuxford, in Notts; city of London. Foss's Biogr. Jurid. 
 
 Baronage i, 743 ; cited in Foss's Biogr. ^'^ Archdeacon of Coventry in 1248. 
 
 Jurid. • He held some official position in the 
 
 '^Within the years 1238, 1242,1249 court from 1249 (33 Hen. Ill) to 1252. 
 
 and 1253, he went to Rome on the As hoUa Peter de Rivallis and William 
 
 king's business, and performed other de Kilkenny were connected with the 
 
 duties in connection with the court. In king's wardrobe, Mr. Foss thinks it is 
 
 1241 he bad the custody of Griffin, not improbable that the Great Seal "was 
 
 Prince of Wales, in the Tower of Lon- merely deposited there, under their safe 
 
 don (Rapin iii, 71); in 1247 he is custody, during John de Lexinton's 
 
 spoken of as the king's seneschal. (Cal. absence." Id. 
 
 Rot. Pat. 22.) Though elevated in ^'^ He received in that year the arch- 
 June, 1248, [o the judicial bench, he dea'conry of Wells, and in the next 
 may afterwards, on a particular emer- year the treasurership of Lincoln ; after 
 gency, have been occasionally called to which there is no mention of him, 
 take possession of the Great Seal. except that he is one of the executors 
 Foss's Biogr. Jurid. named in King Henry's will. He is 
 
 '■' There is nothing to show that he sometimes called Chaceport. Id. 
 
344 In Reign of Henry III [tit. iv 
 
 thee to be a bishop before many reverend persons and able 
 divines.' "° 
 
 WiUiam Kilkenny's signature is to a patent of July 2, 1253 for the 
 government of the kingdom by Queen Eleanor and Richard, earl of 
 Cornwall, as regents, during the King's absence in Gascony.'" Not 
 only are the powers thereby conferred the subject of observations;"* 
 but Lord Campbell has a chapter entitled " Life of Queen Eleanor, 
 Lady Keeper of the Great Seal," "' wherein he publishes the patent 
 subjoined.^^" 
 
 However great may have been Lord Campbell's desire to produce 
 an entertaining chapter, it did not induce hirn to include in his list of 
 'Chancellors and Keepers of the Great Seal,' the king's brother, 
 Richard, earl of Cornwall, or any of the council. If Mr. Foss had 
 any desire to entertain, it seems to have been subordinate to his wish 
 to be accurate. After mentioning the patent of July 2, 1253, to the 
 regents, he says : 
 
 " They, at the same time, were directed to deliver to William de 
 Kilkenny the seal of the Exchequer, to be kept by him in the place 
 of the Great Seal, which the king had ordered to be locked up till hi^ 
 return. About Michaelmas, 1254, the monks of Ely elected him" 
 (Kilkenny) " their bishop ; and on the 5th of the ensuing January, 
 the king having returned to England on the ist, the bishop elect 
 delivered up the Great Seal to him and received a patent, 39 Hen. 
 Ill, m. 15, expressive of his dilligent and acceptable service, with an 
 entire quittance from all reckonings and demands in respect of the 
 king's court or otherwise, 'flfe tempore quo fuit custos sigilli nostri in 
 Anglia."''^ 
 
 3i6Foss's Biogr. Jurid. Silvester de sitas vestra quod nos in Vasconiam 
 
 Everdon was killed by a fall from his proficiscentes dimisimus Magnum Si- 
 
 , TIT ,^,^,. Tj gillum nostrum in custodia dilecta 
 
 horse May 13, 1254. Id. d • ^ i ■ -u ^ j. ■ 
 
 ' •" ■'^ Kegince nostra sub sigillo nostro pri- 
 
 3" Foss's Biogr. Jurid. ^ato et sigillis dilecH fratris et fidelis 
 
 'i*By Miss Strickland, in 2 Queens of nostri Ricardi Comitis Cornubia et 
 
 England, p. 63 to 66, of Phil. edi. 1857, quorundam aliorum de consilio nostro,- 
 
 j,Tj/- uii- T- r t'lli conditione adjecta quod si aliquid 
 
 and by Lord Campbell m I Lives of . . , ./ ? ^ v ™ 
 
 ' ^ signatum. forerit nomine nostro dum 
 
 the Chancellors, p. 138, of 2d edi. extra regnum Anglia ftierimus, alio- 
 
 (1846), note; and p. 134, of Boston edi. sigillo quam illo, quod ■vergere poterit 
 
 jg»._ in coronce nostra vel regni nostri nostri 
 
 jjg _, , „ detrimentum vel diminutionem, nullius 
 
 " ' ' sit momenti et viribtis careat omnino."^ 
 
 320 n £)g Magno Sigillo Commissio. Rex 
 omnibus, dfc, salutem. Noveit univer- '^' Biogr. Jurid., tit. Kilkenny. 
 
CH. XV.] 
 
 I2l6 TO 1272. 
 
 34& 
 
 Duties other than 'judicial ' must have been contemplated by the 
 king when he gave the commission of July 2, 1253; for the queen 
 was " left by her husband in a state of pregnancy ; and on the 25th 
 of November, 1253, she was delivered of a princess."^'''' In 1254,. 
 Prince Edward was to be married.^''' With him the queen, on the 
 5th of May, sailed from Portsmouth for Bordeaux, and travelled 
 thence across the Pyrenees to Purges, where they arrived August 5, 
 1254. King Henry waited at Bordeaux to receive his son's bride ; 
 and the royal family returned to England in January, 1255.'''* 
 
 That Henry de Winghanv''^^ was, on the 2d July, 1253, con- 
 nected with the chancery, is thought probable from the signature 
 then, 'per manus H. de Wengham."^" On the 5th of January, 1255^ 
 the Great Seal was delivered into his custody.^" 
 
 John Mansel, if not now 'licking the chancery,' seems to have 
 been 'licking' something; though the extent of his income from ben- 
 efices may be exaggerated.^'^' 
 
 '''' I Campbell's Lives of the Chan- 
 cellors, ch. 8, p. 141, of 2d edi. (1846), 
 p. 137, of Boston edi. 1874. 
 
 '®Mr. Foss says of yohn Mansel, 
 "In 1253 he accompanied William 
 Bitton, bishop of Bath and Wells, on a 
 special mission to Spain to negotiate a 
 marriage between Eleanor, the sister of 
 Alphonso, king of Castile," and " Prince 
 Edward, King Henry's eldest son; and 
 the charter which they brought back is 
 still preserved with its golden seal 
 among the archives at Westminster. In 
 his commission for this embassy he is 
 called ' secretarius noster,' being the 
 first occasion on which that title is 
 used." Biogr. Jurid. 
 
 '" I Campbell's Lives' of the Chancel- 
 lors, ch. 8, pp. 142, 143, of 2d edi. 
 (1846), pp. 138, 139, of Boston edi. 
 1874; Miss Strickland's Queens of Eng- 
 land, vol. 2, p 88 to 90, of Phila. edi. 
 1857. 
 
 ™Born at Wingham, in Kent, and 
 "probably brought up in one of the 
 
 offices of the Exchequer. He was in 
 30 Hen. Ill {1245) i" conjunction with 
 John de Grey, the justice of Chester, 
 assigned to assess the tallage for that 
 city. He was then one of the king's 
 escheators ; and besides being appointed 
 chamberlain of Gascony was employed 
 in two embassies into France. Foss's 
 Biogr. Jurid. 
 
 '^^To the patent dated July 2, 1253, 
 (37 Hen. Ill), ' de provisione facta ad 
 gubernationem regni' when the king left 
 the government in the hands of regents. 
 Id. 
 
 ^2' But the title of chancellor does not 
 appear to have accompanied it. In 
 1257 he was collated to -the chancellor- 
 ship of Exeter, and soon afterwards was 
 advanced to the valuable deanery of St. 
 Martin's. Id. 
 
 '^ " Some assert that the number 
 amounted to 700, producing i8,ooo- 
 marks per annum, while others limit 
 the number to 300, and the annual 
 produce to 4,000 marks.'' Id. 
 
346 In Reign of Henry III [tit. iv 
 
 "The munificence of his expenditure may be judged from the 
 stately dinner he gave in 1256 at his house in Tothill Fields, when 
 he entertained the Kings and Queens of England and Scotland, 
 Prince Edward and the nobles and prelates of the kingdom. It is 
 recorded that his guests were so numerous that he was compelled to 
 erect tents for their reception, and that 700 dishes were scarcely suf- 
 ficient for the first course.'^ 
 
 Different parties praise Bishop Kilkenny.*" He died September 
 22, 1256, while on an embassy to Spain.'" 
 
 ji. Summons to parliament in 1234 ; charter to Oxford in 1255 ; 
 quarrels in parliament and council in IZJS ^''^'^ I2j6 ; return of 
 Simon de Montfort. In 1238 parliament at London in April; 
 canons by Archbishop Boniface fune 6. 
 
 What is spoken of in 3 Lingard's Engl. ch. 2, pp. 165, 166, seems 
 to be the same " writ of summons for two knights of the shire to 
 grant an aid" that is published by Mr. Stubbs as dated xidieFeb- 
 ruarii, 1254. It is mentioned by him in one volume as " an important 
 land-mark in the parliamentary history of England,'"''' and in an- 
 other as "the first distinct case since the reign of John, of the sum- 
 mons of knights of the shire to parliament." ''' 
 
 The regents "summoned a great council to Westminster on the 
 26th of April at which four chosen knights from each county and 
 representatives of the clergy of each diocese were directed to report 
 the amount of aid which their constituents were prepared to grant." '" 
 
 "The history of the year 1255 is a continuous record of quarrels 
 in parliament and council. The charters were confirmed and repub- 
 lished in vain." — " For the first time on record the magnates on the 
 13th of October to which the" parliament (called the Hoketide par- 
 
 '29 Id. 832 Select Charters, pp. 367, 368. 
 
 330 li fjg ig represented as handsome in ^33 Const. Hist., ch. 14, p. 57. 
 
 his person, modest in his demeanour; ^*Id., 68. The charter granted at 
 
 skilled in the municipal laws of the ' Wodestok' to Oxford the 1 8th of July, 
 
 kingdom; wise, prudent and eloquent ;" 1255, is mentioned by Mr. Stubbs as 
 
 and among the benefactors of Cam- showing "the increased minuteness" 
 
 bridge. Id. "of detail that was now being intro- 
 
 '^^ His body was buried at Sugho, duced into municipal institutions." 
 
 where he died, but his heart] was brought Select Charters, pp. 368, 369. 
 to his own cathedral. Id. 
 
•CH. XV.] i2i6 TO 1272. 347 
 
 'liament) '^ " had been adjourned, refused to give an aid on the dis- 
 tinct ground that they had not been summoned in the form prescribed 
 ■by the great charter. The year 1256 was full of the same contests." 
 
 Henry's brother Richard was in 1256 chosen, and in 1257 crowned, 
 "king of the Romans.' "° 
 
 "Circumstances had prepared a leader" in Simon de Montfort, 
 -who had now returned home. 
 
 "The parliament of 1258 met at London on the 9th of April, and 
 sat until the 5th of May.'' — "The meeting was a stormy one. The 
 king's petition for money was rejected" 
 
 "In the end Henry placed himself in the hands of the barons. A 
 ■committee of twenty-four, chosen half from the royal council and 
 half by the barons, were to enforce all necessary reforms before the 
 following Christmas; on this understanding the question of a money 
 grant might be considered. The king's consent to this scheme was 
 published on the 2d of May ; and the parliament was the next week 
 -adjourned to the nth of June, at Oxford.'""" 
 
 In 42 Hen. Ill (1258) Boniface^''' made divers and many canons"" 
 ■and constitutions provincial, directly against the laws of this realm." 
 So Ld. Coke so says;''° and he observes, "this was the principal 
 ground of the controversies between the judges of the realm and the 
 bishops; for this caused ecclesiastical judges to usurp and encroach 
 upon the common law. But notwithstanding the greatness of the 
 ■archbishop Boniface, and that divers of the judges of the realm were 
 of the clergy, and all the great officers of the realm, as chancellor, 
 treasurer, privy seal, &c., were prelates; yet the judges proceeded 
 according to the laws of the realm, and still kept, though with great 
 
 ''* At this parliament of 1255, the of Eleanor, queen of England, who was 
 
 •demand for an elective ministry was daughter of Raymond, earl of Provence, 
 
 made and refused as usual. 2 Stubbs's by Beatrix, daughter of Thomas, earl of 
 
 •Const. Hist., ch. 14, p. 68. Savoy, and sister to the said Boniface." 
 
 ''*3 Lingard's Engl., ch. 3, p. 120. 2 Inst., 599. 
 
 ^' 2 Stubbs's Const. Hist., ch. 14, pp. ^^" Which canons began thus : ' Uni- 
 
 71 to 74. For the day in leap year, a ■versis Christi fidelibus ad quos prasens 
 
 provision of the king dated May 9, in pagina pervenerit, Bonifacius, misera- 
 
 -40 Hen. Ill (1256), is in 'The Statutes Hone divina Cantuariensis arckiepisco- 
 
 Revised,' vol. I, pp. 4, 5, of edi. 1870. pus, totiu's Anglice primas et sui suffra- 
 
 The king's consent to a project of ganei in verba sq.lutari salutem '; and 
 
 reform, and his consent to the election of ending thus : • Actum apud Wesim.' 
 
 the twenty-four, are in Select Charters, Sexto iduum jfunii anno domini I2j8. 
 
 p. 371 to 373. In quorum omnium^'' &c. Id. (2 Inst. 
 
 ''S" Younger son of Thomas, earl of 599.) 
 
 Savoy, archbishop of Canterbury, uncle ^^ Id., 599. 
 
348 
 
 In Reign of Henry III 
 
 [tit. i^r 
 
 difficulty, the ecclesiastical courts within their just and proper 
 limits." »" 
 
 J2. Curious ways of obtaining money for the king continued till the 
 parliament at Oxford in fune 12^8. Grievances complained of . 
 Arrangement for a new provisional government : a. commission 
 of twenty four ; and other measures. Hugh Bigot becomes chief 
 justiciary. Henry de Wingham continues in custody of the 
 Great Seal. 
 
 Such ways of obtaining money for the king as are mentioned in 
 chapter 14, §2, pp. 265, 266, had not entirely ceased before 1258.'*^ 
 
 "On the nth of June, at Oxford, the mad Parhament as it was 
 called by Henry's partisans, assembled. Fearful of treachery from 
 the foreigners, the barons had availed themselves of the summons to 
 the Welsh war and appeared in full military array.'**' The list of 
 grievances the petition of the barons now presented,'" contained a 
 long series of articles touching the points in which the king's officers. 
 
 3"Jd., 599. 
 
 ^" William Fiizwarine' s wife, Gila 
 (mentioned in ch. 14, § 2), died while 
 he was sheriff of Lincolnshire; and, he 
 was again indebted to royalty for a wife, 
 paying, in 2 Hen. Ill, a fine of Jo 
 marks for permission to marry Agnts, 
 one of the sisters and coheirs of John de 
 WahuU, and widow of Robert de Bas- 
 singham. 
 
 In 4 Hen. Ill, Ralph Musard, a 
 widower, having married Isabella, the 
 widow of John de Neville, without the 
 king's license, procured a pardon by a 
 fine of one hundred marks. 
 
 In 18 Hen. Ill, the widow of Henry 
 de Braybroc, " paid a fine for permission 
 to marry whom she pleased." 
 
 In 19 Hen. Ill, yohn de Kirkeby paid 
 700 marks to the king for the wardship 
 and marriage of the son and daughter of 
 Philip, the brother of Thomas de Burgh. 
 
 In 26 Hen. Ill, John Le Moyne was 
 fined 20 marks for marrying Isabella, 
 one of the heirs of Eustace de Fercles, 
 without the king's license. 
 
 In 35 Hen. Ill, yohn de Grey of- 
 
 fended the king by marrying without his 
 license Joanna, the widow of Pauline 
 Peyvie, who had been devoted to 
 another person ; and he was fined 500 
 marks for his-transgression. 
 
 In 37 Hen. Ill, Robert Walerand' 
 paid a fine of 40 shillings of gold for 
 the marriage of Beatrice, daughter of 
 Robert de Brus. 
 
 In 42 Hen. Ill, Thomas de Fisheburn 
 paid a fine of 100 shillings in Northum- 
 berland for marrying Beatrice, the widow 
 of William, the coroner. Foss's Biogr.. 
 Jurid. 
 
 '*'0n the barons appearing in com- 
 plete armour, the king asked, ' Am I 
 then your prisoner.' ' No, sir,' replied 
 Roger Bigot, earl of Norfolk, ' but by 
 your partiality to foreigners, and your 
 own prodigality, the realm is involved in 
 misery. Wherefore we demand that 
 the powers of government be delegated 
 to a committee of barons and prelates^ 
 who may correct abuses and enact salu- 
 tary laws.' Foss's Biogr. Jurid. 
 
 3" This petition is in Mr. Stubbs's; 
 volume of Select Charters, p. 373 to 378.. 
 
•CH. XV.] i2i6 TO 1272. 349 
 
 had transgressed either the letter or the spirit of the charters. The 
 committal of royal castles to native Englishmen, the bestowal of 
 heiresses on native husbands, the honest fulfilment of the charter of 
 the forests, the freedom of ecclesiastical elections, the right of the 
 lords to the wardship of their tenants, are claimed as a matter of 
 justice. The complaints touch especially the illegal exaction of 
 feudal services, the illegal bestowal of estates as royal escheats and 
 the denial of justice to their lawful owners, the vexatious fines for 
 non-attendance exacted by the itinerant justices and by the sheriffs 
 who had multiplied the number of local courts beydnd endurance, the 
 erection of castles on the coast without national consent, the abuse of 
 purveyance, the dealings with the Jews and other usurers who im- 
 poverished the kingdom and played dishonestly into the hands of 
 the great, the delays of justice' owing to the licenses issued by the 
 king to the knights exempting them from service on juries, assizes 
 •and recognitions, and other like points which require a minute colla- 
 tion with the articles of the Great Charter to illustrate their full mean- 
 ing. The justice of the petitions was beyond question, but the 
 immediate conclusion to be drawn from them was the necessity of 
 having a fully qualified justiciar ; and this at once opened the ques- 
 tion of the new provisional government, the creation of the com- 
 mittee of twenty-four, by whose action the articles of complaint were 
 to be redressed, and by whom the ministry, the justiciar, chancellor, 
 treasurer and council were to be named. Preparations had probably 
 been made for this in the earlier parliament; these were now com- 
 pleted. The idea of a commission of twenty-four was probably 
 derived from the executive body appointed at Riinnymede ; the mode 
 •of appointment bore more distinct marks of the character of an arbi- 
 tration. The two parties were definitely arrayed against each other, 
 for Henry was not in the forlorn state to which his father had been 
 reduced. The king nominated his nephew, Henry of Cornwall, his 
 brother-in-law, John of Warenne,''^ his three half-brothers, Ethelmar, 
 Guy and William of Lusignan, the earl of Warwick,^*" John Man- 
 
 ^'^ yohn de Warenne (or Plantagenet) , birth, who was constable of the Tower 
 earl Warren, and earl of Surrey, was of London in 28 Hen. Ill, was, in 1243, 
 ^andson of the third earl William, and married to Margery, sister and heir of 
 son of that earl William, who married the earl of Warwick, and widow of 
 Maud, sister of Anselm Mareschall, earl John Mareschall, and assumed the title 
 •of Pembroke, and widow of Hugh Bigot, of earl of Warwick, after obtaining the 
 •earl of Norfolk. John was a minor at consent of William Malduit (the pre- 
 'the time of his father's death, in 1240, sumptive heir to the earldom in the ' 
 but attained his full age before 1248, event of the countess's death), that he 
 when he sat with the rest of the earls in should enjoy -it for his life if he survived 
 the parliament held in London. He her. He was one of the justices as- 
 married Alice, daughter of Hugh, earl signed in 35 Hen. Ill (1251) to hold 
 of March, by Isabel, widow of. King the pleas of the city of London; and in 
 John, and half sister to Henry III. his latter years was entrusted with the 
 boss's Biogr. Jurid. sheriffalty of Warwick and Leicester. 
 ^*^ John de Pkssetis, a. Norman by He died Feb. 26, 1263. Id. ■ 
 
350 
 
 In Reign of Henry III 
 
 [tit. IV 
 
 sel,'" John Darlington, a friar, who was afterwards archbishop of 
 Dublin, the abbot of Westminster, Henry Wingham, keeper of the 
 seal,"''* the bishop of London, and probably archbishop Boniface. 
 The community of the barons elected the earls of Gloucester, Leices- 
 ter, Hereford^^^ and Norfolk;^^" Roger Mortimer, John Fitz Geoffrey^ 
 Hugh Bigod^^^ Richard de Gray, William Bardulf, Peter de Mont- 
 fort, Hugh le Despencerf''^ and the bishop of Worcester, Walter Can- 
 tUupe?'^ The kings party was very poor in the historic names of 
 England ; and the baronial selection included most of those which 
 come into prominence both before and after this crisis. This body, 
 after having received promises of faithful co-operation and obedience 
 from the king and his son, proceeded to draw up a provisional con- 
 stitution. 
 
 " The king was to be assisted by a standing council of fifteen mem- 
 bers ; these were to have power to counsel the king in good faith 
 concerning the government of the realm and all ' other things that 
 appertained to the king and the kingdom, to amend and redress all 
 things which they saw needed amendment and redress, and to exer- 
 cise supervision over the great justiciar and all others. They were, 
 in fact, not only to act as the king's private council, but to have a. 
 constraining power over all his public acts, just as in the scheme pro- 
 pounded in 1244, the four chosen counsellors were to have done, and 
 
 5*' As to him see J 30, p. 342. 
 
 '*^ Mentioned in § 30, p. 345. 
 
 ^*' Humphrey de Bohun, besides suc- 
 ceeding to the earldom of Hereford, 
 was on the death of William de Mande- 
 ville, his mother's brother, without issue, 
 created, in 1237, earl of Essex. He 
 was sheriff of Kent in 23 Hen. Ill, 
 and the two following years; in 34 
 Hen. HI, he went to the Holy Land; in 
 37 Hen. Ill, he was present in West- 
 minster Hall, when the formal curse was 
 pronounced, with bell, book and candle 
 against the violators of Magna Charta. 
 In 41 Hen. HI, and for some years 
 aftervirards, he had the custody of the 
 Marches of Wales. His life was one 
 career of activity ; at one time boldly 
 demanding from the king- a redress of 
 grievances — at another, supporting his 
 sovereign in resisting his enemies. Id. 
 
 350 After the battle of Lewes (in 1264), 
 Roger Bigot, earl of Norfolk, was ap- 
 pointed by the barons governor of the 
 castle of Oxford. He died in 1270, 
 
 leaving no issue. Id. 
 
 ^^ Hugh Bigot, younger brother of 
 Roger, earl of Norfolk, was chief ranger 
 of the forest of Farnedale in 39 Hen. 
 Ill, and governor of the castle of Picker- 
 ing in the next year; and he accom- 
 panied the king, in 41 Hen. Ill, in hia 
 expedition against the Welsh. Id. 
 
 3*2 Descended from one who had been 
 the steward of the king, and who was^ 
 in the language of the time, called Dis- 
 pensator or le Despenser, which title 
 became a surname. Hugh accompa- 
 nied Richard, king of the- Romans, to 
 Germany in 1257. In 44 Hen. Ill he 
 went as a justice itinerant into three 
 counties. Id. 
 
 3°' Walter de Cantilupe (mentioned in 
 g 14, p. 308) was, in August, 1236, 
 elected to the bishopric of Worcester; 
 and afterwards went to the Holy Land^ 
 accompanied by William Longspee, earl 
 of Salisbury. He died at his manor of 
 Blockley, Feb. 12, 1265. Id. 
 
CH. XV.] 
 
 I2l6 TO 1272. 
 
 351 
 
 as was actually done by the council of nine, chosen after the battle 
 of Lewes. To these fifteen, as the king's perpetual council, was 
 assigned the function of meeting, in three annual parliaments, at 
 Michaelmas, at Candlemas and on the ist of June, with another body 
 of twelve, chosen by the barons, to discuss common business on 
 behalf of the whole community. In the selection of the fifteen, great 
 precaution was to be taken. The twenty-four divided into their 
 two original halves. The king's half selected two out of the oppo- 
 site twelve, and the twelve appointed by the barons chose two out of 
 the king's half; these four were to choose the fifteen. The twelve 
 appointed to meet at the annual parliaments were chosen by the 
 general body of the barons; another committee of twenty-four, 
 chosen by the whole parliament on behalf of the community, was to 
 treat of the aid which the king demanded for the war; and the 
 reform of the church was committed to the original twenty-four to 
 be enforced as they should find time and place."""* 
 
 "The result was certainly a compromise; Hugh Bigod" (or Bigot), 
 " a baron of the strictest integrity, and a member of the baronial party, 
 was named justiciar at once ; '°^ the great seal remained in the hands 
 oi Henry of Wingham;^ and Philip Lovell, the king's treasurer, con- 
 
 ^^2 Stubbs's Const. Hist., ch. 14, pp. 
 76, 77-; Select Charters, p. 378 ; Green's 
 Hist, of Eng. Peop., book 3. ch. 3, pp. 
 291, 292 of vol. I. 
 
 ^2 Stubbs's Const., ch. 14, pp. 77, 
 78. And at the same time the Tower 
 of London was committed to his charge 
 (Brady, App., 218), to which was after- 
 wards added the command of Dover 
 Castle and the chamberlainship of Sand- 
 wich (Cal. Rot. Pat. 31). Foss's Biogr. 
 Jurid. "One of the first resolutions of 
 the twenty-four was, that the king should 
 _ at once resume all the royal castles and 
 estates which had been alienated from 
 the crown ; and a list was made of nine- 
 teen barons, all of them Englishmen, to 
 whom the castles should be entrusted; 
 amongst these the justiciar appears as 
 warden of the Tower of London. When, 
 however, it was proposed that the reso- 
 lution should be enforced, the king's 
 half-brothers and their friends refused 
 compliance. In vain Simon de Mont- 
 fort, as Hubert de Burgh had done be- 
 fore him, formally gave up Odiham and 
 Kenilworth; the alien party left the 
 court in haste on the 22d of June, and 
 
 threw themselves into the bishop's castle 
 at Winchester. There they were be- 
 seiged, and after some ignominious nego- 
 tiations, capitulated on the 5th of July. 
 Immediately after the surrender, the Lu- 
 signans, with their followers, left the 
 kingdom, carrying off only 6,000 marks 
 out of the enormous treasures which 
 they had accumulated. This struggle, 
 however, did not interrupt the progress 
 of reform; on the 26th of June, Henry 
 directed the four elected lords to pro- 
 ceed to nominate the council. Edward, 
 as soon as the aliens had departed, swore 
 to observe the provisions; on the 23d of 
 July they were accepted by the London- 
 ers; on the gSth directions were issued 
 for inquiry into abuses; on the 4th of 
 August, Henry published his assent to _ 
 abide by the decisions of his new coun- 
 cil.'' 2 Stubbs's Const. Hist., ch. 14, 
 pp. 78, 79. 
 
 ^^Id., pp. 77, 78. He was continued in 
 his office, on swearing not to put the seal 
 to any writ which had not the approba- 
 tion of the council as well as of the 
 king. Soon after this, on the flight of 
 the king's half-brother, Ethelmar, who 
 
352 In Reign of Henry III [tit. iv 
 
 tinued in office until the following October, when he was removed by 
 the barons and John of Crakehall, who had been steward to Grosse- 
 teste, appointed in his place."'" 
 
 ^j. From June, 1258, until the spring of 1263, of the provincial gov- 
 ernment ; the custody of the Great Seal; the treasurer ; the 
 chief justiciary ; and some of the more important of the other 
 justices. Particular persons now assigned 'ad tenendum ban- 
 cum regis! Position of Roger de Thurkilby, Henry de Batho- 
 nia, William de Wilton and Gilbert de Preston. 
 
 "The provisional government lasted from June, 1258, to the end of 
 1259, without any break, and from that date, with several interrup- 
 tions, until the spring of 1263, when war began. During this time 
 the three annual parliaments were held, the council of fifteen meet- 
 ing the twelve representatives of the community, and with them 
 publishing ordinances and taking other measures for the good of the 
 state." '=' 
 
 In 1259, Hugh Bigot, the chief justiciary, selected Roger de Thur- 
 kilby and Gilbert de Preston as his companions on a circuit from 
 county to county, to administer justice thrcfcghout the kingdom.'^' 
 Although no complaint was made against Hugh Bigot, and he seems 
 to have been zealous and active in the execution of his official duties, 
 yet in the latter part of 1260, he resigned,'^" and Hugh le Despencer 
 {mentioned in § 32) was appointed by the barons to succeed him."' 
 
 On the 1 8th of October, 1260, Henry de Wingham retired from 
 
 had been elected bishop of Winchester, are in i Statutes of the Realm 8-12, 
 
 the monks of that church chose Henry and Select Charters, p. 391 to 396. A 
 
 de Wingham for their bishop. He de- writ of Sept. 11, 1261, "summoning 
 
 clined this, and shortly afterwards ac- three knights of the shire to parliament 
 
 cepted the bishopric of London, and at Windsor," is in Id., pp. 396, 397. 
 
 was consecrated Feb. 15, 1260. Foss's ^59 Foss's Biogr. Jurid. During the 
 
 Biogr. Jurid. king's absence abroad, from Nov., 1259, 
 
 3" 2 Stubbs's Const. Hist., oh. 14, pp. till April, 1260, Hugh Bigot attested all 
 
 77,78; Select Charters, p. 379, and p. the mandates on the fine roll. Id. 
 
 387 to 391. ««>He was on the king's side May 12, 
 
 «58 2 Stubbs's Const. Hist., ch. 14, p.. 1264, in the battle of Lewes. After the 
 
 79 ; Green's Hist, of Engl. Peop., book battle of Evesham, in the following 
 
 3, ch. 3, pp. 292, 293, of vol. I. The year, he was replaced in the government 
 
 series of ordinances, known as the pro- of the castle of Pickering. He died 
 
 visions of Westminster, and mentioned about Nov., 1266. Id. 
 
 in 2 Stubbs's Const. Hist., ch. 14, p. 81, ''« Id, 
 
CH. XV.J 
 
 I2l6 TO 1272. 
 
 35S 
 
 the chancery.'^* Whereupon the barons placed the Great Seal in the 
 hands of Nicholas de Ely.^^ 
 
 Although the king seems to have been compelled by remon- 
 strances (of some of his friends) to dismiss his counsellor, John 
 Mansel, yet soon (in 1261, in the spring or summer) he openly 
 resisted the controul under which the barons had placed him since 
 the parliament at Oxford, in 1258; and appointed Philip Bassef^ 
 chief justiciary (though the baron's chief justiciary was his son-in- 
 law, Hugh le Despencer);^^ and transferred the Great Seal from 
 Nicholas de Ely"* to Walter de Merion.^'' The king's manifesto was 
 
 ^^ The king's approval of his conduct 
 was shown by the permission to retain his 
 deaneries and all his other ecclesiastical 
 preferments. He died July 13, 1262, 
 and was buried in his own cathedral. 
 Id. 
 
 ^^ Appointed archdeacon of Ely about 
 1249 (33 Hen. III). Id. 
 
 '** Third son of Alan Basset (men- 
 tioned in \ 6, p. 283), after whose death 
 he was, in 1233, on the side of Richard, 
 earl of Pembroke, but was, from 1234, 
 high in the king's favour. He was, in 
 1242, one of the commanders of knights 
 sent to the king in Poitou ; had a grant, 
 in 1243, of the custody of the lands and 
 heir of Matilda de Lucci, and, in 1252, 
 of that of the lands and heir of Richard 
 de Ripariis. He is called bailiff of the 
 king of the Romans in an entry of 43 
 Hen. III. Besides attending Henry III, 
 in his wars in France and in Wales, he 
 was, in the 2gth year of his reign, one of 
 the ambassadors to the council of Lyons 
 to complain of papal exactions; and, in 
 44 and 45 Hen. Ill, was constituted 
 governor of the castles of Oxford, Bris- 
 tol, Corff and Shirebum, with the sheriff- 
 alties of the counties in which they are 
 situate. Foss's Biogr. Jurid. 
 
 '^ Philip Basset's first wife was Ha- 
 wise or Helewise, daughter of John 
 Gray of Eaton. By her be left an only 
 
 23 
 
 daughter, Alyna, or Aliva, who had 
 first married Hugh le Despencer, the 
 chief justiciary, but was then the wife of 
 Roger Bigot, earl of Norfolk, the son of 
 Hugh Bigot ; she being thus connected 
 with three chief justiciaries, as the 
 daughter of one, the wife of a second, 
 and the daughter-in-law of a third. In 
 1257 the manor of Dimmock was granted 
 to Philip Basset, and his wife, Ela, coun- 
 tess of Warwick. She was daughter of 
 William Longspee, earl of Salisbury and 
 widow of Thomas, earl of Warwick. 
 This second wife of Philip Basset sur- 
 vived him. Id. 
 
 ^*^But by a separate patent specially 
 recommended Nicholas for his good 
 service. Id. 
 
 35' Son of William de Merton, arch- 
 deacon of Beck's, and of Christina^ 
 daughter of Walter Fitz-Oliver, of Bas- 
 ingstoke. Walter was born at Merton,, in 
 Surrey, and educated in its convent; he 
 became a clerk in chancery, and had 
 some other place in the court. As 
 usual with those officers, he received 
 •various ecclesiastical preferments, among 
 which were prebends in St. Paul's, Exe- 
 ter and Salisbury. The Great Seal was 
 temporarily placed in his hands — no 
 doubt as one of the clerks in chancery — 
 May 7, 1258, and March 14, and July 6, 
 1259. Foss's Biogr. Jurid. 
 
854 In Reign of Henry III [tit. iv 
 
 published Aug. i6, 1261.'*' 
 
 Both Hugh le Despencer and Philip Basset seem to have acted at 
 the same time till the short accommodation between the contending 
 parties, in April, 1261, when Philip Basset's appointment was fully- 
 established.™ His name appears on the plea roll of the Exchequer 
 as justiciary of England at the end of June, 1263."° 
 
 After July 5, 1261, there are several letters to Walter de Merton, 
 as chancellor ; one is from the king, thanking him and Philip Basset 
 for their attention to his affairs."" In 1263, Walter de Mcrton ceased 
 to be chancellor, on June 12, v/hen (as may be seen in the next para- 
 graph) his predecessor became his successor. 
 
 John de Caleto (or de Caux), mentioned in § 28, p, 339, was, in 
 October, 44 Hen. Ill, constituted treasurer, and continued so till his 
 death, March i, 1262."^ He was succeeded by Nicholas de Ely, to 
 whom, on the 12th of July, 1263, the Great Seal was again entrusted, 
 with the tide of chancellor."' 
 
 In 1258, on Oct. 3, three were assigned ^ ad tenendum bancum 
 regis ' at Westminster until the king more fully regulated that bench. 
 Of the three the first named was Roger de Thurkilby, the second 
 "was Gilbert de Preston, and the third was Nicholas de Hadlow (or 
 Handlo). Mr. Foss says of Roger de Thurkilby : 
 
 "On December 29, 1258, he had a grant of one hundred marks as 
 ■■ residens ad Bancum ' ; but whether the bench alluded to was the 
 Bancum regis to which he was appointed the previous year, or the 
 Common Bench or Common Pleas seems doubtful. It is difficult to 
 
 3682 Stubbs'sConst. Hist., ch. 14, p. 84. in Id. Speaking of Robert Walerand 
 
 369 Between July 15 and October 18, (mentioned in \ 27, p. 335), Mr. 
 
 1262, while the king was absent in Foss observes that "it probably arose 
 
 France, all the mandates on the fine roll from his attending the court as seneschal 
 
 were signed by Philip Basset; he pre- that, in 46 Hen. Ill (1262), the Great 
 
 sided at a council, when the earl of Lei- Seal was temporarily, put into, his and 
 
 cester, taking advantage of the king's Imbert de Munster's hands during the 
 
 absence, is said to have produced a brief chancellorship of Walter de Merton." 
 
 from the pope confirming the provisions Id. 
 
 of Oxford and recalling the king's abso- "2 He was a relative of Queen Ele- 
 
 lution (Rapin iii, 146). Foss's Biogr. anor; and is described as a pious and 
 
 Jurid. wise man. Id. 
 
 3™ Madox i, 100, is cited in Id. '" Id. 
 
 '"4 and S Rep. Pub. Rec. is cited 
 
•CH. XV.] i2i6 TO 1272. 355 
 
 decide also what position he held in the court ; but considering that 
 the salary of Henry de Bathonia was ;i{^ioo, and his only 100 marks, 
 it would seem that he occupied the second place. Nevertheless 
 there are some royal letters and commissions among the public 
 records, apparendy addressed to him as the head, (5 Rep. Pub. Rec. 
 App. ii, 63, 64,) and an anonymous writer in mentioning his sudden 
 death in the following year, describes him as ' Justiciarii Anglice 
 ^erens officium' (Leland's Collect, i, 245). He is represented as 
 being second to none in his knowledge of the laws, and with the 
 higher credit of opposing, though vainly, the iniquitous introduction 
 •of the non-obstante clause in the royal writs.""* 
 
 Roger de Thurkilby was survived by Henry de Bothonia; to whom 
 there was in 1250 (as mentioned in § 27, p. 334), a grant of ^loo a 
 year for his support 'zw officio justiciarii! and in 1253, (as men- 
 tioned in § 30,) a grant addressed 'Henrico de Bathon. et sociis suis, 
 jtisHciariis assignatis ad tenendum placita coram rege' So late as 
 i2bo, Henry de Bathonia went the circuit through eight counties; 
 though he died before the 22d of the foUoiving February.'" 
 
 William de Wilton^''^ had, Dec. 11, 1261, a grant of £100 per 
 annum to support him 'in officio justiciaries ; ' being the allowance 
 then made to those who held the chief place. It is thought he was 
 then chief justice of the King's Bench."? 
 
 J4. Of the justices generally, from 1260 to 1263; the salary to four. 
 
 Nicholas de Turri, named in § 27, p. 335, is mentioned as a justice 
 itinerant in 44 Hen. Ill (1260)."* 
 
 In the same year {1260), fohn de Gray^^^ was one of the justices 
 
 ^'^ Foss's Biogr. Jurid. ; citing Prynne head of three of the commissions. Id. 
 
 ■on 4 Inst. 132; Rapin iii, 100. See ^'^ Writs of assize, to betaken before 
 
 also Hume's Engl., oh. 12, p. 19, of him, were granted up to Nov., 1263 (48 
 
 vol. 2, N. Y. edi. 1850. Hen. III). At the battle of Lewes, May 
 
 ''* Foss's Biogr. Jurid. 14, 1264, he fought on the king's side, 
 
 '■8 Mentioned ifi g 24. He and his and was killed. Id. 
 
 -wife, Ro^sa, had, in 1256, a charter for '™ Foss's Biogr. Jurid. 
 
 a market in Kent. In 1253, and the s'* Second son of Henry, eldest brother 
 
 next two years, there are several entries of Walter de Grey, archbishop of York 
 
 of payments for writs of assize to be .(mentioned in ch. 14, § 9, p. 275, and in 
 
 taken before him. Such payments are this ch., I 24, p. 328, nole.) He had his 
 
 resumed in July, 1259; in the next two seat at Eaton, near Fenny Stratford; 
 
 years he is among the justices itinerant; was, in 23 Hen. Ill, sheriff of Bucking- 
 
 in the last of these years he is at the hamshire and Bedfordshire ; and was, in 
 
356 
 
 In Reign of Henry III 
 
 [tit. IV 
 
 itinerant sent into the counties of Somerset, Dorset and Devon, at 
 the head of whom was John de Warenne (or Plantagenet), men- 
 tioned in § 32, p. 349. John de Verdun^ was one of those sent into 
 Shropshire. Staffordshire and neighbouring counties, at the head of 
 whom was Roger de Montealto^^^ 
 
 Henry de Tracy (mentioned in § 28, p. 341) appears in 45 Hen^ 
 III, among the barons of the Exchequer/*^ 
 
 In the same year (1261) one of the justices itinerant for Hereford- 
 shire and five other counties, was Gilbert Talebot (Talbot).'*® Martin 
 de Littlebere, before whom an assizeliad been held in Kent, in 1247,, 
 was in July, 1261, appointed a regular justicier."** Adam de Grien- 
 vill^° was in three years, 1 261-3, ^ justice itinerant in several com- 
 
 30 Hen. Ill, constable of the castle of 
 Gannoc, in North Wales, and also jus- 
 tice of Chester. Notwithstanding the 
 transgression mentioned in ^ 33, he was 
 in favour in 1253. He was steward of 
 Gascony, custos of the castles of North- 
 ampton, Shrewsbury, Dover and Here- 
 ford, and sheriff of the latter county. 
 When the differences between King 
 Henry and his barons were submitted to 
 the decision of Louis, king of France, 
 he was one of the barons who under- 
 took that Henry should abide by the 
 decision ; he adhered to his king during 
 the war which followed. After the bat- 
 tle of Evesham, in 1265, he was sheriff 
 of the counties of NotHngham and 
 Derby ; and died in the following year. 
 By his first wife, Emma, daughter and 
 heir of Geoffrey de Glanville, he had a. 
 daughter and an only son, of whose 
 descendants two have been sitting in the 
 House of Peers, as Earl Wilton and 
 Earl De Grey and Ripon. Foss's Biogr. 
 Jurid. 
 
 380 One of the twelve appointed at the 
 parliament of Oxford, in 1258, to treat 
 for the whole community. He died 
 Octo. 21, 1274. Foss's Biogr. Jurid. 
 
 '8' Son of Robert de Montealto, whose 
 father built in Flintshire a castle called 
 
 then Montalt, but now Mould. In early 
 life Roger distinguished himself in op- 
 posing aggressions of David, son of 
 Llewellyn, Prince of Wales. He died 
 before June 27, 1260. Id. 
 
 382 He died about 2 Edw. I. (1273). 
 Id. 
 
 383 Son of Richard Talebot, lord of 
 Linton, in Herefordshire, by his wife, 
 Alina, daughter of Alan Basset of Wy- 
 comb, and widow of Diogo de Monta- 
 cute. Gilbert was, in 44 Hen. Ill, 
 governor of the castles of Grosmont, 
 Skenfrith and Blancminster, which, with 
 that of Monmouth, he was ordered to 
 fortify against disturbances of the 
 Welsh. He married Guenthlian, daugh- 
 ter, and eventually heir of Rhese ap. 
 Griffith, Prince of Wales. Foss's Biogr. 
 Jurid. 
 
 38<From 1 26 1, assizes to be taken 
 before him continue without interrup- 
 tion till Nov., 1272. 'He is mentioned 
 as a judge of the King's Bench in 12. 
 Edw. I. Id. 
 
 38= Paid, in 35 Hen. Ill, a fine of 40- 
 marks for a grant of the bailiwick of the 
 forest of Sellwood, in Wiltshire. After- 
 wards he was appointed justice of the 
 Jews; he is mentioned as such in 42: 
 and 44 Hen. III. 
 
•CH. XV. J 
 
 I2l6 TO 1272. 
 
 357 
 
 missions.™ Roger de Sumeri^ was, in 45 Hen. Ill (1261), a justice 
 itinerant for Cambridge and Huntingdon."*' 
 
 Alan de Zouche^^ was, in 1261, justice of all the king's forests 
 south of Trent; and in 47 Hen. Ill, a justice itinerant in the coun- 
 ties of Huntingdon, Buckingham and Northampton."" 
 
 Robert de Neville^^^ was, in 1262, at the head of the justices itine- 
 rant for the northern counties ; the pleas, however, being confined to 
 the forests."^ As to such pleas, William de Nottingham was a justice 
 
 '86 Mentioned as among the justices of 
 the Common Pleas in 50 Hen. Ill 
 (1266); till Octo., 1272, there are con- 
 tinual entries of payments for assizes lo 
 be taken before him. Id. 
 
 ^'Grandson of John de Sumeri, who 
 acquired the barony of Dudley, in Wor- 
 -cestershire, and son and (ultimately) 
 heir of Ralph. He married . Nichola, 
 third sister and coheir of Hugh de 
 Albini, earl of Arundel, on the par- 
 tition of whose inheritance, in 28 Hen. 
 Ill, he had the manor of Barewe, in 
 Leicestershire, assigned for the chief 
 seat. Id. 
 
 ^^ He fought under the king at the 
 battle of Lewes, and shared in his 
 defeat and imprisonment. Afterwards 
 he was one of those appointed to carry 
 into execution the dictum of Kenil- 
 ■worth. He died in 1272, and was 
 buried at the priory of Dudley. He 
 had by his first wife four daughters, and 
 by his second wife (Amabilia. daughter 
 of Robert de Chaucomb, and widow of 
 Gilbert de Segrave,) two sons and a 
 daughter. The eldest son, Roger, suc- 
 ceeded ; the famijy is represented in the 
 House of Lords (partly through females) 
 by the earldom of Dudley. Id. 
 
 '^ Son of Roger de Zouche, of Ashby, 
 in Leicestershire, and of North Moulton, 
 in Devonshire, who was grandson of the 
 earl of Brittany. • The grant to Alan, in 
 34 Hen. Ill, of the custody of the 
 king's lands in Cheshire and North 
 
 Wales, included in his office of custos 
 of Chester the power also of acting as 
 king's justice there. In 41 Hen. Ill, 
 he was justiciary of Ireland. From 45 
 to 50 Hen. Ill, he was sheriff of North- 
 ampton county. Foss's Biogr. Jurid. 
 
 39" In 47 Hen. Ill, he was seneschal 
 to the king. After the battle of Eve- 
 sham, he was one of the persons nomi- 
 nated to carry into execution the dictum 
 of Kenilworth. He was appointed 
 June 25, 1267, constable of the Tower 
 of London, and is inserted in the list of 
 mayors, both in 1267 and 1268; his 
 house was in Lime street. His death 
 (before Octo. 20, 1270,) arose from an 
 assault on him and his son Roger, in 
 Westminster Hall, by John, earl Warren, 
 for which a fine of 10,000 marks was 
 imposed on that earl ; he was compelled 
 to make satisfaction before pardon for 
 his offence. Id. 
 
 ^'1 Of the noble house of Raby, being 
 son of Geoffrey de Neville, whose 
 father, Robert Fitz-Maldred, lord of 
 Raby, married Isabel, daughter, and 
 ultimately heir of the first Geoffrey de 
 Neville. In 45 Hen. Ill, Robert was 
 made warden of the king's forests 
 beyond Trent. Id. 
 
 ^'^ He then was appointed captain- 
 general of the king's forces in those 
 parts, sheriff of Yorkshire, and governor 
 of the castles of York and Devizes. 
 Although he for a time was with the 
 barons against the king, yet he regained 
 
358 
 
 In Reign of Henry III 
 
 [tit. IV 
 
 itinerant in the northern counties in 46 and 54 Hen. Ill (1262-70).'" 
 Walter de Berstede^'' was a justice itinerant in 1262, in Leices- 
 tershire, and next year in Norfolk, Suffolk and Lincolnshire.''* 
 
 William de Staunton was, in 46 and 47 Hen. Ill (1262-3), a justice- 
 itinerant, with three others, in Cornwall, Devonshire, Dorset, and 
 Somerset."'* 
 
 Richard de Hemington "' was a justice itinerant in the same years ;, 
 he was a regular justicier till near the end of the reign.''^ 
 
 In 46 Hen. Ill a salary of ^40 was. granted to four justices of the 
 bench. Nicholas de Turri (mentioned in § 27, p. 335, and § 34,. 
 P- 355). is introduced in this year among the justices of the Common, 
 Pleas with this grant.''' William Bonquer (or Boncour),*"" is the last 
 named of the four ; he acted also in this and the next year as a justice 
 itinerant.*"' 
 
 Richard de Middleton was a justicier in 46 Hen. Ill (1262), and 
 continued to act as such till 1269."'' 
 
 William de Poywick*''^ was, in 46 and 47 Hen. Ill (1262-3) 3- ius- 
 
 the royal favour, and was entrusted with 
 custody of the castles of Pickering and 
 Bamburgh. He died in 1282, having 
 had by his wife, Ida, widow of Roger 
 Bertram, a son, two of whose represen- 
 tatives sat in the House of Lords as 
 Earls Abergavenny and Westmoreland. 
 Foss's Biogr. Jurid. 
 
 393 jjg ^as sheriff or under-sheriff of 
 Lincolnshire in 49 Hen. IIL Id. 
 
 ''*He was sub-sheriff of Kent to 
 Reginald de Cobbeham at his death in 
 Dec, 1257, 42 Hen. Ill; and was ap- 
 pointed to act as sheriff for the re- 
 mainder of the year. In 1262 he was 
 constable of Dover castle, and custos of 
 the Cinque Ports. Id. 
 
 s'5 He is placed among justices of the 
 bench in 50 Hen. Ill ; a writ of assize 
 was to be taken before him in the next 
 September. Id. ^^ Id. 
 
 3" In 35 Hen. Ill, he (being profes- 
 sionally engaged) appeared before the 
 king at Windsor on the part of John de 
 Bailiol, who afterwards, in 52 Hen. Ill, 
 
 proceeded against him for delivering up 
 Fotheringay castle to Baldwin Wake 
 (the king's enemy and his) without his. 
 assent. 
 
 398 Id, 
 
 399 In the iters of 46 and 47 Hen. III,, 
 he stands at the head of all the commis- 
 sions on which he is named. The only 
 fine noticed by Dugdale, as having been 
 acknowledged before him, is in 48 Hen.. 
 III. Foss's Biogr. Jurid. 
 
 *«! Employed in 1255 and 1259 on 
 missions to the pope relative to the elec- 
 tion of Prince Edmund to the crown of 
 Sicily; and upon the peace with the 
 king of France. In the letter of cre- 
 dence, on the latter occasion, he is 
 called ' milite et niariscallo regis.'' 
 (Rymer, i, 337, 386.) Id. 
 
 ^''The fines in which his name ap- 
 pears do not occur beyond Easter, 1265.. 
 Id. 
 
 ^"^Id. ' 
 
 *93 Of the clerical as well as the legal 
 profession. Foss's Biogr. Jurid.. 
 
CH. XV.] i2i6 TO 1272. 359 
 
 tice itinerant in the counties of Huntingdon, Buckingham and North- 
 ampton.*" 
 
 jj. The civil government, from the summer of 1263 until the treaty 
 of May, 126J, known as the 'Mise of Leives ;' afterwards, until 
 the battle of Evesham, in August, 1265; and from that time 
 until the 'Dictum of Kenilworth' in Nov., 1266. Especially 
 of the chief justiciary, the Great Seal, the chancellors and 
 treasurer. 
 
 In 1263, on Sept. 8, the Oxford provisions were again proclaimed 
 at St. Paul's ; the name of Hugh le Despencer appears as justiciary 
 of England to a mandate dated October i. Probably this was the 
 period at which, though the Great Seal remained in possession of 
 Nicholas de Ely, it was with a prohibition from affixing it to any 
 instrument not attested by Hugh le Despencer, the chief justiciary. 
 In the parliament which met October 14th, there was a stormy 
 debate.*"" The affairs of the Exchequer having got into great dis- 
 order, and no baron being resident there, the king, in November, 
 directed, on the ist, that Roger de la Leye*^ should fill the office of 
 a baron there, and on the 30th, that he should execute the offices of 
 treasurer and chancellor of the Exchequer.*"' In December, in the 
 reference of the Oxford provisions to the king of France, Philip 
 Basset is named without the addition of justiciary.*"" In 1263-4, an 
 award was made, Jan. 23;*°' but it was not acquiesced in by the 
 baronial party. At the battle of Lewes, May 14 (1264), the king 
 and many of his supporters were taken prisoners ; among them were 
 Philip Basset and Robert de Brus!'^" In this battle Hughle Des- 
 
 *'*He seems to have been raised to the - Exchequer. Foss's Biogr. Jurid. 
 
 bench in 50 Hen. Ill ; for from July, «" In the next year he was directed to- 
 
 1266, till August in the next year, there continue to act as baron and treasurer, 
 
 are entries of no less than eleven writs Id. 
 
 of assize to be held before him. Id. ^'^Id. 
 
 «5 2 Stubbs's Const. Hist., ch. 14, pp. ^Id.;2 Stubbs's Const. Hist., ch. 14, 
 
 86, 87 ; Foss's Biogr. Jurid. pp. 88, 89 ; Select Charters, p. 397 to 
 
 **An experienced officer of the Ex- 400. 
 
 chequer; in 35 Hen. Ill (1251), he «« 2 Stubbs's Const. Hist., ch. 14, pp. 
 
 held the office of remembrancer of the 88, 89. Foss's Biogr. Jurid. 
 
360 In Reign of Henry III [tit. iv 
 
 pencer, the chief justiciary, distinguished himself on the barons' 
 side."^ 
 
 Harvey de Boreman*^'' was among the justices of the Common 
 Pleas in 49 Hen. Ill, from Nov., 1264, till the following Easter."^ 
 
 In 48 Hen. Ill (1264), Arnald de Berkeley vizs, 'a baron of the 
 exchequer, attesting a charter with that title;*" William, le Mare- 
 schall^^^ was appointed by the council one of the barons of the 
 Exchequer; a.r\d John de Chiskull"^ vias chancellor of the Exchequer. 
 " Records state that the king's signature was made to divers patents 
 while the seal was in his custody." *" In this year Nicholas de Ely 
 resigned the office of chancellor and resumed that of treasurer.'"^ 
 
 The treaty of peace known as the ' Mise of Lewes,' is mentioned 
 by Mr. Stubbs in Select Charters, p. 400, et seq., and in 2 Const. 
 Hist, ch. 14, p. 90; "documents connected with Simon de Montfort's 
 administration" are in the first mentioned volume.*'^ His famous 
 parliament was called together by writ of December 14th, to meet at 
 Westminster on the 20th of January, 1265. By Sir Robert Cotton, 
 {who died in 1631) it was said — 
 
 "The summonses to bishops, lords, knights and burgesses are 
 
 *" After the king's defeat, no less than "'"And that he gave it up in Feb- 
 
 six castles were placed under Hugh's ruary, 1265." Id. 
 
 government with a grant of 1,000 marks *'* Madox ii, 319, is cited in Biogr. 
 
 for his support in his office. Id. Jurid. Mr. Foss says : " In September, 
 
 *^^0f a family which took its name 1266, he was elected bishop of Worces- 
 
 from a village in Essex. He was an ter, from which see he was, on Feb. 24, 
 
 officer of the Exchequer, and belonged 1267, translated to Winchester, over 
 
 to the ecclesiastical profession, being a which diocese he presided about 12 
 
 canon of St. Paul's. Foss's Biogr. years, and died on Feb. 12, 1280, at 
 
 Jurid. *12 Id. Waveley, in Surrey, where his body was 
 
 *" He had manors in Merkele, Brade- > buried, his heart being sent for inter- 
 
 feld and Brokhampton, in Hereford- ment at Winchester." Id. 
 
 shire, and seems to have been, living in *i' Writ of June 4, 1264, "for conser- 
 
 51 Hen.- HI. Foss's Biogr. Jurid. vation of the peace and summons to 
 
 *'^He was the second son of John parliament." Select Charters, pp. 402, 
 
 Mareschall (mentioned in | 6, p. 283), 403. " Form of peace determined on 
 
 and succeeded on his brother's death, in in the 'parliament" in June, 1264. Id., 
 
 1242, to the family property. Id. p. 403 to 405. Summons of Dec. 13, 
 
 "^Archdeacon of London in 1 262, 1264, to the parliament "in Octavis 
 
 and dean in 1268. Id. Sancti Hilarii proximo." Id., p. 4o6» 
 
■CH. XV.] 
 
 I2l6 TO 1272. 
 
 361 
 
 much in manner, though not in matter, alike to the use of our times. 
 This parliament was called to advise with the king pro pace asseve- 
 randa et Jirmanda; they are the words; and where advice is 
 j-equired, consultation must be admitted."*™ 
 
 Since Cotton's daly this parliament has been the subject of much 
 ■observation."' 
 
 Its great feature "was the representation of the shires, cities and 
 boroughs : each sheriff had a writ ordering him to return two dis- 
 creet knights from each shire; a like summons addressed to the cities 
 ■and boroughs, ordered two representatives to be sent from each, and 
 the barons of the Cinque Ports had a similar mandate. The writs 
 to the cities and boroughs are not addressed to them through the 
 sherifT of the county, as was the rule when their representatives be- 
 came an integral part of the parliament, and so far the proceedings 
 •of Simon do not connect themselves directly with the machinery of 
 the county court; nor is there any order for the election of the rep- 
 resentatives, but the custom of election was so well established that it 
 •could not have been neglected pn this occasion.""'^ 
 
 Thomas de Cantilupe*'^ was in 1265, on February 21, selected by the 
 •barons to fill the chancellorship.*" 
 
 The parliament continued its session until late in March ; its chief 
 business being the conclusion of the arrangements entered into in 
 the Mise of Lewes."" 
 
 *™ Printed in 1679, and reprinted in 
 Harl. Miscel., vol. 8, p. 218, of edi. 1810. 
 
 *^'3 Lingard's Engl., ch. 14, p. 160, 
 et seq.; Green's Short Hist., ch. 3, § 7, 
 p. 180; Green's Hist, of Engl. Peop., 
 book 3, ch. 3, p. 299, of vol. I. 
 
 «2 2 Stubbs's Const. Hist., ch. 14, 
 
 P- 93- 
 
 *^ Grandson of William de Cantilupe 
 (mentioned in ch. 13, I 4). About the 
 beginning of the reign of Hen. IH, 
 Thomas was born at his father's manor 
 of Hameldone, in Lincolnshire. Under 
 the advice of his uncle Walter (men- 
 tioned in I 14, p. 30S), vpho be- 
 came bishop of Worcester, Thomas was 
 brought up with a view to the clerical 
 profession, and studied at Oxford, under 
 Robert Kilwarby, who became arch- 
 bishop of Canterbury and a cardinal. 
 Thomas afterwards removed to Paris, 
 
 and applied himself to the study of 
 philosophy, in the college of Sorbonne, 
 whence he proceeded to Orleans to read 
 the civil law with an eminent professor. 
 Returning to Oxford, he applied himself 
 to the canon law and proceeded doctor. 
 The eminence of his learning pointed 
 him out, in 1262, as worthy to fill the 
 office of chancellor of the university ; 
 in performing his official duties, in the 
 suppression of a riot between southern 
 and northern scholars, he is said to have 
 greatly exerted himself, to the injury of 
 his person. Foss's Biogr. Jurid. 
 
 425 2 Stubbs's Const. Hist., ch. 14, pp. 
 93, 94. Confirmationes Regis Henrici 
 III, xiv die Martii anno regni xlix 
 M. C. C. LXIV-V, is in i Stat, of the 
 Realm, p. 31, of edi. 1810, and in 
 Stubbs's Select Charters, p. 407 to 409. 
 
362 
 
 In Reign of Henry III 
 
 [tit. IV 
 
 In this year (1265) Nicholdsde Criol*^ and Alexander le Seculer*''"' 
 are mentioned as barons of the Exchequer. 
 
 During the chancellor's temporary absence the Great Seal was. 
 placed, May 7, 1265, in custody of Ralph de Sandwich*'^ to 'ue kept, 
 by him under the seals of Giles de Argentine!''^ (one of the council,) 
 and two others who were clerks of chancery.'""' 
 
 At Evesham on the 4th of August the verdict of Lewes was re- 
 versed; and Simon of Montfort, the great earl of Leicester, was 
 slain.'"^ With him fell Hugh le Despencer, the chief justiciary. It 
 does not appear that Philip Basset was replaced in his office. But in 
 the room of Thomas de Cantilupe^^'^ the king appointed Walter 
 Giffard*^ chancellor. He was translated to the archbishopric of 
 York, October 18, 1266; soon after which he is believed to have re- 
 signed the Great Seal.*" 
 
 *^Son of Bertram de Criol, who was 
 apparently an officer in the Exchequer 
 and sheriff of Kent for many years. 
 Nicholas was entrusted with the sheriff- 
 alty of Kent in 48 Hen. Ill ; and made 
 governor of Rochester castle and warden 
 of the Cinque Ports. He died in 1272. 
 Foss's Biogr. Jurid. 
 
 *^'0f a family in Herefordshire. As 
 the king's ' beloved clerk,' Alexander 
 was constituted one of the barons in 
 Easter, 1265. Id. 
 
 *^8 0f a knightly family in Kent, in 
 which county he held the manors of 
 Eynsford and Ham. In 49 Hen. Ill, . 
 he was keeper of the wardrobe. Foss's 
 Biog. Jurid. 
 
 ■•^ Mentioned in § 28, p. 340. After 
 the battle of Lewes he joined the 
 barons, and was selected as one of the 
 council to govern the realm. He died 
 in 1283. Id. 
 
 ^^o Mr. Stubbs publishes as in 1265, 
 May 15, a "summons to parliament at 
 Winchester," the first day of June. 
 Select Charters, p. 409. 
 
 <" Green's Short Hist., ch. 3, ? 7, pp. 
 l8i, 182; Hist, of Engl. Peop., book 3, 
 
 ch. 3, p. 304, of vol. I. 
 
 *'2 He retired to Oxford, and com- 
 pleted a course of divinity by taking the 
 degree of doctor. In 1266 he was 
 appointed archdeacon of Stafford; to 
 which were added ' many and fat bene- 
 fices.' He was elected bishop of Here- 
 ford June 20, 1275. In returning from 
 a visit to Rome, he died at Monte Fias- 
 cone Aug. 25, 1282, in the 63d year of 
 his age. His bones were removed to 
 England, and entered in his cathedral.. 
 He was canonized by Pope John April 
 1 7, 1 320, and is mentioned as " the last 
 Englishman so honored." Foss's Biogr.. 
 Jurid. 
 
 ^^ Son of Hugh Giffard, and his wife, 
 Sibella de Cormaill. He became a 
 canon of Wells, and a "chaplain to the 
 pope; and May 22, 1264, was elected 
 bishop of Bath and Wells. Foss's 
 Biogr. Jurid. 
 
 *** He still continued a member of the 
 king's council, and, in 54 Hen. Ill, was 
 sheriff of the counties of Nottingham, 
 and Derby, an office which he filled 
 from that time till I Edw. I. Id. 
 
CH. XV.] I2i6 TO 1272. 363. 
 
 The severity of the parHament at Winchester in September did not 
 restore tranquility; the garrison of Kenilworth braved the royal 
 power until publication of the ordinance known as the ' Dictum of 
 Kenilworth ' ; which was proclaimed in the castle of Kenilworth the 
 day before the kalends of November, A. D., 1266.*'° 
 
 36. As to Articuli Cleri; what was done at a parliament in§i Hen. 
 
 III. Alienation from the papal see and papal institutions. 
 
 Upon the canons mentioned in § 31, p. 347, the courts being at 
 variance, there was a parliament in 51 Hen. Ill, at which Boniface 
 and the rest of the clergy exhibited as grievances articles called 
 Articuli Cleri, some of the answers to which are extant.*"* Thereof 
 Ld. Coke observes " that none of Boniface's canons against the laws 
 of the realm, and the crown and dignity of the king, and the birth- 
 right of the subject, are here confirmed."*'' 
 
 During this reign " the opposition to the papal see took deep and 
 lasting root in England; the minds of the great became visibly alien- 
 ated, not only from the Pope, but also from his most effective institu- 
 tions ; parliament frequently expressed the new sentiment, and called 
 for the diminution of the clerical power in the subtraction of its 
 affluence; the lettered mind became critical on the opinions of the 
 church. "*^« 
 
 37. The stahde of Marlbridge (52 Hen. HI) ; which conceded much 
 that had been asked for in the parliament of Oxford, in fune, 
 1258 ; and reenacted the provisions of is^g. How the shires^ 
 were represented in 52 Hen. HI. 
 
 "Many fearful and dangerous troubles and dissensions" having 
 
 *'* Select Charters, p. 402; 2 Stubbs's that act of parliament, entitled pro- 
 
 Const. Hist., ch. 14, pp. 96, 97. The hibitio formata de statuti, which was 
 
 ordinance is dated ' Secundo kalendas made in the time of Edward the first,, 
 
 Novembris anno -graUa! 1266. I Stat. about the beginning of his reign, which 
 
 of the Realm, 12 to 17; Select Charters, beginneth thus: ' Edwardus &=€., pra- 
 
 410 to 416. latis^ &c., wherein divers points are to 
 
 ^^2 Inst. 599. Ld. Coke says: " The be observed against the canons of Boni- 
 
 articles exhibited by the clergy, either face.' Id., 600. 
 
 by accident or industry, are not to be ^'^ i Turner's Engl., ch. 12, p. 449; 
 
 found." Id. Green's Short Hist., ch. 3, \ 6, p. 171 ;. 
 
 *"2 Inst. 600. Ld. Coke says: Green's Hist, of Engl. Peop., book 3,. 
 
 "What the residue of the articles and vol. i, ch. 3, pp. 279,280. 
 the answers were, may be collected by 
 
364 
 
 In Reign of Henry III 
 
 [tit. IV 
 
 grown out of the fact, " that the king sometimes allowed and some- 
 times disallowed Magna Charta and Charta de Foresta ; " *^'' now, in 
 the 52d year of the king's reign (1267), "the more discreet men of 
 the realm being called together, as well of the higher as of the lower 
 ■estate," and it being desired to have ' peace and tranquility,' it was, 
 in parliament at Marlebridge,*^ considered the remedy should be, 
 I, the "establishing of Magna Charta and Charta de Foresta""'^ as 
 is done in chapter 5 ; "^ and, 2, such further enactments as are made 
 by the statute of Marlebridge, the first of which has the subjoined 
 preamble,"' and is as follows : ^ 
 
 " That all persons, as well of high as of low estate, shall receive 
 Justice'''''^ in the king's court**'; and none from henceforth shall take 
 
 «»2 Inst., 102. 
 
 *^"Now called Marleborough, a 
 town in Wiltshire, the greatest fame 
 whereof is the hglding of this parlia- 
 ment there." 2 Inst., loi. 
 
 **'Ld. Coie observes:. "That after 
 this parliament neither Magna Charta 
 nor Charta de Foresta was ever at- 
 tempted to be impugned or questioned : 
 whereupon ' peace and tranquility,' 
 whereof" the "preamble speaketh, have 
 ever since ensued." 2 Inst. 102, 108. 
 
 "''See post, p. 365. 
 
 «3 « Whereas, at the time of a commo- 
 tion late stirred up within this realm, 
 and also sithence, many great men, and 
 -divers others, refusing to be justified by 
 the king and his court, like as they 
 ought, and were wont in time of the 
 king's noble progenitors, and also in his 
 ■time, but took great revenges and dis- 
 tresses of their neighbours, and of others, 
 until they had amends and fines at their 
 own pleasure; and, further, some of 
 them would not be justified by the king's 
 officers, nor would suffer them to make , 
 delivery of such distresses as they had 
 taken of their own authority." 2 Inst., 
 102; I Stat, of the Realm, ig. 
 
 *"It follows— I. " That all men, high 
 and low, must be justified — that is, have 
 
 and receive justice in the king's courts 
 of justice. 2. That no private revenge 
 be taken, nor any man, by his own arm 
 or power, revenge himself; and this 
 article is grounded upon the law of God, 
 vindicta est mihi et ego retribuam, 
 saith Almighty God. All revenge must 
 come from God, or from his lieutenant, 
 the king, in some of his courts of jus- 
 tice. 3. That all the subjects of the 
 realm ought to be justified — that is, sub- 
 mit themselves to th% king's officers 
 of justice according to law. 4. That 
 they ought to suffer replevies to be 
 made according to the law, to the end 
 that men may possess their horses, 
 beasts, and other cattle, and goods in 
 peace, whereof they have so great and 
 continual use.'' 2 Inst., 103. 
 
 ^'SFor all causes ought to be heard, 
 ordered and determined before the 
 judges of the king's courts,, openly in 
 the king's courts, whither all persons 
 may resort, and in no chambers or 
 other private places, for the judges are 
 not judges of chambers but of courts ; 
 and therefore in open court, where the 
 parties, counsel and attorneys attend, 
 ought orders, rules, awards and judg- 
 ments to be made and given, and not in 
 chambers or other private places, where 
 
CH. XV.] i2i6 TO 1272. 365 
 
 any such revenge or distress of his own authority, without award of 
 our court, though he have damage or injury, whereby he would have 
 amends of his neighbour, either higher or lower. And upon the 
 aforesaid article it is provided and granted, that if any, from hencfe- 
 forth, take such revenges of his own authority, without award of the 
 king's court, (as before is said,) and be convict thereof, he shall be 
 punished by fine; and that, according to the tresspass. And likewise 
 if one neighbor take a distress of another, without award of the 
 king's court, whereby he hath damage, he shall be punished in the 
 same wise, and that after the quantity of tresspass. And nevertheless 
 sufficient and full amends shall be rriade to them that have sustained 
 loss by such distresses." ^'^ 
 
 After enactments in chapters 2, 3 and 4,**' it is provided as follows : 
 
 5. "The great charter"'*(i) shall be observed in all his articles, as 
 well in such as pertain to the king as to other; and that shall be 
 enquired afore the justices in eyre in their circuits, and afore the 
 sheriffs in their counties when need shall be. And writs shall be 
 freely granted against them that do offend before the king, (2) or the 
 justices of the bench, (3) or before justices in eyre when they come 
 into those parts. Likewise the charter of the forest shall be observed 
 in all his articles, and the offenders, when they be convict, shall be 
 grievously punished by our sovereign lord, the king in the form 
 above mentioned." (4) 
 
 After chapters 6,"' 7, 8 and 9 there is the following: 
 
 10. "For the turn'°° of sheriffs, it is provided that archbishops, 
 
 a man may lose his cause, or receive got the name of Magna Charta, and by 
 
 great prejudice or delay in his absence that name only is here confirmed." 2. 
 
 for want of defence. Nay, that judge Inst., 108. 
 
 that ordereth or ruleth a cause in his (2.) "That is, in the king's bench." 
 
 chamber, though hif order or rule be 2 Inst., 108. 
 
 iust, yet offendeth he the law (as here it (3.) " That is," according to Ld. Coke, 
 
 appeareth), because he doth it not in " in the court of common pleas." 2 
 
 court. And the opinion is good, and Inst., 108. So, in ch. 7, where the words 
 
 agreeable to this law, qui aliquid are ' coram justiciariis,' he says, " this 
 
 statuerit parte inaudita altera, aquum is before the justices of the court of com- 
 
 licet statuerit, haud cequus fuerit. mon pleas." Id., 114. 
 
 Neither are causes to be heard upon (4.) 2 Inst., 108 ; i Stat, of the 
 
 petitions, or suggestions, or references, Realm, 20. 
 
 but in curia domini regis" 2 Inst., ^^Robert Walrand, who penned and 
 
 pp. 103, 104. preferred this '■ was learned in the laws 
 
 *«2 Stat., 102; I Stat, of the Realm, of the realm.' 2 Inst., 199. See of 
 
 19- ^™- I 27, P- 335. I 33. P- 354- 
 
 **' Which may be noticed in a future **"" This tourne of the sheriff is '«■««'« 
 
 edition of 2 Rob. Plract. vice-corn franci plegif (as it hath been 
 
 **8(i.) "By this time this charter had said), and therefore this act extendeth 
 
366 
 
 In Reign of Henry III 
 
 [tit. IV 
 
 bishops, abbots, priors, earls, barons nor any religious men or 
 women,*" shall not need to come thither, except their appearance be 
 especially required thereat for some other cause; but the turn shall 
 be kept as it hath been used in the times of the king's noble progeni- 
 tors. And they that have hundreds "^ of their own to be kept, shall 
 not be bound to appear at any such turns, but in the bailiwicks where 
 they be dwelling. And the turns shall be kept after the form of the 
 great charter, and as they were used in the tirpes of king Richard 
 and king John." *^^ 
 
 This chapter, which is numbered 25 in 2 Inst., 147, and 24 in 
 I Statutes of the Realm, 25, is as follows : 
 
 " The justices in eyre from henceforth shall not amerce townships 
 in their circuits, because all being twelve years old came not afore 
 the sheriffs and coroners, to make inquiry of robberies, burnings of 
 houses or other things, pertaining to the crown ; so that there come 
 sufficient out of those towns, by whom such inquests may be made 
 full; except inquests for the death of man, whereat all being twelve 
 years of age ought to appear, unless they have reasonable cause of 
 absence."*" 
 
 to all leets and views of frank pledge, 
 of all other lords and persons." 3 
 Inst. 121. 
 
 **^ " Befor-e the making of this statute, 
 the sheriff in his tourne, and the lords 
 of leets, did use to amerce archbishops, 
 priors, earls, barons, religious men and 
 women, if they came not to the tournes, 
 or to the leets of others, because for suit 
 real no distress can be taken, but for the 
 amerciaments for default of suit,- which 
 this act doth remedy." 2 Inst., 120. 
 
 " By the common law, parsons of 
 churches, that had curam animarutn, 
 the better to perform their function, were 
 not compellable to come to tournes or 
 leets; and if they were distrained to 
 come thither, they might have a writ," 
 (grounded upon the common law). " But 
 other clerks (that be no parsons of 
 churches with cure), under which name 
 all ecclesiastical persons, regular and 
 secular, are contained, if they be dis- 
 trained to come to tourne or leet, they 
 shall have a writ reciting this statute." 
 2 Inst., 121. " So likewise women shall 
 have the like writ." Id. 
 
 452 1< Here hundredum is taken pro visu 
 franci plegii ; so as the sense is that he 
 which hath tenements in the toum, and 
 in some other view of frank pledge of 
 some other lord, or in divers views of 
 frank pledge, he shall not need to come 
 to any other but where he is conversant, 
 and hundreds here are named, because 
 sheriffs (as hath been said) kept their 
 tournes in every hundred." 2 Inst., 122. 
 
 *^'2 Inst., 109; I Stat, of the Realm, 
 p. 22. 
 
 *5* Before this statute there were two 
 mischiefs, i. "That if the sheriff did 
 present before the justices in eyre that 
 those of the age of twelve years came 
 not to the toum, that the townships 
 where they dwelt should be amerced ; " 
 it was said they should be sworn 
 " (amongst other things) that they should 
 do no felony, nor assent to any, and 
 therefore, although they could not be 
 present ad inquis^ faciend., being under 
 age of 21, yet they ought to be there to 
 take the oath, and to discover felonies, 
 if any they knew, according to their 
 oath." 2. " That when any robbery. 
 
•CH. XV.] i2i6 TO 1272. 367 
 
 Mr. Stubbs observers that "the parliament of Marlborough, 
 November 18, 1267, reenacted the provisions of 1259, as a 
 statute;"*^ and that "except the demand for the appointment of 
 ministers and the election of sheriffs, the statute of Marlborough 
 concedes almost all that had been asked for in the mad*°° parliament; 
 and from its preamble it seems not improbable that the shires were 
 represented by their chosen knights in the assembly that passed it." **' 
 
 j8. Of the treasurer and chancellor of the-, exchequer, and the custody 
 of the Great Seal,frpm^o Hen. III. {1266) until the end of the 
 reign. Richard de Middleton, keeper of the Great Seal in 1269, 
 was afterwards raised to the dignity of chancellor. 
 
 In 50 Hen. III. Thomas de Wymundham, (mentioned in §29,) was 
 addressed as treasurer of the exchequer.**' Godfrey Giffard^'^ 
 occupied in May, 1266, the post of chancellor of the exchequer.**" 
 
 After the promotion (Octo. 18, 1266) of Walter Giffard to the arch- 
 bishopric of York, Godfrey Giffard was appointed chancellor. In 
 1268 though he was elected bishop of Worcester in June, yet he con- 
 tinued chancellor till October 29th. On the 30th the Great Seal was 
 again committed to the custody of ^o^w </(? Chishull;*^^ he retained 
 it till the end of July, 1269. In February, 1270, he was constituted 
 
 burning of houses, homicide or other "Statutes Revised," edi. 1870, p. 6 to 
 
 felony was done, the sheriff, for so much 15. 
 
 as pertained to him, or the coroner in *5*The parliament of Oxford in June, 
 
 case of the death of man, would sum- 1258, was, by the king's partizans, called 
 
 mon many townships, and sometime a the mad parliament. 2 Stubbs's Const, 
 
 whole hundred, where twelve would Hist., ch. 14, p. 79. 
 
 serve to make enquiry; and if all did *"/</., pp. 96, 97. 
 
 not appear according to the summons, ^\n 52 Hen. Ill, he received the 
 
 they would present the same before the precentorship of Lichfield. This is the 
 
 justices in eyre, when the whole town- last year in which he is described as 
 
 ships or hundred were amerced, albeit treasurer; but he was alive in 1275. 
 
 many times a sufficient number to make Foss's Biogr. Jurid. 
 
 enquiry did appear." This statute pro- *^ Brother of Walter Giffard, arch- 
 
 vides one remedy for both the mischiefs. bishop, of York, Nov. 6, 1265, collated 
 
 2 Inst., 147. archdeacon of Barum (Barnstaple.) Id. 
 
 *55 I Stat, of the Realm, pp. 19-25. *«i>And had permission to appoint a 
 
 The statute of Marlborough remains substitute to act during his absence. Id. 
 
 in force in England, and is in I «i Mentioned in? 35, p. 360, and »o/^. 
 
368 
 
 In Reign of Henry III 
 
 [tit. IV 
 
 treasurer; in this office he continued about two years/^^ 
 
 Roger de la Leye (mentioned in §36) was in 52 Hen. III. again 
 constituted chancellor of the exchequer, and remained so until about. 
 1270, when William de Clifford*^^ became his successor, with a salary 
 of /40 a year.*'* ^ 
 
 Richard de Middleton (mentioned in § 35) was at the end of July, 
 1269, appointed keeper of the Great Seal, but was afterwards raised 
 to the dignity of chancellor.*"' On his death (August 7, 1272) the 
 Great Seal was delivered into the king's wardrobe under the seal of 
 John de Kirkeby^ who, it is believed was then either an officer of 
 the Exchequer or a clerk of the chancery.*" 
 
 jp. Of the justices generally from ^o Hen. III. {1266) until the end 
 of the reign. 
 
 John de la Lynde^^ acted as a justiciar in Yorkshire. His name , 
 appears as such in Trin. 1266, on a fine, in the next year on pleas of 
 the court, and in May, 1270, in a payment for an assize to be taken 
 before him in Essex.*^' 
 
 **^ His election to the bishropric of 
 London was Dec. 7, 1273. He died 
 Feb. 8, 1280, and was buried in St. 
 Paul's. Foss's Biogr. Jurid. 
 
 463 -Whose name is frequently abbre- 
 viated in the Rolls to Cliff. He was the 
 king's escheator, on the south side of 
 Trent, from Octo., 1265, till May, 1268; 
 and does not appear as a baron of the 
 Exchequer until 55 Hen. IH (1270). 
 Foss's Biogr. Jurid. 
 
 ^^ By which title he is designated in a 
 document in Rymer (i., 492), dated Feb. 
 20, 1272, and in the record mentioning 
 his death, which took place while in of- 
 fice, on the 7th of the following August. 
 Foss's Biogr. Jurid. 
 
 *^ Rector of the church at St. Berian 
 in Cornwall, dean of Wimburn in Dor- 
 setshire, a canon in the cathedrals of 
 Wells and York, and in 1272 (56 Hen. 
 Ill) archdeacon of Coventry. Id. 
 
 *^'0n the king's death, Nov. 16, fol- 
 
 lowing, the seal was delivered up by 
 him to the king's council. Id. ; citing 
 7 Rep. Pub. Rec, App. ii, 239, for 
 the statement that among the records in- 
 the Tower there is " a letter a'ddressed 
 to him as the king's vice-chancellor about, 
 this time." 
 
 ■•Bs t pf ancient descent and special 
 note,' in Dorset county, where he was 
 bailiff 01 Blakemore forest. One of his. 
 family, probably himself, having killed 
 a white hart which Henry III while 
 hunting had spared on account of its 
 beauty, was not only imprisoned and 
 fined, but his lands were subjected to an 
 annual tax under the name|of the 'White- 
 Hart Silver.' He resided at Hartley in; 
 Great Minton. In 1250 he was joint 
 custos of the city and tower of London., 
 At some period he was employed in 
 Gascony by the king. Foss's Biogr.. 
 Jurid. 
 
 IS!" In 1272 he died possessed of ma.- 
 nors and lands in six counties. Id. 
 
CH. XV.] 
 
 I2l6 TO 1272. 
 
 369 
 
 John Le Breton"'^ was raised to the bench at the end of 50 Hen. 
 III. In the next year the keeper of the wardrobe was directed by 
 the king to supply 'Johanni le Breton et Henrico de Monteforti, jus- 
 ticiariis suis' with the full robes which the other judges were 
 accustomed to be provided with.*" 
 
 To the bench Henry de Monteforti"'^ was raised about October, 
 1266;*" axydjohn Le Moyne"^ and William de Pqywick"^ about the 
 same time.*" 
 
 Roger de Messenden"'' was raised to the bench at midsummer on 
 or before 51 Hen. IK. (1267); he is mentioned as one of the justices 
 of the bench before whom Robert de Coleville apologized for an 
 assault on Robert de Fulham, justice of the Jews, in Mich. T. 1268. 
 Robert Fulcon was raised to the bench in September, 1267.*'* 
 
 In 52 Hen. III. (1268) William de Grancurt and Simon Passelewe 
 are noticed as barons of the Exchequer.*" 
 
 Peter de Brus, son of Peter de Brus or Bruis (mentioned in § 12, 
 p. 302) was a justice itinerant for Yorkshire in 52 Hen. III. (1268.)*^° 
 
 *•"> Son of a knight of that name who 
 was buried (with his wife) at Abbey 
 Dore, in Herefordshire. In 38 Hen. 
 Ill, the county and castle of Hereford 
 were in his custody. Id. 
 
 "^ Selden's Hengham Magna, 5 ; cited 
 in Biogr. Jurid. Mr. Foss.adds : " The 
 entries of assizes before him continue 
 till the end of Dec, 1268, or beginning 
 of Jan., 1269. On the 13th of the lat- 
 ter month the king consented to his 
 election as bishop of Hereford, when he 
 no doubt retired from the bench. He 
 was consecrated in July (1269), and 
 presided over the see about six years, 
 dying in May, 1275 (3 Bdw. I). 
 
 *" With the addition of ' Clericus,' he 
 appears, in 48 Hen. Ill (1263), as an 
 escheator south of the Trent; and also 
 as one of the conservators of the peace 
 in Kent. Foss's Biogr. Jurid. 
 
 *w Thenceforth, till the end of the 
 reign, fine rolls contain entries of writs 
 for assizes before him. Id. 
 24 
 
 *'* Mentioned, ante, p. 348, Dec. 3, 
 1265, he and Robert de Fulham were 
 constituted justices of the Jews ; but he 
 did not long remain in this office. Id. 
 
 *'5 Mentioned in \ 34, p. 358. 
 
 ^™ At the end of Sept., 1266, there are 
 entries of assize to be held before them, 
 which extend to August, 1267, in the 
 counties of Hereford, Gloucester and 
 Worcester. Dec. 25, 1268, John Le 
 Moyne appears as the king's escheator 
 south of Trent; there are mandates to 
 him in that character till Aug. i, 1270. 
 He died about 1274. Foss's Biogr. 
 Jurid. 
 
 *" A chaplain of the king ; presented 
 by him to Colchyrch in London. Foss's 
 Biogr. Jurid. 
 
 "8 Id. 
 
 ^'"Id. 
 
 ■i^ In the next year he was appointed 
 constable of Scarborough castle. He 
 died Sept. 18, 1272. Foss's Biogr. 
 Jurid, 
 
370 
 
 In Reign of Henry III 
 
 [tit. IV 
 
 During the whole of 52 Hen. III. Adam de Cestreton^^ was perform- 
 ing the functions of a justiciar.**" 
 
 John de Cobbeham^ was in 52 Hen. III. a justice itinerant for 
 Surry and Kent, and was advanced to the bench at Westminster ii> 
 February, 1270, 54 Hen. III.*** 
 
 Walter de Helyan is described in the Patent Roll of 52 Hen. III. 
 as 'justiciarius noster' and continued in office to the end of the 
 reign.*"^ 
 
 John de Oketon*^ was a justice itinerant in various counties from 
 52 to 56 Hen. Ill; and a regular justiciar up to October 29, 1272.**' 
 
 Lawrence del Broke^ was raised to the bench before Feb. 1267-8, 
 and remained in office till the end of the reign.**^ 
 
 Roger de Seyton was a justicier from April 1268 (52 Hen. Ill) till 
 the end of the reign.*™ 
 
 John de le Strode was a justice itinerant in 52 Hen. Ill (1268), for 
 Somersetshire, Dorsetshire and eleven other counties.*'^ 
 
 *8' Before 17 Hen. Ill, the king 
 founded a house for the maintenance of 
 converted Jews, in the street then called 
 * New street,' but now known as Chan- 
 cery Lane,, endowing it with many 
 houses and lands, and bestowing on it 
 the church of St. Dunstan, in Fleet 
 street. Over this ' Domus conversorum' 
 a custos was appointed. Adam de Ces- 
 treton, an ecclesiastic and an officer of 
 the court, received, in 50 Hen. Ill 
 {1265), a grant of the custody of this 
 house for his life. Id. 
 
 *8^He died at the beginning of the 
 next year. Id. 
 
 *8SSon of John de Cobbeham (men- 
 tioned in \ 23, p. 327); was made con- 
 stable of Rochester castle so early in life 
 that he was called the young constable ; 
 he was entrusted with the sheriffalty of 
 Kent for four years, from 44 Hen. III. 
 His seat was at Monkton, in the isle of 
 Thanet. Foss's Biogr. Jurid. 
 
 *^ Mr. Foss says, " in which court is 
 uncertain, as the mode of designating 
 
 them was then scarcely fixed." Id. 
 
 *^ Was sheriff of Yorkshire in 44 Hen. 
 Ill, and for several subsequent years; in 
 52 Hen. Ill, there is an entry that he 
 could not levy the ferm for the county 
 'propter turbationem regnV Id. 
 
 "^'Id. 
 
 *^An advocate of very high standing; 
 employed as early as 1253 on the part 
 of the crown ; there being no less than 
 seventeen entries in that year in which 
 he acted for the king in suits before the 
 court. He resumed that position in 
 1260, and was regularly engaged in the 
 king's behalf until Christmas, 1267. Id. 
 
 ^^ He died in 3 Edw. I, in possession 
 of considerable property in the counties 
 of Buckingham, Kent, Hertford and 
 Oxford. Id. 
 
 «" Foss's Biogr. Jurid. 
 
 *'^He was of a family holding in 
 those counties large estates, which de- 
 scended from Warinus de la Strode, a 
 companion of the Conqueror, Id. 
 
CH. XV.] 
 
 I2l6 TO 1272. 
 
 371 
 
 Thomas Treveti^'^ acted as a justice itinerant for Dorsetshire and 
 aieighboring counties from 52 to 55 Hen. III.*'* 
 
 Robert Walerand (mentioned in § 27, p. 335, § 34, p. 354 note 371 
 and § 37, p. 365) tvas restored to his place on the bench at least 
 as early as April, 1268.*'* 
 
 The designation of ' Magister,' always placed before th£ name of 
 Hichard de Stanes, proves him a clerical judge. He seems to have 
 -acted as a justice itinerant before he became a justicier, visiting eleven 
 counties in the former capacity in 52 Hen. Ill (1268), while his appoint- 
 ment as a justice of the King's Bench did not take place till the follow- 
 ing year. From July, 1 269, till the end of the reign, there are frequent 
 entries of assizes to be held before him. In 55 Hen. Ill, he is 
 specially mentioned as a 'jusHciarius adplacita tenenda coram rege;' 
 and in the last month of the reign, 1272, he had a salary of ;^40 a 
 year assigned to him." *'^ 
 
 Roger de Clifford^ was, in 1269, at the head of the justices itine- 
 rant in Rutland and five other counties. *°' 
 
 *'^ Said to be descended from a family 
 of note in Norfolk. He was appointed, 
 in 49 Edw. Ill, to assess the tallage on 
 the 'Villam de Shaftonia,' in Dorset- 
 shire. He was the father of Nicholas 
 Trevet, author of numerous works, one 
 of which, entitled ' Annates sex regum 
 JLnglice qui a comitibus Andegavensibus 
 ■originem taxerunt,' was published in 
 1845 by the English Historical Society. 
 Id. 
 
 «3In Aug., 1272 (56 Hen. HI), the 
 priory and cathedral of Norwich hanging 
 been maliciously burnt, he was, accord- 
 ing to his son's statement in the 
 -' Aunales' (^279), sent there to try the 
 •malefactors. He died in II Edw. I. 
 His son became a Dominican friar, and 
 is stated to have been prior of their 
 monastery in London, and to have died 
 in 1328. Id. 
 
 ^^Mx. Foss mentions "the frequent 
 -entries of assizes to be held before him" 
 
 from April, 1268, till August, 1271, and 
 states that " he died about Edw. I, and 
 was found possessed of 16 manors and 
 extensive possessions in 8 counties.'' Id. 
 
 ^^Id. 
 
 *'^ He traced his descent from Richard, 
 Duke of Normandy, grandfather of Wil- 
 liam, the Conqueror. Roger, grandson 
 of Fair Rosamond's father, married 
 Sibilla, daughter and heir of Robert de 
 Ewyas, and widow of Lord Tregoz. 
 The son of Roger and Sibilla was Roger, 
 (a minor at his father's death in 16 Hen. 
 Ill), who attended the king in his expe- 
 dition into France in 43 Hen. III. He 
 was on the king's side at Northampton, 
 and in Wales, and at Evesham. In 
 1266 he was justice of the forests south 
 of the Trent, the duties of which office 
 he performed till he went to the Holy 
 Land, in 1270. Foss's Biogr. Jurid. 
 
 «' Id. 
 
372 In Reign of Henry III . [tit. iv 
 
 John de Reygate^ was a justicier from May, 1269, to August,, 
 1271."'' 
 
 William de St. Omero^ had a grant, in the 53d year, of a salary 
 of ■;^40 ' quamdiu placiiis pmdidis intenderit!^^ ' 
 
 January, 1270 (54 Hen. Ill), is probably the date of the appoint- 
 ment of "kalph de Hengham^ as a justice of the King's Bench. 
 The entries of assizes before him are very numerous ; and the rap- 
 idity with which he established his reputation in the court is evinced 
 by his standing at the head of the circuits during the next two years 
 till the end of the reign.^"' 
 
 Nicholas de Yattinden^ had writs of assize addressed to him from 
 Sept., 1270, to Aug., 1271 (54 and 55 Hen. Ill); in the next year is 
 a record of a trial before him 'et sociis suis' in which he is called 
 'justic. domini regis! ^ 
 
 Stephen Heym, a.justice of the Common Pleas at Easter, 55 Hen. 
 Ill (1271); there are writs of assize in his name till the end of the 
 reign *'"' 
 
 Ralph de Marsh, as abbot of Croyland,^"' stands at the head of 
 the justices itinerant, in 56 Hen. Ill, for Leicester county .^^ 
 
 John de Spalding, prior of Spalding, was eminent for his know- 
 ledge of the laws, and had been summoned to council in 49 Hen. III. 
 He was a justice itinerant in Essex in 56 Hen. Ill (1272).^°' 
 
 *5*In 52 Hen. Ill, king's escheator signed within three years and a half, 
 
 north of Trent ; an office which he held Foss's Biogr. Jurid. ^os jj 
 
 to the end of the reign. Id. ^"^ Married Aliva, widow of Henry de 
 
 *^ Id. Balhonia (mentioned in \ 33, p. 355). 
 
 ^oHad custody of the castle of Here- In 53 Hen. Ill, Windsor castle and 
 
 ford, in 38 Hen. III. Id. forest, with other manors, were placed in 
 
 5" Id. his charge. Id. 
 
 so^ Son of Sir Andrew de Hengham, of ^w He died in i Edw. I, possessed of 
 
 a knightly family, seated at St. An- considerable property in Berkshire and 
 
 drew's manor at Hengham, in Norfolk. Norfolk. Id. 
 He was brought up to the then com- 6O6 Poss's Biogr. Jurid. 
 
 monly united professions of the church 60' He had been a monk there; he 
 
 and the law, in the former of which he was raised to the abbacy about Octo., 
 
 held a canonry in St. Paul's, and the 1254. Id. 
 
 chancellorship of Exeter, to which he ^i* He died on Michaelmas day, 128 1, 
 
 was collated in 1275, but which here- Id. ^^ Id. 
 
CH. XV.] i2i6 TO 1272. t 373 
 
 In 1272, William de Weyland^^" was a justice itinerant for Leices- 
 ter county; and was appointed a justicier of Westminster.^" 
 
 His son, Thomas de Weyland, was, in 1272, associated with Roger 
 de Seyton as a justice itinerant into the counties of Essex and Hert- 
 ford."^ 
 
 40. Of men at the head of courts from 51 Hen. Ill, until the 
 end of the reign; Nicholas de Turri, in ji Hen. Ill; Robert 
 de Brus, in 1268, 'capitalis justiciarius ; ' filbert de Preston, 
 in i26g, with a grant of 100 marks annually. What was the 
 position of Henty de Br acton; whether he became chief justice. 
 
 In 51 Hen. Ill a writ directing the removal of a process from his 
 court to the Exchequer, is addressed 'Nicholao de Turri™' et sociis 
 suis justiciariis ' (Madox i, 236) ; which (Mr. Foss observes) would 
 seem to imply that he was then at the head of the court."* 
 
 Robert de Brus. (mentioned in § 27, p. 335, § 28, p. 341, and § 35, 
 P- 359)) who had, in October, 1266, resumed a place on the bench, 
 was, March 8, 1268, appointed ' capitalis justiciarius ad placita coram 
 rege tenenda.' It is stated by Mr. Foss that he is " the first who was 
 distinctly constituted chief justice of the King's Bench;" and. that 
 "he had a salary of one hundred marks assigned to him.""^ 
 
 Gilbert de Preston, mentioned in § 23, p. 327, before whom there 
 were pleas as stated below,"* is, in 1268, called justiciarius de banco' 
 
 ' 5W Son^ of Herbert de Weyland, and the years which intervened before the 
 
 Beatrix, his wife. From Sept., 1261, he death, in 1290, of Margaret, queen of 
 
 was escheator south of Trent ; there is Scotland, when he became a competitor 
 
 an instance of a mandate to him in that for the crown of that kingdom. There 
 
 character, April 24,1265. Id. being a reference to Edw. I, and his 
 
 ^^^ Id. ^^' M, decision (in 1292) being in favour of 
 
 *'' Mentioned in g 34, p. 355. John Baliol, Robert de Brus retired in 
 
 5" He died, most probably, in 1270, disgust. He died in 1295, at his castle ' 
 
 when he ceased to act ; if so, he would of Lochmaben, and was buried at the 
 
 then have sat on the bench between 19 monastery of Gisburne (in Cleveland), 
 
 and 20 years. An entry in 51-52 Hen. which had been founded by his ancestor, 
 
 III, relative to land at Gretelington, in the first Robert. Foss's Biogr. Jurid. ; 
 
 Wiltshire, indicates that he was parson i Buchanan's .Scotland, book 8, p. 390, 
 
 of the church of All Saints in that place. ei seq. of vol. i, edi. 1827, 
 
 Foss's Biogr. Jurid. ^i"At Westminster, in 1263, before 
 
 ^^ He does not appear on the judicial him and John de Wjrvill; and, in 1267, 
 
 bench after Edward's accession, and before him and- John de la Lynde. 
 
 nothing is related of his career during Foss's Biogr. Jurid. 
 
374 In. Reign of Henry III [tit. iv 
 
 (Madox i, 236), and was at. the head of the justices itinerant in vari- 
 ous counties. In 1255 his salary was 40 marks per annum; in 1269. 
 he had a grant of one. hundred marks annually for his support 'in 
 officio justiciaries! But the actual title of chief justice does not 
 appear to have been applied to him till the following reign.*" 
 
 Henry de Bracton (mentioned in sections 23, and 27, p. 327, and. 
 p. 334) was undoubtedly a great lawyer, and has been spoken of as 
 chief justice in the reign of Henry III.*'* There is an interval after 
 the death of Hugh le Despencer, in 1265, and before the appoint- 
 ment of Robert de Brus, in 1268, during which Bracton, whose judi- 
 cial duties did not terminate till 1267, might possibly have held the 
 office of chief justice ; but Mr. Foss thinks there is want of proof 
 that he attained that elevation."' In his latter years he may have 
 been on the bench longer than any judge sitting with him,™ and by 
 reason of his seniority may (without a new commission) have pre- 
 sided over his court. As a writer, he is the subject of observations 
 in chapter 17, sections 8, 9 and 10. 
 
 4T. Of arrangements for Prince Edward to go to Palestine ; of par- 
 liamentsfrom i26g to I2'j2 ; and of King Henry's death, Novem- 
 ber 16, 12^2. His character. 
 
 "In 1268 Edward took the cross, and two years after left England 
 for Palestine." " On the occasion of the translation of S. Edward, 
 October 13, 1269, he brought together in a great assembly at West- 
 minster, not only the magnates, lay and clerical, but the more power- 
 ful men of all the cities and boroughs. After the ceremony the 
 magnates held a parliament, and debated on a grant of a twentieth of 
 moveables to the king." Two or three parliaments were held in 1270 
 to complete the taxation of 1 26^ and relieve the king from his vow 
 of crusade by a formal prohibition. In July the Londoners were 
 received into favor, and their forfeited charters recovered. In a par- 
 liament held on the 13th of January, 1271, the lands of all the disin- 
 
 M'/rf. 6i9Biogr. Jurid. 
 
 5W Ld. Ellesmere, in State Tr. ii, 693 ; ^'^ The suggestion that he may have 
 
 3 Bayle's Diet., p. 565, of Lond. edi. survived Henry, and died in the reign of 
 
 1735 ; 2 Biogr. Brit., p. 537, of Lond. Edw. I (2 Biogr. Brit., p. 539, of Lond. 
 
 edi. 1780; Best, C. J., in 1828, in Rex edi. 1780), is not adopted by Mr. Foss, 
 
 V. Yarborough, 2 Bligh, N. S., l6o; who observes that "he died about 1267, 
 
 S. C. {Giffordy. Yarborough), t, Bingh., as in that year his judicial duties evi- 
 
 163, IS Eng. C. L. dently terminated." Biogr. Jurid. 
 
CH. xv.J i2i6 TO 1272. 375 
 
 herited were restored." "The king of the Romans died on the 12th 
 of December the same year.""' 
 
 In the spring of 1271, the king (of England) had been in immi- 
 nent danger and earnestly required (by letter) the return of Prince 
 Edward."' 
 
 "Henry III paid several visits tc^Bury. In 1272 he held a parlia- 
 ment here, and then proceeded to Norwich to punish the authors of a 
 violent insurrection against the prior and monks of that city. He 
 returned to this town" (Bury St. Edmunds) "when he was seized 
 with the disorder which soon afterwards terminated his reign and 
 life."='^ 
 
 So it is stated by Thomas Dugdale. That Henry's death was " at 
 Edmund'sbury in Suffolk" appears elsewhere."* It was on the six- 
 teenth of November, 1272, when he had reigned more than fifty-six 
 years."" His burial was "in the abby of Westminster of his own 
 foundation." "° Thfere is a monument to his memory by his son."' 
 
 In section 2, in a note on p. 277, is mention of an observation as to 
 Henry III that " he had scarce half a kingdom in the beginning of 
 his reign." Fuller, who so said, further observes : 
 
 " 2. He had no part of a kingdom in the middle of his reign, em- 
 broiled with war with his barons, beaten in battle, imprisoned, and no 
 king in effect. 3. He had all the kingdom in the end of his reign ; 
 for as soon as Prince Edward began to man it, this his son may be 
 accounted his father, by whom he attained a comfortable old age." "* 
 
 Fuller makes other contrasts ; saying, 
 
 " He was a most pious king, son to a profane father (King John) ; 
 
 6" 2 Stubbs's Const. Hist., ch. 3, pp. Coke says " this king reigned longest of 
 
 97, 98; 3 Lingard's Engl., pp. 156, r57. any king since the conquest, or before. 
 
 In the same year (1271), March 3, at that we remember, for he reigned 56 
 
 Viterbo, Richard's son, Henry, was years." 2 Inst., loi. 
 
 assassinated. Id., p. 156. '^^2 Fuller's Worthies, edi. 1840, p. 
 
 ^^Id. 6; 3 Lingard's Engl., ch. 2, p. 158. 
 
 523 2 Dugdale's Engl, and Wales, tit. sjt « jn the tenth year of his reign," 
 
 Bury St. Edmunds, pp. 327, 328. Edward "built a superb monument for 
 
 5" Pamphlet printed in 1697, and re- his father at Westminster, of some valu- 
 
 printed in 10 Harl. Miscel., edi. 1810, able jaspar which he had brought out of 
 
 p. 294; 2 Hume's Engl., N. Y. edi. France." 2 Turner's Engl., ch. 2,, p. 
 
 1850, p. 61 ; 3 CoUyer's Engl., edi. 1775, 43, note lo; citing Trivet, p. 254. 
 
 pp. 167, 168. ^^"2 Fuller's Worthies, edi. 1840, p. 5. 
 
 "^Id., (3 Collyer) p. 167. Lord 
 
376 In Reign of Henry III. [tit. iv 
 
 a very poor king, brother to a most wealthy, (Richard, king of the 
 Romans) ; a very weak king, father to a most wise son, Edward the 
 First." ='«' 
 
 Henry's character is also described by writers of our time.^'° Mr. 
 Stubbs say of him : 
 
 "Accomplished, refined, liberal, magnificent; rash, rather than 
 brave, impulsive and ambitious, pious, and in an ordinary sense, 
 virtuous, he was utterly devoid of all elements of greatness. The 
 events of his reign brought out in fatal relief all his faults and weak- 
 nesses, making even such good points as he possessed contribute to 
 establish the general conviction of his folly and falseness. Unlike 
 his father, who was incapable of receiving any impression, Henry 
 was so susceptible of impressions that none of them could last long; 
 John's heart was of millstone, Henry's of wax ; yet they had in com- 
 mon a certain feminine quality of irresolute pertinacity which it 
 would be a mockery to call elasticity. Both contrived to make in- 
 veterate enemies, both had a gift of rash, humorous, unpardonable 
 sarcasm; both were utterly deficient in a sense of truth or justice. 
 Henry had, no doubt, to pay for some of the sins of John ; he inher- 
 ited personal enmities and utterly baseless ideas as to the character 
 of English royalty. °" He outlived the enmities, and in the hour of 
 his triumph found that his ideas could not be realized. Coming 
 between the worst and the best of our kings, he shares the punish- 
 ment that his father deserved and the discipline that trained the 
 genius of his son, without himself either unlearning the evil or learn- 
 ing the good." ^^' 
 
 ^^» Id. 1879, p. 266. 
 
 ™Stubbs's Select Charters, edi. 1870, ^si pgf gj-acton's view of kingly power, 
 
 PP- 3°7j 3°S ; 3 Freem. Norm. Conqu., and as to kings being under the law, 
 
 edi. 1873, pp. 23, 24; Green's Short see his work, pp. 5, 34, 107. 
 
 Hist, ch. 3, \ 5, edi. 1876; Hist, of 5323 stubbs's Const. Hist., ch. 14, pp. 
 
 Engl. Peop., book 3, vol. i, ch. 2, edi. 98, 99, of edi. 1875. 
 
■CH. XVI.] 
 
 1272 TO 1307. 
 
 377 
 
 CHAPTER XVI. 
 
 INSTITUTIONS IN THE REIGN OF EDWARD I— 1272 
 
 TO 1307. 
 
 I. The regency until Edward's return to England. 
 
 " Edward, at the time of his father's death, was far away in the 
 lEast, but no one questioned his right to succeed." — "His reign 
 Taegan on the day of his father's funeral, when, without waiting for 
 his return, the earl of Gloucester, followed by the barons and pre- 
 lates, swore to observe the peace of the realm and their fealty to 
 their new lord."^ — "Three days after the funeral, on the 23d of 
 November, 1272, the royal council put forth a proclamation in the 
 name of the new king, announcing that the kingdom had, by hered- 
 itary succession, and by the will and fealty of the 'proceres,' devolved 
 on him, and enjoining the observance of the peace. The question 
 of regency was already settled.'"' — "The great seal of Henry III 
 had been, on the morning after his death, delivered to the archbishop 
 of York,^ as the first lord of the council, and in his hands, assisted 
 by Roger Mortimer, a baron, and Robert Bumell^ a royal clerk, 
 
 I2 Stubbs's Const. Hist., ch. 14, pp. 
 102, 103. His "reign was calculated, 
 not from the day of his father's demise, 
 but from that on which he was publicly 
 recognized." I Mackintosh's Engl., 
 p. 208, of Phila. edi. 1830. It " began on 
 the 20th November, 1272; on which day 
 the oath of fealty was taken by the 
 barons at Westminster." — "'Henceforth 
 (with the single exception of Edward 
 III), to the deposition of Henry VI, the 
 date of the king's accession was the day 
 following the death of his predecessor." 
 Stubbs's Select Charters, pp. 437, 438. 
 " It was not until the reign of Edward 
 IV that the still newer theory was ac- 
 cepted, that the king never dies, that the 
 demise of the crown at once transfers it 
 from the last wearer to the heir, and that 
 
 no vacancy, no interruption of the peace, 
 occurs at all." I Stubbs's Const. Hist., 
 ch. 14, p. 103. 
 
 ■"Id. 
 
 ' Walter Giffard. He was made con- 
 stable of the Tower of London, and, 
 according to Philpot, was also treasurer. 
 The date of his death was probably 
 April 25, 1278. He was buried in York 
 Cathedral. Foss's Biogr. Jurid. 
 
 •*Born at Acton-Burnell. In 1265, 
 50 Hen. Ill, he is described as clerk or 
 secretary to Edward. He accompanied 
 this prince to the Holy Land, but re- 
 turned before him. He became canon 
 of Wells, and archdeacon of York, and 
 probably held some office in the Ex 
 chequer. Id, 
 
378 Reign of Edward I [tit. iv 
 
 the government remained until the king came home. This arrange- 
 ment, which had been made for the guardianship of the realm, 
 during Edward's absence, as early as 1271, was confirmed in a great 
 assembly of the magnates held at Hilarytide, 1273, at which the 
 oath of allegiance was taken, not only by the prelates and barons, 
 but by a body of representatives, four knights from each county and 
 four citizens from each city."^ "The regency worked economically 
 and well."' 
 
 2. Of breaking the old and making a new seal. Walter de Mer- 
 ton chosen chancellor. Until the king's return he stayed at 
 Westminster, where in banco, cases were heard. When Edward 
 received intelligence of his father's death; when and what he 
 wrote to Chancellor Merton. 
 
 "The old seal was delivered to the archbishop of York, Nov. 17 
 (Feed. I, 497); it was broken on the 20th (Liber, de Antt. Leg., p. 
 153). On the 2ist, a meeting of the council was held at the New 
 Temple, and a new seal made, Walter de Merton being chancellor." ' 
 
 The selection of Merton as chancellor was by the council ; * he was 
 directed to stay (until the king's return) at Westminster, where, 
 'in banco! all the cases were to be heard that required the action of 
 the king's judges.' 
 
 In 1273, in the spring, at Capua, intelligence of his father's death 
 was received by Edward,'" and it is said with greater emotion than 
 was excited by the loss of his infant." On Aug. 9, from ' Mellune 
 super Skeneham,' or 'Mellune on Seine,' Edward wrote 'to his 
 beloved clerk and chancellor ' : 
 
 • " We give you special thanks for the diligence you have applied 
 to our affairs and those of our kingdom, beseeching that what you 
 have so laudably begun you will happily take care to continue, caus- 
 ing justice to be done to every one in matters which belong to your 
 
 5 2 Stubbs's Const. Hist., ch. 14, pp. i" Green's Hist, of Engl. Peop., book 
 
 103, 104. 3, ch. 4, p. 320, of vol. I. 
 
 ^Id., p. 104. And it seems without "The king of Sicily expressing sur- 
 
 itinerant justices. Id., p. 271. prise, Edward answered, 'a son may be 
 
 ' 2 Stubbs's Const. Hist., ch. 14, p. 102, replaced, but the loss of a parent is irre- 
 
 note I. mediable.' 2 Turner's Engl., ch. 2, pp. 
 
 8 Foss's Biogr. Jurid. A document on 42, 43, note 9 (citing Wals., p. 3) ; Miss 
 
 the Close Roll, dated on the 29th, is at- Strickland's Queens of Engl., vol. 2, pp.. 
 
 tested by him in that character. Id, 94, 95, of Boston edi. 1857. 
 
 "2 Stubbs's Const. Hist.,ch. 14, p. 104. 
 
CH. xvi.J 1272 TO 1307. 37& 
 
 office, inducing others also to do the same, not sparing the condition 
 or rank of any person, so that the rigour of justice may control those 
 whom the sense of equity cannot restrain from injuries. Those 
 things which you have rightly done in this matter, we, God willing, 
 will cause to be fully confirmed."" 
 
 Several letters were addressed to Chancellor Merton by Robert 
 Burnel." 
 
 J. Appellatives of chief justices before cmd in, and since i Edw. I. 
 Mode of creating justices. Title of Chief fustice applied to 
 Gilbert de Preston in i Edw. I. He was Chief fustice of the 
 King's Bench. Who, during the regency, were justice t of that 
 court and of the Common Pleas; and barons of the Exche- 
 qtier. Whether during that period there were justices itinerant. 
 
 "Before the reign of King Ed. I, the king's chief justice was 
 sometime called summus justitiarius, sometime prcesidens justitia- 
 rius, and sometimes capitalis justitiarius. In anno primo, Ed. I, his 
 chief justice was called capitalis justitiarius ad placita coram rege 
 tenenda, and so ever since ; and this chief justice is created by writ, 
 and all the rest of the justices of either bench, by letters patents." " 
 
 "The actual tide of chief justice does not seem to have been 
 applied to" Gilbert de Preston till the reign of Edward I; then "on 
 his reappointment, he was so called." ^ Mr. Foss quotes a remark 
 of Dugdale '° which raises the question whether Gilbert de Preston's 
 chief justiceship was of the king's bench. As to the Common Pleas, 
 Mr. Foss's statement that "he continued to preside there till his 
 death, which occurred in 1274," is in conflict with his statement 
 as to Roger de Seyton, that "on the accession of Edward I, he 
 was continued in the common pleas, and was constituted chief justice 
 of that court in Michaelmas of the second year." " As to Ralph ^ 
 
 12 1 Campbell's Lives of the Chancel- Jurid. 
 
 lors, ch. 10, in note on p. 162, of edi. '6«xhat he is the first whom he has 
 
 1846, pp. 156, 157, of edi. 1874; Foss's observed to have the title of capitalis. 
 
 Biogr. Jurid.; citing 6 Rep. Pub. Rec. justiciarius of the court of common 
 
 App. ii, 89. pleas.'' Id. 
 
 "^Foss's Biogr. Jurid.; citing 6 Rep. "Mr. Foss observes as to Roger de 
 
 Pub. Rec, App. ii, 92, 93, 113. Seyton, that, in this second year, healso 
 
 "So Lord Coke says in 2 Inst., 26. stands at the head of the justices itin- 
 
 15 "In the liberate that grants him erant; and, further, that "as the last 
 
 livery of his robes." Foss's Biogr. fine acknowledged before him is dated. 
 
380 
 
 Reign of Edward I 
 
 [tit. IV 
 
 de Hengham, who in the reign of Henry III was a justice of the 
 king's bench, the statement of Mr. Foss"' shews that he could not 
 Jiave been chief justice until the latter part of 2, or some part 
 of 3 Edw. I." From the accession of Edward I, until between 
 Nov., 1273, '^'^d Sept., 1274, unless the office of chief justice of the 
 king's bench, was filled by Gilbert de Preston, no one appears in it. 
 
 In I Edw. I, Walter de Helynn is ' one of the justices appointed 
 to hold the pleas of the lord -the king.' '^ Three others are Martin 
 de Littlebere^^ Nicholas de Stapleton^'^ and William de Sahan^ 
 
 Rohert Fulcon^ Stephen Heym"^ and Henry de Monteforti'^ were, 
 on Edward's accession, continued as justices of the Common Pleas, 
 together with Roger de Seyton and Ralph de Hengham, before 
 -named. 
 
 William de Weyland was also a justice of the Common Pleas in 
 the first year of this reign.^' 
 
 on the octaves of Trinity, 6 Edw. I, 
 1278, the period of his death or retire- 
 ment may be fixed about that time." 
 Biogr. Jurid. 
 
 1^ Mr. Foss says : " That, on the acces- 
 sion of Edw. I, he was immediately 
 removed to the Common Pleas, appears 
 from a fine having been levied before 
 him in Nov., 1272; and that his eleva- 
 tion, as chief justice of the King's 
 Bench, must have been between Nov., 
 1273, and Sept., 1274 (though Dugdale 
 does not name him in that character till 
 1278), is proved by an entry of pleas, 
 ' coram domino rege et R. de Hengham 
 et sociis suis, justiciis de banco domini 
 regis in Octabis S. Michaelis, anno 
 regno, de secundo, incipienie tertio apud 
 Westm.' (Abb. Placit. 263.) He held 
 this office until 1 8 Edw. I. Biogr. Jurid. 
 
 ^"In 4 Edw. I, he was paid twenty 
 pounds for his expenses in visiting 
 ' eleven places to expedite the king's 
 business.' Foss's Biogr. Jurid. 
 
 '■''■Id. Dugdale quotes a liberate in 
 his favour in the following year, after 
 
 which his name does not occur. Id. 
 
 ^^Id. In 6 Edw. I, a salary of fifty 
 marks yearly was assigned to him in 
 that character. He was -summoned to 
 parliament among the judges up to 16 
 Edw. I; judicial acts of his are recorded 
 until Trin. 17, Edw. I (1289). He died 
 in 1290. Id. 
 
 ^ He continues for many years to act 
 as a judge of the king's bench; he was 
 in various itinera till 18 Edw. I, when 
 he was removed. Id. 
 
 ^ Fines were levied before him till 
 about Michaelmas. 2 Edw. I. He is 
 mentioned as a justice itinerant till 15 
 Edw. I, and probably till then retained 
 his position on the bench. Foss's Biogr. 
 Jurid. 
 
 ^ Fines were levied before him from 
 55 Hen. Ill, till 3 Edw. I (1274), when 
 he died. Id. 
 
 ^ An entry on the liberate rolls of 
 3 Edw. I, names him as a justice on the 
 bench ; he died at the end of the next, 
 or beginning of the following year. Id. 
 
 ^' His name then appearing on the 
 acknowledgment of a fine. Id. 
 
CH. xvi.J 1272 TO 1307. 381 
 
 Richard de Stanes, who, in the reign of Henry III, was a justice 
 of the king's bench, may have retained that place on Edward's 
 accession ; but if so, he must have been removed to the Common 
 Pleas in that or the following year."* Thomas de Weyland was a 
 judge of this court as early as Michaelmas, 2 Edw. I.'" 
 
 It seems probable that John de Reygate, who, in the reign of 
 Henry III, was a justicier, continued after Edward's accession, to be 
 a justicier at Westminster.'" 
 
 Harvey de Boreman (mentioned in ch. 15, § 35, p. 360) is, in 
 I Edw. I, recorded as a baron of the Exchequer.'^ Roger de la 
 Leye continued one of the court during the first two years of 
 Edward's reign, and then was a third time raised to the office of 
 chancellor of the Exchequer.'" Walter de Hopton^ was, April 24, 
 1274 (2 Edw. I), a barori of the Exchequer.'* In the same year 
 (2 Edw. I) Roger de Norihwood^ was, and about the same year 
 John St. Valerico (or St. Walerico)^ was also a baron of the Exche- 
 quer. Philip de Wilughby is mentioned as being present in Mich- 
 aelmas, 3 Edw. I (1275), with the title of baron of the exchequer. 
 How long before that term he had the tide — whether it was during 
 the regency or not, — does not clearly appear." 
 
 ^Inasmuch as from Michaelmas in ^'^ hsX.o\ivca.i.&e:post,\Z. 
 
 the latter, till Feb., 1276, fines were ''In 1272 he acted as a justice itin- 
 
 levied before him. He was present at erant in Worcestershire. Id. 
 
 the council held at the following '* At the end of that, or the beginning 
 
 Michaelmas. Id. of the following year, he was removed 
 
 '^ Some fines haying been levied into the King's Bench ; he is mentioned 
 
 before him at that date. Id. as a justice itinerant in 6 Edw. I. Id. 
 
 ™ He was, in 3 Edw. I, the third of ^^ In 5 Edw. I, he was excused from ser- 
 
 four justices itinerant into Worcester- vice in the army against Wales on ac- 
 
 shire ; and, in the next year, the head of count of his residence in the Exchequer ; 
 
 four justices of assize. In 6 Edw. I, he continued in the office till his death, 
 
 his name in two commissions of itinera which occurred in 13 Edw. I. Id. 
 
 was preceded only by that of the bishop ^ He is not mentioned as such after 
 
 of Worcester. In 7 Edw. I, he headed 1276. -Jd. 
 
 the circuit into Dorset, Somerset and "SoRi after Mich. 3, Edw. I (1275), 
 
 Wilts; in 12 Edw. I, a writ was ad- he received the custody of one of the 
 
 dressed to him, and another to hold an four keys of the royal treasury, his 
 
 assize in Northumberland. (Abb. Placit. annual fee in the capacity of baron being 
 
 276.) Foss's Biogr. Jurid. . 40 marks, and in the latter capacity ;£^lo.. 
 
 s^And probably continued so till his Foss's Biogr. Jurid. 
 death, in 5 Edw. I. lA. 
 
382 
 
 Reign of Edward I 
 
 [tit. IV 
 
 If, during the regency, the regular judges were assisted by any as 
 justices itinerant,'* it is supposed to have been only in Middlesex," 
 where the judicature was under the eye of the government."' 
 
 4. In 12^3 of Edward at Bologna ; of Accursius and his son Fran- 
 ciscus, who followed Edward to London. In 12^4. the coronation. 
 Walter de Merton succeeded as chancellor by Robert Bumel. 
 fustices for assises beyond the Trent. 
 
 "Edward I, A. D. 1273,' came to Bologna on his return from the 
 Holy Land, and took into his service Franciscus, the son of Accur- 
 sius."" 
 
 In 1274 the son "was in attendance on Edward at Limoges in 
 May."*'' A short time afterwards he followed the king to London. 
 In that year (1274) Edward was crowned on August 19;*^ on Sept. 2, 
 Franciscus Accursius was sent as a proctor to the French court.** 
 
 Walter de Merton, having been elected bishop of Rochester 
 
 ^^2 Stubbs's Const. Hist., ch. 14, 
 p. 104, and ch. 15, p. 271. 
 
 '^ Solomon de Rochester (or, as his 
 name is abbreviated, Solomon de Hoff), 
 a canon of St. Paul's, was selected as a 
 justice itinerant to assist the regular jus- 
 tices in Middlesex in 2 Edw. I ("1274). 
 In the following year he acted in Wor- 
 cestershire. Foss's Biogr. Jurid. 
 
 *" 2 Stubbs's Const. Hist., ch. 14, p. 104. 
 
 " I Spence's Eq., 131. The father 
 and son were both of them remarkable 
 men. 
 
 Accursius, a law professor, bom in 
 Florence, taught in Bologna, and wrote 
 a gloss on the whole body of the law — ■ 
 a work which was found so useful to 
 students, that it eclipsed previous expo- 
 sitions. He died in 1229, aged seventy- 
 eight years. In Bologna, in the church 
 of the Franciscans, is a monumeS with 
 this short and simple inscription : ' the 
 sepulchre of Acoursius, the expounder 
 of the law, and of Francis, his son.' 
 I Bayle's Gen. Diet., ed. 1734, p. 150 to 
 152. 
 
 The son was " so highly esteemed by 
 
 the citizens of Bologna, that upon hear- 
 ing he was to follow the king of Eng- 
 land," " they commanded him not to 
 leave tjieir city upon pain of having his 
 whole estate confiscated." Id., p. 152. 
 The confiscating it "obliged him to 
 return back, when it was restored to 
 him." Ibid. Mr. Stubbs observes: 
 " He is the Francesco mentioned by 
 Dante in the Inferno, Canto xv," 
 2 Const. Hist., ch. 14, p. 107, note 2. 
 "7i/., p. 107, ngte 2; citing Foed. i, 
 
 511.512- 
 
 ^'The year of Edward's arrival in 
 England, and of his coronation, is erro- 
 neously printed 1273, in Miss Strick- 
 land's Queens of Engl., vol. 2, p. 195, of 
 Phila. edi. 1857. It is correctly men- 
 tioned as 1274, in Penny Magazine for 
 1834, p. 494; Foss's Biogr. Jurid. ; and 
 2 Stubbs's Const. Hist., ch. 1-4, p. 105. 
 
 ** Id., p. 107, note 2 ; citing Foed. i, 
 516, 524. From that time he was em- 
 ployed in many affairs of state; he 
 went twice as ambassador from Ed- 
 ward to France, once in 1278 to Pope 
 Nicholas III. i Spence's Eq., p. 131. 
 
CH. XVI.] 1272 TO 1307. 383 
 
 about July 20, resigned the chancellorship on September 21/^ On 
 the same day (Sept. 21) Robert Bumell was raised to the chancel- 
 lorship. 
 
 "Die Veneris in festo SancU Matth. Apostoli, magnum sigillum 
 regis liberatum fuit Roberto Bumell Archidiacono Eborum, apud 
 • Windsor & statim inde consignavit bievia cancellarim tam de cursu 
 quam- de precepto." *° 
 
 Soon justices were appointed to take assizes beyond the Trent.*' 
 
 J. Of Edward as a lawgiver; of those who ably assisted him, 
 especially Francis Accursius and Chancellor Bumell. How 
 reforms began which gained for Edward the title of the Eng- 
 lish fustinian. 
 
 " Edward was by instinct a lawgiver, and he lived in a legal age, 
 the age that had seen Frederick II legislating for Sicily, Lewis IX 
 for France, and Alfonso the Wise, for Castile, the age that witnessed 
 the greatest inroad of written law upon custom and tradition that 
 had occurred since the date of the Capitularies ; *' that saw the growth 
 of great legal schools in the universities, and found in the revived 
 Roman Jurisprudence a treasury of principles, rules and definitions 
 applicable to systems of law which had grown up independently of 
 the Imperial codes. Bracton had read English jurisprudence by the 
 light of the Code and Digest, and the results of his labour were 
 adapted to practical use by Fleta and Britton.*' Edward had by his 
 side Francesco Accursi,' the son of ' the great Accursi of Bologna, 
 the writer of the glosses on the civil law, a professional legist and 
 
 ** After commencing to erect at Mai- Chester cathedral. In 1598, the marble 
 
 don, near Merton, he altered his inten- tomb which covered his remains was 
 
 tion, and proceeded to erect at Oxford taken down, and an elegant monument 
 
 the college which bears his name, and erected in its place by the warden (Sir 
 
 removed to it the warden and priests of Henry Savile) and the fellows of Merton 
 
 the former. Merton college is the most college. Foss's Biogr. Jurid. 
 
 ancient establishment of that nature. ^ i Roll's Abr., tit. Chancellor, p. 
 
 As to its incorporation there are three 386, pi. 8 ; citing 2 E. I, Rot. Patentium, 
 
 charters: the ist Jan. 7, 1264 (48 Hen. m. 8. 
 
 Ill) ; the 2d in 1 270 ; and the 3d in *' William de Northburg is mentioned 
 
 1274 (2 Edw. I). They were con- as one of "the justices appointed in 3 
 
 suited as precedents on the foundation Edw. I (1275) to take such assizes. 
 
 of Peterhouse, the earliest college in the Foss's Biogr. Jurid. 
 
 sister university. *8 ggg Horae Juridicas Subsecivje iii, 
 
 After presiding over his see little more 2, p. 86 to 88, of Phila. edi. 1808. 
 
 than three years, Bishop Merton was *' Bracton, Britton and Fleta are the 
 
 drowned in crossing the Medway on subject of particular observations in ch. 
 
 Octo. 27, 1277, and was buried in Ro- 17, g 8. 
 
384 
 
 Reign of Edward I 
 
 [tit. IV 
 
 diplomatist;'" but he found probably in his chancellor, Burnell," and 
 in judges like Hengham^"^ and Britton^ practical advisers to whose 
 propositions, based on their knowledge of national custom and 
 experience of national wants, the scientific civilian could add only- 
 technical consistency." ** 
 
 Robert Burnel was elected bishop of Bath and Wells in January ^ 
 1275;** but he did not retire from the chancellorship; and with his 
 able assistance " began the series of reforms which have gained for- 
 Edward the title of the English Justinian."^ 
 
 '" 2 Stubbs's Const. Hist., ch. 14, p. 
 107 and p. 110. It is stated by Mr. 
 Stubbs that Francesco Accursi remained 
 for several years in Edward's service. 
 Id., p. no; that " on Dec. 7, 1276, the 
 sheriff of Oxford was directed to pro- 
 vide him with lodgings in the king's 
 manor house there" (Selden on Fleta, 
 p. 526, from Rot. Pat., 4 Edw. I); that 
 " he was at the Parliament of 1276" 
 (Statutes i, 42) ; " was sent to Rome in 
 1278" (Foed. i, 562); that "he swore, 
 fealty to Edward at Lyndhurst, Octo. I, 
 1281" (Foed. i, 598.) 2 Const. Hist., 
 p. 107, note 2. Mr. Spence says : " A 
 hall at Oxford was appropriated for" the 
 use of him, " called by Edward • Famil- 
 iaris nosier, jfuris chillis professor' ; " but 
 there is no trace of his having taught in 
 England. 
 
 In 1281 he left England; the king 
 gave him a gratuity of 400 marcs ster- 
 ling, and promised to pay him an an- 
 nuity of 40 marcs. In 1 282 he appears 
 again as a teacher in Bologna. In 1290, 
 five years arrears of his annuity were 
 paid to him by the king's orders. He 
 died in 1293 at the age of sixty eight, 
 and by his will made considerable dona- 
 tions for charitable purposes in England 
 and elsewhere." i Spence's Eq.,p. 131. 
 
 ^' Mr. Foss says of him and the 
 chancellorship : " He filled this office all 
 the remainder of his life, and never, 
 during the eighteen years that it lasted, 
 lost the confidence of his royal master." 
 
 Biogr. Jurid. 
 
 5^ His reputation as a lawyer had been, 
 established. Id. 
 
 5' Mr. Foss supposes that jfohn L. 
 Breton retired from the bench in 1269. 
 (the year in which he became bishop of 
 Hereford), and that he died in 4 Edw. 
 II. Id. 
 
 5* 2 Stubbs's Const. Hist., ch. 14, pp. 
 107, 108. 
 
 55 And consecrated at Merton in the 
 following April. On the abdication of 
 the archbishopric of Canterbury, by 
 Robert Ascwardby in 1278, the monks 
 elected Bishop Burnel as his successor, 
 but the pope annulled the appointment, 
 and placed John Peckham in the seat. 
 Foss's Biogr. Jurid. It may be observed 
 that the name which Mr. Stubbs prints 
 Burnell is by Mr. Foss printed Burnel. 
 
 56 "Absurdly enough," Lord Camp- 
 bell says: "As the Roman emperor 
 merely caused a compilation to be made 
 of existing laws, whereas the object now 
 was to correct abuses, to supply defects, 
 and to remodel the administration of 
 justice." I Lives of the Chancellors,, 
 ch. 10, p. 165, of edi. 1846, p. 159, of 
 edi. 1874. But " a title" (sajrs Mr. 
 Stubbs), " which if it be meant to de- 
 note the importance and prominence of 
 his" (Edward's) " legislation and the 
 dignity of his position in legal history,, 
 no Englishman will dispute." 2 Const. 
 Hist., ch. 14, p. 105. 
 
CH. xvi.] 1272 TO 1307. 385 
 
 " In the judicial reforms to which the earlier part of his reign was 
 devoted, we see, if not an ' English Justinian,' at any rate a clear- 
 sighted rnan of business, developing, reforming, bringing into distinct 
 shape, the institutions of his predecessors."" 
 
 6. Of Edward' s first parliament ; its work, the statute of Westmin- 
 ster the first {i2jf), almost a code by itsqlf. Especially of chap- 
 ters 4, J, 25, 26, 2g, JO and 46 ; observations thereon by St. Ger- 
 man, Lord Coke and Mr. Stubbs. 
 
 The parliament of which Pinkerton wrote in his ' Iconographia 
 Scotica'^^ deserves attention. 
 
 This parliament "met on the 22d of April, 1275. It was a remark- 
 able assembly, a great and general parliament, and is described as 
 containing not only the prelates and barons, but ' the community of 
 the land thereto summoned'; the king legislates, 'par sun conseil,' 
 and with the common consent of the persons summoned. The 
 statute of Westminster the First was the work of the session. This- 
 act is almost a code by itself; it contains fifty-one clauses."*' Chap- 
 ters 4, 5, 25, 26, 29, 30 and 46 are as follows: 
 
 4. " Concerning wrecks of the sea, it is agreed that where a man, a 
 dog or a cat escape quick out of the ship^ that such ship nor barge, 
 nor anything within them, shall be adjudged wreck; but the goods 
 shall be saved and kept by view of the sheriff, coroner, or the king's 
 bailiff, and delivered into the hands of such as are of the crown 
 where the goods were found. So that if any sue for those goods, 
 and after prove that they were his, or perished in his keeping, within 
 a year and a day, they shall be restored to him without delay; and if 
 not, they shall remain to the king, and be seized by the sheriffs, coro- 
 ners and bailiffs, and shall be delivered to them of the town, which 
 shall answer before the justices, of the wreck belonging to the king. 
 And where wreck belongeth to another than to the king, he shall 
 have it in like manner. And he that otherwise doth, and thereof be 
 attainted, shall be awarded to prison, and make fine at the king's will, 
 and shall yield damages also. And if a bailiff do it, and it be dis- 
 allowed by the lord, and the lord will not pretend any title thereunto, 
 
 "Green's Short Hist., ch. 14, ^ 2, made at Westminster at his first par.- 
 
 p. 192. liament general, after his coronation on 
 
 ^Published in 1797, and in the Penny the Monday of Easter Utas, the third 
 
 Magazine for 1832, pp. 493, 494. year of his reign, by his council anil by 
 
 *' Select Charters, p. 438 to 441 ; the assent of archbishops, bishops, ab- 
 
 2 Stubbs's Const. Hist., ch. 14, pp. 108, bots, priors, earls, barons, and all the 
 
 109 ; Green's Hist, of Engl. Peop., book commonalty of the realm, being thither 
 
 3, ch. 4, p. 321, of vol. I. According to summoned." i Stat, of the Realm> 
 
 the preamble thereof, "these be the acts p. 26; 2 Inst., p. 157. 
 of King Edward, son to Kiiig Henry, 
 
 25 
 
386 
 
 Reign of Edward I 
 
 [tit. IV 
 
 the bailiff shall answer if he have whereof; and if he have not 
 whereof, the lord shall deliver his bailiffs body to the king."*" 
 
 5. "And because elections ought to be free, the king commandeth 
 upon great forfeiture, that no man, by force of arms, nor by mahce 
 or menacing, shall disturb any to make free election." *' 
 
 25. " No officer of the king,"'' by themselves, nor by other, shall 
 maintain pleas, suits or matters hanging in the king's courts, for 
 lands, tenements or other things, for to have part or profit thereof by 
 covenant made between them ; and he that doth shall be punished at 
 the king's pleasure.''"' 
 
 26. "And that no sheriff nor other the king's officer take any 
 reward to do his office, but shall be paid of that which they take of the 
 king ; and he that so doth shall yield twice as much, and shall be 
 punished at the king's pleasure.""* 
 
 ""l Stat, of the Realm, 27; 2 Inst., 
 166. As to whether Richard dealt with 
 the laws of Oleron, or improved Aari- 
 time law, see ch. 12, § 15, p. 232,. As 
 to " the common law of wreck of the 
 sea," and the operation of this statute of 
 Westm. i, see Constable's case, 5 Rep. 
 lo8 b ; 2 Inst., 166, ei seq.; Doct. & 
 Stud., ch. 49 and 51, pp. 318 and 323, 
 of edi. 1721. 
 
 6^1 Stat, of the Realm, 28. "There 
 were two mischiefs before the making of 
 this statute : i . For that elections were 
 not duly made. 2. That elections were 
 not freely made. And both these were 
 against the ancient maxim of the law — 
 ^ Fiant electiones rite et libere sine inter- 
 ruptione aliqua' ; and again, ' Electio 
 libera est' " — " In the irregular reign of 
 Hen. Ill, the electors had neither their 
 free nor their due elections; for some- 
 times by force, sometimes by menaces, 
 and sometimes by malice, the electors 
 were framed and wrought to make 
 ejection of men unworthy, or not eligi- 
 ble, so as their election was neither 
 due nor free. This act briefly re- 
 hearseth the old rule of the common law, 
 (for that elections ought to be free) 
 wherein both the said points are in- 
 cluded: I. It must be a due election; 
 and 2. It must be a free election." And 
 the act " extends to all elections, as well 
 by those that at the making of this act 
 
 had power to make them, as by those 
 whose power was raised or created 
 since this act." 2 Inst., 168, 169. 
 
 ^^JVul minister le roi extends to the 
 judges of the realm as well as to them 
 that have ministerial offices. 2 Inst., 
 207. For that the king's ministers or 
 officers within his courts were in place 
 to do more mischief therein to the sub- 
 verting of justice and truth than others : 
 therefore this act provideth only against 
 the king's ministers and officers of his 
 courts. Id., 209. 
 
 ^ I Stat, of the Realm, 33 ; 2 Inst., 207. 
 
 s* I Stat, of the Realm, 33 ; 2 Inst., 209. 
 " This statute is made in affirmance of a 
 fundamental maxim of the common law, 
 which is non cafiant vice-comites, vel 
 alii ministri regis prcemium, vel merce- 
 dem, vel aliquid pro officio suo faciendo, 
 sed tantum de feodis suis &, domino rege 
 sint contenti." — "The alteration of any 
 of those maxims of the common law 
 is most dangerous." — " While sheriffs, 
 escheators, coroners and other ministers 
 of the king, whose offices any way did 
 concern the administration or execution 
 of justice, or the good of the common 
 weal, could take no fee at all for doing 
 their office, but of the king; then had 
 they no colour to exact any thing of the 
 subject, who knew that they ought to 
 take nothing of them. But when some 
 acts of parliament, changing the , rule of 
 
•CH. xvi.J 1272 TO 1307. 387 
 
 29. "If any Serjeant, pleader or other, do any manner of deceit, or 
 collusion in the king's court, or consent unto it, in deceit o<f the 
 court, or to beguile the court, or the party, and thereof be attainted, 
 he shall be imprisoned for a year and a day, and from thenceforth 
 shall not be heard to plead in that court for any man ; and if he be 
 jio pleader, he shall be imprisoned in like manner by the space of a 
 year and a day at least; and if the trespass require greater punish- 
 ment, it shall be at the king's pleasure."'* 
 
 30. "And inasmuch as many complain themselves of officers, cryers 
 of fee, and the marshals of justices in eyre, taking money wrongfully 
 of such as recover seisin of land, or of them that attain their suits, 
 and of fines levied, and of jurors, towns, prisoners, and of others 
 attached upon pleas of the crown, otherwise than they ought to do, 
 in divers manners ; and forasmuch as there is a greater number of 
 them than there ought to be,'" whereby the people are sore grieved ; 
 the king commandeth that such things be no more done from hence- 
 forth ; and if any officer of fee doth it, his office shall be taken into 
 the king's hand; and if any of the justices' marshals do it, they shall 
 be grievously punished at the king's pleasure; and as well the one as 
 the other shall pay unto the complainants the trible value of that 
 they have received in such manner." 
 
 46. " It is provided also, and commanded by the king, that the 
 justices of the king's bench at Westminster, from henceforth shall 
 decide all pleas determinable at one day before any matter be 
 arranged or plea commenced the day following, saving that their 
 essoins shall be entered, judged and allowed; yet by reason hereof 
 let none presume to absent himself at the day to him limited."" 
 
 the common law, gave to the said minis- and marshals was a means' of extortion 
 
 ters of the king fees, in some particular or grievance of the people ; and so it is 
 
 -cases, to be taken of the subject, whereas in all other cases, of what profession or 
 
 before, without any taking at all their place soever. Muliiiudo imperatorum. 
 
 office was done, now no office at all was ferdidit curiam ; besides it taketh away 
 
 done without taking: but at this day the estimation and credit of the same." 
 
 they can take no more for doing their 2 Inst. 219. 
 
 ■office than have been since this act *' i Stat, of the Realm, 38 ; 2 Inst., 
 
 allowed to them by authority of parlia- 255. " The mischief before this statute 
 
 ment." 2 Inst., 74, 209, 210. "By was, in respect of preposterous or dis- 
 
 this act the plaintiff shall recover his orderly hearing of causes; for many 
 
 double damages, and besides they shall times the judges of the king's bench and 
 
 hs -pvLmshsi at the will of the king, that of the court of common pleas, would 
 
 is, by the king's justices, before whom the_ by importunacy of great men and others 
 
 cause depends." Id., 210. in the irregular time of H. 3, put off 
 
 ^1 Stat, of the Realm, 34; 2 Inst., matters to be heard at one day until 
 
 513; Mitcketr s case, 2 Atk., 173; But- another, and at that time hear some other 
 
 ler V. Freeman, I Ambl., 304. matters appointed to be heard on a day 
 
 ^ I Stat, of the Realm, p. 34 ; 2 Inst., following, whereby the parties whose 
 
 3.1%. " Hereby it appeareth that the causes were then disappointed were not 
 
 ■over great number of these virgers, criers only delayed and put to further charges. 
 
388 Reign of Edward I [tit. iv 
 
 To a considerable extent the statute of Westm. I remains in force 
 in England, and is in ' The Statutes Revised.' ^ 
 
 " Its language now recalls that of Canute or Alfred, now anticipates. 
 that of our own day : on the one hand common right is to be done 
 to all, as well poor as rich, without respect of persons ; on the other,, 
 elections are to be free, and no man is, by force, malice or menace, to 
 disturb them. The spirit of the Great Charter is not less discernible: 
 excessive amercements, abuses of wardship, irregular demands for 
 feudal aids are forbidden in the same words, or by amending enact- 
 ments." "" 
 
 7. Method of proceeding in parliament in ^ Edw. I. Then the 
 Lords and Commons sat together. Statutes enacted At a ses- 
 sion attended by Francesco Accursi, the Bolognese lawyer. 
 
 In noticing legislation of 4 Edw. I (1275-6), Lord Coke says: 
 
 " Here you may observe the ancient method of proceeding in par- 
 liament for passing of bills ; first, a select committee of certain bishops, 
 barons, and some of the commons, with the judges' assistants (who 
 after are expressly named), expressed here under these words, et 
 aliorum de consilio regis (for at this tiTne the lords and cowmons sate- 
 
 but many times when their cause came law of wreclc, and the institution of 
 
 to be heard, either were disappointed of coroners, measures of Richard and his 
 
 their counsel which they had instructed, ministers, come under review as well as 
 
 or the day appointed not being come, the Provisions of Oxford and the Statute 
 
 had no counsel instructed at all; and of MaHborough." He tells us that 
 
 besides, where witnesses were requisite, " this great measure was, however, not 
 
 they many times failed of them. This granted without its price. A grant of 
 
 law, therefore, is made to remedy these custom on wool, woolfells and leather^ 
 
 preposterous and disorderly proceedings, was made in the same parliament (Select 
 
 and to give judges a just cause of denial Charters, pp. 441, 442) ; and in a similar 
 
 of any such requests, though never so assembly held on the 13th of October, a 
 
 powerfully or importunately made." — fifteenth of temporal moveables was be- 
 
 " This statute being made in affirmance stowed for the relief of the royal neces- 
 
 of cotiimon right doth extend to the sities." He states that "measures for 
 
 court of chancery, court of exchequer, enforcing and regulating the collection 
 
 and to all other courts of justice, for that of this tax were taken in an Easter 
 
 all are within the same mischief, and parliament in 1276, on the occasion of 
 
 therefore ought to be within the same a general pardon extended to all the 
 
 remedy." — "Judicis officium est opus disinherited of the late reign, and a 
 
 diei in die ipso perficere." 2 Inst., 256. recognition of the validity of the char- 
 
 **Edi. 1870, vol. I, p. 15 to 25. ters." 2 Stubbs, p. 109; Green's Hist.. 
 
 ^2 Stubbs's Const. Hist., ch. 14, of Engl. Peop., book 3, ch. 4, p. 321 
 
 p. log. Mr. Stubbs further observes, and 324 of vol. i . 
 that "the inquest system of Hen. II, the 
 
•CH. xvi.J 1272 TO 1307. 389 
 
 together), and after the committee of both houses had resolved here- 
 upon, then to report it to the whole council."'" 
 
 In this year (1275-6) was enacted a statute as to that ancient 
 office of the crown which has its derivation from corona — the office 
 of the coroner {coronatoris);''^ and also 'Statuium de Bigamis;'"''^ 
 and 'a statute concerning justices being assigned, called Rageman,'" 
 which ordered a visitation by the justices to hear complaints for 
 trespass committed within the last 25 years. This session is marked 
 by the attendance of Francesco Accursi, the Bolognese lawyer, men- 
 tioned in previous sections." 
 
 8. From 4 Edw. I, until 1278; of the Chief fustices, and their 
 associates; and of justices itinerant, barons of the Exchequer 
 and chancellor of the Exchequer. 
 
 In speaking of the parliament of 4 Edw. I, Ld. Coke states that 
 ' Sir Ralph de Hengham was chief justice of the king's bench, and 
 Sir Thomas de Weyland chief justice of the court of common pleas 
 at this parliament'''^ This statement, though as to the former it 
 may be true, seems inaccurate as to the latter. For in 4 Edw. I, 
 Roger de Seyton was still presiding over the Common Pleas.'* 
 
 Of the judges mentioned in § 3, p. 380, Walter de Helynn was in 
 the King's Bench until 6 Edw. I, when he was removed to the Com- 
 mon Pleas; Nicholas de Stapleton and William de Sahan continued 
 in the King's Bench for many years. Walter de Wymbum was 
 appointed in 4 Edw. I (1276) a judge of the King's Bench, and was 
 acting in this character as late as October, 1288." 
 
 Of other justices mentioned in § 3, p. 380, there may have been on 
 
 '" 2 Inst., 267. the coroner's office. 
 
 "The Statute of Westm. i, prescribed "2 Inst. 267; i Stat, of the Realm, 
 
 (in ch. 10) 'who shall be chosen coro- pp. 42, 43. 
 
 ners,' and 'their duty.' 2 Inst., 174; ''/d, p. 44; 2 Stubbs's Const. Hist., 
 
 I Stat, of the Realm, p. 29. The ch. 14, pp. 109, no, and p. 271. 
 
 statute mentioned in the text is in the '* \ 4, p. 382, and \ 5, p. 833. 
 
 same volume, pp. 40, 41, and in the '* 2 Inst., 267. 
 
 " Statutes Revised," vol. I, p. 25 to 28, '«See \ 3, p. 379. 
 
 of edi. 1870. In connection with it " Toss's Biogr. Jurid. 
 
 there may be reference to Greenwood on ■' 
 
390 Reign of Edward I [tit. iv 
 
 the bench of the Common Pleas in 4 Edw. I, Robert Fulcon and 
 Henry de Monteforti, or Richard de Sianes, as well as Thomas de 
 Weyland. But the place of one or more of the three first was 
 probably vacant in 3 or 4 Edw. I. ¥ or John de Lovetof^ was raised 
 to this bench in 3 Edw. I (1275) and continued on it till 1289." Ralph 
 de Freningham^ was a justice of this court from 3 to 6 Edw. I 
 (1275-8).^' Roger de Leicester^'' was one of its justices from Trin. 
 4 Edw. I (1276), till Mich., 1289.^ William de Brompton (whose 
 name is sometimes spelt Burnton and Burton) was of this court from 
 1278, (6 Edw. I) till Mich., 17 Edw. I.** In 6 Edw. I (1278), Roger 
 de Seyton being dead, or having retired from the office of chief 
 justice, Thomas de Weyland was promoted to that office.^ 
 
 Thomas de Sodington {or Sadington, or Suddington) was a clergy- 
 man, and probably one of the officers of the court, before he became 
 justice itinerant. His first appointment to that duty was in 4 Edw. I 
 (1276), when he acted in the city and Tower of London. From 
 that time he was employed in various parts of the kingdom till 17 
 Edw. l^ 
 
 Geoffrey de Leuknore (mentioned in ch. 15, § 28, p. 339), Roger 
 Loveday and Geoffrey de Newbald were appointed in 4 Edw. I 
 (1276), Nov. 2, justices to hold pleas in the liberties of the priory of 
 Dunstable; the two first were justices itinerant in 6 Edw. I; the 
 second named (Roger Loveday) continued to act in that charac- 
 ter till 14 Edw. L" 
 
 '8 Of the noble family of that name, ton, and widow of Robert de Denbigh, 
 
 lords of Wirksop, in Nottinghamshire. Id. ^/d. 
 
 John was son of Oliver de Lovetot, of ^Id. ^/d. 
 
 Carcelston, in that county, and Alicia, se jje was on an embassy to the Earl of 
 
 his wife. Id. njd. Holland in 12 Edw. I, and a party to 
 
 *• Appointed in 1270 to a canoniy of the contract for marrisige of the earl's 
 
 St. Paul's. Id. son John, with the king's daughter 
 
 81 He died in 15 Edw. I. A de- Elizabeth (jV. i'c^iiira i, 645, 658, 661). 
 
 scendent of his (residing at East Far- Foss's Biogr. Jurid. 
 
 leigh) was sheriff of Kent in 17 Edw. 8' He was one of eight judges selected, 
 
 II. /<^. in 8 Edw. I, to enquire as to services 
 
 ^''Son of Sir Nicholas de Leicester due from tenants of Tavistock manor; 
 
 (who possessed large estates in Cheshire) and was, in 12 Edw. I, a commissioner 
 
 by Margaret, daughter of Geoffrey Dut- of enquiry into the state of walls,. 
 
CH. XVI.] 1272 TO 1307. 391 
 
 Solomon de Rochester, or de Rdff, (mentioned in § 3, p. 382 n.) is 
 called by Dugdale, one of the justices of assize in \^-](i ; but (Mr. 
 Foss observes) "there was not at that time any distinction between 
 the two classes; and two years afterwards his name again appears 
 among the justices itinerant, and so continues till 1287."^ 
 
 Godfrey Giffard, bishop of Worcester, arid late chancellor, (men- 
 tioned in ch. 15, §38, p. 367,) was in 6 Edw. I (1278) at the head of 
 the justices itinerant for the counties of Hereford, Hertford and 
 Kent.^ 
 
 Richard de Ware, abbot of Westminster, was at the head of, and 
 John de Vaux was upon, the commission of, justices itinerant, into 
 the three northern counties in 6 Edw. I (1278).°° 
 
 William de Northburg (mentioned in § 5, p. 383 n.) was in 6 and 7 
 Edw. I, a justice itinerant in several counties.'^ 
 
 John de Cobbeham (mentioned in ch. 15, §40) was in 4 Edw. I, a 
 baron of the Exchequer.''' 
 
 Roger de la Leye (mentioned in §3, p. 381) is spoken of" in 1276 
 
 ditches, sewers and bridges in Heyland, Oliver, and son of Robert de Vaux. 
 
 in Lincolnshire, and the damage from In 49 Hen. Ill, he had the sheriffalty of 
 
 an inundation there. His property was Norfolk and Suffolk, and a grant of 
 
 at Wytheresfield, in Suffolk. He died houses, ' prope Garther,^ in London, 
 
 in 15 Edw. I. His widow, Sibilla, Under Edw. I, he was a justice itinerant, 
 
 married William de Ormesby, the judge. not only in 6 Edw. I (1278), to visit the 
 
 Id. northern counties, but, up to 14 Edw. I, 
 
 ^Foss's Biogr. Jurid. in various other counties. Id. 
 
 ^He died Jan. 26, 1301. Mr. Foss ^^And again in that character at Lan- 
 
 (citing Chambers's Ulustr. Worcester- caster,, in 23 Edw. I. Foss's Biogr. 
 
 shire) says : ' He was a man of high Jurid. 
 
 spirit, overbearing and litigious, and '^June 6, 1276, with a salary of 40 
 
 made his visitations burthensome by the marks per annum. Records show that 
 
 extent of his retinue, which amounted to he continued in the office during the 
 
 near a hundred horse." Biogr. Jurid. remainder of his life. In the Year Book 
 
 '^Richard de Ware was, in 1261, on of Hil. 28, Edw. I, it appears that he 
 
 an embassy to France; and, in 1278, on was authorized to stay at home at his 
 
 an embassy to John, duke of Brabaiit, pleasure, and to come to the Exchequer 
 
 to negotiate a marriage between that and remain there when he would. This 
 
 prince's eldest son and Margaret, the license was no doubt granted in conse- 
 
 king's daughter. Id. quenee of his bodily infirmity ; he died 
 
 yohn de Vaux was grandson of in the same year. Id. 
 
392 Reign of Edward I [tit. iv 
 
 as 'nuper cancellarius?^ To th'e office of chancellor of the Ex- 
 chequer Goeffrey de Newbald (mentioned in this section, p. 390) was 
 raised Aug. 22, 1277.°* 
 
 g. John de Kirkeby substituted Robert Burnel the chancellor, during 
 his temporary absence Feb., 1278, and on other occasions. As to 
 requiring the chancellor to be in a certain place. 
 
 John de Kirkeby (mentioned in ch. 15, § 38, p. 368) was named as 
 substitute for Robert Burnel the chancellor, when he went abroad 
 Feb. II, 1278 (6 Edw. I); and on several other occasions during that 
 chancellor's temporary absences — viz: May 25, 1279; Feb. 20, 1281; 
 Feb. 13, 1282; and March i, 1283. "As he was left to expedite the 
 business of the chancery in the mean time," Mr. Foss considers it 
 " manifest that he was cognizant of the duties of the office, and most 
 probably that he was the senior clerk in the chancery, then a place of 
 high importance.""" 
 
 " In 1230, after Epiphany, the king went to hunt in the new forest, 
 but the chancellor returned to London " (it is said) " as to a certain 
 place where all who sought writs, and were prosecuting their rights, 
 might. find a certain remedy. But (Mr. Stubbs observes) "if this 
 were so, the plan was found impracticable for the present ; Edward 
 could 'not do without his chancellor, who accompanied him in his 
 long visit to France."'^ 
 
 10. OJ the expedients, in i2'j8,Jor raising money ; the writ in June 
 Jor distraint oJ knighthood ; ' the statute in August of 'quo 
 warranto ; ' proceedings under it; jealousy manifested by the 
 barons, particularly the Earl of Warenne ; also of the statute of 
 Gloucester ; Lord Cokeys observations thereon. 
 
 In 1278, by the writ of June 26, 'for distraint of knighthood' the 
 king sought to raise money as well as to increase the knightly body ; 
 the king's ' wanting money ' induced legislation in August." Imme- 
 
 '' He was appointed about that time No. 5 ; Toss's Biogr. Jurid. 
 
 archdeacon of Essex, and raised Octo. *2 Stubbs's Const. Hist., ch. 15, p. 
 
 25, 1283, to the deanery of London. 268. In 28 Edw. I (1300), in '^rftVii/i 
 
 He died Aug. i8, 1285. Id. super charias,' ch. 5 (as may be seen, 
 
 '* He is recorded as attending the post) in § 23), " the king wills that the 
 
 court of Exchequer as late as 9 Edw. I. chancellor and the justices of his bench 
 
 Id. shall follow him.'' 
 
 95 I Roll. Abr., tit. Chancellor, p. 385, »' 2 Inst., 280. 
 
CH. ZVI.] 
 
 1272 TO 1307. 
 
 393 
 
 •diately after his arrival, in 1274, there had been a commission of 
 ■enquiry whereof results were recorded in the 'Rotuli Hundredorum,' 
 •or Hundred Rolls. Thereon was based the action in August, 
 ■6 Edw. I (1278), of the parliament holden at Gloucester, bordering 
 upon Wales,'^ which passed the statute of quo warranto, and also 
 the statute known as the statute of Gloucester;" great part of which 
 remains in force in England, and is in ' The Statutes Revised.' ™ 
 
 " In pursuance of the main purpose of the act, proceedings were 
 •directed under which the itinerant justices were to enquire by what 
 warrant the franchises reported by these commissioners were held ; 
 and a writ of 'quo warranto ' was issued in each case. This proceed- 
 ing was viewed with great jealousy by those barons who retained 
 the old feudal spirit, and who were as suspicious as their forefathers 
 had been of an attempt to limit the exercise of their local rights. 
 The earl of Warenne, in particular, resented the enquiry. When he 
 was called before the justices, he produced an old rusty sword, and 
 cried, 'See, my lords, here is my warrant. My ancestors came 
 with William, the bastard, and conquered their lands with the 
 sword; with the sword will I defend them against any one who 
 wishes to usurp them. For the king did not conquer and subdue 
 the land by himself, but our forefathers were with him as partners 
 and helpers.'"'"' 
 
 ^ " For the better preservation of 
 peace in Wales; Lluellin, prince of 
 Wales, and the Welshmen being a little 
 before this parliament, brought to quiet- 
 ness." 2 Inst. 277. Now " Edward 
 contented himself with adding to the 
 English dominions the counties as far as 
 Conway, and with, providing that the 
 title of Prince of Wales should cease 
 at Llewellyn's death." — " Eleanor, a 
 ■daughter of Earl Simon, of Montfort, 
 whom he had sought as his wife, but 
 who had been arrested on her way to 
 him, was wedded to the Prince" in 1278. 
 ■Green's Short Hist., ch. 4, g i, pp. 189, 
 190; 2 Stubbs's Const. Hist., ch. 14, 
 p. no, note I. This marriage was at 
 Worcester; the prince and princess of 
 Wales afterwards accompanied the king 
 and queen to Westminster. Miss Strick- 
 land's Queens of England, vol. 2, p. 97, 
 of Phila. edi. .1857. 
 
 S9 I Stat, of the Realm, 45 to 50, also 
 52 ; 2 Inst., 277, ei seq. 
 
 i™ Edi. 1876, vol. I, p. 29 to 32. 
 
 WI2 Stubbs's Const. Hist., ch. 14, 
 pp. no. III. "Another time when 
 questioned as to the authority under 
 which he claimed free warren in Wurth, 
 and other lands in Sussex, he pleaded 
 that all his ancestors had adhered to the 
 kings of England ; that when Normandy 
 was lost, where they were earls, they 
 also lost their lands there, because they 
 would not join the king of France 
 against King John; that, in compensa- 
 tion, they had grants of other lands in 
 England, with the privilege of free war- 
 ren over them, in regard of their sur- 
 name de Warenne; and his plea was 
 allowed." He died Sept. 27, 1304, and 
 was buried in the abbey of Lewes. 
 Foss's Biogr. Jurid. 
 
 The 'quo warranto' act seems to 
 
394 
 
 Reign of Edward I 
 
 [tit. IV 
 
 Chapter 8 of the Statute of Gloucester is as follows : 
 
 " That sheriffs shall plead pleas of trespass in their counties,'™ as 
 they have been accustomed to be pleaded. And that none from 
 henceforth shall have writs of trespass"' before justices, unless he 
 swear by his faith that the goods taken away were worth 40 shil- 
 lings '°^ at the least. And if he complain of beating, he shall answer 
 by his faith that his plaint is true. Touching wounds and maims '"° a 
 man shall have his writ as before hath been used ; and it is agreed 
 that the defendants in such pleas may make their attorneys,"* where 
 
 have been enforced with rigour. 2 
 Const. Hist., ch. 14, p. III. Complaint 
 of the number of ' writs of quo war- 
 ranto^ caused a new statute (18 Edw. I) 
 to remedy the mischief. 2 Stat, of the 
 Realm, 494, 4^5 ; 2 Inst., 494, et seq. 
 
 102 1< This is put for an example, for 
 the hundred court, and the court baron, 
 being no courts of record, are also 
 within this law." 2 Inst., 311. 
 
 10s " Writs of trespass are here put but 
 for an example, for debt, detinue, cove- 
 nant and the like ; but if the trespass be 
 vi et armis, where the king upon the 
 conviction of the defendant shall have a 
 fine, then the sheriff in his county can- 
 not hold plea of it, for no court can 
 assess a fine but a court of record, 
 because a capias to take the body is 
 incident to it, for it is a rule of law, 
 ' Quod flacita de transgressione contra 
 parent regis in regno Anglice vi et armis 
 factis secundum legem et consuetudinem 
 Anglice sine brevi regis placitare non 
 debent.' Neither shall he hold plea of 
 trespass for taking away of charters con- 
 cerning inheritance or freehold, for it is 
 a maxim in law, ' Quod placita conier- 
 nent chart' seu scrip f liberum tenemen- 
 turn tangentia in aliquibus curiis qua 
 recordum non habent secundum legem, 
 et consuetudinem regni Anglite sine 
 brevi regis placitare non debent.' " 
 2 Inst., 311. 
 
 10* "For as the inferior courts, which 
 are not of record regularly, cannot hold 
 plea of debt, &c., or damages, but under 
 40^., so the superior courts, that are of 
 
 record, cannot hold plea of debt, &c., or 
 damages, regularly, unless the sum 
 amount to 40^-., or above." — "As the 
 superior courts ought not to encroach 
 upon the inferior, so the inferior courts 
 ought not to defraud the superior courts 
 of those causes that belong to them. 
 For example, if in the county court, or 
 other inferior courts, they shall divide a 
 debt of ;^20 into several plaints under 
 40i., in this case the defendant may 
 plead the same to the jurisdiction of the 
 court, or may have a prohibition to stay 
 that indirect suit." — " The said words, 
 vaillent 40s. al. meins, have received 
 this construction, that the same must so 
 appear to be of value in the plaintiff's 
 count, for it is not sufficient that it 
 appears by verdict that the sum is under 
 40J. For example, if the plaintiff count 
 in trespass, debt, detinue, covenant, &c., 
 to the damage of 40J., and the jury find 
 the damages under 40^., yet the plaintiff 
 shall have no judgment, albeit, in truth, 
 the cause de jure belonged to the infe- 
 rior courts." 2 Inst., 312. 
 
 105 « Hereby, it appeareth that the 
 county court hath no jurisdiction to hold 
 plea de plagis et maihemiis, of wounds 
 and maims, but those pleas must be 
 determined in the king's higher courts, 
 but of battery (without wounding or 
 maiming) this act proveth that the county 
 court hath jurisdiction." 2 Inst., 312. 
 
 106 « In ancient manuscripts the former 
 branch, viz : des playes et des mayhems, 
 &c., is a distinct chapter by itself, and 
 this branch is parcel of that chapter, so. 
 
CH. XVI.] 1272 TO 1307. 395 
 
 appeal lieth not; so that if they be attainted being absent, then the 
 sheriff shall be commanded to take them,"' and shall have like pain 
 as they should have had, if they had been present at the judgment 
 given. And if the plaintiffs from henceforth in such tresspasses cause 
 themselves to be essoined after the first appearance, day shall be 
 given them unto the coming of the justices in eyre, and the defend- 
 ants in the meantime shall be in peace. In such pleas and other ,. 
 whereas attachments and distresses do lie if the defendant essoin 
 himself of the king's service, and do not bring his warrant at the day 
 given him by the essoin, he shall recompence the plaintiff damages- 
 for his journey 20 shillings or more, after the discretion of the jus- 
 tices, and shall be grievously amerced unto the king." 2 Inst. 310, 311. 
 
 II. Justices in 6, 7 and 8 Edw. I; their compensation. 
 
 "In 1278, at Gloucester, the king, in council, re-nominated a 
 chief justice and two others 'jusHtice de Banco ad placita regis; 
 a chief and four others, Justititz de Banco Westmonasterii ; six justices 
 in eyre for the north, and six for the south ; with fixed sums nomine 
 foedi ad sustentationem, varying from sixty to forty marks." ^°* 
 
 Richard de Boyland^'^ wzs, in 7 Edw. I (1279), a justice itinerant 
 in Dorsetshire, Somersetshire and Wiltshire ; and afterwards in vari- 
 ous other counties until 1289."° 
 
 Alan de Walkingham^^^ was, in 8 Edw. I (1280) appointed one of 
 the justices to fake assizes in different counties."^ 
 
 Roger de Clifford (mentioned in ch. 15, § 40) was, in the same 
 
 as these words en tiels pleas, such pleas ful lawyer, when, in 1268, he purchased 
 
 must be referred to pleas of trespass, part of the manor of Brisingham, in 
 
 battery, wounding and maiming, unless Norfolk (afterwards called by his name), 
 
 it be in appeal of maim. 2 Inst., 313. and in part payment gave some acres 
 
 107 <i Albeit, this statute speaketh only which he previously held in Pulham in 
 
 of the execution of the body, yet might that county. Foss's Biogr. Jurid. 
 
 he have had, at the making of this act, '^^"Id. 
 
 z fieri fac; and afterwards by the statute 'i' Whose family had considerable pos- 
 of W. 2, t. 45, he may have an elegit: sessions in Yorkshire. He was probably 
 for this branch, being in the affirmative, son of John de Walkingham ; he pur- 
 doth not restrain the plaintiff to take any sued the legal profession. Id. 
 other remedy." 2 Inst., 313. ''^In the next year he acted as the 
 
 "* Pari. Writs i, 382 ; cited in 2 king's advocate or local attorney-general 
 Stubbs's Const. Hist., ch. 15, p. 267, in pleas'before justices itinerant in York- 
 note I. shire; in lo Edw. I, he was added to 
 
 i'*Son of Roger de Boyland, and the commission of justices itinerant in 
 
 Alice, his wife. Richard was a success- Cornwall. He died in 12 Edw. I. Id.. 
 
396 • Reign of Edward I [tit. iv 
 
 year, at the head of the justices itinerant visiting Rutland and five 
 other counties."' 
 
 J2. Treasurer of the Exchequer and chancellor of the Exchequer 
 in and after 1281. They were of the Curia Regis et Con- 
 cilii, whose judgment in p and 10 E. /, is pronounced in the 
 House of Lords in 1844, 'of the highest weight.' Of fohn de 
 Kirkeby, the treasurer, in 12 Edw. I {1284); his doing 'quale 
 de jure et gratia Cancellarice ' ought to be done. 
 
 Richard de Ware, abbot of Westminster (mentioned in § 8, p. 391), 
 was, in 1281, treasurer of the Exchequer, and held this office when 
 he died, Dec. 2, 1283."* 
 
 Philip de Wilughby (mentioned in § 3, p. 381) was raised to the 
 office of chancellor of the Exchequer about 1283, and filled it till his 
 death, in 1305. During this period he frequently acted as locum 
 tenens of the treasurer."^ 
 
 fohn de Kirkeby (mentioned in ch. 15, § 38, p. 368, and in this 
 chapter, § 9, p. 392) filled the office of treasurer from January 6, 
 1284, until his death, March 26, 1290."* 
 
 " In those days, though the chancellor and treasurer were, for the 
 most part, men of the church, yet they were expert and learned 
 
 "' He had, at various times, custody Abbas Richardus de Ware, qui requiescat 
 
 of the castles of Marlborough, Ludger- Hie, portat lapides, quos hue portavit ab 
 
 shall, Gloucester (with its sheriffalty) ^'''"- ^'^■ 
 
 and Erdesley, in Herefordshire. His "^And was so indefatigable in his 
 severity in the office of justice of North attention to official duties, that, in 30 
 Wales, to which he was appointed in Edw. I, the king, taking into consider- 
 8 Edw. I, is said to have induced David, ation the length of his service, gave him 
 son of the Prince of Wales, to break out ^ license to attend at the Exchequer 
 into open hostility. Roger was taken when it suited his leisure and con- 
 prisoner in 10 Edw. I, and his son venience. Like most of the officers of 
 (Roger, junior,) was slairi Nov. 6, 1282. the court, he was of the clerical profes- 
 The father died in 14 Edw. I (1286). Id. sion; he obtained as his reward a 
 
 canonry of St. Paul's, from which he 
 
 1" During the twenty-five years that was advanced in June, 1288, to the 
 he was abbot, he procured many immu- deanery of Lincoln. At his death he 
 nities for the abbey, and adorned it with was possessed of the manor of Byfiete, 
 the mosaic pavement before the high in Kent, and lands in Notts and Middle- 
 altar, the rich materials of which he sex. Foss's Biogr. Jurid. 
 brought from Rome. Over his tomb •'* He was elected bishop of Ely July 
 was placed this epitaph : 26, 1286, and was buried in his own 
 
 cathedral. Id. 
 
CH. xvi.J 1272 TO 1307. 397 
 
 in the laws of the realm." "' Of the case in 9 and 10 E. I, coram 
 rege {^o\.. 24, Ebor.), whereof a note (from Lord Hale's mamu- 
 scripts) in Co. Lit. 33""* was cited before the House of Lords in 
 1844, Tindal, C. J., said: 
 
 "The Curia Regis et Concilia before which the reversal took 
 place, appears, according to the researches of antiquarians, to have 
 been, in the time of Edward I, a tribunal of appeal in cases of diffi- 
 culty, and to. have consisted at that time of the Chancellor, the 
 Treasurer and Barons of the Exchequer, the judges of either bench, 
 and other functionaries ; which court of the Concilium Regis was 
 perfectiy distinct from the Commune Concilium Regni, the probable 
 original of the English parliament." ™ • 
 
 Mr. Spence states that "in the 12 Edw. I, a writ directed by the king 
 toy. de Kirkeby, clerico suo, commands him to do 'quale de jure ef 
 gratia cancellaris,' ought to be done.""" 
 
 13. Growth of the representative system in church councils. Of 
 the ecclesiastical council at Reading in August, i2jg ; and 
 the enactment in 7 Edw. I, of the statute 'de Religiosis' or 
 'statute of mortmain.^ 
 
 " The growth of the representative system in the construction of 
 church councils " during the thirteenth century, is shewn by a series 
 of documents.'^' In 1278, Archbishop Kilwardby had returned to 
 
 "' Co. Lit., 304 K 120 1 Spence's Eq., 335, note. 
 
 iwin PhUa. edi. of 1812, note 10 i^'In Stubbs's Select Charters, p. 442 
 
 refers to note 203. In vol. I, p. 571, of to 446; i. In 1225, by Archbishop 
 
 Tho. Co. Lit., Phila. edi. 1827, the same Langton, a "summons to a council of 
 
 note is (8.) bishops," embracing " deans of cathed- 
 
 iw « Lord Hate speaks largely of this rals, archdeacons, abbots and convent- 
 court in his Treatise on the jurisdiction ual priors;" 2. In same year (1225), 
 of the House of Lords ; and various " a summons by the same archbishop, 
 references to, and extracts from its pro- directing, in addition to the above, the 
 ceedings, are to be found in the learned presence of proctors for the chapters of 
 introduction to the Sotuli Litterarum the collegiate churches, and for the mon- 
 Claasarum, lately published by the asteries;" 3. In 1258, "a summons by 
 Record Commissioners. The judgment, Archbishop Boniface, directing the pres- 
 therefore, of such a court of errors is of ence of bishops, deans, abbots and 
 the highest weight." Queen \. Millis, priors; and of the archdeacons, vi^ith 
 10 CI. & Fin. 658. The decision in this letters of proxy from the clergy of their 
 case is cited in i Rob. Pract., ch. 19, archdeaconries;" 4. In 1273, "^ s"""- 
 pp. 99, 100. mons by Archbishop Kilvi^ardby, direct- 
 
398 Reign of Edward I [tit. iv. 
 
 Rome ; the monks and the king desired Bishop Burnel to be his suc- 
 cessor, but the Pope preferred John Peckham, an Englishman of 
 great reputation.^'''' The first year of his primacy was signalized by 
 his proceedings in a council at Reading, in August, 1279; which the 
 king thought had gone beyond the limits of ecclesiastical jurisdic- 
 tion. In 7 Edw. I, was enacted the famous statute 'de Religiosis,' or 
 'Statute of Mortmain."^ 
 
 14. Of the ecclesiastical council at Lambeth in 1281 ; and the 
 king's prohibition. Of the councils called by the king in 1282 
 atid I28j; the enactment, in 1283 {11 Edw. I), at Acton-Burnell, 
 {the place of Chancelloi- BurnePs birth and residence), of what 
 is called the statute of merchants, or the statute of Acton-Bur- 
 nell. What, imder this statute, is to be done by the chancellor. 
 Also of the statutes of Wales and the statute of Rhuddlan; 
 a clause in the latter limiting the jurisdiction of the court of 
 Exchequer. How legal business was now divided between 
 three courts. Of the care, in 1284, of the Great Seal during 
 the chancellor's absence. 
 
 In 1 28 1, "in a council at Lambeth, the prelates proposed to 
 exclude the royal courts from the determination of suits on patron- 
 age, and from intervention in causes touching the chattels of the 
 spiritualty. The king interfered with a peremptory prohibition ; and 
 Peckham gave way." 
 
 In 1282, the king was in great need of money for the war in 
 Wales; he was at Rhuddlan, attended by most of the barons, and 
 could not bring the clergy and commons to parliament in the midst 
 of a hostile country ; a new expedient was tried : two provincial 
 councils were called for the 20th of January, 1283, one at York, for 
 the province of York, the other at Northampton, for the province of 
 
 ing the bishops to bring with them three '^^ Foss's Biogr. Jurid. ; 2 Stubbs's 
 
 or four of their greater clergy;" 5. In Const. Hist., ch. 14, p. in. 
 
 1277, "a mandate addressed by Arch- '23 1 Statutes of the Realm, 51; Select 
 
 bishop Kilwardby to the bishop of Lon- Charters, p. 447 to 449 ; 2 Stubbs's Const; 
 
 don, as dean of the province, directing Hist., pp. iii, 112. It remains in I 
 
 him to summon the bishops of the pro- ' Statutes Revised,' edi. 1870, p. 33 to 35. 
 
 vince, with the greater members of their ''*2 Stubbs's Const. Hist, ch. 14, pp. 
 
 <;hapters, the archdeacons and the proc- 113, 114. 
 tors of the clergy." 
 
CH. xvi.J 1272 TO 1307. 399 
 
 Canterbury. Before the convocation of Canterbury had determined 
 on its course, and after David, the brother and successor of Llew- 
 ellyn, surrendered as prisoner, Edward (at Rhuddlan) called another 
 •council of the kingdom/'^ 
 
 "The writs for this assembly were issued on the 28th of June. The 
 sheriff of each county was to return two elected knights, and the 
 governing bodies of twenty cities and boroughs were to return two 
 representatives for each. Eleven earls, ninety-nine barons, and nine- 
 teen other men of note, judges, councillors and constables of castles, 
 were summoned by special writ. The day of meeting was fixed, 
 September 30, and the place was Shrewsbury. The clergy, as the 
 business was a trial for a capital offence, were not summoned. At 
 ■Shrewsbury, accordingly, David was tried,™ condemned and exe- 
 cuted ; his judges were a body chosen from the justices of the Curia 
 Regis under John de Vaux." "" 
 
 While parliament was sitting at Shrewsbury, the king was on a 
 visit to Acton-Burnell,'^ the place of his chancellor's birth and resi- 
 dence. When the trial at Shrewsbury was over, the parliament 
 joined the king at Acton-Burnell, and sat in .a halP^ of the bishop's 
 mansion. Here was passed the ordinance called the statute of mer- 
 chants or the statute of Acton-Burnell.'^" In this statute or ordi- 
 nance, after such recital as is mentioned below,''' the provision for a 
 
 I'' Select Charters, p. 449, et seg.; 2 p. i68, of 2d edi. (184.6), p. 162, Boston 
 
 Stnbbs's Const. Hist., eh. 14, p. 11410 edi. 1874. That 'the hall was 183 feet 
 
 116; Green's Short Hist., eh. 4, § 1, p. long by 41 broad,' and 'the gable ends 
 
 190; Green's Hist., Engl. Peop., book only remain,' is stated in 1 Dugdale's 
 
 J, ch. 4, p. 333, of vol. I. Engl. & Wales, p. 13. 
 
 i2«2 Stubbs's Const. Hist., ch. 14, "i>2 Stnbbs's Const. Hist., ch. 14, 
 
 p. 116 J Select Charters, pp. 457, 458; p. 116. 
 
 Green's Short Hist., ch. 4, § I, p. 190; "^ It recites that "merchants, which 
 
 •Green's Hist, of Engl. Peop., book 3, heretofore have lent their goods to divers 
 
 ch. 4, pp. 333, 334, of vol. 1. persons, be greatly impoverished be- 
 
 ^^' Mentioned in § 8, p. 391. In 11 cause there is no speedy law provided 
 
 Edw. I, he was appointed steward of for them to have recovery of their debts, 
 
 Aquitaine. He died in 1 288. Foss's or the day of payment assigned ; and, 
 
 Biogr. Jurid. by reason thereof, many merchants have 
 
 '** In Salop county ; distant from withdrawn to come into this realm with 
 
 Shrewsbury 7, and from London 155 their merchandize, to the damage as well 
 
 miles. of the merchants as of the whole realm." 
 
 "i^sposs'e Biogr. Jurid. That "there i Stat, of the Realm, 53, 54. Other 
 
 had certainly been a spacious hall on the statutes of merchants (or amendments 
 
 ■first floor," is mentioJied in I Campbell's thereof) are 13 Edw. I, Id., 98; 5 Edw. 
 
 Lives of the Chancellors, ch. 10, note, II, /rf., 165; 14 Edw. Ill, Id., 285. 
 
400 
 
 Reign of Edward I 
 
 [tit. IV'- 
 
 recognizance before a mayor, or before the mayor and a clerk, is 
 followed by this enactment: 
 
 That " if the debtor have no moveables within the jurisdiction of 
 the mayor, whereupon the debt may be levied, but hath some other- 
 where within the realm, then shall the mayor send the recognizance 
 made before him, and the clerk aforesaid, unto the chancellor, under 
 the king's seal; and the chancellor shall direct a writ unto the 
 sheriff." ''' 
 
 After this enactment (October 12, 1283) the king extended his royal 
 visit till November."' He aimed in Wales " to establish tranquillity 
 in the towns, to introduce the English jurisprudence, to divide the 
 country into shires and hundreds on the English model, and to- 
 abolish by the 'Statute of Wales' the more barbarous of the Welsh 
 customs." At Rhuddlan"' were drawn up the ' Statutes of Wales"'" 
 and the 'Statute of Rhuddlan,'"^ or "provisions made in the Ex- 
 chequer." '" 
 
 "2 1 Stat, of the Realm, 53. 
 
 1^ Foss's Biogr. Jurid. In vol. I, 
 p. 27, of Sir H. Ellis's third series of 
 Original Letters, is the letter of Edw. I, 
 to the Prior and Prioress of Alvingham, 
 in Lincolnshire, to admit one or more of 
 the children of Llewellin ap. Griffith, 
 late Prince of Wales, or of his brother, 
 David, into their house. The letter is 
 dated at " Ludlow xi die Novembris 
 anno regni nostri undecimo." Ludlow 
 is on the edge of Shropshire (Salop), and 
 is distant from Shrewsbury 29, and from 
 London 150 miles. 
 
 '^*In Flint county; distant from St. 
 Asaph 3, and from London 224 miles. 
 Here Edward is said to have delivered 
 an address to the Welch, " promising to 
 give them a prince born amongst them- 
 selves, one who never spoke a word of 
 English, and whose life and conver- 
 sation were free from human censure." 
 The birth of Prince Edward, in Carnar- 
 von (or Caernarvon) Castle, had then 
 occurred. 2 Dugdale's Engl. & Wales, 
 PP- 395. 396- Miss Strickland gives 
 an interesting account of what occurred 
 
 at Caernarvon Castle; and afterwards, 
 when the queen changed her residence 
 to Conway Castle. 2 Queens of Eng- 
 land, p. 98 to loo, of Phila. edi. 1857. 
 
 15^ By the advice (he states) of the 
 nobles of the Realm. " They were in- 
 tended to assimilate the administration 
 of Wales to that of Etfgland." Though 
 they were not the subject of parliamen- 
 tary deliberation, yet it is thought " they 
 throw much light on the existing institu- 
 tions of the shire in England itself." 
 2 Stubbs's Cop^t. Hist., ch. 14, pp. 116,. 
 117. They are in i Stat, of the Realm, 
 SS-68. 
 
 ^^^ Statutes concerning money made at 
 Carnarvon on the feast of St. Michael, in 
 the 1 2th year, are in i Stat, of the Realm, 
 p. 219 to 221. 
 
 Richard de Abyngdonheld the office of 
 chamberlain of North Wales from 12 to 
 tS Edw. I, his duty being the collection 
 and disbiursement of revenues in that 
 country. Foss's Biogr. Jurid. 1 
 
 '" I Statutes Revised, p. 35 to 40, of 
 edi. 1870. 
 
CH. XVI.] 1272 TO 1307. 401 
 
 Whereof the most important clause is one which forbids pleas to 
 be holden or pleaded in the Exchequer, unless they specially concern 
 the king and his official servants '^'^ This marks a stage in the 
 division of legal business between the three courts now actively at 
 work under distinct bodies of judges.^'' 
 
 For securing his conquest of Wales, Edward built the two strong 
 castles of Caernarvon and Conway.'*" Conway castle was completed 
 in 1284.'" 
 
 Three clerks in chancery, Hugh de Kendal, Walter de Odyam and 
 another were, July 25, 1284, entrusted with the care of the Great 
 Seal, during the chancellor's temporary absence.'" 
 
 15. Statute of Westminster the second {1285); especially ch. 10, 
 against fraud by delivering writ in partes absence ; ch. rg, as 
 to liability for intestate's debts, so far as his goods will extend ; 
 ch. 24., providing against one having to depart from court with- 
 out remedy ; ch. sg, as to proceedings for trespass and on 
 appeals ; ch. jo, before whom, and when and how assises and 
 inquisitions shall be taken, and by whom clerks shall be 
 appointed; ch. 4J, prohibiting the bringing hefore others mat- 
 ters belonging to the king''s court; ch. ^g, to prevent justices or 
 other officers from receiving or taking what they ought not to 
 receive or take.. 
 
 In the summer of 13 Edw. I (1285), was passed the statute 
 called Westminster the second;"' great part of which remains in 
 
 l^ Section ii recites that pleas "were i"/(/., for 1844, April, p. 158. 
 heretofore holden in the Exchequer, "'^ Foss's Biogr. Jurid. 
 which did not concern us nor our w " Westminster, because this par- 
 ministers of the Exchequer," and or- liament was holden at Westminster ; and 
 dains that " no plea shall be holden or the second in respect of the former par- 
 pleaded in the Exchequer aforesaid, liament holden at Westminster, called 
 unless it so specially concern us and our Westminster the first.'' 2 Inst., 331; 
 ministers aforesaid." I Stat, of the i Stat, of the Realm, 71-95. Ch. i is 
 Realm, 70. ' de donis conditionalibus.' As to other 
 
 H9 2 Stubbs's Const. Hist., ch. 14, chapters Mr. Stubbs~ observes, "the law 
 
 p. 117. of dower, of advowson, of appeal for 
 
 1*0 Caernarvon Castle is described in felonies, is largely amended; the institu- 
 
 the Penny Magazine for 1834, May No. tion of justices of assize is remodelled, 
 
 138, p. 207; of Conway Castle there is and the abuses of manorial jurisdiction 
 
 a view in Id. for 1838, July No. 406, repressed; the statute de religiosis, the 
 
 p. 291. statutes of Merton and Gloucester are 
 26 
 
402 Reign of Edward I [tit. iv 
 
 'The Statutes Revised.'"* In its tenth chapter is this recital: 
 
 "Whereas in the circuit of justices it was proclaimed that all such 
 as would deliver writs, should deliver them within a certain time, 
 after which no writ should be received ; many trusting upon the same 
 and tarrying until the said time, and no writ served upon them, 
 departed by license of the said justices ; after whose departure, their 
 adversaries, perceiving their absenpe, delivered their writs in wax, 
 which, sometimes by fraud, and sometimes for rewards be received 
 of the sheriff, and they that thought to have departed quiet, lose 
 their lands." 
 
 For remedy of such fraud there is an enactment, which concludes 
 as follows : 
 
 "That such as have lands in divers shires where the justices make 
 their circuit, and that have land in shires where the justices have no 
 circuit, that fear to be impleaded, and are impleaded of other lands in 
 shires where they have no circuit, as before the justices at Westmin- 
 ster, or in the king's bench, or before justices assigned to take 
 assizes, or in any county before sheriffs, or in any court baron, may 
 make a general attorney to sue for them in all pleas in the circuit of 
 justices, moved, or to be moved for them, or against them, during the 
 circuit ; which attorney or attorneys shall have full power in all pleas 
 moved during the circuit, until the plea be determined,"" or that his 
 master remove him ; yet shall they not be excused thereby, but they 
 shall be put on juries and assizes before the same justices." "° 
 
 Chap. 19, of Stat. 13 Edw. I (Westm. 2), recites that "whereas after 
 the death of a person dying intestate which is bounden to some other 
 for debt, the goods come to the ordinary to be disposed ; " and enacts 
 that "the ordinary from henceforth shall be bound to answer the 
 debts as far forth as the goods of the dead will extend, in such sort 
 
 amended andxeenacted." — " The whole, cution within the year, he may prosecute 
 
 like the first statute of Westminster, is a, the same after the year; but if he sue 
 
 •code in itself, and justifies the praises of out no' execution within the year, then 
 
 the annalist." (Aun. Osney, p. 304.) after the year is ended, after judgment, 
 
 2 Stubbs's Const. Hist., ch. 14, p. 118; his warrant of attorney is determined." 
 
 I Turner's Engl., p. 139. 2 Inst., 378. 
 i"Edi. 1870, vol. I, p. 40 to 73. •■'«2 Inst., 376. "The wisdom of par- 
 
 '*5By the judgment against the de- liaments, and of the sages of the law, 
 
 fendant the warranty of attorney is hath ever been, that able and sufficient 
 
 determined ; for thereby placitum ter- men should not (to the hindrance of jus- 
 
 minaiur, but only to sue execution tice) be exempted for service in juries 
 
 (which is the fruit of the judgment) and assizes." Id. 
 within the year ; and if he sue out exe- 
 
'CH. xvi.J 1272 TO 1307. 403 
 
 ■as the executors of the same party should have been bounden if he 
 had made a testament.""' 
 
 The commencement of chapter 24 (of Westm. 2) is thus : 
 
 " In cases wherein a writ is granted out of the chancery, for the 
 fact of another, the plaintiffs from henceforth shall hot depart from 
 the king's court without remedy, because the land is transferred^** 
 from one to another, and in the register of the chancery"' there is 
 no special writ found in this case, as of a house, a wall, a market; 
 but the writ is granted against him that levied the nuisance. And if 
 the house, wall or such like be aliened to another, the writ shall not 
 be denied ; but from henceforth, when in one case a writ is granted, 
 -in like case, when like remedy faileth, the writ shall be made as hath 
 been used before." 
 
 Then there are examples and illustrations. After which the chap- 
 ter concludes thus : 
 
 " And whenever from henceforth it shall fortune in the chancery 
 that in one case a writ is found, and in like case falling under like 
 law, and requiring like remedy, is found none, the clerks of the chan- 
 •cery^°° shall agree in making the writ; or the plaintiffs may adjourn 
 it until the next parliament, and let the cases be written in which 
 they cannot agree, and let them refer themselves to the next parlia- 
 ment, and by consent of men learned in the law, a writ shall be made, 
 lest it might happen after, that the court should long time fail to min- 
 ister justice unto complainants." '^^ 
 
 "' 2 Inst., 397 ; I Stat, of the Realm, assize levavit, which is remedied by this 
 
 p. 82. On this statute there are obser- act." Id., 405. 
 
 vations by Weston, J., in 7 Eliz., in 149 «^ book of great antiquity and 
 
 Graysbrook v. Fox, Plowd. 277 ; by Ld. authority in law." Id., 406. 
 Coke in 2 Inst., 397, 39S ; and by Lord i^" " These that are called derici, 
 
 Talbot in Hudson v . Hudson, Forrester were at this time, and before, called also 
 
 {Cas. Temp. Talb.) 128. magistri cancellarim, and were asso- 
 
 ^** 2 Inst., 404. "Before the making ciated to the lord chancellor." 2 Inst, 
 
 of this act, an assize of nuisance did not 407. 
 
 lie against him that levied the nuisance, '^^ It seemed to Sir William Black- 
 and against his alienee; so as by the stone that "this accounts for the very 
 alienation of the wrong doer the assize great variety of writs of trespass on the 
 of nuisance failed, and he, to whom the case to be met with in the register, 
 nuisance was done, was driven to his whereby the suitor had ready relief 
 quod permittat (which was a writ of according to the exigency of his busi- 
 right in his nature, wherein was great ness, and adapted to the specialty, reason 
 delay,) against the alienee ; and the rea- and equity of his very case, which pro- 
 son thereof was, for that there was no vision (with a little accuracy in the 
 writ of assize of nuisance in the register, clerks of the chancery, and a little 
 but that supposed that the tenant in the liberty in the judges, by extending rather 
 
404 Reign of Edward I [tit. iv. 
 
 Chap. 29 and 30 (of Westm. 2) are as follows: 
 
 29. "A writ of trespass ^^^ {ad audiendum et terminandum) from 
 henceforth shall not be granted before any justices, except justices of 
 either branch,"' and justices' in eyre, unless it be for an heinous tres- 
 pass, where it is necessary to provide speedy remedy, and our lord the 
 king of his special grace hath thought it good to be granted. And 
 from henceforth a writ to hear and determine appeals before justices 
 assigned shall not be granted but, in a special case, and for a cause 
 certain when the king commandeth. But lest the parties appealed or 
 indicted be kept long in prison, they shall have a writ of odio et atia, 
 like as it is declared in Magna Charta and other statutes." 
 
 30. " From henceforth two justices sworn shall be assigned, before 
 whom and none other assizes of novel disseisin, mort d'ancestor and 
 attaints shall be taken, and they shall associate unto them one or two 
 of the discreetest knights of the shire ' into which they shall come; 
 and shall take the aforesaid assizes and attaints but thrice in the year 
 at the most,"'^* And in every shire, at every taking of assizes, be- 
 fore that departure they shall appoint the day of their return,^"^ so 
 that every one of the shire may know of their coming, and shall 
 adjourn the assizes from term to term, if the taking of them be 
 deferred at any day by vouching to warranty, by essoin or by default 
 of jurors. And if they see that it be profitable for any cause that 
 assizes of rhort d'ancestor, being respited by essoin or voucher ought 
 to be adjourned into the bench, it shall be lawful for them to do it, 
 and then they shall send the record jvith the original writ before the 
 justices of the bench ; and when the matter is come to the taking of 
 the assize, the justices of the bench shall remit the matter"^ to the 
 former justices before whom the assize shall be taken. But from 
 
 than narrowing the remedial effects of the ■ named by the parties whom the mat- 
 writ,) might have effectually answered ter concerned, so as the commissioners 
 all the purposes of a court of equity, mere neither indifferent, nor of sufficient 
 except that of obtaining a discovery by knowledge and learning." Id. 
 the oath of the defendant.' 3 Bl. Com. iss for the men of either bench " are 
 52, where, in a note, it is stated that presumed to be men of integrity, indif- 
 " this was the opinion of Fairfax, a very ference, skill and knowledge." Id. 
 learned judge in the time of Edward the 1^4 Here the days were designated, but 
 ' fourth." Year B. 21 Edw. IV, 23. they have been altered by later statutes. 
 
 162 << This act doth not only extend to 2 Inst., 420, 423. 
 authority granted by writ but by commis- W5 That is, by proclamation in open 
 
 sion also." 2 Inst., 418. court. Id., 423. 
 
 " Transgressione (trespass) is here '^^"That is, the record of the assize, 
 
 taken in a large sense for any outrage or together with the original writ, shall be 
 
 misdemeanour." 2 Inst., 419. remanded to be taken, &c., in the proper 
 
 " The mischief before the making of county before the former justices." 
 
 this act was, that commissioners of oyer 2 Inst., 423. 
 and terminer, &c., were procured and 
 
•CH. xvi.J 1272 TO 1307. 405 
 
 henceforth the justices of the bench in such assizes shall give four 
 days at the least in the year before the said justices assigned,. for to 
 5pare expense and labour. Inquisitions of trespass shall be deter- 
 mined before the justices of both benches, except the trespass be so 
 lieinous that it shall require great examination. Inquisitions also of 
 other pleas pleaded in either of the benches shall be determined 
 before them wherein small examination is required, as when the entry 
 or seisin of any is denied, or in case when one article is to be, 
 enquired. But inquisitions of many and great articles, the which 
 require great examination shall be taken before the justices of the 
 bench, except that both parlies desire that the inquisition may be 
 taken afore some of the associates when they do come into those parts ; 
 so that from henceforth it shall not be done but by two justices or 
 one with some knight of the shire, upon whom the parties can agree. 
 And such inquisitions shall not be determined by any justices of the 
 bench, unless a day and a place certain be appointed in the shire, in 
 presence of the parties, and the day and place shall be mentioned in 
 a writ judicial." ^" 
 
 "And when such inquests be taken, they shall be returned into 
 the bench, and there shall judgment be given, and there they shall 
 be enrolled.'"* And if any inquisitions be taken otherwise than after 
 this form, they shall be of no effect,"' except that an assize of dar- 
 rein presentment, and inquisitions of quare impedit shall be deter- 
 mined in their own shire before one justice of the bench and one 
 knight, at a day and place certain in the bench assigned, whether 
 the defendant consent or not, and there the judgment shall be given 
 immediately. All justices of the benches from henceforth shall have 
 in their circuits clerks"" to inroll all pleas pleaded before them, like 
 
 '5' By these words : • PrcEcipimus tibi et loco infia contentis coram (and 
 
 quod venire facias coram justiciariis nameth the justices of assize) justiciariis 
 
 nostris apud Westmonast,' in octa sancii ipsius domini -regis ad assisas'va. com. n. 
 
 Michaelis, nisi talis et talis, die et loco capiend.' assignat' per fornian statuti 
 
 ad partes illas venerint, xii, &c.' Ld- venerunt tarn le pi' quam le def.. Sac." 
 
 Coke says : " The judicial writ now in 2 Inst., 424. 
 
 use hath prius before venerint, and '^^ " For the rule of law is, non obser- 
 
 therefore it talceth the name of nisi vata forma infertur adnullatio actus; 
 
 prius." 2 Inst., 424. And Mr. but that rule is to be understood, de 
 
 Stubbs observes, the justices "re- essentiali forma, a.nd. r^ot de accidentali." 
 
 ceived the name of justices of nisi 2 Inst., 424. 
 
 prius." 2 Stubbs's Const. Hist., ch. 15, ""2 Dy., 1756. "The justices of 
 
 p. 271. courts did ever appoint their clerks." — 
 
 158 "Xhe return of the justices is Ad "The reason thereof is twofold, i. For 
 
 quem diem hie venerunt partes pmd.,' el that the law doth ever appoint those that 
 
 ]usticiarii ad assisas coram quibus, &c., have the greatest knowledge and skill, 
 
 miserunt hie record' in hac verba; and to perform that which is to be done, 
 
 this return is called the postea, because 2. The officers and clerks are but to enter, 
 
 the record beginneth thus : ' Postea die inroll or effect that which the justices 
 
406 
 
 Reign of Edward I 
 
 [tit. IV 
 
 as they have used to have in time passed. And also it is ordained^ 
 that the justices assigned to take assizes shall not compel the jurors, 
 to say precisely whether it be disseisin or not, so that they show the 
 truth of the fact and seek aid of the justices.^*' But if they of their 
 own head will say whether it is disseisin or not, their verdict shall be 
 admitted at their own peril. And henceforth the justices shall not 
 put in assizes or juries any other than those that were summoned to- 
 the same at the first."' 
 
 The commencement of ch. 43 (of Westm. 2) is as follows : 
 
 " Be it prohibited from henceforth to hospitallers and templars, that 
 hereafter they bring no man in plea before the keepers of their privi- 
 leges, for any matter the knowledge whereof belongeth to the king's 
 court."™ 
 
 do adjudge, award or order, the insuf- 
 ficient doing whereof maketh the pro- 
 ceeding of the justices erroneous, than 
 the which nothing can be more dishon- 
 orable and grievous to the justices and 
 prejtidicial to the party ; therefore the 
 law, as here it appeareth, did appropri- 
 ate to the justices the making of their 
 own clerks and officers, and so to pro- 
 ceed judicially by their own instruments." 
 2 Inst., 425. 
 
 1^1 " Before this act some justices did 
 rule over the recognitors to give a pre- 
 cise or direct verdict without finding 
 the special matter." 2 Inst., 422. Ld. 
 Coke says : " It hath been resolved, that 
 in all actions, real, personal and mixt, 
 and upon all issues joined, general or 
 special, the jury might find the special 
 matter of fact pertinent, and tending 
 only to the-issue joined, and thereupon 
 pray the discretion of the court for the 
 law : and this the jurors might do at 
 the common law, not only in cases be- 
 tvyeen party and party, whereof this act 
 putteth an example of the assize, but 
 also in pleas of the crown at the king's 
 suit, which is a proof of the common 
 law, for if this act had made a new 
 law, and that other like cases between 
 party and party had been taken by 
 equity, yet the king had not been bound 
 thereby : " and it is noted that " the 
 
 next precedent clause of this act, and the 
 subsequent, are both in affirmance also 
 of the common law." Id., 425, 426. 
 
 162 The meaning of this last sentence- 
 is, " that the justices shall not suffer the- 
 sheriff to put into the panel any men 
 which were ftever summoned : for be- 
 fore this act of the sheriff had made a 
 panel, and the jurors had not appeared, 
 the sheriff would have impanneUed 
 others of the same county who were 
 never summoned, which was a wrong to 
 them that were so newly returned, and is 
 now prohibited by this act; whereupon 
 any so unduly returned may have his. 
 action against the sheriff, for this act is 
 made for the relief of them that were so 
 unduly returned." 2 Inst., 426. 
 
 i«8 Ld. Coke says : « The hospitallers 
 and templars had divers great liberties 
 and privileges, and amongst the rest they 
 held an ecclesiastical court before a can- 
 onist or some of the clergy whom they 
 termed conservator priviligiorum suo- 
 rum, which judge having indeed more 
 authority than was convenient, yet did 
 he daily, in respect of the height and 
 greatness of these two orders, and at 
 their instance and direction, encroach 
 and hold plea of matters determinable 
 by the common law, for cut plus licet 
 quam par est, plus vult quam licet ; and 
 this was one great mischief. Another 
 
CH. XVI. j 1272 TO 1307. 407 
 
 It being doubted whether the chancellor, treasurer, justices and 
 members of the king's council (being persons of such eminence) 
 were within the words nul minister le roi, in stat. Westrri. i, c. 25 
 (cited in § 6, p. 386), and the stat. Westm. i, c. 28 (2 Inst., 212, 213), 
 extending but to the clerks of the king, or of the justices, the fol- 
 lowing material addition and explanation were made by ch. 49 of 
 Westm. 2. 
 
 "The chancellor, treasurer, justices nor any of the king's council, 
 no clerk of the chancery nor of any justice or other officer, nor any 
 of the king's house, clerk nor lay, shall not receive any church, nor 
 advowson of a church, land nor tenement in fee, by gift nor by 
 purchase, nor to fa!rm, nor by champerty, nor otherwise, so long 
 as the thing is in plea before us, or before any of our officers; 
 nor shall take no reward thereof. And he that doth contrary to 
 this act, either himself or by another, or make any bargain, shall 
 be punished at the king's pleasure, as well he that purchaseth as 
 he that doth sell.""* 
 
 16. Of the statute of Winchester, and other legislation, in 128J. Of 
 justices itinerant in same year, hi what year were the statutes 
 of Exeter. 
 
 The statute dated at Winchester, the 8th of October, in 13 Edw. 
 
 mischief was that this judge, likewise at land or tenement, depending the plea, 
 
 their instance, in cases wherein he had though it be bona fide, and not for 
 
 jurisdiction, would make general cita- champerty or maintenance, partly in 
 
 tions as pro salute animiB, and the like, respect of their greatness, and partly in 
 
 without expressing the matter where- respect of their places, both in the king's 
 
 upon the citation was made, which also courts and in the courts of justice ; so as 
 
 was against law, and tended to the griev- the very countenance and places of these 
 
 ous vexation of the subject, both which men, when they become interested in the 
 
 mischiefs, or rather abuses, are remedied land [eo ipso) are apparent hinderances 
 
 by this act." 2 Inst., 465. of the due and indifferent proceeding of 
 
 '"Ld. Co/I? observes " that neither the law and justice. An excellent law, and 
 
 chancellor, treasurer, any of the justices, worthy to be known, and most necessary 
 
 or any of the king's council, nor any to be put in execution ; so as true it is, 
 
 clerk herein mentioned, nor any of the that if any other person purchase bona 
 
 king's house, of the clergy or laity, shall fide, depending the suit, he is not in 
 
 (hanging the plea) receive any advow- danger of champerty ; but these persons 
 
 son, land or tenement, by gift, purchase here prohibited cannot purchase at all, 
 
 or farm, either for champerty or other- neither for champerty nor otherwise, 
 
 wise; so as none of these persons here depending the plea." 2 Inst., 484. 
 prohibited can acquire any advowson, 
 
408 Reign of Edward I [tit. iv 
 
 I,'*° is published at large by Mr. Stubbs."° He cites it in connection 
 with Stat. Westm. 2 to "illustrate the character of the wise law- 
 giver"; and says, 
 
 "Together they form the culminating point of Edward's legislative 
 activity, for although several important acts were passed in his later 
 years, there are none which shew so great constructive power or 
 have so great political significance, unless indeed, we except the 
 statute of 1290.""" 
 
 In ch. 15 § 36 p. 363, there is mention of Articuli Cleri in 51 Hen. 
 III. Lord Coke says, the 'act of parliament entitled prohibitio for- 
 matade statuto articuli cleri' 'was made in the time of Edward the 
 first, about the beginning of his reign.' 
 
 "After this, the clergy, at a parliament holden in the reign of the 
 same king, E. I, preferred articles intitled articuli contra prohib- 
 itionem regis, fearing lest by reason of some general words therein, 
 they might be prohibited in causes which of right belonged to the 
 ecclesiastical jurisdiction." — "And a just and legal answer was made 
 thereunto." — " But it is to be observed that they claimed nothing 
 which was against the true meaning of the" "act caWed prohibitio 
 forniata de statuto artic! cleri, nor any of Boniface's canons to be 
 confirmed."™ 
 
 In 13 Edw. I was the statute 'de circumspecte Agatis.'™' And Mr. 
 Stubbs considers that to this year (1285) must be "referred the 
 decision of the contest, which had been so long proceeding, on the 
 jurisdiction of the ecclesiastical courts.""" The statute 'de circum- 
 specte Agatis,' which was remarked on in Virginia, in 1826,"^ is the 
 subject of observations by Mr. Stubbs in more than one of his vol- 
 umes."^ 
 
 Hamon Hauteyn™ sat, with Ralph de Hengham and others, as a 
 
 165 1 Statutes of the Realm, 96-98. ""2 Const. Hist., ch. 14, pp. 118, 119; 
 
 Part of Sect. 6 is in i ' Revised Statutes,' Green's Short Hist., ch. 4, \ 2, p. 192. 
 
 edi. 1870, p. 74. As to 9 Edw. ii, see post, ch. 18, \ 15. 
 
 '^Select Charters, p. 459 to 464. i"By Dade, J., in Anderson v. Com., 
 
 •«'2 Const. Hist., ch. 14, p. 118; 5 Rand. 629. 
 
 I Green's Hist, of Engl. Peop., book 3, "^ 2 Const. Hist., ch. 14, p. 119; 
 
 ch. 4, pp. 334, 335. 3 Id., ch. 19, p. 347. 
 
 16*2 Inst., pp. 600, 601 ; I Stat, of the '"Supposed to be so named from a 
 
 Realm, p. 209. manor called Hauteyn's, in the parish of 
 
 "'2 Inst., p. 4S7 to 493; I Stat, of the Bemham-Broom in Norfolk. He held 
 
 Realm, loi ; i ' Statutes Revised,' edi. some office in the Exchequer. Being 
 
 1870, p. 74 to 76. entrusted with the sheriffalty of Lincoln- 
 
CH. XVI.] 1272 TO 1307. 409 
 
 justice itinerant for Suffolk county in 1285 (13 Edw. I)."* 
 
 Nicholas le Gras""^ is the last named of the justices itinerant 
 appointed into Northamptonshire by a writ of Aug. 3, 1285 (13 
 Edw. !)."» 
 
 To 14 Edw. I has been ascribed "the Statutes of Exeter.""' 
 
 17. In the chancery court, many officers; to John de Langton is 
 traced in 14 Edw. I {1286) the title of Master or Keeper of the 
 Rolls. With this office is united that of Custos 'domus con- 
 versoru7n! 
 
 In Lord Coke's chapter of 'the Court of Chancery,' it is said, 
 "There be in this court many officers, ministers and clerks of the 
 court, the principal' whereof is the master of the Rolls, anciently 
 called garden des rolles, clericus rotulorum, custos rotulorum." ™ 
 
 John de Langton, who had been a clerk in the chancery, is in a 
 patent of 14 Edw. I (1286), called 'Custos Rotulorum Cancellaria 
 Domin. Regis^ a duty which then probably devolved on the senior 
 •clerk of the chancery; and is the first person to whom the title of 
 master or keeper of the Rolls is distinctly traced."' 
 
 In this reign the office of custoes 'Domus Conversorum' mentioned 
 in ch. 15, § 39, p. 370, note 481, was first united with that of Master of 
 the Rolls. After, "by the banishment of the Jews from England, the 
 object of its foundation gradually ceased, the house was annexed to 
 the office of master of the Rolls, and thenceforward received the 
 
 shire, in 44 and 45 Hen. Ill, he incurred and Sussex in 8 Edw. I, and held the 
 
 an amercement of 10 marks for delaying office for five years. In 10 Edw. I, was 
 
 the execution of the writ till it was too committed to his charge the castle of 
 
 late to act upon it. He was, in i Edw. I, Odyham, in Hampshire. Id. 
 
 a justice of the Jews, and acted as asses- ^'^He was possessed of the manors of 
 
 sor in London and Middlesex, of the Renger in Terling, and of Little Ba- 
 
 lifteenth granted in 3 Edw. I. Foss's dewe in Essex. Id. 
 
 Biogr. Jurid. "' l Stat, of the Realm, p. 210, et seq. 
 
 "*In the next year (1286) being called "^4 Inst., 95. 
 
 to account by the treasurer and barons of ^™ He was an ecclesiastic, and held 
 
 the Exchequer, and convicted of misde- among other preferments canonries in 
 
 meanors, he was suspended from his the churches of Chichester, Lincoln and 
 
 office of justice of the Jews. Id. York, and the treasurership of Wells. 
 
 175 vVas appointed sheriff of Surrey Foss's Biogr. Jurid. 
 
410 Reign of Edward I [tit. iv 
 
 name by which it" has been since "distinguished."'™ 
 
 i8. In 1286 the king took with him to Gascony the Chancellor an(t 
 the Great Seal. Working of the justices in his absence. In 
 I28g the barons refused him a grant until they should see him, in 
 his own land. On his return he heard complaints against the 
 justices. The two chief justices and some other officers are 
 rem.oved froTn office, fined and otherwise punished ; and are suc- 
 ceeded by Gilbert de Thornton and fohn de Metingham and' 
 others. Of Metingham. as a judge, a scholar and an author. 
 
 In May, 1286, Edward went to Gascony, leaving the kingdom 
 under the care of his cousin, Edmund of Cornwall, and taking with, 
 him the Chancellor and the Great Seal."'*' Absence of the king 
 and chancellor did not prevent the justices . from working. Walter 
 de Stircheleye^^'' is the last named of six justices itinerant sent into 
 Hertfordshire in 15 Edw. I (1287).'^ 
 
 In 1289 "the parliament met at Candlemas " (Feb. 2). "fohn 
 Kirkeby, now bishop of Ely and treasurer, laid the 'king's needs 
 before the magnates." — " The Earl of Gloucester, the same Gilbert 
 of Clare who had fought for Edward at Evesham and had been the 
 first to swear fealty at his accession, who was now betrothed to the 
 king's daughter, was the spokesman of the barons; nothing, he 
 affirmed, should be granted until they should see the king's face in 
 his own land." 
 
 Edward returned home, landing at Dover on the 12th of August. 
 He found himself besieged with complaints against the judges.'^ 
 
 ^^ Id., William de Middleton laelA ibt shire, holding the former office for four, 
 
 place of Keeper of the Rolls and Writs and the latter for three years. Foss's 
 
 of the Jews in 2 and 3 Edw. I, together Biogr. Jurid. 
 
 with the key of the Jewish tallage. Id. ^^In Mich. T., of 15 Edw. I, there 
 
 ^8' 2 Stubbs's Const. Hist., ch. 14, was a suit between Walter, the son and 
 p. 119; Id., ch. 15, p. 268. It is stated heir of Walter de Stircheleye, and Wal- 
 that, in 1 288, a flash of lightning passed ter, the son of Reginald de Stircheleye, 
 between Edward and his Queen, leaving and others, relative to a considerable 
 them unhurt, but killing two ladies in property in Stircheleye, in Shropshire;, 
 the room. 2 Turner's Engl., ch. 2, p. 40, which of the three Walters was the jus- 
 note 4. tice itinerant does not appear. Id, 
 
 182 Sheriff of Gloucestershire in 9 ^^2 Stubbs's Const. Hist., ch. 14,, 
 
 Edw. I, and in 10 Edw. I of Lincoln- p. 120. 
 
CH. XVI.J 
 
 1272 TO 1307. 
 
 411 
 
 By a letter of September 24, 1289, Ralph de Sandwich'^^ was- 
 associated with John de Lovetot and other judges of the Common 
 Pleas, as chief justice in the place of Thomas de Weyland. It is. 
 suggested by Mr. Foss that "as term was about to commence, King 
 Edward, no doubt, commissioned him, in his character of constable 
 of the Tower, an office then of great importance, to act ad interim, 
 to prevent an interruption in the ordinary business till the charge was 
 investigated.'^ , 
 
 "On the 13th of October" the king "appointed a commission 
 under BurnelF*' to hear the complaints at Westminster on the 12th 
 of November, and to report to him at the next parliament. The 
 result of the enquiry was the removal of the two chief justices, Heng- 
 ham^^ and Weyland,^^ Henry Bray, the escheator, Adam Strat- 
 
 '^ Mentioned in ch. 15, § 36. There 
 was committed to his custody, in I Edw. 
 I, the vacant bishopric of London, and, 
 in 5 Edw. I, the castle of Arundel. 
 From that year to the ninth, he acted 
 as escheator south of the Trent, under 
 the title of ' Senescallus regis.' In 14 
 Edw. I, he was appointed constable of 
 the Tower of London. Foss's Biogr. 
 Jurid. 
 
 ^^ Ralph de Sandwich continued in 
 this office till Feb., 1290 (Gent. Mag., 
 March, 1852, p. 267). In 30 Edw. I, 
 he is called 'justice de Newgate.' He 
 probably died in i Edw. II. Id. 
 
 187 Xhe other commissioners were the 
 earl of Lincoln, the bishop of Win- 
 chester, John S. John, William Latimer, 
 William de Louth, and William de 
 March. 2 Stubbs's Const. Hist., ch. 14, 
 p. 120. 
 
 '** Besides being removed from office 
 he was fined; there is some uncertainty 
 as to the precise charge against him 
 (Rot. Pari, i, 48, 52), and the amount of 
 the fine (2 R. 3. 10 a). Foss's Biogr. 
 Jurid. The statement in 4 Inst., 255, is, 
 that " Ranulphus de Ingham, chief jus- 
 tice of England,— a very poor man, being 
 fined before him at 13J. ^., — in another 
 term, moved with pity, caused the record 
 
 to be razed, and made 6j. %d., for which 
 he, for his fine, made the dock (to be 
 heard into Westminster Hall), and the 
 clock-house in Westminster, which cost 
 him 800 marks, and continueth unto this 
 day, which sum was entered into the 
 roll." 
 
 i'^ Against him the imputation was 
 of heinous crime. " After his appre- 
 hension he escaped from custody, and 
 disguising himself, obtained admission 
 as a novice among the friars minors at 
 St. Edmund's Bury. On the discovery 
 of his retreat, the sanctuary was re- 
 spected for the forty days allowed by 
 the law, after which the introduction of 
 provisions into the convent was pro- 
 hibited. The friars, not inclined to 
 starvation, soon retired; and the fallen 
 judge, finding himself deserted, was 
 compelled to deliver himself up to the 
 ministers of justice, and was conveyed to 
 the Tower. The king's council gave 
 him the option to stand his trial, to be 
 imprisoned for life, or to abjure the 
 realm." He chose the latter. " The 
 ceremony consisted of his walking bare- 
 foot and bareheaded with a crucifix in 
 his hand, from his prison to the seaside, 
 and being placed in the vessel provided 
 for his transportation.'' To the crown. 
 
412 
 
 Reign of Edward I 
 
 [tit. IV. 
 
 ■ton}'^ clerk of the Exchequer, and" others.'" 
 
 There is not, in connection with the courts, any mention of the 
 name oi John Cave after 1283,"^ or of that of Elias de Sutton later 
 than 15 Edw. I,'"' or of that of Peter de Chester^'^ after 1288. John 
 
 was forfeited all his property (stated to 
 have been of the value of 100,000 
 -marks), with the exception of what was 
 transferred to the abbot of St. Edmund's 
 Bury, a small grant to his wife and such 
 manors as were saved from the general 
 wreck, by means of his wife and children 
 being co-feoffees of them with him. 
 Foss's Biogr. Jurid. 
 
 ^'"Some style him chief baron, but 
 the office of chief baron eo nomine did 
 not then exist. Nor was he a baron of 
 the Exchequer, except that, " as being 
 chamberlain, he would sometimes set 
 with the barons." The charge against 
 him must have been of serious crime. 
 For not only was he dismissed from 
 the office of chamberlain (Jan. 17, 1290,) 
 and from the moiety of that of usher of 
 the Exchequer, which it seems belonged 
 to him (Abb. Plac. 223, 283 ; Madox ii, 
 299, 300), but he was imprisoned, and 
 the whole of his property forfeited, be- 
 sides the imposition of a fine of 500 
 marks. Foss's Biogr. Jurid. 
 
 '91 2 Stubbs's Const. Hist., ch. 14, 
 p. 120. In his exposition of Statutum 
 de Judaismo, Ld. Coke says : " At this 
 parliament also of this noble king, E. 
 I, in the l8th year of his reign, another 
 kind of Jews were severely punished, 
 viz : the judges of the king's bench, 
 and of the common pleas, the barons of 
 the Exchequer, and the justices itin- 
 erants, except two, whom, for their 
 honour, we will name (in metnoria 
 aterna erit Justus), viz: Sir John of 
 Metingham, chief justice of the common 
 pleas, and Elias de Bekingham, one of 
 his companions (qui posiii fuerunt in 
 fornace et prodierunt aurum), for they 
 had dealt uprightly in their places, and 
 
 had never stained their hands with 
 sordid bribery." 2 Inst., 508. 
 
 Although William de Sahan was not 
 only removed from the King's Bench, 
 but fined 3,000 marks, yet he is described 
 in a document (Bib. Cott. Claud., E- 
 VIII, p. 206,) as entirely innocent ' in 
 quo dolus seu fraus non est inventus', 
 and as paying the fine to conciliate the 
 king. He was alive in 28 Edw. I. 
 Foss's Biogr. Jurid. 
 
 Of the Common Pleas John de Love- 
 tot was removed and imprisoned in the 
 Tower; for his redemption from which 
 he paid a fine of 3,000 marks. He died 
 in 1294. Roger de Leicester was re- 
 moved; released from imprisonment on , 
 paying 100 marks. William de Bramp- 
 ton, also removed, had to pay for his 
 enlargement 6,000 marks. Id. 
 
 Some of those who had been justices 
 itinerant shared in the disgrace. Solo- 
 mon de Rochester (or de Roff) had to 
 pay a fine of 4,000 marks. Thomas de 
 Sodington (or Sadington) paid 2,000 
 marks, and Richard de Boyland 4,000 
 marks. Walter de Hopton was also 
 fined, but in a petition made such ex- 
 planations as were viewed with some 
 favour. Id, 
 
 192 Dugdale inserts him as a justice of 
 the King's Bench in 1283 (11 Edw. I). 
 Foss's Biogr. Jurid. 
 
 1'^ He was a judge of the King's 
 Bench in 13 Edw. I (1285); and is men- 
 tioned in that character 'after Easter, 15 
 Edw. I.' He died in 1289. Id. 
 
 19* He had been in 54 Hen. Ill (1270) 
 a justice itinerant for pleas of the forest. 
 In 1282 he received the provostship of 
 Beverley. He was appointed a baron of 
 the Exchequer in 12 Edw. I (1284), and 
 
CH. XVI.J 
 
 1673 TO 1307. 
 
 413 
 
 de Metingham^^^ was one, and Elias de Beckingham^'^ was the other 
 of two mentioned (by Lord Coke) as pure in the administration of 
 justice. William de Middleion^^' who, in 1286, was appointed a 
 baron of the Exchequer, continued there for the four following 
 years."'* 
 
 Now, Gilbert de Thornton}^ (or de Torenton) was constituted 
 chief justice of the King's Bench™" with Roger le Brabazon™^ and 
 Robert Malet^ as associates. John de Metingham was raised to the 
 head of the Common Pleas with Elias de Beckins^ham^^ William de 
 
 continued to act till 1288. He died 
 about 1298. Id. 
 
 •'s Born at a village, so called', in Suf- 
 folk. He is mentioned, in 3 Edw. I 
 (1275), as one of the king's Serjeants; 
 and, in 1276, was constituted a judge of 
 the King's Bench ; he frequently appears 
 as acting in the court and on the circuits. 
 Id. 
 
 '^^ He is first mentioned as at the bot- 
 tom of the list of justices itinerant into 
 Middlesex in 2 Edw. I (1274); in 4 
 Edw. I, he was one of the justices of 
 assize then appointed. Afterwards' he 
 was keeper of the records and writs of 
 the Common Pleas ; an allowance of 20 
 shillings was made to him for the ex- 
 penses of their carriage from West- 
 minster to Shrewsbury, where the king 
 on his expedition to Wales, in n Edw. I, 
 had ordered the court to be held. At 
 Michaelmas, 13 Edw. I, he was raised to 
 the bench as a judge of the Common 
 Pleas. Id. 
 
 i9'In 1296, William de Middleton 
 was appointed Custos Brevium of the 
 court of Common Pleas; in 11 Edw. 
 I, the lands of Isabella, widow of 
 Henry de Gaunt, were committed to his 
 custody. In 1286 he was associated 
 with the escheator in the custody of tke 
 bishopric of Ely on its becoming 
 vacant. Id. 
 
 ^^Id. 
 
 ^"Mentioned as the king's attorney 
 from 8 to 14 Edw. I (1280-6). This 
 may have been no more than a special 
 appointment to act on the king's part in 
 a particular proceeding: there were in 
 those times two or three so acting in dif- 
 ferent counties under the designation of 
 ' narratores pro rege.' [Abb. Placit., 
 274.) Foss's Biogr. Jurid. 
 
 200 With a salary of ;^40 per annum . 
 he acted as late as Aug., 1295. During 
 his presidency of the cgurt he composed 
 a Compendium of the Law (in the nature 
 of an abridgment of Bracton's work), 
 which is mentioned in ch. 17, § 8. 
 
 201 Descended from Roger le Braba- 
 zon, who came over with the Conqueror. 
 In 15 Edw. I (1287), this descendant 
 acted as a justice itinerant for pleas of 
 the forest in Lancashire; that he was 
 high in the king's esteem is evident from 
 his prominent part in the., meeting of 
 Scottish nobility and clergy at Norham, 
 May 10, 1291. Foss's Biogr. Jurid, 
 
 '^^ He is mentioned in this character 
 as late as 1294, in which year he died. 
 Id. 
 
 2<" He died or retired from the bench 
 in 34 Edw. I (1305), He was buried at 
 Bottisham church, in Cambridgeshire. 
 Id. 
 
414 Reign of Edw^ard I [tit. iv 
 
 Giselham,^* Robert de Hertford'^' and Robert de Thorpe'^ as asso- 
 ciates. 
 
 From Porphirius, who, born at Tyre in 233, had at Athens Lon- 
 ginus for his instructor, and at the age of thirty removed to Rome.'"' 
 Metingham, C. J., in 21 Edw. I, quoted through a translation: 
 
 "Accidens est quod adest et abest pmter subjecti corruptionem." ™ 
 An accident is something which may be present or absent, without 
 detriment to the subject. 
 
 This has been referred to as decisive evidence of Metingham's 
 liberal education.™ He wrote a treatise called 'Judicium Essoni- 
 orum! "° 
 
 ig. In 18 Edw. I estate recovered on the ground of illegitimacy. 
 Business of parliaments of i2go ; and of i2gi-2. Of the 
 expulsion of Jews from, the realm; deaths of the queen and 
 the treasurer ; appointments of new treasurer and additional 
 barons of the Exchequer. Death, in I2g2, of Chancellor Bur- 
 nel. His character. The Master of the Rolls (^fohn de Lang- 
 ton) elevated to the chancellorship. Walter de Langton made 
 treasurer. Trouble arising from P: de Gaveston. 
 
 "In a suit in 18 Edw. I," was "recovered a considerable estate in 
 Bedfordshire -from Henry, the son of Beatrice, the widow of Robert 
 de Badeswell, by proving that Henry was born eleven days after the 
 forty weeks which is the legitimate time of bearing by women; the 
 more especially as it was further shewn that Beatrice had no access 
 to her husband for one month before his death." ^" 
 
 The title of the earliest Rolls of Parliament extant, viz.: 18 E. I, 
 
 2°* He probably took his name from 3. Sententice ad intelligibilia ducentes; 
 
 the place, so called, in Suffolk. On oc- 4. De Antra Nymphorum. Watkins's 
 
 casions, from 7 to 14 Edw. I, he is Biogr. Diet., edi. 1822. 
 described as' the king's attorney; in ™* Year Book, 21 and 22 Edw. I, 
 
 10 Edw. I, he and Gilbert de Thornton p. 73. 
 
 are designated narratores pro rege.' In ''"'P. 1 1 of Preface to. Id. 
 
 Jan., 1293, he was killed (7 Rep. Pub. ^'"He presided over the Common 
 
 Rec, App. ii, 249). Foss's Biogr. Jurid. Pleas till his death, in 1301. Among the 
 
 '^^ He acted till 1295. Id, benefactors of the university of Cam- 
 
 ™*As his name does not occur after bridge, prayer is directed to be made 
 
 1 291, he probably died in that year. Id. 'pro anima Lni John de Metyngham.' 
 
 2"' He died at Rome in 304. His Foss's Biogr. Jurid. 
 existing works are — l. De abstinentia ab ^'^ Foss's Biogr. Jurid., tit. .fla</ifja/<//, 
 
 esu animalium; 2. De Vita Pythagora; p. 544, of edi. 1870. 
 
•CH. XVI.] 
 
 1272 TO 1307. 
 
 415 
 
 vol. I, p. 15, is, 'Placita coram Domino Rege et ejus consilio ad Par- 
 liamenta sua.''" In 1290, the January parliament''" left business to be 
 completed in a second session three weeks after Easter. In April 
 the king's daughter, Johanna, was married to the Earl of Glouces- 
 ter.''^* It is not until the 29th of May, that the full parliament is 
 found sitting. On that day a grant of aid purfille marier is made.'" 
 The statute of Westminster the third, ' Qura Emptor es''^'^^ was 
 enacted on the 8th of July.''" In the same year (18 Edw. I) is 'The 
 Statute of Quo Warranto;'"' and 'The Statute of the writ of Con- 
 sultation.' '^^ These statutes are retained in England in ' The Statutes 
 Revised.''^" 
 
 Before the close of that session, to-wit: on the 14th of June, writs 
 had been issued directing the sheriffs to return knights to appear at 
 Westminster on or before the 15th of July.'"" In this parliament 
 business of a financial character was transacted ; ""'' and the subjoined 
 statutes '" were enacted. The king "at the same time, by an act 
 done by himself in his private council," "banished the Jews from 
 England ; the safe conduct granted them on their departure is dated 
 on the 27th of July."""* 
 
 ^^ I Spence's Eq., p. 332, note (<f.) 
 
 ^''It was summoned for Jan. 13, and 
 5at until Feb. 14. 2 Stubbs's Const. 
 Hist., ch. 14, p. izi. 
 
 2" His divorce, in 1283, from his first 
 wife, was sanctioned by the pope in 
 1289. Id., p. 121, note 2. 
 
 »5 Stubbs's Select Charters, p. 466; 
 2 Const. Hist., ch. 14, p. 121. 
 
 ^i Stat, of the Realm, io6; Select 
 Charters, p. 468 ; 2 Inst., 500. 
 
 ^'2 Stubbs's Const. Hist., ch. 14, 
 p. 122. 
 
 ™2 Inst., 494; I Stat, of the Realm, 
 107. 
 
 '^ Id., 108. • Modus levandi fines' is 
 in Id., 214, and 2 Inst., 508. 
 
 i^oEdi. 1870, vol. I, p. 77 to 82. 
 
 ^ Select Charters, p. 467. 
 
 "22 2 Stubbs's Const. Hist., ch. 14, 
 p. 122. 
 
 22s < -pjjg statute of persons vouched to 
 warranty who are present.' i Stat, of 
 the Realm, pp. 108, 109 ; ' Statute of 
 Waste, Id., pp. 109, no; ' Statute of de- 
 fending right,' Id., 1 10 ; ' Statute of 
 writs for making inquisitions of lands to 
 be put in mortmain,' Id., Ill; and 
 •Statute of amortising lands,' Id., in. 
 
 22*2 Stubbs's Const. Hist., ch. 14, 
 pp. 122, 123. For 'Statutum de Ju- 
 daismo,' there may be reference to 
 I Stat, of the Realm, 221, and 2 Inst., 
 506. As to the wicked conduct in Eng- 
 land to the Jews, see Id., pp. 506, 507, 
 508; 2 Turner's Engl., ch. 2, p. 112, and 
 p. 114 to 121 ; 3 Lingard's Engl., ch. 3, 
 pp. 253, 254; Green's Short Hist., ch. 4, 
 g 5, p. 224. Though Edw. I "bought 
 the grant of a fifteenth from clergy and 
 laity by consenting to drive the Jews 
 from his realm," yet Mr. Green says 
 
416 
 
 Reign of Edward 
 
 [tit. IV 
 
 The king was deprived by death, in 1290, of his queen "^ and his 
 treasurer ; ^'^ his chancellor was soon to follow. 
 
 William de Marchia, to whom the Great Seal was delivered Feb. 
 
 24, 1290, by Bishop Burnel, the chancellor, was then merely an 
 officer of the wardrobe, a usual or appropriate place for depositing 
 the seal. He was promoted to the office of treasurer at the end of 
 the same year. ™ 
 
 One of Bishop Bumel's last acts was his attendance as chancellor 
 at Norham, in 1291, when King Edward acted as arbitrator between 
 the competitors for the crown of Scotland.''^^ The bishop died Octo. 
 
 25, 1292, at Berwick upon Tweed.^'^* He has the reputation of an 
 active and a wise minister. Mr. Foss observes that " no chancellor be- 
 fore him had ever held the Seal so long or retained so uninterruptedly 
 his sovereign's confidence ; " and that his distinction is well merited 
 from the wisdom of his counsels and the zeal and assiduity with 
 which he aided the king's efforts in the improvement of the law.^" 
 
 " no share of the animosities which 
 accompanied this expulsion can fall 
 upon the king, for he not only suffered 
 the fugitives to take their personal 
 wealth with them, but punished with 
 the halter those who plundered them at 
 sea. But the expulsion was none the 
 less cruel. Of the sixteen thousand 
 who preferred exile to apostacy, few 
 reached the shores of France. Many 
 were wrecked, others robbed and flung 
 overboard." i Green's Hist, of Engl. 
 Peop., book 3, ch. 4, pp. 340, 341. 
 
 ''^^On her way to join the king in 
 Scotland, she was " seized with a 
 dangerous autumnal fever at Herdby, 
 near Grantham, In Lincoln county ; she 
 expired Nov. 29, in the 47th year of her 
 age. Edward instantly turned south- 
 ward ; he was, ' during thirteen days, in 
 the progress of the royal funeral from 
 Grantham to Westminster.' Queen 
 Eleanora was buried at the feet of her 
 father-in-law. Her elegant statue, re- 
 clining on a tomb of grey Petworth 
 marble, was cast in bronze, not by Peter 
 
 Cavalini (mentioned in Walpole's Anec- 
 dotes of Painters, vol. I, p. 2g,et seq.^oi 
 edi.' 1786), but by Torelli, otherwise 
 called Master William, the Florentine^ 
 To cast this statue, he built his furnace 
 in St. Margaret's church yard. Miss 
 Strickland's Queens of England, vol. 2,. 
 pp. 103, 104, of Phila. edi. 1857. 
 
 Mr. Stubbs says of Edward, 'The 
 death of his wife, in Nov., 1290, may 
 have contributed to sour him, and must 
 have robbed him of a faithful and gentle 
 counsellor.' 2 Const. Hist., ch. 14^ 
 p. 124. 
 
 226 As Stated in § 12, p. 396, John de 
 Kirkeby died March 26, 1290. 
 
 2" Foss's Biogr. Jurid. 
 
 2283 Lingard's Engl., ch, 3, p. 206, et$eq^ 
 
 229 I Roll's abr., tit. Chancellor, p. 385^ 
 No. 3 ; Foss's Biogr. Jurid. His body 
 was removed to Wales, and buried there. 
 Id. 
 
 2'" Id. Wiliam de Marchia was elected 
 Bumel's successor in the bishopric of 
 Bath and Wells, Jan. 26, 1293, being a 
 canon of the latter cathedral at the time. 
 
CH. XVI.] 1272 TO 1307. 417 
 
 On Bishop Bumel's death, the Great Seal was delivered, under 
 William de Hamilton' s^^ seal, into the king's wardrobe; and the 
 record states that he sealed the writs therewith before accompanying 
 the chancellor's remains to Wells as one of his executors.''''^ The 
 delivery into the king's wardrobe, under William de HamiliorCs 
 seal, was to Walter de Langton^ as custos of the wardrobe. 
 
 John de Langton (mentioned in § 17, p. 409) was appointed chan- 
 cellor December 17, 1292,^^* and pursued the prudent and sagacious 
 course of Bishop Burnel, his predecessor. 
 
 William de Marchia continued treasurer during several years — 
 probably until Sept. 28, 1295.'"^ Walter de Langton was then raised to 
 the treasurership ; and in the following February was elected bishop 
 of Coventry and Lichfield, still retaining the office of treasurer.''' 
 
 Although possessing the king's confidence and favour, his integrity 
 and boldness in correcting the insolence of Peter de Gaveston and 
 Prince Edward's other servants, and restraining their expenses, 
 occasioned him much trouble and persecution. In 1301 he was 
 charged with such heionus crimes by " Sir John Lovetot (as adul- 
 tery, simony and .homicide) that the king was obliged to dismiss 
 him till he had purged himself. For this he was compelled to take 
 a journey to Rome; where, after great cost, he succeeded, and was 
 not only reinstated in June, 1303, but received the strongest proof of 
 his sovereign's conviction of his innocence, by being made principal 
 executor of the king's will.'"" 
 
 ^•He had property in Cambridge. and in Dec, 1298, dean of York; he 
 
 He was, in 8 Edw. I (1280), a justice was also dean of the church of St. 
 
 itinerant, but for pleas of the forest only, Burian, in Cornwall. Id. 
 in Hampshire and Wiltshire ; and was, ^^ He was born at West Langton, in 
 
 in 10 Edw. I, custos of the bishopric Leicester county, and was nephew of 
 
 of Winchester and of the abbey of Hide. William de Langton, dean of York. 
 
 He seems afterwards to have become a He was himself dean of the free chapel 
 
 clerk in the chancery. There is one at Bruges, a canon of Lichfield, and one 
 
 letter addressed to him as the kings of the pope's chaplains. Id. 
 vice-chancellor, dated JJov. 12, 1286 234 j„ jggy he received the arch- 
 
 (7 Rep. Pub. Rec, App. xii, 242,251); deaconry of Canterbury, then a very 
 
 and another from the regent Edmund, valuable preferment, 
 earl of Cornwall, with directions re- ''■^^ He was bishop of Bath and Wella 
 
 lating to the chancery. Foss's Biogr. until his death. He died June 11, 1302,. 
 
 Jurid. and was buried at Wells. Id. 
 
 232 1 Roll's abr., tit. Chancellor, p. 385, ™ Id. 
 
 No. 3. He was made, in 1292, arch- *" Foss's Biogr. Jurid.; 2 Stubbs's. 
 
 deacon of the West Riding of York; Const. Hist., ch. 14, pp. 150, 151. 
 27 
 
418 Reign of Edward I [tit. iv. 
 
 20. Justices and Barons in 1291, 1292 and. 1293; including those 
 named in year books of 20 & 21, and 21 & 22 Edw. I. 
 
 Peter de Leicester and William de Carleton, whose dutips as 
 justices of the Jews terminated with the expulsion of the Jews, were, 
 in 1 29 1, appointed regular barons of the Exchequer.'^* 
 
 In recent publications'"" may be seen in one volume reports of 
 "pleas before John de Berewike and his companions, justices in 
 eyre, at Hereford, in the Octaves of Trinity," in 20 Edw. I;'™ 
 reports of " pleas in the Salop iter XX Edward I, the justices being 
 John de Berewike, William de Bereford, Hugh de Cave, John de 
 Lythegrenes and Thomas de Normanvill;"''''^ reports of "pleas in 
 the bench, after Christmas, in the 20th year of the reign of the 
 king;'"**^ and reports of "pleas in the Stafford iter XXI Edw. I, the 
 justices being John de Berewike, Thomas de Normanville, William 
 de Bereford, John de Lithegreyns and Hugh de Cave'' '^^ 
 
 And in another volume, reports of "pleas in the bench in Easter 
 Term, in the 21st year of the reign of King Edward;"''" "pleas in the 
 bench after Pentecost, in the 21st year of the reign of the king ; " ^*^ and 
 . ^' pleas at London, in the Middlesex iter after the feast of Saint 
 Michael," in 22 Edw. I.^" The justices sat in the Strand, not far 
 from Temple Bar."' 
 
 238 Foss's Biogr. Jurid. The king, in» 2" In Mr. Horwood's preface to Id., it 
 
 25 Edw. I, employed William de Carle- is said : " In the Liber Custumarum 
 
 ton, with two others, to collect a sum of (p. 293, ed. Riley) we find under the 
 
 ten thousand pounds from the merchants date, 22 Edw. I, this entry in Latin : 
 
 at Antwerp. (Rot. Pari, i, 169, 194.) Id. 'In this year, in the Quinzein of St. 
 
 239 " By the authority of the Lord's Martin, the itinerant justices sat outside 
 
 Commissioners of Her Majesty's Treas- London, at the Stone Cross in the house 
 
 ury, under the direction of the Master of the Bishop of Coventry, in the county 
 
 of the Rolls." of Middlesex.' William de Langton, 
 
 ^lOYear books, 20 and 21 Edw. I, afterwards Bishop of Coventry and 
 
 (London, 1866,) p. I to 207. Lichfield (sometimes called Bishop of 
 
 ""•^ Id., p. 209 to 293. Chester), and for sometime the King's 
 
 2*2 Id., p. 296 to 369. Treasurer, built the house in the Strand, 
 
 ""^ Id., p. 371 to 479. called Chester House, and it was at his 
 
 '"Year books, 21 and 22 Edw. I, house that the justices sat. It was near 
 
 (London, 1873,) p. i to 151. the Maypole on the Strand. (See 
 
 ""^ Id., p. 153 to 297. Blount's Fragmenta Autiquitatis, p. 109, 
 
 "^ Id., p. 399 to 641. 4to ed'n.") 
 
•CH. xvi.J 1272 TO 1307. 419 
 
 Of the justices thus named in the Year Books of 20 and 21 Edw. I, 
 some information is derived through Mr. Foss. The high character 
 oi John de Berewyk^^is evidenced by his being one of the executors 
 of Queen Eleanor (Abb. Rot. Orig. i, 80). In all the circuits in 
 which he was named among justices itinerant from 20 Edw. I 
 (1292), to nearly the end of the reign, he was invariably at their 
 head. He was summoned also among the judges to parliament 
 during the same interval, and on one occasion was appointed to 
 receive and answer all petitions from Ireland and Guernsey which 
 -could be answered without reference to the king (Pari. Writs, i, 
 468).^" 
 
 William de Hereford was a justice of the Common Pleas. Prynne 
 (on 4 Inst., 20) gives two commissions to him in conjunction with 
 Robert de. Hertford and Robert Malet, to enquire as to a murder in 
 20 Edw. I ; and in the parliament that met after Easter in the follow- 
 ing year, Eustace de Paries and John, his brother, were convicted of 
 insulting 'William de Bereford, a justice of our lord the king,' in 
 the Aula Regis, by imputing to him corrupt and improper conduct 
 during his iter into Staffordshire; and they were imprisoned in the 
 Tower for their contempt.'"'^" 
 
 ' * 
 
 Hugh de Cave'^^ was, in 21 Edw. I (1293), the last named of four 
 justices itinerant for Surrey county, and was among the justices 
 
 ^*8 He was, in 7 Edw. I, appointed ■ can 'be little doubt, as he is summoned 
 
 custos of the vacant abbey of St. Ed- among them to the parliaments of the 
 
 raund; and, in the next year, had a first two years of that reign. (Pari, 
 
 similar grant over the bishopric of Lin- Writs ii, 536.) He died in 6 Edw. II, 
 
 coin. (Abb. Rot., Orig. i, 33, 35.) In 1312, and was possessed of manors and 
 
 1 1 Edw. I, he was assessor in Dorset- other lands in the counties of Essex, 
 
 shire of the thirtieth, granted by the Hants, Wilts, Norfolk and Suffolk, 
 
 counties south of Trent. (Pari. Writs Biogr. Jurid. 
 
 i, 13.) In 13 Edw. I, he was keeper of 250«He continued to act duriiig the 
 
 the queen's gold (Madox i, 361) ; and in remainder of the reign, and was one of 
 
 -18 Edw. I, he delivered into the ward- those selected to treat with the Scots in 
 
 robe the Roll of peace and concord 33 Edw. I,, and was placed in the com- 
 
 between the chancellor and scholars of mission of trailbaston for the northern 
 
 the university of Oxford, and the mayor counties in the last year of the reign." 
 
 and burgesses of that city. (Rot. Pari. Biogr. Jurid. 
 
 i, 33.) Biogr. Jurid. ss^n j Edw. I, clerk to Ralph de 
 
 "' Id. That he acted as one of the Hengham, chief justice of the King's 
 
 justices itinerant under Edw. II, there Bench, (Dugdale's Orig., 94.) Id. 
 
420 
 
 Reign of Edward I 
 
 [tit. IV 
 
 summoned to the parliament of August, 23 Edw. I.'*'' 
 John de Lythegrenes''^ was, in 1293, a justice itinerant for Surrey.''"'' 
 
 Thomas de NormanvilP^° was, in 1286, one df the justices itinerant 
 for pleas of the forest only; but was a regular justice itinerant in 
 1292 and 1293. He died in 1295.''°'' 
 
 In 20 and 21 Edw. I, there seem to have been appointments also 
 of Hugh de Cressingham^'' Thomas de Fisheburn^ Peter Heym'^ 
 and William de Ormesby, as justices itinerant. Hugh de Cressing- 
 ham was, in 1292 and the three next years, at the head of the- 
 justices itinerant for the northern counties.™ Thomas de Fishebum 
 
 252 (Pari. Writs i, 29.) He and his 
 brother had a grant of land at Coke- 
 frueddinge, in Staffordshire, from Alwyn 
 de Norton and his wife. (Abb. Placit., 
 213.) Id. 
 
 253 Was a native of, or established as 
 an advocate in, one of the northern 
 counties ; he being mentioned so early 
 as 52 Hen. HI, as employed on the 
 king's part in a quo warranto against 
 the mayor of New Castle upon Tyne. 
 
 , (Abb. Placit., 170.) He was appointed, 
 in 8 Edw. I, sheriff of Yorkshire, and 
 retained that office for five years; he is 
 noticed in the parliament, of 18 Edw. I, 
 as a commissioner to enquire into the 
 liberties claimed by the priors of Tyne- 
 moath and Carlisle. (Rot. Pari, i," 29, 
 38.) Foss's Biogr. Jurid. 
 
 254 Xwo years afterwards he was king's 
 escheator beyond the Trent ; in the next 
 year he exchanged this escheatorship for 
 that on the south side of the Trent. In 
 28 Edw. I, and two years afterwards, 
 he was employed in the perambulation 
 of the forests of the northern counties 
 (Pari. Writs i. 397-8), being; in the inter- 
 vening year, a justice itinerant in Kent 
 county. In January, 1301, he is named 
 in the Statute de Escaeteribus as one of 
 the king's council. Id. 
 
 255 Of a Yorkshire family. An assize 
 in that county, in 53 Hen. Ill (1269), 
 was paid for by Gerard, and Margery, his 
 
 wife, who were, perhaps, the parents of 
 Thomas. (Excerpt, e Rot. Fin. ii, 491. > 
 He is called ' Senescallus regis,' in the 
 king's grant to him, in 4 Edw. I, of the 
 custody of the castle of Bamburgh ; this 
 title is continued till 10 Edw. I, when 
 he is appointed to like duties under the- 
 designation of king's escheator beyond 
 Trent. He retained the latter office till 
 23 Edw. I, except that he exchanged it 
 for a short time for the southern es- 
 cheatorship. It was, in 1 1 Edw. I, that 
 he received and obeyed the king's com- 
 mands to remove the sheriff of Cumber- 
 land. (Year Book, fo. 12.) Id. 
 
 ■^Id. 
 
 25' Son of William de Cressingham, 
 an officer of the Exchequer. In i& 
 Edw. I, Hugh is called seneschal of the 
 queen (Abb. Placit. 1,30,33); in 1292^ 
 he was appointed, with two others, to 
 investigate and audit the debts due to 
 Hen. III. Foss's Biogr. Jurid. 
 
 258 Probably son of Ralph de Fishe- 
 bum, mentioned in ch. 15, ^ 33. 
 
 259 Perhaps son of Stephen Heym, 
 mentioned in g 3, p. 380. 
 
 260 He was a canon of St. Paul's, and 
 held at least nine parsonages. He is 
 called ' an insatiable pluralist ;' there is 
 ascribed to him an immoderate pas- 
 sion for hoarding money. (Archologis 
 xxv, 608.) He was appointed, by Edw. 
 I, treasurer of Scotland in 1296, and 
 
■CH. XVI.J 
 
 1272 TO 1307. 
 
 421 
 
 was appointed justice itinerant in 21 Edw. I."*^ Peter Heym was 
 -appointed, in 20 Edw. I, a justice to take assizes in divers counties.''^'' 
 And William de Ormesby acted as a justice itinerant in the northern 
 counties in both years (20 and 21 Edw. Y)}^ 
 
 John Lovel^ William de Mortimer and John Wogan'^ were also 
 justices itinerant for northern counties in 20 Edw. I (1292). Lovel'is 
 introduced two years afterwards into Dugdale's hst as a judge of the 
 King's Bench.'''' 
 
 Of Peter Malloref^ who was raised to the bench' of the Common 
 Pleas and sat there for above seventeen years, from 1292 to 1309, 
 ■there is particular notice in § 30. 
 
 21. OJ the parliaments in 1293 and the statutes which they passed; 
 circuits oJ judges ; and regulation oJ juries. Names oJ justices 
 assigned to circuits. 
 
 "The year 1293 (21 Edw. I) had two parliaments, one after Easter, 
 
 jnade himself hateful to the Scots. 
 They called him ' non thesaurarium sed 
 ■truyturarium regis.' In 1297 he joined 
 the earl of Surrey in leading the royal 
 army to Sterling, and when Wallace had 
 drawn up his army on the other bank of 
 the river Forth, the English forces were, 
 by Crossingham's rashness, led over the 
 "bridge, and terribly defeated, he being 
 among the first who fell. He held the 
 town of Hendon, and land in Finchley, 
 in Middlesex, with the manor of Coul- 
 inge, in Suffolk. Id. 
 
 ^^1 Assizes taken before him in Cum- 
 berland, in the reign of Edw. I, are 
 referred to in 2 Edw. II. (Abb. Placit., 
 307, 309-) Id. 
 
 ^^And his pleas are recorded in 23 
 -Edw. J. (Abb. Rot. Orig. i, 92.) Id. 
 
 '^ Id. 
 
 ^"Had the living of Yling, in the 
 •diocese of London, in 18 Edw. I; his 
 ^parishioners made complaints against 
 him to parliament for undue severity. 
 (Rot. Pari, i, 60.) Foss's Biogr. Jurid. 
 
 ^*° A referee, in conjunction with 
 Hugo de Cressingham, of a dispute 
 
 between the queen and William de 
 Valence and his wife, the result of 
 which was stated to the parliament of 
 18 Edw. I. At this parliament, to 
 Cressingham's complaint, that Wogan 
 entered the queen's court at Haverford, 
 and impeded the proceedings, Wogan 
 answered that he did so only to prevent 
 one of the tenants from doing fealty to 
 the queen for a tenement he held of 
 William de Valence; the case was re- 
 ferred for enquiry, but the decision does 
 not appear. (Rot. Pari, i, 31, 33.) 
 He was appointed Chief Justice of Ire- 
 land Octo. 18, 1295, and continued in 
 that post for the remainder of this and 
 the first twelve years of the next reign. 
 Id. 
 
 28^ He seems to have held that place 
 in 23 and 28 Edw. I, but in the inter- 
 vening years is called clerk of the coun- 
 cil, and appears among those known to 
 be clerks in chancery. In 26 and 28 
 Edw. I, he was one of the justices ap- 
 pointed to perambulate the forests. Id. 
 
 ^^' Probably a descendant of Gislebert 
 Mallore, one of the Conqueror's fol- 
 
422 
 
 Reign of Edward I 
 
 [tit. IV 
 
 the other after Michaelmas, in the first of which , a statute was passed 
 to define the circuits of the judges;^"® and in the second, an edict 
 providing for the regulation of juries."™ — The first "divided the 
 kingdom into four circuits, each of which had two justices assigned 
 to it : these were to take the assizes as before, but without a restric- 
 tion of terms, and were to be on duty throughout the year." "'" 
 
 Of the eight justices assigned under this statute, one was William- 
 Howard;"^ another was William Inge."'' Four others were John 
 de Batesford"^ John de Bosco"^ John de Insula"^ and Gilbert de- 
 Kirkeby"^ Adatn de Crokedayk was one of the two appointed for 
 
 lowers, and of Anchetil Mallore, em- 
 ployed in the reign of Henry II. Peter 
 married Matilda, daughter of Stephen de 
 Bayeux, and widow of Elyus de Ra- 
 bayne. Id. 
 
 ^^ ' Statute of the justices of assize,' 
 I Stat, of the Realm, p. 112. Middle- 
 sex was not embraced in any of the four 
 circuits : the statute provided that " the 
 assizes, juries, and inquests of the county 
 of Middlesex shall be taken before the 
 justices of the Bench." This statute is 
 , retained in England in ' Statutes Re- 
 vised' edi. 1870, pp. 82, 83. 
 
 ^' ' The statute of persons to be put in 
 assizes and juries,' is in i Stat, of the 
 Realm, p. 113. 
 
 . "''2 Stubbs's Const. Hist., ch. 14, 
 p. 124, and ch. 15, p. 271. Besides the 
 statutes mentioned in the text, there was 
 enacted, in 1293, "The statute of tres- 
 passes in parks." I Stat, of the Realm, 
 III, H2. In the margin of 3 Inst., 143, 
 is mentioned * statut. de conspiratoribus^ 
 anno 2i E. I. 'Statute concerning 
 Conspirators' is in i Stat, of the Realm, 
 
 2l6. 
 
 'i" Ancestor of the Dukes of Norfolk. 
 His circuit embraced the northern coun- 
 ties. He was Octo. 11, 1397, constituted 
 a judge of the Common Pleas; and, in 
 33 and 35 Edw. I, was one of the judges 
 named in commissions of trailbaston. 
 Toss's Biogir. Jurid. 
 
 "^An advocate of great eminence; 
 
 the king's attorney as early as 15 Edw. 
 I (1289), being then retained to prose- 
 cute and defend for the king at a salary 
 of ;if20 a year. In 20 Edw. I, he is 
 noticed as the king's sergeant at law. Id. 
 
 In the circuit to which he was as- 
 signed, he continued a justice till tke 
 end of the reign. He was one of five 
 justices ot trailbaston named for Norfolk 
 and Suflfolk April 6, 1305 ; and again in 
 Feb., 1307. Id. 
 
 ^"He was the fourth of the justices of 
 Trailbaston, nominated Feb. 18, 1307,. 
 for ten of the midland counties. Foss's 
 Biogr. Jurid. 
 
 ''* An advocate employed in i8 Edw. I,, 
 on the king's part. In 21 Edw. I, he 
 claimed, with his brothers in law, the 
 manors of Toleshunt, Tregoz and 
 Blunteshale, in Essex, as son of Lucy, 
 one of the four sisters of Nicholas de 
 Tregoz. He was among the judges 
 summoned to parliament in 23 and 25 
 Edw. I; but his career had a bad ter- 
 mination. Id. 
 
 ^'^ An advocate ; so early as, 1290, he 
 was heard on tke king's part in two suits 
 before parliament. Id. 
 
 ^'^ He had property in Hinton and 
 Brackley in Northampton, and was 
 sheriff of that county for 2 years, com- 
 mencing 2 Edw. I. To him and Johtt 
 de Insula were assigned Kent and eight 
 other counties. Id. 
 
CH. xvi.J 1272 TO 1307. 42S 
 
 Lincoln and nine other counties.''" Henry de Eynefeld was one of 
 the two for Cornwall and nine other counties."* 
 
 22. Parliament of 1294 : acquisition of the right of representation ; 
 acknowledgment of the need of consent to taxation. Steps taken 
 in izgs for Great Council in the summer and PaHiament in the 
 fall. Of justices and barons in I2g§, I2g6 and 12^7. 
 
 The "parliamentary writs'' in 1294 are published by Mr. Stubbs;"* 
 
 ■' To this parliament were summoned not only the magnates but 
 the knights of the shires. The writs were issued on the 8th of 
 October, the meeting was to be at Westminster, on the 12th of 
 November ; each sheriff was to return two knights-, and by a second 
 writ issued on the gth of October, two more." — "The events of the 
 year, although they show unconstitutional violence on the king's 
 part, and somewhat of panic on the part of the nation, mark the 
 acquisition by the clergy and the counties of the right of representa- 
 tion in their proper assemblies, and an acknowledgment of the need 
 of their consent to taxation, two steps which were never revoked."'^* 
 
 In 1295 there were steps ''^^ for a great council; in which there were 
 "no representatives of the commons." — "This assembly hiet and dis- 
 patched the yMflfzcza/ business on the 15th of August." There were 
 also steps for a parliament in the fall.^*^ 
 
 " On the 30th of September and on the first of October" the king 
 "issued writs for a parliament to meet on the 13th of November at 
 Winchester." — " This was to be a modern assembly, bearing in its 
 constitution evidence of the principle by which the summons was 
 dictated, and serving as a pattern for all future assemblies ' of the 
 nation."'^ 
 
 "'He was among the justices sum- "'In Select Charters, p. 469 to 472. 
 
 moned to several parliaments. He was, 2*' 2 Stubbs's Const. Hist., ch. 14, 
 
 in 25 Edw. I, assigned to assess and col- p. 127. 
 
 lect the ninth in northern counties; and ^^i Select Charters, p. 472 to 477. 
 
 appointed, three years afterwards, to ''^^ Id. 
 
 perambulate the forests of York and ''^^ 2 Stubbs's Const. Hist., ch. 14, pp. 
 
 Cumberland counties. He was still 128,129; Co. Lit. 109 !>/ Turner's Hist, 
 
 engaged in legal employments in 31 of Anglo-Saxons, book 8, ch. 4, pp. i56, 
 
 and 33 Edw. I; in the latter year he 167, and 183, of vol. 3, edi. 1852- 
 
 died, possessed of considerable property ' The statute of breaking prisons' in 23 
 
 in Cumberland. Id. Edw. I (1295), is in i Stat, of the Realm, 
 
 2™ And was summoned among the 113; and in i Revised Statutes, edi. 1870, 
 
 judges to parliament till 25 Edw. I. Id. pp. 82, 83. 
 
424 Reign of Edward I [tit. iv 
 
 Now John Lovel (mentioned in § 20, p. 421) and Gilbert de Rou- 
 bury'^ were judges of the King's Bench; Roger le Brabazon (men- 
 tioned in § 18, p. 413) was its chief justice.'''^ 
 
 Robert de Retford'^'' was first summoned to parliament among the 
 judges in August, 1295 (23 Edw. I); he was a justice itinerant at 
 Norwich and at Dunstable in the next jrear.'" 
 
 John de Insula (mentioned in § 21, p. 422) was on Octo. 21 (1295), 
 admitted as one of the barons of the Exchequer.'"'* 
 
 In 24 Edw. I (1296), William de Ormesby (mentioned in § 20, p. 
 421) was appointed a judge of the King's Bench. On the reduction 
 of Scotland he was constituted justiciary of that country ; and excited 
 odium by the rigour with which he extorted penalties. In the follow- 
 ing year, while holding his court at Scone, he was surprised by Wal- 
 lace, and barely escaped. On his return to England he resumed his 
 duties in the King's Bench '^ 
 
 William Howard (mentioned in § 21) was constituted a judge 
 of the Common Pleas Octo. 11, 1297. 
 
 Roger de Hegham''^ is at the end of 25 and 26 Edw. I (1297), 
 mentioned as a baron of the Exchequer. To him, in conjunction 
 with Walter oj Gloucester^^ and John oj Sandale^'^ is directed the 
 
 ^ During the remainder of the reign the justices of trailbaston. Toss's Biogr. 
 
 he had a prominent part in the adminis- Jurid. 
 
 tration of justice. Summoned with his "^^ Id. He is mentioned as such till 
 
 brethren to parliament, he was frequently the end of the reign, and as chief of 
 
 selected as one of the receivers of pe- the justices of trailbaston for Norfolk 
 
 titions. In the statute of champerty, and Suffolk counties in 1305. Id. 
 
 33 Edw. I, he is mentioned as clerk of ^goQf a Kentish family. In 21 Edw. ' 
 
 the king's council, and as recommending I, he acted on the king's part on a quo 
 
 the writ of conspiracy. Foss's Biogr. warranto at York. In 25 and 26 Edw. 
 
 Jurid. Ij he assessed the tallage of London, 
 
 ^^ He presided in the court till the end and in the latter year was appointed to 
 
 of the reign. Id. perambulate the forests of five counties. 
 
 2'* Whose grandfather was so called Id. 
 
 from a town in Nottinghamshire. Id. 291 Qne of the canons of Beverley. 
 
 ^'' His attendance in parliament as a He was an officer of the Exchequer, and 
 
 justice is noted till the end of the reign; in 22 Edw. I, was entrusted with the 
 
 in Feb., 1307, he was among the justices sheriffalty of Dorset and Somerset, 
 
 of trailbaston for the home counties. Id. which he held for five years. He then 
 
 288 Iji 23 and 35 Edw.- 1, he was one of was appointed to visit the seaports to 
 
-CH. XVI.J 
 
 1272 TO 1307. 
 
 425 
 
 "writ for the collection of talliage," dated at " Dunfermely, vi die 
 Februarii, anno, &c., xxxii."^'' 
 
 23. Of the struggle for 80 years from the ^parliament of Runny- 
 mede;' of the statute of 25 Edw. I. {izgj), confirming the 
 charters ; of the statute of 2"/ E. I, called Ordinatio de libertati- 
 bus perquirendis ; and of the articles in 28 Efdw. l{ijoo), called 
 'Articuli super chartas' with Lord Coke's observations thereon. 
 
 The great charter (of Runnymede) closes one epoch and begins 
 -another. 
 
 '' On the one hand it is the united act of a nation that has been 
 learning union; the enunciation of rights and liberties, the needs and 
 uses of which have been taught by long years of training, and by a' 
 short, but bitter struggle ; on the other hand it is the watchword of a 
 new political party, the starting point of a new contest. For eighty 
 years from the 'pariiamentof Runnymede,"''* the history of England 
 
 -enquire into the concealment of the 
 king's customs on wool, &c. In 28 
 -Edw. I, he was a perambulator of the 
 forests in Hants and Wilts, and about 
 the same time was selected as one of the 
 Jcing's escheators, acting in the north till 
 the end of the reign. Id. 
 
 ''^ He held an office connected with 
 the Treasury or Exchequer in 30 Edw. I 
 (1302), when he is mentioned as receiv- 
 ing a crown for Queen Margaret. In the 
 following year he and yohn de Drokens- 
 ford are called treasurers. He was 
 likewise one of those appointed to assess 
 the tallage in London and Middlesex. 
 Id. 
 
 ,293 Select Charters, p. 491. John de 
 ■Sandale became chamberlain of Scotland 
 in 33 Edw. I, and held this office till the 
 end of the reign, being at the same time 
 ■commissioned to treat with the Scots on 
 the affairs of that country. In 34 Edw. 
 I, William de Briwes having grossly 
 insulted Roger de Hegham (after a 
 judgment), was ordered to make an 
 apology in full court, and to be com- 
 mitted to the Tower, there to remain at 
 ■the king's will. In the last year of this 
 
 reign, Roger de Hegham acted as a jus- 
 tice of assize; and was a justice of trail- 
 baston for home counties. In 35 Edw. 
 I, Walter, of Gloucester, was a commis- 
 sioner of array in Glamorgan, and pay- 
 master of the levies there. Id. 
 
 ^'* Mr. Spence supposes that the term 
 ' Parliament' is first met with in 42 Hen. 
 Ill; and cites Rep. of Lords Coram., 
 1823, p. 99, 169, 174, &c. I Spence's 
 Eq., 328, notes (c) and [d). Mr. Stubbs 
 observes that the name of parliament 
 " is used by Otto Morena of the diet 
 or parliament of Roncaglia, held by 
 Frederick I, in 1154" (Leibnitz, Scr. 
 Rer. Brunswic. i, 809); and, in 1 175, 
 by Jordan Fantosroe (Surtees Society> 
 pp. 2-6, 15), who (p. 14) "describes a 
 debate held by the king of Scots before 
 engaging war in 'sun plenier farle- 
 ment;'' and is first used in England by a 
 contemporary writer in 1246; namely, by 
 M. Paris, p. 696. He states, however, 
 that in a record of 28 Hen. Ill (1244), 
 there is mentioned the ' Parliamentum 
 Runimedcs.' I Const. Hist, of Engl., 
 ch. 12, p. 477, note i ; Id., ch. 13, p. 
 570, and note 2. 
 
426 Reign of Edward I [tit. iv 
 
 is the narrative of a struggle of the nation with the king, for the real 
 enjoyment of the rights and liberties enunciated in the charter, or 
 for the safeguards which experience shewed to be necessary for the 
 maintenance of those rights. The struggle is continuous; the for- 
 tunes of parties alternate ; the immediate object of contention varies, 
 from time to time; the wave of progress now advances far beyond 
 the point at which it is to be finally arrested, now retires far below 
 the point at which a new flow seems to be possible. And yet at each 
 distinct epoch something is seen to be gained, something consoli- 
 dated, something defined, something reorganized on a better princi- 
 ple." ''' 
 
 Lord Coke states that many men had objected " that they ought 
 not to contribute to the maintenance of the king's wars out of the 
 realm ; " and therefore chapter 5 of 25 Edw. I was passed; and after- 
 wards there were declaratory acts.'"* 
 
 In Mr. Stubbs's volumes'"" is a statement ( — which, though of con- 
 siderable length, should be carefully read by a student of constitu- 
 tional history — ) of the events which led to the ' Confirmationes 
 Chartarum de Libertatibus AnglicB et Forestcs'^^ in 25 Edw. I 
 (1297).™ "The new articles are extant in two forms — 
 
 ^^2. Id., ch. 14, p. I. and birthright; as in i H. V, and in 7 H. 
 
 296 <i jjo ^an shall be compelled to go V, &c., the commons made protestation 
 
 to the king's wars out of his shire, but that they were not bound to the mainte- 
 
 where necessity of sudden coming of nance of war in Scotland, Ireland, 
 
 strange enemies into the realm. No Calais, France, Normandy, or other 
 
 man shall be charged to give any wages foreign parts, and caused their protesta- 
 
 either to ihe preparers or conveyers of tions to be entered into the parliament 
 
 soldiers, or to the soldiers, to go into roll, where they yet remain; which, in 
 
 Scotland, Gascoin or elsewhere ; but effect, agreeth with that which, upon like 
 
 that men of arms, hoblers and archers, occasion, was made in this parliament 
 
 chosen to go into the king's service, out of 25 E. I." 2 Inst., 528. 
 
 of England, shall be at the king's ^sigelect Charters, p. 477 to 484; 
 
 wages from the day they depart out of 2 Const. Hist., ch. 14, p. 130 to 141. 
 
 the counties, where they were chosen, till ^^^2 Inst., 524. 
 
 they return." ^99 Mr. Stubbs, citing ' Statutes of the 
 
 Which acts of parliament are but Realm i, 1 14-1 19, and Feed, i, 879, 880^ 
 
 declarationsof the ancient law of Eng- says: "The charters were confirmed by 
 
 land. And, according to this ancient law, inspeximers on the 12th" (of Octo.,. 
 
 the commons after the said declaratory 1297); the king on the Sth of Nov., 
 
 acts of parliament did, when this point at Ghent, confirmed both the charters 
 
 concerning maintenance of wars out of and the new articles.' 2 Const. Hist.^ 
 
 England came in question, make their ch. 14, p. 141. 
 continual claim of their ancient freedom 
 
CH. xvi.J 1272 TO 1307. 427 
 
 " One is in French,'™ containing seven articles, attested by the 
 regent and sealed with the Great Seal. The other is in Latin,'" pre- 
 served by the annalist, Walter of Hemingburgh, containing six 
 articles, and purporting to be sealed, not only by the king, but by 
 the barons and bishops."'™ 
 
 "The French form is that in which the enactment became a perma- 
 nent part of our law, by the exact terms of which Edward held 
 himself bound, and beyond the letter of which he did not think 
 himself in conscience obliged to act, in reference to either tallage or 
 prisage."™' 
 
 These articles are the summary of the advantages gained at the 
 termination of the struggle of eighty-two years ; and in words they 
 amount to very little more than a re-insertion of the clauses omitted'"' 
 from the great charters of John. But in reality they stand to these 
 clauses in the relation of substance to shadow, of performance to 
 promise. For the common consent of the nation in 1297, means 
 not, as in 1 21 5, the assent of a body which is conscious of its 
 existence and common interest, but unable td enforce its demands, 
 without proper machinery, continuity of precedent or defined 
 arrangement of parts and functions, but the deliberate assent and 
 corisent of a parliament formed on strict principles of organization,, 
 summoned by distinct writs for distinct purposes — a wdl defined, 
 and, for the time, completely organized expositor of the national 
 
 The king returned to England in March, 1298;'°° after making 
 with France a truce which soon became a permanent peace, cemented 
 by a double marriage; "that of Edward himself (who was now a 
 widower), with Margaret, Philip's sister, and that of the Prince of 
 Wales with Isabella, daughter of that monarch."*" 
 
 3<»2 Inst., 524 to 531; I Statutes of p. 126. "The Great Charter of the 
 
 the Realm, 124, 125; Select Charters, liberties of England and of the Forest 
 
 p. 484 to 487. confirmed by King Edward in the 
 
 w^Hemingb. ii, 152; I Statutes 125; 'twenty-fifth year of his reign, is in 
 
 3 Lingard's Engl., ch. 3, p. 264, noU; I Statutes Revised, edi. 1870, p. 84 to 
 
 Select Charters, pp. 487, 488. 95. Immediately after, it is " a statute 
 
 ^2 2 Stubbs's Const. Hist., ch. 14, concerning tallage." Id., p. 96 to 98. 
 p. 142 ; 2 Inst., 532 to 536. 3«6in i RqU, abr., tit. Chancellor, 
 
 ^"^ 2 Stubbs's Const. Hist., ch. 14, p. 386, No. 6, is a statement from ' Rot. 
 
 p. 143. Finium M. 6,' of what was done with 
 
 3»4See ch. 15, ^ l,ante,^. Z-JT, 3 Lin- the Great Seal in 25 E. I, when the 
 
 gard's Engl., ch. 3, pp. 264, 265. king 'fuit pdratus ad transfretandum 
 
 305 2 Stubbs's Const. Hist., ch. 14, in Flandriam ;' and a statement (frorri 
 
 pp. 143, 144. "A statute concerning M. 15) of what was done with the seal 
 
 tallage," and " the sentence of the ' sur return d'el roq.' 
 clergy given on the confirmation of the ""2 Hume's Engl., ch. 13, p. 120 ; 
 
 charters," are in I Stat, of the Realm, 2 Turner's Engl., ch. 2, p. iii, of edi.. 
 
428 
 
 Reign of Edward I 
 
 [tit. IV 
 
 In May, 1298 (26 Edw. I),'°* the earls claimed, as to the charters, 
 reconfirmation of what was done when the king was on the conti- 
 nent. The claim was met then by a promise, and afterwards (April 
 2,-i299) by what is called the siaXutede Jinibus levaiis?'" Therein 
 was a saving against which the lords inveighed; they pressed the 
 king to confirm the charters absolutely; on the 31st of May (1299), 
 •confirmation was granted without the salvo.^^" 
 
 With reference to '27 E. I, de libertatibus perquirendis,' Lord 
 Coke says: 
 
 "It is to be observed that where divers ancient statutes speak of 
 the chancellor and of his lieutenant, it must of necessity be intended 
 of such a lieutenant as the law doth allow of, and that cannot be of 
 a deputy, for the chancellor cannot make a deputy but locum tenens 
 is to be taken for one that holdeth the place, or hath equal authority 
 of the chancellor, and that is custos magni sigilli." '^^^ 
 
 A parliament summoned for March 6, 1300 (28 Edw. I), passed (in 
 addition to the charters) Articuli super chartas^^^ in 20 chapters, on 
 each of which Lord Coke comments. 
 
 1825; 3 Lingard's Engl., ch. 3, p. 228 
 and p. 230; -^ Stubbs's Const. Hist., 
 ch. 14, p. 148. Marquerite (in her 17th 
 year) was married to Edward, who met 
 her at Canterbury Sept. 8th, 1299. Miss 
 Strickland's Queens of England, vol. 2, 
 p. 112, of Phila. edi. 1857. Isabella, 
 having been born in 1295, was but four 
 years old when her name was included 
 in the two-fold matrimonial treaty. Id., 
 p. 122. The Prince of Wales having 
 been born April 25, 1284, was about • 
 eleven at the time of that treaty. Id., 
 .pp. 98, 99. 
 
 ^'^In this year was "a statute con- 
 cerning the sheriff and his clerks." 
 I Stat, of the Realm, 213. 
 
 »i Stat, of the Realm, 126; 2 Inst., 
 J2I; I Statutes Revised, p. 98 to loi. 
 The words mentioned in 2 Stubbs's 
 Const. Hist., ch. 14, p. 148, note 4, 
 are ' Quos autem articulos supradictos 
 Jirmiter et inviolabiliter observari ,volu^ 
 mus et teneri^ volenies nihilominus quod 
 ferambulatio fiat, SALVis SEMPER JURA- 
 
 MENTO NOSTRO, JUR^ CORONA NOSTRA 
 ET EATIONIBUS NOSTRIS ATQUE CALUMP- 
 NIIS AC OMNIUM ALIORUM." 
 
 ""In this meeting was passed 'a 
 statute concerning false money.' Id., 
 (2 Stubbs) 148, note 5; i Stat, of the 
 Realm, 131 to 135. 
 
 "'4 Inst., 88. In 1727 there was a 
 discussion of the statute of 27 E. i, 
 called Ordinatio de libertatibus per- 
 quirendis, wherein it is directed that 
 inquests taken upon writs of ad quod 
 damnum shall be certified to the chan- 
 cellor or his deputy. Then (as to the 
 word deputy), 4 Inst., 88, was cited in 
 support of the view taken on p. 200 of 
 ' Legal Judicature in Chancery.' 
 
 ^"■2. Inst., 537; I Stat, of the Realm, 
 136-141 ; Stubbs's Select Charters, pp. 
 483, 484; 2 Const. Hist., ch. 14, pp. 
 148, 149; I Statutes Revised, edi. 1870, 
 p. 103 to 107. A statute of 28 Edw. I, 
 'for persons appealed,' is in I Stat, of 
 the Realm, p. 141. 
 
CH. xvi.J 1272 TO 1307. 429 
 
 In his comments on ch. i, Lord Coke mentions certain things 
 "which have fair pretences" and yet "are most commonly hurtful to 
 the commonwealth; the first of which is 'New Courts,' for com- 
 monly they tend to the grievous vexation and oppression of the 
 subject, and not to that glorious end that at the first was pretended ; " 
 and the second is "new offices," which, "under pretence of the com- 
 mon good are exercised to the intolerable grievance of the sub- 
 ject."- Then he speaks of justices of trebaston or trailbaston, so 
 called (in respect of their precipitate proceedings from day to day, 
 without such convenient leisure and time as common law allowed), 
 for that their proceedings were as speedy and ready as one might 
 draw a staff."'" 
 
 " The mischief before '' chapter 2 " was, that the insolency of the 
 purveyors, bearing themselves so proudly under the great officers 
 of the king's household, grew to that height that they would take 
 what and how much as it pleased them, and many times where it 
 might be least forborne or spared, and for others than for the king's 
 household, and sometimes would pay nothing, and many times less 
 than the true value, and many persons would make purveyance 
 without any warrant at all; of these great grievances and losses 
 without number, infinite damages, the subjects complained of at this 
 parliament, and for restraining of the abuses of the purveyors and 
 relief of the subjects this act of parliament was made." ^" 
 
 In expounding ch. 3,"* Ld. Coke observes that " particular juris- 
 dictions derogating from the jurisdiction of the general courts of the 
 common law are ever taken strictly." 
 
 Chapters 4, 5 and 6 are as follow: 
 
 4. "No common pleas shall be from henceforth holden in the 
 exchequer, contrary to the form of the great charter." "^^ 
 
 ™2 Inst., 540. of his crown." 2 Inst., 551. In 1282, 
 
 ^'*2 Inst., 543, 544. the king had to prohibit the treasurer 
 
 MS " Concerning the authority of . and barons of the Exchequer from 
 
 stewards and marshals, and of such hearing common pleas, as contrary to 
 
 pleas as they may hold, and in what the custom of the kingdom, except in 
 
 manner." 2 Inst., 547. cases which touched the king or the 
 
 316 u The Exchequer is an ancient ministers of the Exchequer. 2 Stubbs's 
 
 court of record for the king's affairs, Const. Hist., ch. 15, p. 267. This was 
 
 touching his rights and revenues of his embodied in the statute of 1300. Ld. 
 
 crown, and for debts and duties and Coke says ; "In three cases the court of 
 
 other things due to the king in the right Exchequer hath jurisdiction of common 
 
430 
 
 Reign of Edward I 
 
 [tit. IV 
 
 5. "On the other part the king wills that the chancellor'" and the 
 justices df his bench"* shall follow him,"' so that he may have at all 
 times near unto him, some sages of the law''" which be able duly to 
 order all such matters as shall come unto the court at all times when 
 need shall require." 
 
 6. " There shall no writ from henceforth that toucheth the common 
 law, go forth under any of the petty seals." '" 
 
 pleas between common persons in per- 
 sonal actions only : I . Where an ofScer 
 or minister is one of the parties in any 
 personal action, because that his absence 
 in other courts may hinder the affairs of 
 the king in his court of Exchequer. 
 2. Any man that is a prisoner of this 
 court, or an accountant that is entered 
 into his account, or any other that ought 
 to have the like privilege of this court of 
 Exchequer, shall not be sued in any 
 personal action but in this court; and 
 the reason is, because neither of these 
 acts of parliament take away the privi- 
 lege of any court; for then if the party 
 privileged were sued in any other court, 
 he should not, in respect of his privilege 
 of the Exchequer, answer there; and, 
 therefore, lest the party should be with- 
 out remedy, he may commence his action 
 personal against him in the Exchequer, 
 for statutes must be so expounded, as 
 there be no failure' of justice. 3. He 
 that is a farmer, or indebted to the 
 king, for the king's more speedy satisfac- 
 tion of his debt or duty, shall sue his 
 debtor by a ^«o minus in the Exchequer." 
 2 Inst., 551. 
 
 317 « The true causes wherefore the 
 chancellor followed the king's court 
 were first, that the Great Seal is clavis 
 regni, and in the custody of the chan- 
 cellor, and meet it was that the king 
 should have the key of his kingdom 
 about him. 2. That curia cancellarice 
 was officinajustitiie; for, in those days, not 
 only original writs in regisf cancellarice, 
 but all commandments upon any occasion 
 for the safety of the realm, or the good 
 government thereof, were by writs, and 
 passed under the Great Seal ; and there- 
 
 fore necessary in those days, that the 
 chancellor, having, the custody of the 
 Great Seal, should be about the king at 
 all times; and this is the cause that the 
 court of chancery cannot be adjourned. 
 3. The style of the court of chancery is 
 coram domino -rege in cancellaria. But 
 where some hath supposed that at the 
 making of this statute the chancellor 
 held a court of equity, and that the 
 judges in this act named attended on the 
 king to decide matter of law, and the 
 chancellor attended on him to decide 
 matter of equity, it is mainly opposed 
 that at this time the chancellor had no 
 court of equity, but only a court of 
 record of ordinary jurisdiction, accord- 
 ing to the course of the common law." 
 2 Inst., 552. 
 
 318" Albeit this court and the chancery 
 became to have certain and settled 
 places about one time, yet the returns of 
 writs coram- rege are still coram, nobis 
 ubicunque fuerimus in Anglia.'' Id., 
 
 554- 
 
 '"Implying further that the Ex- 
 chequer which, in 1277, had been 
 taken to Spreasbury, and, in 1299, to 
 York, should remain at Westminster. 
 2 Stubbs's Const. Hist., ch. 15, p. 268, 
 and note 2. 
 
 320 u A.t this time Sir Roger Br abazon, 
 knight, a man excellently learned in the 
 laws of the realm, was chief justice of 
 the king's bench, and three other learned 
 judges, here called sages de la ley, were 
 his companions." 2 Inst., 554. 
 
 '^'At the making of this statute the 
 king had three seals : i . Magnum 
 Sigillum, " in the custody of the lord 
 chancellor, or lord keeper of the great 
 
■CH. XVI.] 
 
 1272 TO 1307. 
 
 431 
 
 After chapter VII '*'' is the following : 
 
 VIII. The king hath granted unto his people that they shall have 
 -election of their sheriff in every shire (where the shrivalty is not of 
 fee) if they list.''' 
 
 seal.'' 2. Parvum Sigillum, the little 
 or petit seal, after this time called the 
 ^rivy seal — " in the custody of the clerk 
 ■of the privy seal, sometime called keeper 
 of the privy seal, after called lord privy 
 seal." 3. Signettum, the signet, " ever 
 in the custody of the principal secre- 
 tary." 2 Inst. 554, 556. 
 
 "This act saith. not that all writs 
 which concern the common law shall 
 pass under the Great Seal ; but no writ . 
 shall pass under the privy seal which 
 touch the common law; for it is to be 
 known that the courts of the king's 
 bench and the common pleas had, at the 
 making of this statute, several seals, 
 whereby they sealed judicial writs : As 
 the seal belonging to the court of king's 
 bench is in the custody of the chief jus- 
 tice, and so likewise the seal belonging 
 to the court of common pleas is in the 
 custody of the chief justice of that 
 <;ourt; and the seal belonging to the 
 court of Exchequer is in the custody of 
 the chancellor of that court." — " And 
 these seals are incidents inseparable to 
 the said courts for the sealing of all 
 judicial writs, &c., which for adminis- 
 tration of justice, distributive to all men, 
 are respectively under the said seals, and 
 without which the courts cannot ad- 
 minister justice." Id., 555- 
 
 '^^As to the constable of the castle of 
 Dover. After treating of a judgment in 
 the court of common pleas for land 
 within the cinque ports, Ld. Coke speaks 
 of " a judgment given in the common 
 pleas in a prcecipe of lands that lie in 
 any of the county palatines of Chester, 
 Lancaster and Durham." He says. 
 
 " they are exempted from the jurisdic- 
 tion of the king's courts, and within 
 them are jure regalia, and plenary juris- 
 diction, and so known to the king's 
 courts ; for they take notice of all the 
 counties of England, because they be 
 immediate to them for direction of writs: 
 and therefore although the tenant doth 
 admit the jurisdiction of the court in those 
 cases, the judgment against him for many 
 of such lands is void." 2 Inst., 557. 
 
 ^^*0f ancient time, before the making 
 of this act, such officers or ministers as 
 were instituted either for preservation of 
 the peace of the county, or for execu- 
 tion of justice, because it concerned all 
 the subjects of that county, and they had 
 a great interest in just and due exercises 
 of their several places, were, by force of 
 the king's writ in every several county, 
 chosen in full or open county by the free- 
 holders of that county : as before the 
 institution of justices of peace there 
 were conservatores pacis in every county, 
 whose office (according to their names) 
 was to conserve the king's peace, and to 
 protect the obedient and innocent , sub- 
 jects from force and violence. These 
 conservators, by the ancient common 
 law, were, by force of the king's writ, 
 chosen in full and open county de probi- 
 oribus et potentioribus comitatus, &c., 
 by the freeholders of the county; after 
 which election so made and returned, 
 then in that case the king directed a writ 
 to the party so elected." — "Though the 
 words be by the ' people,' yet ought the 
 election to be by the freeholders of the 
 county." 2 Inst,, 558, 559. 
 
432 Reign of Edward I [tit. iv 
 
 Next are chapters IX,''' X,«« XI,'^ XII.'^' After which are the 
 following: 
 
 XIII. And forasmuch as the king hath granted the election of 
 sheriffs to the commons of the shire, the king wills that they shall 
 choose such sheriffs that shall not charge them, and that they shall 
 not put any officer in authority for rewards or bribes; and such as 
 shall not lodge too oft in one place, nor with poor persons or men of" 
 religion.^^ 
 
 XIV. From henceforth the king wills that the bailiwicks and hun- 
 dreds of the king, nor of other great lords of the land be not let to 
 farm at over great sums, whereby the people are over charged by 
 making contribution to such farms.'^' 
 
 XV. In summons and attachments in plea of land the summons 
 and attachments from henceforth shall contain the term of fifteen 
 days full at the least, according to the common law, if it be not in 
 attachment of assizes taken in the king's presence, or of pleas before 
 justices in eyre during the eyre.'* 
 
 The remaining chapters are XVI,'" XVII,''' XVIII,'" XIX"*- 
 and XX."^ 
 
 24. Parliament in 1301 denied the jurisdiction assumed by the pope 
 to adjudicate upon the king's temporal rights. In 1303 "wrif 
 of suynmons to a ' colloquium ' of merchants'' Of statutes in jj 
 34 and J5 £dw. I; especially the statute in 34 Edw. I, 'de tal- 
 lagio non concedendo,' with Lord Coke's observations ^ thereon; 
 and on the ^Statute of Carlisle' in 3^ Edw. I, called by Lord 
 Coke 'Statutum de asportatis religiosorum,.' By the kings com- 
 m.and Piers Gaveston banished England. 
 
 The writ issued in September, 1300, directed the return to the new- 
 
 ''*As to who may be impannelled in again into every county, to be read and 
 
 inquests and juries. Id., 560, 561. published four times in the year, and 
 
 *^^As to conspirators,' false informers kept in every point as straightly as the 
 
 and evil procurers. Id., 561, 562. twfo great charters." 2 Inst., 569, 570. 
 
 ^^SAs to maintenance, /a'., 562 to 565. ^aspor redress of wastes and destruc- 
 
 22' As to distresses which are excessive tions done by escheators or sub-escheat- 
 
 or otherwise illegal. Id., 565. ors. Id., 571. 
 
 328 2 Inst., 566. ^-^U. 334 « Where the escheator or the sheriff 
 
 ^^Id., 567, 568. shall seize other men's lands into the 
 
 ^1 As to false returns, 2 Inst., 568, con- king's hands." Ld. Coke's observations 
 
 firming ch. 39 of Westm. 2, cited in 7 on this statute and that of 29 Edw. I 
 
 Rob. Pract., ch. 20, p. 363. (i Stat, of the Realm, pp. 142, 143), are 
 
 2'2 Against malefactors ; directing that in 2 Inst., 572 to 574. 
 the statute of Westminster " be sent ''^As to goldsmiths. 2 Inst., 574 to 579^ 
 
CH. XVI.] 1272 TO 1307. 433 
 
 parliament in January, of such representatives, if they were alive, as 
 were in attendance at the time of the request for a commission from 
 which a report was now to be received. The universities of Oxford 
 and Cambridge were ordered to send a number of lawyers to advise 
 on the subject of debate. At Lincoln, Jan. 20, 1301, the king met 
 the parliament. The barons petitioned f6r the removal of the 
 treasurer, Walter Langton; and presented, through Henry of Keigh- 
 ley, knight of the shire of Lancaster, a bill of articles. An impres- 
 sion of the king's mind is derived from a letter of his published by 
 Mr. Stubbs, and mentioned by him as never printed before 1875. 
 The king again confirmed the charters; and yielded expressly, or 
 with some modification, to nearly all the claims of the barons. They 
 showed themselves ready to support the king in resisting a mandate 
 of the pope. The answer of Feb. 12, 1301, was by seven earls and 
 97 barons. 
 
 " That the king shall not answer before the pope, or undergo judg- 
 ment touching the rights of the kingdom of Scodand, or any other 
 temporal rights ; he shall not allow his rights to be brought into 
 question, or send agents ; the barons are bound by oath to maintain 
 the rights of the crown, and they will not suffer him to comply with 
 the mandate even were he to wish it."'*" 
 
 "Afiud Novum Castrum super Tynam viii die Maii anno regni 
 nostri xxxi (1303) was a "writ of summons to a colloquium of 
 merchants.'"" 
 
 The subjoined were, in 33 Edw. I (1305),™ and in 34 Edw. I 
 (1306).™ 
 
 From what is said in 2 Inst., 532, it appears that'*" the king had 
 
 '36 Select Charters, pp. 488, 489; 113. 'A statute allowing protections," 
 
 2 Const. Hist., ch. 14, p. 150 to 153. said to be in 33 Edw. I, is in i Stat, of 
 
 'A Statute for Escheators,' passed in the Realm, p. 117. 
 
 1300-1, is in I 'Statutes Revised' edi. sssxhe statute of joint tenants, i 
 
 1870, p. 108 to no. Stat, of the Realm, p. 145 to 147; 
 
 »" Select Charters, p. 490. i Statutes Revised, edi. 1870, p. 112. 
 
 ™' An ordinance for inquests.' 1 Stat. ' An ordinance of the forest' is in i Stat. 
 
 of the Realm, 143 ; ' An ordinance of of the Realm, p. 147 to 149. 
 
 the forest,' /a?., p. 144; 'An ordinance '« After the writ issued at Dunfer- 
 
 concerning conspirators,' Id., p. 145 ; melyn, Feb. 6, 32 Edw. I. Select Char- 
 
 I Statutes Revised edi. 1870, pp. 112, ters, pp. 491, 492. 
 28 
 
434 Reign of Edward I [tit. iv 
 
 taken a tallage without assent of parliament; and there was "great 
 murmuring and discontentment among the commons ; " and " for a 
 perpetual and a constant law,'' there was made, in 34 Edw. I, the 
 statute de tallagio non concedendo ;^"- which has the following import- 
 ant chapters : 
 
 No tallage or aid shall be taken or levied by us or our heirs in our 
 realm without the good will and assent of archbishops, bishops, earls, 
 barons, knights, burgesses and other freemen of the land.^*' 
 
 II. No officer of ours, or of our heirs, shall take corn, leather, 
 cattle, or any other goods, of' any manner of person, without the 
 good will and assent of the party to whom the goods belonged.'*' 
 
 Then follow chapters IIP" and IV, the latter of which, Ld. Coke 
 observes, ''containeth a restitution general to the subjects of all their 
 laws, liberties, and free customs, as freely and wholly as at any time 
 before, in the better and fuller manner, they used to have the same, 
 and this doth not only extend to Magna Charta and Charta de 
 Foresta, but to all other laws, liberties or freedoms and free customs 
 whatsoever."'*^ Chapter V has this comprehensive pardon :'*° 
 
 '*! 2 Inst., 532. " Tallagium, or ment." 2 Inst., 533. 
 
 Tailagium, cometh of the Frenfch word '*' 2 Inst., 534. 
 
 tailer, to. share or cut out a part, and ^" Against taking by occasion of male- 
 
 metaphorically is taken when the king tot. Id. ^*^ Id., 535. 
 
 or any other hath a share or part of the '*^ " If you compare our English his- 
 
 value of the man's goods or chattels, or tories with this act of parliament, the 
 
 a share or part of the annual revenue of old saying shall be verified that records 
 
 his lands, or puts any charge or burthen of parliament are the truest histories, 
 
 upon another.'' Id. 533. Although'the king had conceived a deep 
 
 s*'' As much as to say, that no subsidy, displeasure against the constable, mar- 
 task, tenth, fifteenth imposition, or shal, and others of the nobility, gentry 
 other aid or charge whatsoever shall, by and commons of the realm, for denying 
 the king or his heirs, be put or levied of that which he so much desired, yet 
 without the common council of the for that they stood in defence of their 
 realm, that is by the will and assent of laws, liberties and free customs, the 
 the archbishops, bishops, earls, barons, king, who (as Sir William Herle, chief 
 knights, burgesses, and others of the justice of the common pleas, who lived 
 counties, that is to say, by grant and in his time, and served him said,) was 
 common assent in parliament. Within the wisest king that ever was, did not 
 this act are all new offices erected with only restore the same to them as is 
 new fees, for that is a tallage put upon aforesaid, but granted a special pardon 
 the subject, which cannot be done with- to those of whom he had conceived so 
 out common assent by act of parlia- great displeasure." 2 Inst., 535. 
 
€H. XVI.J 
 
 1272 TO 1307. 
 
 435 
 
 "Moreover, we have pardoned Humfrey Bohunf" earl of Here- 
 ford and Essex, constable of England, Roger, earl of Norfolk and 
 Suffolk, marshal of England, and other earls, barons, knights, 
 esquires and namely John de Ferrariis, with all others of their, 
 fellowship, confederacy and bond; and also to all holding twenty 
 pound land in our realm, whether they hold of us in chief, or of 
 other, that were appointed at a day certain to pass over with us into 
 Flanders, the rancour and ill will borne against us, et etiam trans- ' 
 gressiones si quas nobis Jecerint^^ unto the making of this present 
 charter.'"^ • 
 
 In 35 Edw. I was " The statute of Carhsle," ^^ or (as called by 
 Lord Coke) 'Staiuium de Asportatis Religiosorum.' '" 
 
 " In the time of this last parliament " (of Edw. I), " notice being 
 taken of the great familiarity there was between the Prince and 
 Piers de Gaveston,'^^ and what influence he had upon and power 
 over the Prince," ^^'' "on the 26th of February, at Lanercost, by the 
 king's order and command (not on his death bed as commonly 
 storied) he was banished England, and to be ready to quit it at 
 Dover, three weeks after the tournament or justs (which should be 
 15 days after Easter next coming) and not to return without the 
 king's leave and calling back."""* 
 
 3*' The king's pardon to Humfrey de 
 Bohun and others, is in i Stat, of the 
 Realm, p. 1 24. 
 
 348<(jjere these words are added, 
 lest by acceptance of a pardon of trans- 
 gression they should impliedly confess 
 that they had transgressed: so careful 
 were the lords and commons in former 
 times to preserve the ancient laws, liber- 
 ties and free customs of their country." 
 2 Inst., 536. 
 
 ^' Then there is provision for reading 
 this charter in the cathedral churches 
 twice in the year, and for denouncing as 
 accursed all that willingly do procure to 
 be done anything contrary to it. And 
 the charter has this conclusion : " In 
 witness of which thing we have set our 
 seal to this present charter, together with 
 the seals of the archbishops, bishops, 
 &c.', which voluntarily have jworn that 
 as much as in them is, they shall 
 observe the tenour of this present charter 
 in all causes and articles, and shall 
 extend their faithful aid to the keeping 
 
 thereof, &c." 2 Inst., 536. 
 
 ™i Stat, of the Realm, 150 to 152. 
 
 S5i2 Inst., 580 to 588. Perhaps in the 
 same parliament was passed the " statute 
 concerning fines and attorneys." I Stat, 
 of the Realm, 215. 
 
 '5^ Son of a Gascon knight who, it is 
 stated, "had earned the gratitude of 
 Edw. I," and had been brought up as 
 the foster brother and play fellow of the 
 Prince. 2 Stubbs's Const. Hist., ch. 16, 
 pp. 319, 320. 
 
 853 1 State Tr. 21, 22. "Whether upon 
 the king's own observation, or their 
 pressing him to it," does not appear; 
 " nor for what particular reasons." Id. 
 
 354 " And for the ' performance of this 
 order, Mons'r Piers, at the day and place 
 aforesaid, made oath upon the body of • 
 God (/. e., the consecrated host), the old 
 cross, and the king's other relics ; and 
 the Prince of Wales made oath in like 
 manner, that he would not receive, re- 
 tain, or permit the said Piers to be with 
 him contrary to this order, unless he was 
 
436 Reign of Edward I [tit. iv 
 
 25. Of the master or keeper of the Rolls, and of the chancellor and 
 the custody of the Great Seal, from December ly, I2g2, until 
 the end of the reign. Also of the treasurer and the chancellor 
 of the Exchequer in the latter part of the reign. 
 
 • Though, as mentioned in § ig, p. 417, fohn de Langton, the mas- 
 ter or keeper of the Rolls, was appointed chancellor Dec. 17, 1292, 
 yet it does not appear that the office which he held before becoming 
 chancellor was filled thereafter by any other person until October i, 
 1295 (23 Edw. I). 
 
 Then Adam de Osgodby was appointed keeper of the Rolls of 
 chancery. He, no doubt, had been previously one of the clerks of 
 the chancery; from entries as to the deposit of the seal during the 
 chancellor's temporary absence, it seems that, he was still considered as 
 the chief of the clerks. He remained in office during the remainder 
 of this reign, and for some years of the next. In both reigns he fre- 
 quently, in the chancellor's absence, performed his functions, some- 
 times alone and sometimes in connection with two or three of the 
 other clerks. In Edward's reign he held the Great Seal three times 
 under the seals of three clerks, during the vacancy or absences of , 
 the chancellors.'^ 
 
 In 1298, during the chancellor's absence in March and December, the 
 Great Seal was deposited with fohn de Craucombe^^ John de Caen^'' 
 
 recalled by, and had leave from, his ^'^ Evidently a clerk in the chancery, 
 
 father to return ; and for his subsistence and an ecclesiastic ; being made arch- - 
 
 beyond sea, so long as he staid there, deacon of the East Riding of Yorkshire. 
 
 Mons'r Piers had allowed him an 100 He continued to be summoned to parlia- 
 
 marks sterling by the year out of the ment among the clerks of the chancery 
 
 revenues of Gascony." Id., 2 Turner's till Feb., 1305 (33 Edw. I). Id. 
 Engl., ch. 3, p. 127, et seq.; I Mackin- ^57 Mentioned as holding the Great 
 
 tosh's Engl., pp. 231,232, of Phila. edi. Seal with otier clerks of the chancery 
 
 1830;. 2 Stubbs's Const. Hist., ch. 14, on different occasions from 1292 to 1302, 
 
 p. 314, note, and pp. 319, 320. during absences of the chancellor. Mr. 
 
 365 jje was an ecclesiastic, and held Foss states that in October, 1298, he was 
 
 the living of Gargrave in Lincolnshire. acting in the Exchequer as locum tenens 
 
 In the parliament at Carlisle, in Jan., for the chancellor. He acted as a re- 
 
 1307 (35 Edw. I), he acted as proctor ceiver of petitions to the parliaments of 
 
 for the dean and chapter of York, being 1305 and 1307 (33 and 35 Edw. I), and 
 
 then a canon of that cathedral. Foss's as late as 1310 (3 Edw. II). Id. 
 Biogr. Jurid. 
 
■CH. XVI.] 1272 TO 1307. 437 
 
 and William de Byrlay}^ During the chancellor's absence pre- 
 viously, in 1297, ^''°'^ March 4 to 30, and afterwards, in 1299, 
 from Feb. 20 to June 16, William de Hamilton held the seal and 
 performed necessary duties.'^' 
 
 In 1302, on the 12th of August, John de Langton resigned the 
 chancellorship.'" After he 'restored to the king his Great Seal, the 
 king, in the presence of Amadio, earl of Savoy, John de Bretagne 
 and others of his council, delivered it to the Lord John de Drakens- 
 Jord^ then keeper of his wardrobe, to be kept there. Afterwards, 
 in the Close Roll, are the following entries : 
 
 "On the 23d of August, in the 30th year of the King, in the 
 ■ King's chamber at Kensington, in the presence of Otho de Grandi- 
 son, Amadio, earl of Savoy, John de Bretagn6, and others of the 
 King's council, the King's Great Seal was delivered by the King's 
 order, by the hand of Lord Johh de Drakensford, keeper of the 
 wardrobe, to Lord Adam de Osgodebey, keeper of the rolls of the 
 chancery, wh^ was enjoined to keep it under the seal of Master 
 John de Caen and the Lords William de Birlay and Robert de Bar- 
 deley,''^ until 'the King should provide himself with a Chancellor. 
 The seal being so disposed of, the King set forward on his journey 
 to Dover by the way of Chichester y^^ 
 
 " On Sunday, the morrow of St. Michael,'" in the same year, in 
 the King's chapel, at St. Redegund, 'immediately after mass, in the 
 presence of Lord John de Drakensford and others, chaplains and 
 clerks of, the said chapel of the King, Lord Adam de Osgodeby 
 delivered the Great Seal to our Lord the King, who then received it 
 into his own proper hands, and straightway delivered it to Master 
 , William, de GreneJield^^^ dean of Chichester, whom he had chosen 
 
 ^^.In his case the first occasion oc- chancery, and acting under no less than 
 
 curred in March, 1298 (26 Edw. I), and eight chancellors. During that period 
 
 the last in 1308. Id. he was one of those who were entrusted 
 
 ^' Id. with the keeping of the Great Seal in 
 
 360 Foss's Biogr. Jurid. the chancellor's absence, or in a tempo- 
 
 ^^ I Campbell's Lives of Chancellors, rary vacancy of the office. He is often 
 
 ch. II, p. 181, of edi. 1846, p. 174, edi. styled one of the 'gardiens du Seal.' 
 
 1874. . Foss's Biogr. Jurid. 
 
 John de Drokensford had previously '^i Campbell's Lives of the Chan- 
 filled some office in the Treasury or the cellors, ch. 11, p. 181 of 2d edi. (1846), 
 Exchequer. He retained the office of p. 174, edi. 1874. 
 
 keeper of the wardrobe till the end of ^^ September 29 being the day of 'St. 
 
 the reign. Foss's Biogr. Jurid. Michael and all Angels,' the morrow of 
 
 S62 1< Robert de Bardelby is designated St Michael was September 30. 
 
 in various records from 30 Edw. I (1302) ^^s l/yuHam de Greenfield was bom in 
 
 to 15 Edw. II (1321) as a clerk of the Cornwall, From King Edward's prac- 
 
438 
 
 Reign of Edward I 
 
 [tit. IV 
 
 for his chancellor, to' keep ; and the said chancellor delivered the 
 said seal again to the said Adam, to be carried with him, the said 
 chancellor, to Dover; and on the same day, at Dover, the chancellor 
 received it back from the said Adam, and the next day sealed writs 
 with it in the house of God there." '"^ 
 
 In December, 1304 (33 Edw. I), the chancellor, being elected 
 Archbishop of York, did'" on the 29th, say to the king before his 
 council : 
 
 " That it behoved him to go to Rome on the Thursday following,, 
 relative to the business of the said election, and begged the King to 
 ordain what was to be done with the Great Seal; and the King then 
 nominated and elected William de Hamilton, dean of York, Chan- 
 cellor and Keeper of the Seal, and commanded the Archbishop elect 
 to deliver the Seal the next day into the wardrobe to Sir John de 
 Burstidef^ to remain there under the seals of Sir Adam de Osgode- 
 bey, &c., until the arrival of the new chancellor ; and the archbishop 
 elect, the next day, at the sealing time, delivered the seal to the King 
 in bed." 
 
 tice of raising the superior officers of the 
 court to the chancellorship, it has been 
 thought not unlikely that Greenfield 
 passed his probation as a clerk of the 
 Chancery or Exchaquer. He was of 
 the clerical profession, and had been 
 rewarded with the dignities of the 
 church ; the deanery of Chichester hav- 
 ing, in 1299, been superadded to his 
 canonry of York. He had also been 
 summoned to the council; on one of 
 the occasions on which he was sum- 
 moned (which were from 1293) he is 
 called clerk of the council. Foss's 
 Biogr. Jurid. Mr. Horwood mentions 
 " among the Royal and other Letters^' 
 one (No. 1367) addressed by Edw. 
 I to the King of France (Philip IV), 
 which states that the writer sent the 
 bishop of London, Roger Brabazon, Kt., 
 and William de Grenefeud, Professor 
 of Civil Law, to settle the terms of a 
 treaty relative to disputes at sea ; " and 
 remarks that " very probably the profes- 
 sor was William de Greenfield. P. xix 
 of Preface to Year Books 30 and 31 
 
 Edw. I. 
 
 ^^ \ Campbell's Lives of the Chancel- 
 lors, ch. ii,edi. 1846, p. 182, ed. 1874, 
 
 P- 175- 
 
 367 li jn the king's chamber at Lincoln, 
 
 on Tuesday next after the feast of the 
 Lord's nativity, to- wit, on the feast of 
 St. Thomas the Martyr, in 'the thirty- 
 third year of the king's reign." 
 
 ^^fohn de Benstede was clerk or sec- 
 retary to Edward I, and accompanied 
 him to Flanders August 22, 1297, on 
 which occasion the Great Seal, which 
 the king took with him, was placed in 
 his hands, and another seal left in Eng- 
 land with the chancellor. On the king's 
 return in the following March, John de 
 Bensted was employed by him to carry 
 this latter seal to thfe Exchequer; the. 
 Great Seal being then given back to the 
 chancellor (Madox i, 72). He after- 
 wards held a place in the king's ward- 
 robe, when the seal was several times 
 deposited with him." Foss's Biogr.. 
 Jurid. 
 
CH. XVI.] 
 
 1272 TO 1307. 
 
 439 
 
 Accordingly, on the i6th of January, 1304-5, the Great Seal was 
 delivered to WiUiam de Hamilton.""' In 33 Edw. I, or in 1305, _/oAw • 
 de Benstede was advanced to the post of chancellor of the Exche- 
 quer; and ex-chancellor John de Langton, to the bishopric of Chi- 
 chester."" 
 
 William de Hamilton died in possession of the chancellorship on 
 April 20, 1307, while in attendance on the king near the Scottish 
 border. The Great Seal was found in a purse, sealed up under his 
 private seal.'" 
 
 Ralph de Baldock^^'^ was immediately fixed on as his successor. 
 Under the Privy Seal, at Cornhill, the 21st day of April, 1307, the 
 king issued a mandate to the treasurer, or his deputy, and to the 
 barons of the Exchequer, commanding and ordaining "that the 
 bishop of London be our chancellor."'" 
 
 Though the king died in July, on the 7th, yet this chancel- 
 
 369 1 Campbell's Lives of the Chan- 
 cellors, ch. II, note p. 185, of edi. 1846, 
 pp. 177, 178, edi. 1874. The archbishop 
 proceeded to the Roman court, where, 
 notwithstanding the king's letters, the 
 pontiff granted him consecration only 
 on the payment of 9,500 marks. To 
 relieve him from this extortionate impo- 
 sition, the clergy of his province raised 
 the money among them. The ten years 
 of his rule were principally illustrated 
 by his support of the Knights Templars 
 in their fallen fortunes, and by his assist- 
 ing at the general council held at Vienne 
 in 131 1 when one of the highest places 
 was assigned to him. He died at his 
 palace of Cawood, on December 6, 1315, 
 and was buried in the chapel of St. 
 Nicholas in his own cathedral. He had 
 the character of an eloquent man and 
 an able statesman, and his library was 
 extensive enough to be worthy of a sep- 
 arate bequest to St. Alban's abbey." 
 (Godwin, 685.) Foss's Biogr. Jurid. 
 
 ^■">Id. 
 
 "1 1 Campbell's Lives of the "Chancel- 
 
 lors, ch. II, p. i86, of edi. 1846, p. 179, 
 edi. 1874. 
 
 "^Collated archdeacon of Middlesex 
 in 1276 (4 Edw. I), from which he was 
 raised Octo. 18, 1294, to the deanery of 
 St. Paul's. His election as bishop of 
 London was Feb. 24, 1304; his con- 
 secration Jan. 30, 1306. Foss's Biogr. 
 Jurid. 
 
 3" And that he come without delay to 
 London to our said Exchequer to receive 
 in your presence our Great Seal, which 
 we now send thither by our dear clerks, 
 Adam de Osgodbey, Master John de 
 Caen and Robert de Bardelley;" and 
 commanding " that you cause the said 
 seal to be delivered to the said bishop, 
 and that you receive from him the oath 
 of office." I Campbell's Lives of the 
 Chancellors, ch. 11, p. 186, edi. 1846, 
 p. 179, edi. 1874. Following which is 
 the entry stating before whom the oath 
 was taken, and when it was taken, and 
 the Great Seal delivered to Ralph de 
 Baldock. 
 
440 Reign of Edward I [tit. iv 
 
 lor sealed writs till the 25th,' being till then ignorant of the king's 
 death."" 
 
 After stating that " the title of the treasurer is sometimes treasurer 
 of the Exchequer, sometimes the king's treasurer," Mr. Stubbs 
 observes that " in 1307, Walter Langton is called Treasurer of Eng- 
 land.""'" 
 
 Though Walter de Langton may not have been removed from the 
 office of treasurer till the end of this reign, yet in 36 Edw. I John de 
 Sandale held an office connected with the Treasury or Exchequer; 
 and in the next year he and John de Drokenesjord are called treas- 
 urers."" 
 
 26. Appointments oj barons oj the Exchequer Jrom I2gj, until the end 
 oj the reign. William de Carleton, senior baron Jrom 130J. 
 
 There was an addition to the barons at the end of 1297, of Roger 
 de Hegham (mentioned in § 22, p. 424); and on Octo. 17, 1299 (27 
 Edw. I), of Richard de AbyndonP'' 
 
 William de Carleton (mentioned in § 20, p. 418) may not have 
 had the title of chief baron, for that title does not appear to have 
 been adopted during this reign. But after the death, in 31 Edw. I 
 (1303). of Peter de Leicester (also mentioned in § 20, p. 418), Wil- 
 liam de Carleton was the senior baron. 
 
 In 34 Edw. I, on Octo. 19 (1306), Humjrey de Waldene^'^ was 
 added to the barons. 
 
 3" Foss's Biogr. Jurid. the reign. Foss's Biogr. Jurid. 
 
 375«xhe treasurer became, from the 3™An officer in the Exchequer. In 19 
 
 middle of the reign of Henry III, one Edw. I, the manor of Horsington was 
 
 of the chief officers of the crown." 2 committed to him, during the heir's 
 
 Stubbs's Const. Hist., ch. 15, p. 275 and minority, at a rent of ;^So a year. He 
 
 "otE 3- was appointed in 28 Edw. I, to peram- 
 
 "^ Sandale was likewise one of those bulate the forests of Somerset, Dorset 
 
 appointed to assess the tallage of Lon- and Devon. The bishopric of Worcester 
 
 don and Middlesex, &c. He became was, during its vacancy, committed to 
 
 chamberlain of Scotland in 33 Edw. I, him in 30 Edw. I ; and four years after- 
 
 and held this office till the end of the wards the archbishopric of Canterbury, 
 
 reign, being at the same time commis- After his appointment as baron of the 
 
 sioned to treat with the Scots. Id. Exchequer, he was in the office till the 
 
 ^" Mentioned in \ 14, p. 400,' as Cham- ensuing July, when the reign terminated, 
 
 berlain of North Wales. He was a Id. 
 baron from 27 Edw. I until the end of 
 
•CH. xvi.j 1272 TO 1307, 441 
 
 2y. Justices of the King's Bench from ijoi until the end of the 
 reign. Roger le Brabazon Chief Justice ; and Henry Spigur- 
 nel on the bench with him. Of the Year Books in jo, ji and 
 J2 Edw. I, and of those appearing therein as justices. 
 
 As mentioned in §§ 20 and 22, p. 421 and p. a^2\, John Lovel was a 
 judge of the King's Bench in certain years. As stated in § 22, p. 
 424, the appointment of Gilbert de Roubury was in 1 295, and that of 
 William de Ormesby in 1296, and Roger le Brabazon was chief 
 justice from 1295. On the bench with Roubury and Ormesby sat 
 Henry Spigumel. 
 
 "Spigurnel was the name given to the officer who sealed the writs 
 in chancery, and was by degrees adopted as the surname of the 
 family by which the duty cotitinued, probably during many succes- 
 sions, to be executed." Henry Spigurnel acted in a judical character 
 in 24 Edw. I (1296), and the next year is among the justices and 
 members of the council summoned to parliament. In Hil. 130.1, he 
 and William de Ormesby are recorded as holding 'locum regis ' at 
 Lincoln, 'in absencia R. de Brabazon;' and in Easter of the same 
 year, on the roll of pleas 'coram domino rege! at Worcester, these 
 two and Gilbert de Roubury are mentioned as holding the court in 
 the absence of the chief justice."'-" 
 
 In a recent publication, mentioned in § 20, jl). 418, may be seen 
 reports of "Michaelmas Term, 30th year Ed. I;""™ also of "pleas 
 before the Justices in Eyre at Launceston, in the 30th year of the 
 ■reign of King Edward the first, the Justices being John de Berewyk, 
 William de Burnetoun, Henry Spigurnel, John Randolpk and Hervy 
 de Stantoun ; " "^^ also of "Michaelmas Term at the end of the 31st 
 year" of Ed. 1.''=' 
 
 '™ Foss's Biogr. Jurid. iter;" p. 528, "Appendix ii, containing 
 
 380 Year books 30 and 3 1 Edw. I, p. i reports and notes in Latin of criminal 
 
 to 71, of Lond. edi. 1863. cases. Temp. Edw. I," 528; and p. 546, 
 
 '*^/(/., p. 73 to 291. "Appendix iii, containing writs and 
 
 ^^ Id., p. 293 to 493. After which enrolments belonging to Michaelmas 
 
 is p. 497, "Appendix i, containing Term, 31 Edw. I." 
 
 reports of criminal cases in the Cornish 
 
442 
 
 Reign of Edward I 
 
 [tit. IV 
 
 Another volume contains reports of " Hilary Term ,in the thirty- 
 second year of the reign" of Edw. I;**^ "Easter Term in the thirty- 
 second year" of same reign ;^'' "Trinity Term in the" same year/'* 
 "pleadings in Michaelmas Term at the end of" the same year; '^ 
 " Hilary Term in the thirty-third year of the " same reign.*" 
 
 William de Burnetoun seems to be the same as " William de Burn- 
 ton, the last named of five justices itinerant appointed in 30 Edw. I 
 (1302), for the county of Cornwall.""^ John Randolph belonged to 
 a family settled in Hampshire, and is first mentioned in 13 Edw. I 
 (1385) as one of the executors of William de Braboef, the justice 
 itinerant. He was connected with the Exchequer, and in 26 Edw. I 
 was one of the commissioners to visit the seaports and enquire into 
 the concealment of the customs on wool, &c.'™ Hei^ey de (some- 
 times called Henry) Staunton was of a Nottinghamshire family;^ 
 and was an ecclesiastic as well as a lawyer.'" As a lawyer he is 
 first mentioned in 30 Edw. (1302), among the justices itinerant into 
 Cornwall, and in the next year as holding the same character in 
 Durham.™ 
 
 383 Year books 32 and 33 Edw. I, p. i 
 to 87, of Lond. edi. 1864. 
 
 '** Id., p. go to 203. 
 
 '"^/i/.jp. 205 to 323. 
 
 386 Jd., p. 325 to 351. 
 
 3«/^., p. 353 to 419. 
 
 Id., p. 421 to 491; after which are 
 enrolments. 
 
 5**Who (Mr. Foss supposes) "may 
 have been the same as William de 
 Brompton, the justice of the Common 
 Pleas in this reign, whose name was 
 sometimes written Burnton." Biogr. 
 Jurid. As to William de Brompton, see 
 \ 18, p. 412, note 191. 
 
 389 (M;adoxi,23i.) Biogr. Jurid. Mr. 
 Foss says : " A document contained in 
 the Rolls of Parliament of 8 Edw. II, 
 proves not only that he acted for four 
 years as a justice of assize, as well as a 
 
 justice itinerant in the last circuit into 
 Cornwall, but also that his salary for 
 these services then remained unpaid." 
 (Rot. Pari, i, 332.) Id. 
 
 39" Of large possessions and ancient 
 lineage, which is still flourishing at 
 Staunton Hall in that county. He was 
 son of Sir William de Staunton by 
 Athelina, daughter and coheir of John 
 de Musters, lord of Bosingham, in Lin- 
 colnshire (Thoroton's Notts 1,305.) Id. 
 
 391 On one occasion he is described as 
 prebendary of Husthwait, in the cathe- 
 dral of York. (Abb. Placit. 259, 335.) 
 Id. 
 
 392 In the parliament at Westminster, 
 in Sept., 1305, he was one of those ap- 
 pointed to receive and answer the peti- 
 tions from Ireland and the isle of Guern- 
 sey. Id. 
 
CH. XVI.J 
 
 1272 TO 1307. 
 
 443 
 
 28. Justices of the Common Pleas in 1301, and afterwards until the 
 end of the reign. Ralph de Hengham Chief fustice. Conspic- 
 uous is Peter Mallore,, before whom Sir William Wallace was 
 tried. 
 
 In . 1 30 1 John de Metingham having died, Ralph de Hengham^^^ 
 was restored to the bench and constituted chief justice of the Com- 
 mon Pleas.™* His associates were Elias de Beckinghamf' William 
 de Bereford^ Peter Mallore and Lambert de Trikingham.^^ 
 
 Elias de Beckingham retired from the bench, or died in 34 Edw. 
 I (1305)-™ After which there was raised to the bench of the Com- 
 mon Pleas, in Nov., 1305, Henry de Guldeford,^^ and April 20, 
 1306, Hervey de (or Henry) Staunton^ 
 
 Conspicuous aniong the justices is one who holding the town of 
 Melcombe and certain lands at Dodemerton in Dorsetshire, in ferm 
 under the king (Madox i, 335) was summoned to perform military- 
 service against the Scots in 28 Edw. I. His name was Peter Mal- 
 lore ; he was the justice before whom Sir William Wallace was tried 
 
 39' Mentioned in \ 18, p. 411. His 
 name is introduced at the bottom of the 
 list of judges and other officers who 
 were summoned to the parliament of 
 March 1300 ; he appears as if among 
 the justices itinerant. In the following 
 April he was the first named of those 
 appointed to perambulate the forests of 
 Essex, Buckingham and Oxford. Foss's 
 Biogr. Jurid. 
 
 '"Sept. 14, 1 30 1. In this office he 
 continued till the end of the reign. Id. 
 
 ^^ Until he retired from the bench, or 
 died in 34 Edw. I (1305). lA. 
 ^ 396 Mentioned in \ 20, p. 318. 
 
 3" Of a family, so called, from a place 
 of that name in Lincolnshire. He was 
 a justice itinerant in Kent in 27 Edw. I 
 (1290) ; and the next year was raised to 
 the bench of the Common Pleas. Id, 
 
 "398 jje was buried at Bottisham church, 
 in Cambridgeshire. On his sepulchral 
 
 memorial he is designated ' Justiciarius 
 Domini Regis Anglite.' Foss's Biogr. 
 Jurid. 
 
 39' He was appointed to perambulate 
 the forests of the northern counties in 
 26 Edw. I, and of Salop, Stafford and 
 Derby two years afterwards ; and was a 
 justice itinerant for the Isle of Wight in 
 32 Edw. I. During all this time he was 
 among the judges summoned to par- 
 liament. Foss's Biogr. Jurid. 
 
 <™ Being an ecclesiastic as well as a 
 lawyer, he appears in the one character 
 as probendary of Hu'stwhait, in the 
 cathedral of York, and, in the latter, 
 among the j ustices itinerant ; for Corn- 
 wall, in 30 Edw. I, and for Durham 
 next year. In the parliament at West- 
 minster, in Sept., 1305, he was one of 
 those appointed to receive and answer 
 petitions from Ireland and the isle of 
 Guernsey. Id. 
 
444 Reign of Edward I [tit. iv 
 
 in 1304.*" From Stow's Chronicle, p. 209, Mr. Turner (imitating 
 Ld. Hailes) quotes the following: 
 
 " William Wales, was brought to London with great numbers of 
 men and women wondring upon him. He was lodged in the house 
 of William Delect, a citizen of London, in Fanchurch sfe-eet. On 
 the morrow, being the even of St. Bartholomew, he was brought 
 on horseback to West-minster; John Seagrave and Geffrey Knight, 
 the major, sheriffes and aldermen of London, and many other, both 
 on horsebacke and on foot, accompanying him ; and in the great hall 
 at Westminster, he being placed on the south bench, crowned with 
 laurel, for that he had said, in times past, that he ought to beare 
 a crowne in that hall, as it was commonly reported, and being 
 appeached for a traytor by Sir Peter Mallorie, the king's justice, hee 
 answered that hee never was a traytor to the king of England.""^ 
 
 Speaking of the arraignment of Wallace at Westminster as a 
 traitor, Mr. Turner says : 
 
 "His defence was complete: — he had never sworn allegiance to 
 Edward ; he was born with none ; he had never acquiesced in his 
 authority, he could not be a traitor to him. But the English judges 
 adopted the feelings of their sovereign. He was found guilty of 
 treason — hanged, drawn and quartered. His head was exposed on 
 London Bridge, and his divided limbs sent to intimidate Scodand. 
 Edward obtained the wretched gratification of destroying his noble 
 enemy; but his cruelty has only increased the celebrity of Wallace, 
 and indelibly blotted his own." *°' 
 
 2g. Of itinerant justices in and after 30 Edw. I; and of justices of 
 trailbaston in jj Edw. I and ^ Edw. I. 
 
 William de Mortimer, who (as stated in § 20, p. 421) was in 20 
 
 <™ Foss's Biogr. Jurid. cade behind whicli he was once 
 
 lo^ Turner's Engl., ch. ^, p. 90. screened; the barn in which he was 
 
 '^2, Turner's Engl., ch. 2, p. 90, of taken; and the lake into which, after he 
 
 ed. 1825. " The popular affection for was overpowered, he hurled his sword, 
 
 Wallace is strikingly shown by the are still fondly pointed out." Id., p. 90, 
 
 many local traditionary remembrances of note 125. Sir James Mackintosh con- 
 
 him, which are still preserved in Scot- siders that " His name stands brightly 
 
 land. The hills, the houses, the castles forward among the foremost of men, with 
 
 and the glens, which he frequented ; the Vasa, with the two Williams of Orange, 
 
 stones on which he sat; the tree in with Washington, with Kosciusko, with 
 
 which he was secreted; the rock from his own more fortunate, but less pure 
 
 which he plunged into the sea; the successor, Robert Bruce." 'i Mackin- 
 
 bridge which he crossed; the forest to tosh's Engl., p. 221, of Phila. edi. 1830. 
 which he withdrew; the foaming- cas- 
 
CH. XVI. J ' .1272 TO 1307. 44& 
 
 Edw. I, one of the justices itinerant for the northern counties, acted 
 in 32 Edw. I as a justice of assize in ten of the inland counties."* 
 Nicholas Fermbaud (or Fernybaud) "' is mentioned (with WilHctm 
 Inge) as a justice taking assizes in 1305.''"° 
 
 Referring to what has been said in § 23, p. 429, as to justices dt 
 trebcLsion or trailbaston, it may be observed that William de Cressi, 
 John de Barton, Ralph Fitz- William, Gerard Salveyn and Thomas 
 de Bumham are named as justices of trailbaston in "commissions 
 dated Nov. 23, 1304;*°' that in April, 1305, there were commissions 
 to others*"^ for all the counties of England, except those in the home 
 district; that some are in commissions of trailbaston, not only in 33, 
 but also in 35 Edw. I;*™ and others are only in the latter year"* 
 and some of these last are for the home counties.*" 
 
 30. Of Edward's death, July 6, igoy ; his person and character. 
 Condition of his body in 1774. Character and action of Hen. 
 I, Hen. n and Edw. I compared. Elements, characteristics and 
 results of Edward's greatness. 
 
 Edward had reigned 34 years and seven months, and had just 
 completed his sixty-eighth year when, upon an expedition against 
 
 <"* In the following year he was Biogr. Jurid, 
 
 named a receiver of the petitions of *^ To-wit : John de Botetourt, Ed- 
 
 Ireland and Guernsey in the parliament mund D' Eyencourt, Nicholas Ferm- 
 
 at Westminster in September. Id. baud (or Fernybaud), Thomas de la 
 
 ■"•^ Constable of Bristol from 22 to 33 Hyde, Robert de Harweden, John de 
 
 Edw. I. In 28 Edw. I, he was ap- Insula, William de Kerdeston, William 
 
 pointed to perambulate the forests of de Ormesby, Henry Spigurnel and Wil- 
 
 Gloucestershire and neighbouring coun- liam le Vavasour. 
 
 ties, and two years afterwards had cus- *' William Howard, William Inge, 
 
 tody of the bishopric of Bath and Gilbert de Knovill, Peter de Malo Lacu 
 
 Wells during its vacancy. Id. (or Mauley), William Martin, Adam 
 
 ^'^Id. As to William Inge, S66 ^ 21, de Middleton and Robert de Walsing- 
 
 p. 422. 
 
 *" When the first commission of trail- *w William de Beresford, Hugh de 
 
 baston into Lancashire was issued, Louther, Peter Mallore, John de Mut- 
 
 March I2, 1305, Milo de Stapleton and ford, Robert de Retford, Thomas de 
 
 John de Byrun were the two justices Snyterton and John de Thorpe. Peter 
 
 appointed under it; but, in the next Mallore died about July, 1310. 
 
 month, they were superseded by more '^^^ Roger de Hegham, Robert de Ret- 
 
 comprehensive commissions. Foss's ford. 
 
446 Reign of Edward I [tit. iv. 
 
 Scotland, he reached Burgh on the Sands, July 6, 1307, and (next 
 day) expired.*" A contemporary and survivor of Edward I describes 
 him thus: 
 
 "His head spherical; his eyes round and gentle and dove-like, 
 when he was pleased, but fierce as a lion's and sparkling with fire 
 when he was disturbed; his hair black and crisp; his nose prominent 
 and rather raised in the middle ; his chest was broad ; his arms were 
 agile ; his thighs long ; his feet arched ; his body was firm and fleshy, 
 but not fat. - He was so strong and active, that with his hand he 
 could leap into his saddle. Passionately fond of hunting, whenever 
 he was not engaged in war, he amused his leisure with his dogs and 
 falcons. He was rarely indisposed and did not lose either his teeth 
 or his sight by age. Temperate by habit, he never devoted himself 
 to the luxuries of his palace. He never wore his crown after the day 
 of his coronation, thinking it rather a burden than an honour. He 
 declined the royal garments of purple, and went about in the plain 
 and common dress of a plebian. Being once asked why he did not 
 wear richer apparel ? he answered with the consciousness of true great- 
 ness, that it was absurd to suppose that he could be more estimable in 
 fine, than in simple clothing. No man was more acute in counsel, 
 more fervid in eloquence, more self-possessed in danger, more cau- 
 tious in prosperity, more firm in adversity. Those whom he once 
 loved he scarcely ever forsook; but he rarely admitted into his 
 favour any one that had excited his dislike. His liberalities were 
 magnificent." *'^ 
 
 In 1774 the Chapter of Westminster opened the grave of Edward 
 I,*" and found his body, crown, velvet and tissue, perfect. 
 
 " The flesh of his lips and cheeks was sound and his hands perfect) 
 except that one had lost its nails. There was a gauze on the face 
 which had grown into the grain, and they could not lift it up. His 
 measure was six feet two." *'^ 
 
 ^^2 Turner's Engl., ch. 2., pp. 109, Cotton library, MS., Nero, D. 2. The 
 
 110. His death there is commemmo- author was John, of London." The 
 
 rated by an obelisk in 1685, erected by same account is mentioned in Miss 
 
 Henry, duke of Norfolk. It fell down Strickland's Queens of England, vol. 2, 
 
 on March 4, 1795, and was rebuilt by the p. 118, of Phila. edi. 1857. 
 
 Earl of Lonsdale in 1805. It stands *i* Westminster Abbey " suffered much 
 
 about a mile north of the village. by fire in 1274, but was repaired by 
 
 I Dugdale's Engl., pp. 310, 311. Edw. I, Edw. II, and the abbots." 
 
 ™ 2 Turner's Engl., ch. 2, pp. 113, " Here are the tombs of King Edward I, 
 
 114. There, in note 183, Mr. Turner and several other kings and queens of 
 
 states that " this is taken from a • Com- England." 5 Dugdale's Engl, and 
 
 memmoratio' addressed to his widow, Wales, p. 11 22. 
 
 queen Margaret, and preserved in the "^In 1774, on May 15, Horace Wal- 
 
CH. xvi.j 1272 TO 1307. 447 
 
 The effects of Edward's mind will remain much longer than the 
 four or five centuries that his body has been preserved. 
 
 "Edward had, besides force and honesty, a clear perception of 
 true policy, and such an intuitive knowledge of the needs of his peo- 
 ple as could proceed only from a deep sympathy with them. The 
 improvement of the laws, the definite organization of government, 
 the definite arrangement of rights and jurisdictions, the definite elab- 
 oration of all depjirtments which mark the reign, and make it a fit 
 •conclusion of a period of growth in all these matters, were unques- 
 tionably promoted, if not originated, by the personal action of the 
 king. What under Henry I was the effect of despotic routine, and 
 under Henry II the result of law imposed from without, becomes 
 under Edw. I a definite organization, worked by an indwelling 
 ■energy. The incorporation of the spirit with the mechanism is the 
 result of the discipline of the century, but the careful determination 
 of the proper sphere and limit of action, in each department, the self- 
 xegfulating action of the body politic, was very much the work of 
 Edward.""" 
 
 In the reigns of Hen. IV and Hen. V, the parliaments refer to 
 Edw. I as "a prince of great fortitude, wisdom and justice.""' He is 
 regarded as "the greatest of the Plantagenets." 
 
 " He was great in organizing ; every department of administration 
 felt his guiding and defining hand. The constitution of parliament 
 which was developed under his hands remains, with necessary modi- 
 fications and extensions, the model of representative institutions at 
 this day. His legislation is the basis of all subsequent legislation, 
 anticipating and almost superseding constructive legislation for two 
 centuries." "* 
 
 " A comparison of the legislation of Edward I with that of Henry 
 II, brings out conclusively the fact that the permanent principles of the 
 two were the same ; that the benefits of a sound administration of the 
 law conferred by the first, were adapted by his great-grandson to the 
 changed circumstances, and amplified to suit the increasing demands 
 
 pole wrote : " They had found in *^^ 2 Stubbs's Const. Hist., ch. 14, 
 ' Rymer' that they were obliged to be- p. 102. ^'' 2 Inst., 29. 
 stow a new cerecloth on the corpse every *'* 2 Stubbs's Const. Hist., ch. 14, 
 year. That poor service was forgotten p. 157. " The struggles of the succeed- 
 after two reigns, and curiosity alone ing century are not about the frame- 
 recalled it now after five hundred work of the constitution, but about the 
 years." Letters to Sir Horace Mann, management of it. The vessel is com- 
 vol. ii, p. 276, of Lond. edi. 1843. The plete, but the helm is contested by 
 time which had then elapsed was, how- Royalists and Lancastrians." Select 
 ever, not quite so much as 500, being no Charters, p. 420; Green's Hist, of Engl, 
 more than 467 years. Peop., book 3, ch. 4, p. 320, of vol. i. 
 
448 Reign of Edward I. [tit. iv" 
 
 of a better educated people. The principle of restricting the assump- 
 tions of the clergy, which, although enunciated by the Conqueror, 
 had in the Norman polity been neutralized by the practical inde- 
 pendence of the church courts, and by the arbitrary action of the 
 king's, had been made intelligible in the constitutions of Claren- 
 don." '''— "Edward's statute 'de religiosis' and the statutes of Car- 
 lisle*^" prove his confidence in Henry's theory, that the church of 
 England, as a national church, should join in bearing the national 
 burdens, and should not risk national liberty or law by too great 
 dependence on Rome. What the statute de religiosis was to the 
 church, the statute ^quia emptores' was to feudalism; but it was 
 only one of a series of measures by which Edward attempted to 
 eliminate the doctrine of tenure from political life. Henry had hum- 
 bled the feudatories; Edward did his best to bring up the whole 
 body of land owners to the same level, and to place them in the same 
 direct relation to the crown." *^' 
 
 Of the warrior's temper — of the temper that finds delight in 
 war, — he had litde or none. His freedom from it was the more 
 . remarkable that Edward was a great soldier." *^'' 
 
 " The rule of Edward, vigorous and effective as it was, was a rule 
 of law, and of law enacted not by the royal will, but by the common 
 council of the realm.""' 
 
 There is more than "one great blot upon Edward's reign;" "he 
 bought a grant from his parliament by " yielding " to their wishes in 
 the matter of the Jews ; " *''* he caused the execution of Wallace.*^ 
 But— 
 
 "With a masterly boldness he entrusted the goverment of the 
 country to a council of Scotch nobles, many of whom were freshly 
 pardoned for their share in the war."*^" — "If the excellence of a 
 statesman's work is to be measured by its duration and the faculty it 
 has shewn of adapting itself to the growth and development of a 
 nation, then the work of Edward rises to the higest standard of 
 excellence."*" 
 
 "'See ch. ii, I 8, p. 195. «3 j^., p. 346. 
 
 . «™ \ 24, ante, p. 435. *2* Id., p. 336. See § 19, ante, p. 415. 
 
 «i2 Stubbs's Const. Hist., ch. 14, ^^ Id., ■^. ■>,(>%. See § 28, a«/?, p. 444. 
 
 p. 105 to 107. ■"« Id., pp. 368, 669. 
 
 «2Green's Hist, of Engl. Peop., book *" Id., p. 319. 
 3, ch. 4, p. 317, of vol. I, edi. 1879. 
 
CH. xvii.J i2i6 TO 1307. 449 
 
 CHAPTER XVII. 
 
 REVIEW OF PERIOD FROM 1216 TO 1307. 
 
 I. Hubert de Burgh England's last great justiciar. How maratiine 
 jurisdiction was arranged afterwards. 
 
 Hubert de Burgh was England's last great justiciar.^ 
 
 "In 1217 the victory which saved England from the last attempt of 
 Lewis was won by the fleet nominally under the command of the 
 justiciar Hubert de Burgh; but Philip of Albini and John Marshall, to 
 whom Henry's council had entrusted the guardianship of the coast, 
 were the responsible commanders. In 1264 Thomas de Multon and 
 John de la Haye were appointed, by Simon de Montfort, ' Custodes par- 
 Hum, maritim-arum,' with the charge of victualling and commanding 
 the fleet. In the earlier years of Edward I the officers of the Cinque 
 Ports seem to have exercised the chief administrative power; and 
 no attempt had yet been made to unite the defence of the coasts, the 
 maintenance of a fleet of war or transport, and the general regulation 
 of the shipping, under one department. In 1 294, however, when the 
 constitutional storm was rising, when the Welsh, the Scots and the 
 French were all threatening him, Edward instituted a permanent staff 
 of officials."^ "In 1298 the orders for the superintendance of the 
 fleet are given to Robert de Burghersh as lieutenant warden of the 
 Cinque Ports, and John le Sauvage as lieutenant-captain of the mar- 
 iners. The negotiation of peace with France probably made further 
 proceedings unnecessary for a time. In 1302 Robert de Burghersh is 
 still warden of the Cinque Ports and answerable for the service of 
 fifty-seven ships due from them; in 1304 he with Robert le Sauvage 
 
 I2 Stubbs'sConst. Hist.,ch. I5,p. 269, sheriffs to collect the outlaws of their 
 
 '"He appointed William Leyburne shires, with the promise of wages and 
 
 captain of all the postmen and mariners pardon : besides these, the chief captain 
 
 of the king's dominions, and under him was empowered to impress men, vessels,. 
 
 yohn de Bottetourt, warden of all, from victuals and arms, paying, however, 
 
 the Thames to Scotland. For the man- reasonable prices." 2 Stubbs's Const, 
 
 ning of the fleet, he issued orders to the Hist., ch. 15, p. 288. 
 29 
 
450 Review of Thirteenth Century [tit. iv 
 
 and Peter of Dunwick has the charge of victualHng the twenty-five 
 ships furnished by the city of London. In 1306 we find a further 
 step taken ; Gervas Alar'd appears as captain and admiral of the fleet 
 of the ships of the Cinque Ports, and all other ports from Dover to 
 Cornwall;, and Edward Charles captain and admiral from the 
 Thames to Berwick; a third officer of the same rank probably com- 
 manded on the coast of the Irish sea." 
 
 Thus maratime jurisdiction was arranged until the appointment of 
 a single high admiral in 1360."' 
 
 2. Of the court of Exchequer, Ki7ig's Bench and Co7nino7i Pleas; 
 and the jurisdiction of itinerant justices. 
 
 "To the arrangements made by Henry II in 1178 for the constant 
 session of a limited number of judges in the Curia" has been traced 
 " the probable origin of the King's Bench as a distinct tribunal ; and 
 we have seen in the 17th article of Magna Charta, the Common 
 Pleas separated from the other suits that came before this court. At 
 the beginning of the reign of Henrj' III the three courts are distin- 
 guished; first, as to the class of causes entertained: the Exchequer 
 hearing cases touching the king's revenue; the court of Common 
 Pleas the private suits of subjects; and the King's Bench, under the 
 head of placita coram rege, all other suits, whether heard before the 
 king, or before the justiciar, or the limited staff of judges. They are 
 distinguished further, as to the place of session; the Commoft Pleas 
 being fixed at Westminster; the other two following' the king, 
 although the Exchequer, in its proper character was, as a rule held at 
 Westminster."* 
 
 From the beginning of the reign of Edward I, we find a series of 
 Chief Justices of Common Pleas, as well as of the King's Bench, 
 and from the middle of the next reign a regular succession of Chief 
 Barons of the Exchequer."^ 
 
 Under the charters of 1216 and 1217, the itinerant justices were 
 properly justices for particular assizes merely; "and their sessions 
 do not appear to have taken the place, or have superseded the neces- 
 sity of the more important visitations for the purpose of jail delivery 
 and amercements which had been continued since 11 66. These 
 visitations seem to have been held at irregular intervals and under 
 special articles of instruction; some of the justices being, as Bracton 
 tells us (lib. iii, tr. i, c. 11), commissioned to hear all sorts of pleas, 
 and some restricted to particular classes of causes. Throughout 
 the reign of Henry III, these courts are found everywhere in 
 great activity, their judicial work being still combined with financial 
 work." — "The petition that led to the Provisions of Oxford, con- 
 
 3/</., p. 289. 5/^.^ p. 267. 
 
 * 2 Stubbs's Const. Hist., ch. 15, p. 266. 
 
■CH. XVII.] i2i6 TO 1307. ' 451 
 
 tains complaints of mal-administration and extortion." Supposing 
 ■* the irregular system ' was continued, " Edward I has the credit of 
 reducing to definite rules the characteristic procedure of his great- 
 grandfather, when he substituted regular visitations of judges of 
 assizes, for the irregular circuits of the justices itinerant."" After the 
 statute of 21 Edw. I (mentioned in ch. 16, § 21, pp. 421, 422), there 
 was a further act of the 27th year, whereby, "the justices of assize 
 were ordered to act as justices of jail delivery;' and thus obtained 
 all the judicial authority which had belonged to their predecessors, 
 although special commissions for criminal cases, such as that of the 
 justices of Trailbaston " ^ "were now and then appointed. The system 
 of division of business now established in th6 courts of Westminster, 
 so far affected the provincial jurisdiction that it was necessary to 
 provide that assizes and inquests might be taken before any one 
 judge of the court in which the plea was brought and one knight of 
 the shire."' 
 
 J. Conservators of the peace ; courts of the shire and hundred ; ma- 
 norial courts : and regulations for juries. 
 
 "Intermediate between the provincial administration of the su- 
 preme courts and the ancient local administration of shire and hun- 
 dred, come the offices connected with the maintenance of peace and 
 police, derived from the higher source." — "Knights assigned to 
 enforce the oath of peace, and the hue and cry, appear as early as 
 the year iigs.'" Their designation as assigned seems to prove that 
 they were royal nominees and not elected officers, but their early his- 
 tory is obscure. To this class may he referred also the appointment 
 by Henry III in 1230 of three," and in 1252 of two, knights assigned 
 in each county to enforce the assize of arms,'^ and the nomination of 
 <:onstables of hundreds and townships; to secure the conservation of 
 the peace. In 1264,3 single ' custos pads' was' assigned in each shire 
 to conserve the peace and possibly to watch, possibly to supersede, 
 the sheriff but with instructions not to interfere with his functions so 
 as to diminish the revenue.^' In 5 Edw. I it appears that this custos 
 pads had become an elective officer, chosen by the sheriff and the 
 community of the county, in the county court and under the instruc- 
 tions of the king conveyed by the sheriff.,'"' "In 1282 the earl of 
 Cornwall was assigned by the king to conserve the peace in Middle- 
 
 '/(/., p. 269 to p. 271. which the justices belonged." Id., 
 
 ' I Statutes, 129. pp. 271, 272; citing i Statutes 286. 
 
 8 Pari. Writs 1,408'. "> Select Charters, pp. 255, 256; 
 
 "2 Stubbs's Const. Hist., ch. 15, i Stubbs's Const. Hist., ch. 12, p. 507; 
 
 p. 271; citing I Statutes 130. "It was 2 Id., p. 272. 
 
 not until the 14th of Edw. Ill, that "/a?.; citing Royal Letters 1,371. 
 
 inquests of nisi prius were allowed to " Select Charters, pp. 362, 366. 
 
 be heard by the justices of nisi Prius, '^ Select Charters, p. 403. 
 
 altogether irrespective of the court to "SeeJ i, a»/f, p. 449. 
 
452 Review of Thirteenth Century [tit. iv 
 
 sex and several other counties, with power to appoint deputies. 
 After the passing of the statute of Winchester, the office of conser- 
 vator of the peace, whose work was to carry out the provisions of 
 that enactment, was filled by elections in the shiremoot."'^ 
 
 "It is to the thirteenth century that the ancient machinery of the 
 county court and hundred court owes its final form. The second 
 charter of Henry III determines the times of meeting: the shire moot is 
 henceforth to be held from month to month; the sheriff's tourn twice 
 a year, after Easter and after Michaelmas ; and view of frankpledge 
 is to be taken at the Michaelmas tourn.^' By a supplementary edict 
 in 1234 Henry allowed the courts of the hundred, the wapentake, 
 and the franchises of the magnates to be held every three weeks, and 
 excused the attendance of all but those who were bound to special 
 service, or who were concerned in suits. These courts, the continu- 
 ance of which is based, according to this edict, on the fact that under 
 Henry II they were held every fortnight, are thus shown to be still 
 substantially the same as in Anglo-Saxon times, when the shire-moot 
 was held twice a year, and the hundred-moot once a month.^' 
 
 " The smaller manorial courts gradually adopted the improvements 
 of the larger and popular courts, but great diversities of custom still 
 prevailed, and the distinction between court leet and court baron, the 
 jurisdiction derived from royal grant and that inherent in the lordship 
 whether derived from the original grant or from the absorption ot 
 the township jurisdiction, becomes more prominent." '* 
 
 " The regulations for juries occupy a prominent place among the 
 minuter acts of Edward's legislation " ^^ 
 
 ^5 2 Stubbs's Const. Hist., ch. 15, lawyers to have merely systematized 
 
 p. 210, and pp. 272, 273. In a note on rules which they found prevailing."' 
 
 p. 273, Mr. Stubbs observes, that " pro- 2 Itf., p. 274. 
 
 bably the conservators were, in the first " " The determination of the qualifica- 
 
 instance, appointed by the crown; the tion of a juror^ which had no doubt 
 
 vacancies being filled by election." some bearing in the later question of 
 
 " Select Charters, p. 337 ; 2 Stubbs's the electoral suffrage, belongs to this 
 
 Const. Hist., ch. 15, p. 273. reign. In 1285, for the relief of the 
 
 "./;/., pp. 273, 274. "The statute of poorer suitors who felt the burden of 
 
 Merton allowed all freemen to appear by attendance at the courts very heavily, it 
 
 attorney in the local courts."' (Ch. 15, was ordained that a reasonable number 
 
 i 20, p. 321.) " The attendance of the of jurors only should be summoned, and 
 
 magnates of the county at the sheriff's that none should be put on assizes 
 
 tourn was dispensed with by the Pro- within their own shire who could not 
 
 visions of Westminster in 1259, and by spend twenty shillings a year, or out of 
 
 the Statute of Marlborough in 1267." their own shire who could not spend 
 
 Id. (2 Stubbs), p. 274. forty. In 1293, the qualification for the 
 
 [' IS 2 Stubbs's Const. Hist., ch. 15, former was raised to 40 shillings, and 
 
 p. 274. "The structure of these courts for the latter to a hundred; saving, how- 
 bears" (as is seen in i Stubbs 88, 89, 
 399, 606,) " so many marks of antiquity, 
 that we may fairly suppose the later 
 
 ever, the customs observed in boroughs 
 and before the itinerant justices." /d.,. 
 pp. 274, 275. 
 
■CH. xvii.J i2i6 TO 1307. 453 
 
 4. Of the shire {or county) communities. 
 
 " The county court, in its full session, that is, as it attended the 
 itinerant justices on their visitation, contained the archbishops, bish- 
 ops, abbots, priors, earls, barons, knights and freeholders ; and from 
 each township four men and the reeve, and from each borough 
 twelve burghers. It was still the folk-moot, the general assembly of 
 the people, and in case of any class or person being regarded as 
 outside the above enumeration, the sheriff was directed to summon 
 to the meeting all others who by right or custom appeared before the 
 justices. It contained thus all the elements of a local parliament — all 
 the members of the body politic in as full representation as the three 
 estates afterwards enjoyed in the general parliament.'"''' 
 
 "According to the 42d article of the charter of 1217,"^' it "sat 
 once a month ; but it is not to be supposed that on each occasion it 
 was attended by all the qualified members ; the prelates and barons 
 were generally freed from the obligation of attendance by the char- 
 ters under which they held their estates ; every freeman might by 
 the statute of Merton appear by attorney ; ''''' and by the statute of 
 Marlborough all above the rank of knight were exempted from the 
 the sheriff's tourn,** unless specially summoned : the charters of the 
 boroughs implied, and sometimes expressed, a condition that it was 
 only when the court was called to meet the justices that their repre- 
 sentatives need attend;^* in some cases the barons and knights 
 compounded for attendance by a payment to the sheriff; ^^ and the 
 custom of relieving the simple knights, by special license issued by 
 the king, prevailed to such an extent that the deficiency of lawful 
 knights to hold the assizes in the county court was a constant subject 
 ■of complaint.''' The monthly sessions then were only attended by 
 persons who had special business and by the officers of the town- 
 ships, with their lawful men qualified to serve on the juries. For the 
 holding of a full county court f&r extraordinary business, a special 
 summons was in all cases issued."" 
 
 "The sheriff is still the president and constituting officer of the 
 county court; to him is directed the writ ordering the general sum- 
 mons, and through him is made the answer of the county to the 
 question or demand contained in the writ.'"^ — "Although the gen- 
 eral contributions of the country, the fifteenths, the thirtieths and the 
 like, no Jonger pass, necessarily, through his hands, he retains the 
 collection of scutages and other presumptive imposts, and consider- 
 able power of amercement for non-attendance on his summons. The 
 
 2"2Stubbs'sConst. Hist., ch. I5,p. 205. ^i Stubbs's Const. Hist., ch. 5, 
 
 ^'That which is 42d in Select Char- p. 102; 2 /d., ch. 15, p. 206. 
 
 •ters, p. 337, is mentioned as ch. 35 in ^ Select Charters, p. 378. 
 
 2lnst., p. 68; and in ch. 15, § 11, aw^f, ^2 Stubbs's Const. Hist., ch. 14, 
 
 p. 299. pp. 205, 206. " Our knowledge of its 
 
 ^2 1 Statutes of the Realm, p. 4. composition is derived from such special 
 
 ^ /</., p. 22. writs." Id., p. 206. 
 
 ^Select Charters, p. 303. 28 /^_^ p_ 206. 
 
454 Review of Thirteenth Century [tit. iv 
 
 king retains the power of nominating the sheriffs, but not without a. 
 struggle." '^ 
 
 " In the county court, and Under the guidance of the sheriffs, was 
 transacted all the business of the shire:" "The act of the county- 
 court was the act of the shire in matters judicial, military and fiscal, 
 in the details of police management, and in questions (where such 
 questions occurred) connected with the general administration, of the 
 country."™ 
 
 "The judicial work of the county was done in the county court: 
 except in the county court, even the itinerant justices could not dis- 
 charge their functions." '^ 
 
 "The conservation of the peace, or police, a department that links, 
 the judicial with the military administration of the shire, was fully 
 organized on the same principles. For each necessary measure the 
 county was an organic whole ; the action was taken in the county 
 court; and in the execution of the law the sheriff was assisted or 
 superseded by elected representatives."'^ — "In the fifth year of 
 Edward I, an officer called ' custos pacts' whose functions form a 
 stage in the growth of the office of justice of the peace, was elected 
 by the sheriff and community of each county in the full county 
 court."'' 
 
 " The military administration of the county, furnishes illustrations 
 of the completeness of the local agencies, and of the concentration 
 of those agencies for national purposes."'* 
 
 " In the execution of the remedial measures which form so large a 
 part of the political history of the country, the agency of the coun- 
 ties is employed, generally, by means of elected representatives."'^ 
 
 But the fiscal business is that in which the shire system most closely 
 approached, before it actually touched, the national council; and in. 
 
 29 " The right of nominations being at justices of the peace. The county was 
 
 one time claimed for the baronage in the f atria, whose report was presented 
 
 parliament, and at another for the county by the juries; and a process by assize 
 
 court itself." Id., pp. 206, 207. An was 'per judicium et consilium toiius 
 
 account of the changes from time to comitatus.' Id., p. 209. 
 
 time, as to the mode of appointment and '^ Id., p. 209. 
 
 the limitation of the period of office, is ^^ I Bl. Com., 349; Foss's Biogr. 
 
 in Id., pp. 207, 208. Jurid., p. 64, title Fulco Baynard. The 
 
 ^" Id., p. 208. There was the use in conservators, who carried out the pro- 
 each department of representation, and visions of the statute of Winchester,, 
 the practice of electing representatives, although no mention of the mode of 
 who act on behalf of the whole commu- appointment occurs in the act itself, were, 
 nity of the shire. "The custom of after the first vacancy, elected in the 
 electing representatives in the county same way. In this instance the prin- 
 court was in full operation before such ciple was extended to the election of 
 representatives were summoned to par- constables for the hundreds. 2 Stubb&'^s, 
 liament." Id., pp. 208, 209. Const. Hist., pp. 209, 210. 
 
 ''And the county was the sphere of '*Jd, p. 210. 
 
 jurisdiction of the justices of assize and ^^ Id., p. 212. 
 
CH. XVII.] 
 
 I2l6 TO 1307. 
 
 455 
 
 it therefore the special action of the shire has the greatest constitu- 
 tional interest." '° Referring to the case in Yorkshire, in 1220," Mr. 
 Stubbs says, "the case is perhaps exceptional: the Yorkshire barons 
 would ordinarily have been consulted before the question of collec- 
 tion could arise; but the event clearly proves that the county 
 court claimed a right to examine the authority under which the 
 tax was demanded, and to withhold payment until the question was 
 answered." '^ 
 
 J". Of the town communities. 
 
 "The communities of cities and boroughs present points of anal- 
 ogy and contrast with the county communities." '' 
 
 "As there were many types of town constitution existing at the 
 same time, so too, there were many degrees of completeness of func- 
 tions."*" — "There were, however, some points in which — (London 
 with sheriffs and a shire constitution of its own, being perhaps the 
 only exception) — the sheriff and the county court still reviewed or 
 incorporated the town constitution."'" 
 
 14. 
 
 '5 2 Stubbs's Const. Hist., ch. 
 pp. 212, 213. 
 
 "In 1220, the writ declaring the 
 grant of canicage to have been made by 
 the ' magnates et fideles' in the ' com- 
 mune consilium^ was dated on the 9th 
 of August. Select Charters, pp. 342, 
 343. In the month of September Geof- 
 frey Neville,th.e king's chamberlain, who 
 was sheriff of Yorkshire, and had to 
 collect the carucage writes to the jus- 
 ticiar: (Royal Letters i, 151.) he had 
 received the writ on the 2d, and had 
 summoned the earls, barons and free- 
 holders to hear it on the 14th. On that 
 day the earls and barons did not attend 
 in person, but, as was usual, sent their 
 stewards. The writ was read : to the 
 disgust of the sheriff the stewards re- 
 plied, with one accord, that their lords 
 had never been asked for the aid, and 
 knew nothing of it ; without consulting 
 them they dared not assent to the tax. 
 They insisted that the lords of York- 
 shire, like those of the southern shires, 
 ought to have been asked for the grant 
 by the king, either by word of mouth 
 or by letter. The sheriff attempted to 
 
 answer them, but was obliged to grant a 
 postponement until the next county court, 
 that, in the mean time, they might lay 
 the king's command before their lords. 
 He learned, however, that if the king, on 
 a visit which he was shortly to make to 
 York, should call together the magnates, 
 and make the proposal in form, it would 
 be accepted. 2 Stubbs's Const. Hist., 
 ch. 14, pp. 214, 215. 
 
 ''^Mr. Stubbs adds, that "the county 
 court of Worcester thus declined to pay 
 the illegal exaction of the eighth in 
 1297." Id., p. 215. 
 
 '^2 Stubbs's Const. Hist., ch. 14, 
 p. 216. ^ojd, p. 218. 
 
 "Jc?., p. 219. In matters of jurisdic- 
 tion : the towns, however completely 
 organized, could not exclude the itin- 
 erant justices, whose court being the 
 shire-moot involved the recognition of 
 the sheriff. Hence in the general sutn- 
 mons of the county court before these 
 officers, the boroughs were ordered to 
 send twelve burghers to represent the 
 general body. Id. ; and Select Charters, 
 
 p. 349. 
 
 In the measures for the conservation 
 
456 Review of Thirteenth Century [tit. iv 
 
 "Simon de Montfort and Edward I, when they determined to 
 call the town communities to their parliaments, may have hesitated 
 whether to treat them as part of the shire communities or as inde- 
 pendent bodies. Earl Simon adopted the latter course, which was 
 perhaps necessary under the local divisions of the moment : as he 
 summoned out of the body of the baronage only those on whom he 
 could rely, so he selected the towns which were to be represented, and 
 addressed his summons directly to the magistrates of those towns."** 
 "And this plan was adopted by Edward I on one of the first occasions 
 on which he called the borough representatives together."" " But 
 when the constitution took its final form, — a form which was in 
 thorough accordance with the growth of the national spirit and 
 system, — it was found more convenient to treat them as portions of 
 the counties; the writ for the election was directed to the sheriff, and 
 the formal election of the borough members, as well as that of 
 knights of the shire, took place in the county court."** 
 
 6. The date at which, and the mode in which, was fixed the right of 
 the communities of shires and of towns to representatioji in par- 
 liament. 
 
 "The great mark which the century and the reign of Edward I 
 leave on our constitutional history is the representation of the com- 
 mons: the collecting in parliament of the representatives of the 
 communities of both shires and buroughs, the concentration of the 
 powers which had been previously exercised in local assembhes, or 
 altogether superseded by the action of the barons, and the admis- 
 sion of such representatives to a share in the supreme work of gov- 
 ernment."*^ 
 
 The "date, 1295, may be accepted as fixing finally the right of 
 shire and town representation, although for a few years the system 
 admits of some modifications."*" — " The pariiament of 1295 differed, 
 so far as we know, from all that had preceded it, and was a precedent 
 for all time to come, worthy of the principle which the king had 
 enunciated in the writ of summons. The writs for assembling the 
 representatives are addressed to the sheriffs ; they direct the election 
 not only of the knights but of citizens and burghers ; the return to 
 
 of the peace, the sheriff had orders to under the Assize of arms, were also led 
 
 enforce the observance of watch and by the sheriffs." Id. 
 
 ward, to forbid tournaments and other **2 Stubbs's Const. Hist., ch. 15, 
 
 occasions of riot, and to examine into p. 220 ; Select Charters, p. 406. 
 
 the observance of the Assize of arms, not ** In 1283. Id., 458 ; 2 Stubbs's Const. 
 
 only in the geldable or open townships Hist., ch. 14, p. Ii6, and ch. 15, p. 220. 
 
 of the shire, but in the cities and ** Id., p. 220. 
 
 boroughs as well." /(f. (2 Stubbs), p. 219. *^2 Stubbs's Const. Hist., ch. 15, 
 
 " The military contingents of the pp. 204, 205. 
 
 towns, composed of the men sworn *^ Id., p. 223. 
 
CH. xvii.J i2i6 TO 1307. 457 
 
 the writ is not merely, as in 1265 and 1283, the reply of the separate 
 towns, but of the county courts in which the elective process is trans- 
 acted; and the parliament that results contains a concentration of 
 the persons and powers of the shire-moot. In that assembly, on 
 great occasions, the towns had appeared by their twelve Durghers ; 
 now they appear to make their returns by the sheriff, who thereupon 
 makes his report to the government."" 
 
 "The knights of the shire represented the community of the shire, 
 which was intermediately represented by the county court ; the repre- 
 sentatives of the towns represented the community of the several 
 towns intermediately represented by their agents in the countv 
 court."*' 
 
 7. Uncertainty, for a time, as to what should be the estates of the 
 realm; whether the lawyers or .the iner chants shoiold form an 
 estate. 
 
 ' In the uncertainty which for some half century attended the ulti- 
 mate form in which the estates would rank themselves,' it is observed 
 that " the lawyers and the merchants occasionally seem as likely to 
 form an estate of the realm as the clergy or the knights." *' As to 
 lawyers, Mr. Stubbs makes the following interesting observations : 
 
 "Under a king with the strong legal instincts of Edward I, sur- 
 rounded by a council of lawyers, the patron of great jurists and the 
 near kinsman of three great legislators, the practice and study of law- 
 bid fair for a great constitutional position. Edward would not, like 
 his uncle, Frederick II, have closed the high offices of the law to all 
 but the legal families, and so turned the class, as Frederick did the 
 knightly class, into a caste ; or, like his brother-in-law, Alfonso the 
 wise, have attempted to supersede the national law by the civil law of 
 Rome ; or, like Philip the Fair, have suffered the legal members of his 
 -council to form themselves into a close corporation almost indepen- 
 dent of the rest of the body politic ; but when the contemporary influ- 
 ences were so strong we can hardly look to the king alone as supply- 
 ing the counteracting weight. It is perhaps rather to be ascribed to 
 the fact that the majority of the lawyers were still in profession 
 
 *' Id., p. 224. elections, no words are contained which 
 
 **J(i., p- 225. "The institution of restrict the liberty heretofore exercised." 
 
 electing representative knights for local Id. " The theory of the election was, 
 
 purposes was in active operation for that it was the act of the shire-moot; 
 
 nearly eighty years before such repre- that is, of all the suitors of the county 
 
 sentatives were summoned to parlia- court assembled in the county court." 
 
 ment. Those earlier elections were Id., p. 232. 
 
 made by the full county court; and in *'2Stubbs's Const. Hist., ch. I5,p. 189. 
 
 •the writs ordering the parliamentary 
 
458 Review of Thirteenth Century [tit. iv 
 
 clerks ; °° that Chancery which was increasing in strength and whole-^ 
 some influence, was administered almost entirely by churchmen, and 
 that the English universities did not furnish for the common law of 
 England any such great school of instruction as Paris and Bologna, 
 provided for the canonist or the civilian. Had the scientific lawyers 
 ever obtained full sway in English courts, notwithstanding the strong 
 antipathy felt for the Roman law, the Roman law must ultimately 
 have prevailed, and if it had prevailed it might have changed the 
 course of English history. To substitute the theoretical perfection 
 of a system, which was regarded as less than inspired only because 
 it was not of universal applicability, for one, the very faults of which 
 produced elasticity and stimulated progress and reform, whilst it 
 trained the reformers for legislation, would have been to place th^ 
 development of the constitution under the heel of the king, whose 
 power the scientific lawyer never would curtail, but when it comes 
 into collision with his own rules and precedents." °^ 
 
 <S. Ancient law books connected with the ijth century : The Register ; 
 The Mirror ; Br acton ; Thornton; Britton , Fleta. 
 
 The ' Register' is referred to by Littleton^'' and Fitzherbert ;^^ and 
 is mentioned by Lord Coke as " a most ancient book and of great 
 authority in law.""* The "antiquity and excellency of this book" are- 
 spoken of by him in prefaces to volumes of the Reports,"" and in the 
 Institutes. In Co. Lit. is the following upon words of Littleton in 
 sect. 9 : 
 
 "Come appieit per le Register. Which book in the statute of W. 2, 
 
 *" Edward I, in 1292, ordered the Ibid. See also /i^., 159 <". 
 
 judges to provide and ordain seven ^^ j^ Qjjg place he says : " I have a 
 
 score attorneys and apprentices to prac- Register of our writs, original, written in 
 
 tice in the courts ; a certain number to the reign of King Henry the second (in 
 
 be chosen from the best in each county, whose time Glanvill wrote), containing 
 
 and all others excluded. (Rot. Pari, i, the original writs, which were long 
 
 84.) Fleta mentions several degrees of before the conquest, as in the" "preface 
 
 practising lawyers, servientes, narra- to the third part appeareth, (and yet also 
 
 tores, attornati and apfrentitii. Id., remaining in force, such excepted as 
 
 (2 Stubbs), p. 190, note 2. have been instituted or altered by acts of 
 
 "Jd, pp. 189, 190. parliament since that time,) which is the 
 
 52 Sect. 9. most ancient book yet extant of the com- 
 
 ^ F. N. B. (87) I, et seq. mon law, and so ancient, as the begin- 
 
 5* Co. Lit., 73 i. " Containing all the ning whereof cannot be showed." Pre- 
 
 original writs of the common law;" and face to 8 Rep., pp. xxii and xxiii. See 
 
 " containeth also brevia judicialia, quie also preface to 10 Rep., pp. xxiv and 
 
 scepius varianiur secundum varietatem xxv. 
 
 placitorum proponentis et respondentis.'' 
 
CH. XVII.] i2i6 TO 1307. 459 
 
 ca. 24,'^ is called Registrum de cancellan'a, because it containeth the 
 forms of writs at the common law that issue out of the chancery 
 tanquam ex qfficind, justiticB. There is a register of original writs 
 and a register of judicial writs ; but when it is spoken generally of the 
 register, it is meant of the register original." " 
 
 A summary of the laws and usages of England, which Lord Coke 
 entided the "Mirror of Justices," is spoken of by him in terms of 
 commendation.^ He considered that "the most of it was written 
 long before the Conquest;" but that "many things were added 
 thereunto by Home, a learned and discreet man (as it is supposed), 
 in tlie reign of E. I."^' Of Home's work™ there have been several 
 editions ; °' it was held in higher esteem by Lord Coke than by Lord 
 Campbell.'' 
 
 That " our ancestors ordained one seal, and one chancellor for the 
 keeping of it, to give remedial writs to all, is stated in the Mirror.^ 
 
 Lord Coke, besides mentioning Bracton, speaks of "Britton, who 
 was bishop of Hereford, and learned in the laws of this realm."" 
 
 "Henry de Bracton, who was in the latter years of the reign of 
 King Henry, the third a considerable judge""* and author, had 
 anciently a variety of names; he was not only "called Bracton and 
 Brycton and Britton and Briton," but "likewise by some others."*' 
 John Selden states that "with regard both to method and distribation, 
 the manuscripts of Bracton's work greatly differ.""' 
 
 Henry de Bracton's work, 'De Legibus Consueiudinibus et Anglice,'' 
 is quite different from the work called ' Britton ' — a compendium of 
 English law. The former is a finished ' and systematic performance, 
 
 ^8 Noticed in ch. 16, ^ 15, flK/^, p. 403. ^' See ' Allibone's Dictionary,' tit. 
 
 ^' Co. Lit., 16 6, 73 iij 159 o; 4 Inst., ' Home Andrew.' 
 
 79, 140. S2 Lives of Lord Chancellors, pp. 208; 
 
 =8 Preface to 9 Rep. 209, of 2d edi. (1846) ; p. 200, of Bos- 
 
 5' Preface to lo Rep., pp. xxv and ton edi. 1874. 
 
 xxvi. *3 Cap. 4; cited in Legal Judic. in Ch., 
 
 ™'La Somme appell^ Mirroir des Jus- ch. i, p. 20, of edi. 1727. 
 
 tices, Seu Speculum Justiciarium'. It ** 2 Inst., 489. 
 
 may have been " in the time of Edvi^ard ^^ Selden's dissertation (with edition 
 
 the Second." John Selden so mentions of Fleta) in 1647, ch. i, § 3; p. 3 o£ 
 
 it in his Dissertation annexed to edition Kelham's translation in 1771. 
 
 of Fleta in 1647; ch. i, \ 2, pp. 3, 4, of ^ Id., ch. 2, \ 2, pp. 11, 12. 
 
 Kelham's translation, published in 1771. ^'^ Id., ch. 2, \ 4, p. 20. 
 
460 Review of Thirteenth Century [tit. iv 
 
 giving, when it was written, a complete view of the law as it then 
 stood. Notwithstanding what is Said in 2 Inst, 569, it is considered 
 that Henry de Bracton wrote it, not after 13 Edw. I, nor even after 
 6 Edw. I, but before 52 Hen. Ill; this is evidenced by the omission 
 therein of regulations made by the statute of Marlebridge.** As to 
 the later work — wherein is cited one statute enacted in 6 Edw. I, 
 and another in 13 Edw. I — the better opinion is, that it is "little more 
 than an abridgement of Bracton, with the additions of the subsequent 
 alterations in the law." It was at one time attributed to John Le 
 Breton, bishop of Hereford, but erroneously; the bishop, who died 
 in 3 Edw. I, could not have written of acts of parliament made ten 
 or three years after his death.'^ 
 
 In John Selden's dissertation, annexed to Fleta, a manuscript of a 
 compendium or abridgement of Henry de Bracton is mentioned in 
 ch. 2, § I,™ and in § 4; in the latter the whole tide is as follows: 
 
 "Incipit Sumnia de legibus et Consuetudinibus Anglice a Magistro 
 Henrico de Bryctona composita tempore Henrici filii Regis Johannis 
 quarn quidem Summani Dominus Gilbertus de Thornton, tunc Capd- 
 talis Justitiarius Domini Regis in Anglia secundum, statuta et leges 
 tunc usitatas, ad ictilitatetn posterorum diligenti studio postmodum 
 abbrei'iavit sub compejidio, anno regni Regis Edwardi filii regis 
 Henrici vicessimo. Et ipse idem, Dominus Gilbertus tempore illo 
 Scientia, bonitate et mansuetudine floruit eleganter."''^ 
 
 "The sense is, that Thornton, while Lord Chief Justice, to-wit, 
 under Edward the first, made this compendium and breviary, and that 
 he did this according to the statutes and laws then in force, that is, 
 he gives us Bracton's works, so far as they may be of help to pos- 
 terity, towards rightly understanding the laws and statutes at that 
 time in force, for he makes no mention of the intermediate statutes 
 themselves made between the time of Bracton and that of his own 
 writing."" — "He, as is usual with epitomizers, passes by a great 
 many things, neither does he always follow Bracton's method, but 
 sometimes another, and makes a different distribution." " 
 
 ^7a?., §2, p. II; Foss's Biogr. Jurid. never been printed." Biogr. ' Jurid. 
 
 «9/a'. «3 Ed. I, Wes. i, c. 49"; 6 Ed. I, 
 
 '"P. 9 of Kelham's translationin 1771. i Gloc, c. 9; 13 Ed. 1,1 W. 2, u. I ; 
 
 ''^ Id., p. 17. Gilbert de Thornton (or and some others, 
 
 de Torenton) was constituted chief jus- " Selden's dissertation (with Fleta in 
 
 tice of the King's Bench in 1289, and 1647), ch. 2, § 4, p. l8, of Kelham's 
 
 was acting as late as August, 1295. Mr. translation in 1771. 
 -Foss states that Thornton's work " has 
 
CH. XVII.] 12x6 TO 1307. 46L 
 
 " We have just reason to believe this abridgement by Thornton to 
 have been penned by the King's command, or at least under his 
 •fevour; for we read in the annals of our law that this Edward 
 (therein, by mistake of the press, called the second) being desirous 
 of having all the laws and customs of his kingdom reduced into 
 writing, did, for that purpose, by the assistance of the most eminent 
 lawyers in his reign, compile, and that in his own name, some other 
 books besides the celebrated one of Britton.'"* 
 
 Though Thornton contains nothing subsequent to the time of 
 Bracton, yet there was a French compendium of Bracton with- some 
 of the subsequent laws of Edward the first inserted, called Britton or 
 Breton. John Selden had " a very ancient copy of that French tract 
 or compendium." '^ 
 
 He considered " that the name of Henry de Bracton, or Breton, in 
 this book commonly called Britton and Breton, is to be understood 
 as of that of the primary author of the work, tho' enlarged with 
 some matters of a later date than his time." '" 
 
 "A view of the law of England such' as it anciently was under 
 Edward the first," is also exhibited by the author of Fleta." 
 
 " Fleta has indeed many things so very like what's contained in 
 Bracton and Thornton, that he frequently makes use of their very 
 words; yet he, at the same time, especially in his second book, 
 delivers many other matters which are" not "to be found in them."" 
 
 Selden was convinced that Fleta was written in the reign of Edward 
 the first; that "it, as well as the sum of Thornton, and the compen- 
 dium called Britton, were some of the works compiled by the most 
 
 ''* Id., pp. 21, 22. Selden regards of Fleta) in 1647; ch. i, ^ ii, p. 3, and 
 
 Edward as intimating "that he himself g 3, pp. 15, 16, of Kelham's translation, 
 
 was, as it were, the author of it" (Brit- The distinction between Thornton's 
 
 ton), " as much, at least, as Justinian book, and that called Britton, is again 
 
 was of the Tribonian collections, and adverted to in Id., ch. 10, § 4, pp. 269, 
 
 that it was then to be understood from 270, of translation, 
 the throne that he had in the aforesaid ''^ Id., ch. 2, § 3, p. 16, of translation, 
 
 book instructed the judges and the rest " Nor in any other author that John 
 
 of the lawyers in the laws and customs Selden had perused in or before 1647. 
 
 of England." Selden adds : " Neither So stated in his dissertation (with edition 
 
 is Thornton a bare epitomizer, but some- of Fleta) in 1647, ch. i, g 2; p. 3 of 
 
 times also an excellent interpreter and translation in 1771; also Id., ch. 2, | i, 
 
 expositor of Bracton." Id., p. 24. p. 9. 
 
 '^ Selden's dissertation (with edition 
 
462 Review of Thirteenth Century [tit. iv 
 
 famous lawyers, at the command of Edward the first;"" and that 
 Fleta was "wrote in the Flete."" The volume contains the follow- 
 ing passage: 
 
 "Est inter ccetera quoddam offi-cium quod dicitur cancellaria quod 
 uno viro provide cSf discreto ut episcopo vel clerico magnce dignitatis 
 debet committi simul cum cura majoris sigilli." ** 
 
 The author relates "that to the chancellor are associated honest 
 and circumspect clerks, who have a full knowledge in the laws and 
 customs of England, whose duty it is to hear and examine the peti- 
 tions and complaints of complainers or plaintiffs, and according to the 
 qualities shewn, to give them due remedy by the King's writ. And 
 then he goes on to shew the several sorts of writs, some formed 
 according to the case of the party, others de cursu or of course ; that 
 as to those writs which are varied according to the diversity of the 
 case, they are called magistralia, which plainly refers to the act of 
 parliament, 13 E. I, 'that when it shall happen in chancery that in 
 one case is found a writ, and there is not found a writ in the like case 
 falling under the same right, and wanting the like remedy, concordant 
 clerici de cancellaria in brevi faciendo ;' i. e., let the clerks in chan- 
 cery agree in making out a writ; which clerks were the masters in 
 chancery ; and the writs formed by them on this statute were from 
 thence called brevia magistralia, to distinguish them from breyia de 
 cursu, that is, from the writs made out of course by the cursitors." *' 
 
 There is a new edition of Britton ; ^'^ in the introduction to which, 
 the editor, speaking of Britton and Fleta, says: 
 
 "A comparison of the parallel passages in the two treatises has led 
 me to the conclusion that Fleta was first written, and that this book, 
 as well as Bracton, was in the hands of the author of Britton, who 
 appears to have more frequently made use of the compendium of 
 Fleta than of the larger work." ^ 
 
 ''''■Id., ch. 10, W I, 2, p. 255 to 260. to 265 of Selden's dissertation before 
 
 Mr. Tamer concurs that Fleta was writ- mentioned. 
 
 ten under Edw. I. Hist, of Anglo ™ Fleta lib. 2, c. 13, p. 75; cited in 
 
 Saxons, book 8, ch. 3, p. 143, of edi. Legal Judic. in Ch. 20, of edi. 1727. 
 
 1S52. It seems probable that the au- *'Ch. 3, pp. 66, 67, of Legal Judic, 
 
 thor did not live at so late a period as is in Ch., edi. 1727; citing Fleta lib. 2, 
 
 supposed in 2 Fuller's Worthies, pp. 366, c. 13, pp. 75, 76. 
 
 367. 82 « The French text carefully revised 
 
 ™ " That most noted prison which we, with an English translation, introduction 
 
 from the little river running by it, call and notes, by Francis Morgan Nichols, 
 
 the Fleet." — "If Cicero had called his M. A., of Lincoln's Inn, barrister at law, 
 
 Tusculan questions Tusculum, he had formerly fellow of Wadham College," 
 
 done it for the same reason as our author Oxford, 1865. 
 
 named his book Fleta." \ 3, page 261 ^Id., p. xxvii. 
 
'CH. XVII.] i2i6 TO 1307. 463 
 
 " The important place occupied by Britton in the series of our 
 ancient law-loiters, depends mainly upon two peculiarities ; first, the 
 royal authority under which the book assumes to be promulgated ; 
 and secondly, the fact that it was the first great treatise upon our 
 law written in the vernacular language of the courts — the first of the 
 series of books to which the works of Littleton, Fitzherbert and 
 Plowden belong."" 
 
 p. How Roman law came into use, in England, in the thirteenth 
 century ; and then gave a rule which has been followed. 
 
 In the ' Translator's Preface ' to Domat's Civil Law,'* there is this 
 passage : 
 
 " We see in the most ancient books of the common law, as Bracton, 
 Thornton and Fleta, that the authors thereof have transcribed, one 
 after another, in many places, the very words of Justinian's institutes." 
 
 Of these English authors, Bracton is the most important. Azon, 
 or Azo, a professor of law at Bologna, who acquired an extraordinary 
 reputation as a teacher,^ was the preceptor of Franciscus Accursius, 
 the father;*' and Azo's commentary was made use of by Bracton.** 
 
 Selden considered it plain, from citations and arguments by Brac- 
 ton, Thornton, and the author of Fleta, that some kind of use ''of 
 the imperial law and of the books containing it, prevailed among our 
 ancestors in that age in decisions .that were to be determined by the 
 law of England." 
 
 " Not that they thought this realm subject to the Roman Emper- 
 ors, or to the imperial law; or that our policy any way depended 
 upon it, or that the law of England, which had long before been 
 established, either in writing or by custom, could receive any altera- 
 tion from it (they themselves, in several places, informing us that our 
 own law, where it widely differs from, and even is plainly repugnant 
 
 ^Id., p. xxviii. Of this, however, the judges were igno- 
 
 ® London edi., 1722. rant; and thinking that he called them 
 
 ^ " In a personal dispute he threw a beasts, they sentenced him to death, and 
 
 candlestick at the head of his opponent, deprived his remains of the rites of 
 
 who died in consequence. Azon was sepulture." This is said to have hap- 
 
 taken up and tried; but as the catastro- penedin I20oor 1225. Watkins's Biogr. 
 
 phe was not meditated, when he came Diet., Lond. edi., 1822. 
 
 to receive judgment, he cried out Ad ^'As to him, see ch. 16, \ 5 and \ 7. 
 
 Bestias, meaning' that in a law bearing *i Spence's Eq., 131. 
 
 this title, his pardon would be found. 
 
464 Review of Thirteenth Century [tit. iv 
 
 to the imperial law, is to be followed) ; .but all they meant was that 
 where an express right was wanting in our own law, ^Course might 
 then be had to the rule of the civil law, as far as grounded on reason ; 
 and when both laws were conformable to each other, that then the 
 matter in debate was, in some measure, confirmed or explained by 
 the words of the imperial law." *' 
 
 In another chapter Selden says : 
 
 "As it is certain that the clergy in that age filled up among us the 
 chief places, even in the King's courts of justice, it can't be doubted 
 but that from the use of this law by the ecclesiastics it gradually also 
 gained ground in those courts ; and that it was manifestly, as such, 
 applied in discussing of causes."™ 
 
 Mr. Reeve piraises Bracton's style as clear, expressive and nervous ; 
 and resists the attempt to throw discredit on his fidelity as a writer 
 on the English law which has been grounded on his reference to the 
 Roman Code.'' The common law was much improved in Bracton's 
 time; the "improvement was made by incorporating much of the 
 civil law into the common law." — " Many of the maxims of the com- 
 mon law, borrowed from the civil law, are still quoted in the lan- 
 guage of the civil law."'^ 
 
 In the House of Lords, in 1828, Best, C. J., said: "Notwithstand- 
 ing the clamour raised by our ancestors for the restoration of the 
 laws of Edward the Confessor, I believe that these, and all the other 
 Saxon and Norman customs, would not have been adequate to form 
 a system of law sufficient for the state of society in the times of 
 Henry III. Both courts of justice, and law writers, were obliged to 
 adopt such of the rules of the digest as were not inconsistent with 
 our principles of jurisprudence.'"' 
 
 In 1875, in the Common Pleas division, .ffr^'//, J., said : "No one 
 who has read the treatise of Mr. Justice Story on Bailments, the essay 
 of Sir William, Jones, and the judgment of Ld. Holt in Coggs v. 
 
 ^Id., ch. 3, \ 5, pp. 48, 49. The man- ^ Hale's Hist, of Com. Law, ch. 7 ; 
 
 date dated at Basing, Dec. 11, in 19 Parker, C. B., Fort., 408; Best, J., in 
 
 Hen. Ill (1234), is remarked on in 'Id., Blundelly. Catterall, 5 Barn & Aid. 268, 
 
 ch. 8, § 2, pp. 199,200; alsoin 'proeme' 7 Eng. C, L. ; Rex -v. Yarborough, 2 
 
 to 2 Inst, and I Bl. Com., 24. Bligh, N. S., 160, 161; S. C. (Gifford 
 
 '"Selden's dissertation (with Fleta) in v. Yarborough), 5 Bingh., 163, [5 Eng. 
 
 1647, ch. 8, I 2, p. 208, of translation C. L. 
 in 1771. 9'S. C.,2 Bligh, N.S., 161; i Spence's 
 
 '1 Hist, of Eng. Law, ii, 86, 88 ; Foss's Eq., 123 ; Id., pp. 131, '132, note. 
 Biogr. Jurid. 
 
CH. XVII.] I2i6 TO 1307. 465 
 
 Bernard^ can doubt that the common law of England as to bail- 
 ments, is founded upon, though it has not exactly adopted, the 
 Roman law. It is true that Ld. Holt rests as for authority solely on 
 Bracton ; but the treatise of Bracton adopts all the divisions of the 
 Roman law in the very words of the Roman text, and farther adopts 
 the exception of the Roman law and the Roman reasons for it." He 
 considered it " obvious, therefore, that Bracton, or English judges 
 before him, adopted into the English, the Roman law.'"^ 
 
 10. In the register of writs, 'the ancientest book in the law' notice is 
 taken of the Master or. Keeper of the Rolls and of the other 
 Masters. Equity is old: but of the chancery as a court of eqtdty 
 there is no nientioji by Glanville, the Mirror, Bracton, Britton, 
 or Fleta. The date of the book called 'Diversite des Courtes,' 
 remarked on. 
 
 There is no doubt but the office of Master or Keeper of the Rolls 
 is an ancient office of dignity and preeminence. In the Register of 
 Writs, 'the ancientest book in the law,' notice is taken of the Keeper 
 of the Rolls; and of the Masters.'" Writs of error brought on 
 judgments given on the law side in chancery are directed to the 
 Master of the Rolls, because he has the keeping of the records on 
 which such writs are brought.*" 
 
 "Equity is as old as Bracton^ who, fo. 23*, distinguishes how it 
 would be secundum aquitatem, and hov^ secundum rigorem juris ;"^ 
 and in fol. 18, says, "Nihil tarn conveniens est naturali esquitate quam, 
 voluntatem domini volentis rem suam in alium transferre ratam 
 haberir'"^ 
 
 But " our ancient writers, as Bracton, Briton, Fleta, mention nothing 
 of" the court of chancery, 4s a court of equity ; " neither, indeed, could 
 they, because it was then not in being." ^"^ This is not controverted 
 by Mr. Stubbs. He says : 
 
 " Neither Glanvill, the Mirror, Bracton, Briton, Fleta, nor the ' Di- 
 
 ^2 Ld. Raym., 909, I Salk., 16. ''Sir Thomas Clarke, Master of the 
 
 ^Nugent V. Smith, L. R., I .C. P. D., Rolls in 1759, in Burgess v. Wkeate, i 
 
 28, 29. W. Bl., 136 ; I Eden, 194. 
 
 ^Qh. S, p. 187, of Legal Judic, in ™ Cited by Lord Coke in 23 Eliz., in 
 
 Ch., edi. 1727. ^Id., pp. 190, 191. Shelley's case, i Rep., 100. 
 
 ^ Whose work is supposed to have '"' Leg. Judic. in Ch., ch. 2, p. 24, of 
 
 been written before 52 Hen. Ill, that is, edi. 1727; I Eq. Cas. Abr., 129, note 
 
 before 1268. (a); 3 Bl. Com., 50. 
 
 30 
 
466 Review of Thirteenth Century [tit. iv 
 
 versite des Courtes' ever allude to the Chancery as a court of equity; 
 Hardy Close Rolls, i pref., p. xxiii. Yet the distinction was recog- 
 nized between law and equity as early as the time of Glanvill, and was 
 inherent in the double character of the judicature; and Fleta (ii, 13) 
 mentions the hearing of petitions as one of the principal duties of 
 the chancellor and his clerks, 'quoru'm offi-cium sit supplicationes et 
 querelas conquerentium. audire et examinare, et eis super qualitati- 
 bus injuriarum ostensarum debitum remedium exhibere per brevia 
 regis! "^"^ 
 
 The book called ' Diversite des Courtes,' thus referred to by Mr. 
 Stubbs, in his 15th chapter — which is of 'the system of estates, and 
 the constitution under Edward I' — is mentioned by Lord Coke as 
 "written in the reign of E. 3;"™ and by another learned writer as 
 ' writ in the time of H. 8.' "* Lord Campbell says : 
 
 "The first law book which treats of the judicial powers of the 
 Lord Chancellor, is the ' Diversity des Courtes,' written in the end of 
 the fifteenth or beginning of the sixteenth century.' "° 
 
 Which of these writers is least inaccurate, as to this matter, the 
 author of the present work does not now undertake to say.^°* 
 
 II. The Natio7ial Council as it had been before, compared with the 
 National Council as it remained at, the end of the reign of 
 Edw. I; the three bodies or estates of which the parliamentary 
 assembly consists; its power, not only of ta,xation and legisla- 
 tion, but in other matters which could not be redressed by ordinary 
 course of law. 
 
 " The National Council," as traced " through the reign of Henry 
 II, Richard I, and John, was an assembly of archbishops, bishops, 
 abbots, priors, earls, barons, knights and freeholders, holding in chief 
 of the crown."'"' — "The national council, as it existed at the end of 
 the reign of Edward I, was a parliamentary assembly, consisting of 
 three bodies, the clergy, represented by the bishops, deans, arch- 
 deacons and proctors; the baronage, spiritual and temporal; the 
 commons of the realm, represented by the knights of the shire, and 
 
 ™2 Stubbs's Const. Hist., ch. 15, pp. edi. (1846), p. 7, of Boston edi., 1874. 
 
 -268, 269, note 3. i»« He has not yet seen a copy of ' Di- 
 
 i»3 2 Inst., 552. varsity des Courtes' ; and does not know 
 
 1°* Legal Judic. in Ch., edi. 1727 ch. where one can be found in the United 
 
 4, p. 104. In /d., on p. io5j the note States. 
 
 refers to ' Diversity des Courts, edi. 1561, i'"2 Stubbs's Const. Hist., ch. IS, p. 
 
 p. 1040.' 194. 
 
 105 1 Lives of Chancellors, p. 8, of 2d 
 
■CH. XVII.] i2i6 TO 1307. 467 
 
 the elected citizens and burgesses, and in addition to all these, as 
 attendant on the king and summoned to give counsel, the justices and 
 other members of the continual council." '™ 
 
 In 1297, the confirmation of the charters recognized on the king's 
 part the exclusive right of the parliament to authorize taxation ; '"' 
 already the right. of the commons to a share in the taxing power of 
 parliament, was admitted."" 
 
 " It has been well remarked that whereas, for his political work, 
 Edward found himself obliged to obtain the cooperation of the three 
 estates,"^ his legislative work was done without the cooperation of 
 the commons, until, on the question of taxation, they had enforced 
 their right to be heard.'" — " The commons had now " (at least from 
 1307) "a share of the 'commune concilium regni,' which was indis- 
 pensable to the abrogation or amendment of a law." "' 
 
 The king " called together the assembly when and where he chose ; 
 the result of the deliberations was realized as his act; the laws 
 became valid by his expressed consent, and were enforced under his 
 commission and by his writ; his refusal stayed all proceedings, 
 whether legislative or executive." "* 
 
 The proclamation by which the parliament was called together 
 invited " all who had any grace to demand of the King in parliament, 
 
 ^"^Id. forth will we take such manner of aids, 
 
 109 « Y_ j-Qr sQ jnucli as divers people tasks nor prises but by the common as- 
 
 of our realm are in fear that the aids sent of the realm, and for the common 
 
 and tasks which they have given to us profit thereof, saving the ancient aids 
 
 before time towards our wars and other and prises due and accustomed." Select 
 
 business, of their own great and good Charters, p. 486. 
 
 will, howsoever they were made, might ""z Stubbs's Const. Hist., ch. 15, p. 
 
 turn to a bondage to them and their 244. 
 
 heirs, because they might be at another ^^^Id., p. 246 ; citing Shirly, Royal 
 
 time found in the rolls, and so likewise Letters, ii pref., xxii. 
 
 the prises taken thronghout the realm by "'2 Stubbs's Const. Hist., ch. 15, p. 
 
 our ministers, — we have granted for us 246. The statute quia emf tores was 
 
 and our heirs, that we shall not draw passed (in 1290) in a council at which 
 
 such aids, tasks nor prises into a custom, no representatives of the commons at- 
 
 for any thing that hath been done here- tended ; the statute of Carlisle was pub- 
 
 tofore, or that may be found by roll or in lished (in 1307) after deliberation, not 
 
 any other manner." only with the magnates, but with the 
 
 "VI. Moreover we have granted for ' communitates' oifoRnsSxa.. Jd,p, 246. 
 
 us and our heirs, as well as to arch- "'/</., p. 247. But the Commons never 
 
 bishops, bishops, abbots, priors and other participated in the trial of great offend- 
 
 folk of holy church, as also to earls, ers or the determination of great causes. 
 
 barons, and to all the commonalty of the Id., p. 248. 
 
 land, that for no business from hence- '"/</., p. 253. 
 
468 Review of Thirteenth Century [tit. iv 
 
 or any plaint to make of matters which could not be redressed or 
 determined by ordinary course of law, or who had been in any way 
 aggrieved by any of the King's ministers, or justices, or sheriffs, or 
 their baihffs, or any other officer, or have been unduly assessed,, 
 rated, charged or surcharged, to aids, subsidies or taxes," to deHver 
 their petitions to receivers who sat in the Great Hall of the palace 
 of Westminster."^ 
 
 12. Of institutions antecedent to the high court of parliament ; 
 especially of the ancient court and council of the king, which 
 ■was the parent of the House of Lords. Functions of the king's 
 council connected with judicature and legislation ; especially in 
 hearing suits and petitions. 
 
 There still remained, in varying strength, the several institutions 
 out of which the parliamentary constitution sprang; whose powers 
 it concentrated and regulated, but did not extinguish."" 
 
 "The high court of parliament had for one of its historical ante- 
 cedents, the ancient court and council of the king, which was as 
 certainly the parent of the house of lords, as the shire system was of 
 the house of commons." "' — " The political status of the " paliamentary 
 baronage "is thus defined by their successors: 'the hereditary peers 
 of the realm claim, i, in conjunction with the lords spiritual, certain 
 powers as the king's permanent council when not assembled in par- 
 liament ; 2, other powers, as lords of parliament, when assembled in 
 parliament, and acting in a judicial capacity; and, 3, certain other 
 powers. when assembled in parliament together with the commons of 
 the realm, appearing by their representatives in parliament, the whole 
 now forming under the king the legislature of the country.""^ 
 
 " Side by side with the growth of the power of parliament, grew " 
 "the power of the crown, exercised in and through the council.""' — 
 " From the accession of Henry III a council comes into prominence 
 which seems to contain the officers of state and of the household,, 
 the whole judicial staff, a number of bishops and barons, and other 
 members who, in default of any other official qualification, are simply 
 counsellors ; these formed a permanent, continual or resident council, 
 which might transact business from day to day, ready to hold special 
 sessions for special business, to attend the king in parliament and act 
 
 "5 Green's Short Hist., ch 4, § 2, p. ™Id., p. 254. 
 
 201 ; 1 Hist. Engl. Peop., book 3, ch. 4, "«/(/., p. 184; citing, Lords' Report^ 
 
 p. 360, of vol. I. i, 151. 
 
 "62 Stubbs's Const. Hist., ch. 15, pp. ™2 Stubbs's Const. Hist., ch. 15, p. 
 
 253, 254- 255. 
 
CH. XVII. J i2i6 TO 1307. 469 
 
 for him ; but the distinguishing feature of which was its permanent 
 employment in the business of the court." ^^° — "Edward's absence 
 from England, at his accession, left the power in the hands of his 
 father's advisers. He seems thus to have accepted the institution of 
 a council as a part of the general system of government, and what- 
 ever had been the stages of its growth, to have given it definiteness 
 and consistency. It is still uncertain whether the baronage generally 
 were not, if they chose to attend, members ex officio, but it is quite 
 clear that where no such qualification existed, members were qualified 
 by oath and summons.''™ 
 
 "Edward I, in the preamble of several of his statutes, some of 
 which were distinctly the result of deliberation in the general parlia- 
 ment, mentions the participation of the council as well as 'that of the 
 assembled estates." '"' 
 
 Adverting to the fact that the word council ' means several diifer- 
 ently organized bodies and the several occasions of their meeting,' 
 Mr. Stubbs thinks we may generalize thus : 
 
 " I. There was a permanent council attendant on the king and 
 advising him in all his sovereign acts, composed of bishops, barons, 
 judges and others, all sworn as counsellors ; and this council, sitting 
 in terminal courts, assisted the king in hearing suits and receiving 
 petitions. 2. In the parliaments of the three estates, from the year 
 
 '^"/rf., pp. 256, 257. are afterwards said to have consented. 
 
 '^^/fl?., p. 258. It seems to be a fair In other cases; however, the king en- 
 conclusion that ^the council " now con- acts, or ordains by his council, when 
 tained all the judges and officers of the the action of parliament is altogether 
 household, although the former at least unnoticed. The statute of Rageman is 
 would not be able to keep continual resi- ' accorded by the king and by his coun- 
 dence. At any rate it was as members cil;' the statute 'de Bigamis'' rehearses 
 of the royal council that the judges were, the names of a sort of committee of 
 from the year 1295, summoned to the councillors, in whose presence the draft 
 parliaments and great councils of the of it was read before it was confirmed 
 kingdom." Id., p. 258. by the king and the entire council. It 
 
 '^''■''Id., p. 264. " The first statute of wouM seem certain from this that the 
 
 Westminster was enacted' by the king king in his council made ordinances, 
 
 ^ar son conseil, and by the assent of the as by the advice of his council he 
 
 magnates and community : the statute enacted laws, with consent of parlia- 
 
 de religiosis is mzA& de consilio prcelato- ment." Id. Mr. Stubbs marks "the 
 
 rum comitum et aliorum fidelium regni end of the reign of Edward in England, 
 
 nostri de concilia nostra existentium ; the and the period of Philip the Fair in 
 
 statute of Acton-Bumell is an enactment France, as the point at which the two 
 
 by the king, par luy e far sun conseil a constitutions approximated more nearly 
 
 sun parlefnent. In such cases it seems than at any other in the middle ages." 
 
 impossible to understand by the canseil Id., p. 265. 
 merely the advice of the persons who 
 
470 Review of Thirteenth Century [tit. iv 
 
 1295 onwards, the judges and other legal members of this perma- 
 nent body, who did not possess the rights of baronage, were sum- 
 moned to advise the king. 3. In conjunction with the rest of the 
 prelates and baronage, and excluding the commons and the minor 
 clergy, the permanent council acted sometimes under the title of 
 magnum concilium.; and this name was occasionally given to assem- 
 blies in which the council and the estates met, which are only distin- 
 ■ guishable in small technical points from proper parliaments.'"^ 
 
 "Whilst the constitutional reforms of Edward I were gradually 
 taking their final shape, it is not surprising that some confusion 
 should arise between the functions of the king's council and those of 
 the nationaj council. In both we find the king legislating, judging, 
 deliberating and taxing or attempting to tax. If in the one he 
 enacted laws and in the other issued ordinances, if in the one he 
 asked for an aid and in the other imposed a tallage or negotiated the 
 concession of a custom, the ordinance and the statute differed litde 
 in application; the voluntary contribution and the arbitrary tallage 
 were demanded with equal cogency from the tax payer." — " In gen- 
 eral, it may be affirmed that for all business, whether it were such as 
 could be done by the king alone, or such as required the cooperation 
 of the nation, the action of the smaller circle of advisers was con- 
 tinually employed.""* 
 
 "The petitions, addressed to the king, or to the king and his 
 council, which are preserved in the early rolls of parliament, fur- 
 nished abundant work to the permanent council; and the special 
 parliaments were probably the solemn occasions on which they 
 were presented and discussed. These stated sessions were held by 
 Edward I at Hilarytide, Easter and Michaelmas, or at other times by 
 adjournment. At them were heard also the great placita or suits,, 
 which, arising between great men or in unprecedented cases, required 
 the judgment of the king himself""* — "The placita on these occa- 
 sions were either relegated to small bodies of auditors who reported 
 their opinion to the council, or were heard in the full council itself" ^ 
 
 7j. Especially of the court of chancery ; not only as offi-cina justiticB ; 
 but also in respect to the origin of its jurisdiction as a court of 
 
 equity. 
 
 « 
 
 In the Chancery are two courts, or rather two manners of power; 
 
 "3 /(/., p. 260. i^B/a-.^p. 262. Mr. Stubbs observes, 
 
 124 Id., p. 261. that, " Of the former sort, were the suits 
 
 125 "The general parliaments, which between the abbot of St. Augustine and 
 
 were of course much less frequent, were, the barons of Sandwich, in 1280, and 
 
 for the sake of convenience and econo- between the men of Yarmouth and the 
 
 my, usually called at times when the Cinque Ports in 1290, in which a small 
 
 council was in session ; a fact which has number of councillors were assigned as 
 
 increased the difficulty of distinguishing auditors ; of the latter was the claim of 
 
 the acts of the two bodies." lA., p. 262. Gilbert of Clare to the castle and town 
 
CH. XVII.] i2i6 TO 1307. 471 
 
 the one ordinary, wherein the proceedings are according to the laws 
 and statutes of the realm ; the other extraordinary, according to the 
 rules of equity, secundum aquum et bonum!'^'" 
 
 "The one, ordinary," was referred to when it was said "all original 
 writs are awarded out of the chancery by the chancellor." "* In more 
 than one place, Lord Coke speaks of the court of chancery as 
 'ojfficina justitice! "^ He was treating of 'Articuli super Chartas,' ch, 
 I (28 Edw. I), when he said, 
 
 "In 'those days not only orignal writs in regist.' cancellarim, but 
 all commandments upon any occasion for the safety of the realm, in 
 the good government thereof, were by writs, and passed under the 
 Great Seal."™ 
 
 "The court of chancery, as it is a court of equity, proceeding 
 secundum aquum et bonum, and not according to the rules and order 
 of law, is recent and modern," in comparison with "the law side.""' 
 
 Yet "the distance and obscurity of the matter" have been impedi- 
 ments, when it has been attempted to " enquire into the rise and pro- 
 gress of the course of equity, in the court of chancery.""^ 
 
 There have been opinions (and one who was, in 5 Geo. I, at the 
 bar, and afterwards one of England's greatest chancellors,'™ was apt 
 to believe a strict' search into antiquity might shew) that the jurisdic- 
 tion of the court of chancery as a court of equity took its rise from 
 the Great Seal. 
 
 "For" (he said) "the chancery being upon the division of the 
 King's courts, naturally the officina justitice, from which all original 
 writs issued, and where the subject was to come for remedy in all 
 cases, the chancellor was applied to in all cases for proper writs, 
 where the subject wanted a remedy for his rights or redress for 
 a wrong that has been done him. But, in the execution of this 
 authority, he was confined by the rules of the common law, and could 
 
 of Bristol, and the king's demand of a Plowd. 74; cited in Legal Judic. in Ch., 
 
 sentence against Llewelyn at- Michael- p. 21, of edi. 1727. 
 
 mas, 1276, both of which were heard i^' 2 Inst., 552 ; 4 /^., 80. 
 
 and decided in full council, composed of ^'"2 Inst., 552. 
 
 magnates, justices and others, whose '"Legal Judic. in Ch., ch. 2, p. 24, of 
 
 names are recorded." /aT., p. 262. edi. 1727. 
 
 "' Legal Judic. in Ch., p. 8, and p. 21, i^^ /^^^ p, 25. 
 
 of edi. 1727; citing 4 Inst., 79. "'Philip Yorke, who became Lord 
 
 •^6 Edw. VI, Wimhish v. Willoughby, Chancellor Hardwicke. 
 
472 Review of Thirteenth Century [tit. iv 
 
 award no writs but such as the common law warranted : Therefore 
 when such a case came before him, as was matter of trust, fraud or 
 accident (which are the subjects of an equity jurisdiction) the chan- 
 cellor could award no writ proper for the plaintiff's case ; because the 
 common law afforded no remedy. Upon this it is not improbable 
 that the" chancellors, who were most commonly churchmen, men of 
 conscience, when they found these cases grew numerous, in order to 
 prevent the suiters from being ruined against right and conscience, 
 and that no man might go away from the King's court without 
 some relief, summoned the parties before them, and partly by their 
 authority, and partly by their admonitions, laid it upon the conscience 
 of the wrong-doer to do right." ^^* 
 
 This argument of Philip Yorke is affected by the history of judica- 
 tion in parliament and the jurisdiction of the council, as related in the 
 two preceding sections (eleven and twelve.) Those sections, so far 
 as they show that in the constitution of the kingdom, the power of 
 justice, according to the rule of equity, was in the king as sovereign, 
 and administered by the king through his parliament or council, have 
 a material bearing upon the rise and progress of the administration 
 of equity in the court of chancery."' 
 
 " In the time of E. I, matters of grack were only determinable by 
 the King, or by such as he appointed, and not in any formed or 
 established court of equity.""" 
 
 "The method of applications for relief in those cases was by bills 
 or petitions to the King, sometimes in Parliament, sometimes out of 
 Parliament, commonly directed to him and his council; and the 
 granting them was not esteemed a matter of right, but of grace and 
 favour y'^^'' 
 
 The practice in early years of the reign of Edw. I, is shown by 
 
 '^^ Rex V. Hare &• Mann, i Str. 150; vol. I, ch. 2, p. 75. 
 " a remarkable cause of Sir Robert Wal- "5 j RqU. abr., tit. Chancery, p. 373 
 
 pole's," argued by Philip Yorke in 5 to 383; Jd., tit. Chancellor, p. 384; 
 
 Geo. I. Of this argument he says (in 4 Vin. abr., tit. Chancellor, p. 374 to 
 
 a letter to Lord Kaimes) : "It was made 378; Id., tit. Chancery, p. 378 to 448; 
 
 when I was a very young advocate, be- Bac. abr., tit. Court of Chancery, p. 447 
 
 fore I was Solicitor General, but it is to 455, of Lond. edi. 1832; Martin 
 
 correctly reported, for I remember Sir v. Marshal, ^c. Hob. 63 ; 2 Stubbs's 
 
 John Strange borrowed my papers to Const. Hist., ch. 14, p. 262-264, ch. 17, 
 
 transcribe, so that the faults in it are all p. 572. 
 
 my own." He mentions that he " had "« Legal Judic. in Ch., ch. 2, p. 28, of 
 
 not then seen yy Lord Hale's manu- edi. 1727. 
 script." Harris's Life of Hardwicke, "' Id., p. 26. 
 
CH. XVII.] i2i6 TO 1307. , 473 
 
 specimens (from records in the Tower) of petitions, with answers 
 -endorsed thereon."^ 
 
 The Chancellor had long been as a Baron of the Exchequer, and 
 as a leading member of the Curia in possession of judicial func- 
 tions."" In 5 Ed. I, there is " a writ of Privy Seal directed to the 
 Chancellor and the Master of the Rolls, endorsing a petition, and 
 requiring them to give such remedy as to them should appear to be 
 ■consonant to honesty." "° 
 
 "When a Parliament met, there were usually petitions of all sorts 
 and kinds preferred to the King, and the distinguishing of these peti- 
 tions, and, giving proper answers to them, occasioned a weight and 
 load of business, especially when parliaments sat but a few days;"'"^ 
 -and therefore was made, in 8 Edw. I, an ordinance. 
 
 Wherein it is recited " that the people who came to parliament 
 were often delayed and disturbed to the great grievance of them and 
 of the court by the multitude of petitions laid before the King, the 
 greatest part whereof might be dispatched by the Chancellor and 
 by the Justices : therefore it is provided that all the petitions which 
 concern the Seal shall come first to the Chancellor ; and those which 
 touch the Exchequer to the Exchequer; and those which concern 
 the Justices, and the law of the land, to the Justices; and those which 
 ■ concern the* Jews to the Justices for the Jews; and if the affairs are 
 so great, or if they are of Grace, that the Chancellor and others 
 cannot do it without the King, then they shall bring them with their 
 own hands before the King, to know his pleasure ; so that no peti- 
 tions shall come before the King and his Council but by the hands of 
 the said Chancellor and other chief ministers; so that the King and 
 his Council may, without the load of other business, attend the great 
 business of his Realm and of other foreign countries.""^ 
 
 This ordinance is remarked on by Lord Campbell,"' and Mr. 
 Stubbs;"* the latter saying, "At this period, then, the Chancellor, 
 
 "*i Campbell's Lives of Chancellors, 107, 108. 
 
 end of ch. II, pp. 189, 190, of second "^Ry ley's Placita Parliamentaria, 
 
 Lond. edi. (1846.) p. 442; cited in Legal Judic, ch. 2 
 
 "9 2 Stubbs's Const. Hist., ch. 15, pp. 27, 28, of edi. 1727. 
 
 p. 234. ^*' In I Lives of the Chancellors, at 
 
 ""i Campbell's Lives of the Chancel- the end of ch. 11, p. 190, of 2d edi. 
 
 lors, end of ch. 11, p. 190, of 2d edi. (1846.) 
 
 {1846.) i*'2 Stubbs's Const. Hist., ch. 15, 
 
 1*1 I^egal Judicature, ch. 2, pp. 26, 27, pp. 262, 263, and p. 268. 
 of edi. 1727; Hardy's Close Rolls, pp. 
 
474 
 
 Review of Thirteenth Century 
 
 [tit. IV 
 
 although employed in equity, had ministerial functions only." '** The 
 practice between 8 Edw. I, and 21 Edw. I, is indicated by the sub- 
 joined cases."^ 
 
 " Since the fall of the great justiciar, the chancellor was in dignity,, 
 as well as in power and influence, second to the king. Robert Bur- 
 nell was the first great chancellor, as Hubert de Burgh was the last 
 great justiciar.""' 
 
 Burnell's successor (^John de Langton) immediately upon his 
 appointment (in December, 1292) published an ordinance in the 
 king's name for the more regular dispatch 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." ^^ 
 
 After this ordinance were the subjoined cases."^ The separate 
 
 i«/(/., p. 268. 
 
 i*^In Campbell's Lives of the Chan- 
 cellors, ch. II, p. 190, of 2d edi. (1846.) 
 
 " 18 Ed. I. Convents of London pray 
 the King to appoint a skilful custos over 
 them. 
 
 Resp. ' Preceptum est Cancellario 
 quod provideat de idoneo custode.' 
 
 18 Ed. I. The king's tenants of 
 Aulton complain that Adam Gordon 
 ejected them from their pasture con- 
 trary to the tenor of the King's writ. 
 
 Resp. ' Veniant partes coram Can- 
 cellar, et ostendat ei Adam quare ipsos 
 ejecit et fiat eis justitia.' 
 
 1 8 Ed. I. The men of Grendon 
 complain to the King, &c. 
 
 Resp. ' Cancellar. vocat justic. pro- 
 videat eis remedium et aliis in hoc casu 
 perpetuo duratur.' " 
 
 "'2 Stubbs's Const. Hist., ch. 15, 
 p. 269. 
 
 1*8 1 Campbell's Lives of the Chan- 
 cellors, ch. II, p. 177, of edi. 1846, and 
 p. 170, of Boston edi. 1874; citing 
 
 clause 21, Edw. I, M. 7. The same 
 clause and Ryley, Pleadings, p. 459, are 
 cited in 2 Stubbs's Const. Hist., ch. 15, 
 p. 263. 
 
 "' In Campbell's Lives of the Chan- 
 cellors, ch. II, p. igo, of 2d edi. (1846.) 
 
 " 33 Ed. I. Petition concerning con- 
 cealment of dower. 
 
 Resp. ' Veniant coram cancellario et 
 respondeant Regi de concelamento et 
 ibi fiat remedium tam pro Rege quam 
 pro petente.' 
 
 33 Ed. I. Petition of the clerks and 
 caiionsof the free chapel in the castle 
 of Hastings, disputing the claim of 
 ordinary jurisdiction by the archbishop 
 of Canterbury. 
 
 Resp. ' Ita responsum est. Vocetur 
 coram Cancellario et audiatur ille qui 
 sequitur pro Rege.' 
 
 35 Ed. I. Petition of Henry Gare 
 and others. 
 
 ' In responsum est. Qura testatum est 
 per Cancellar. et clericos Cancellar. 
 quod quando, &c,' " 
 
CH. xvii.] 1216 TO 1307. 475 
 
 powers of the chancellor, though they may not have been 'thoroughly 
 established' at so early a date as Mr. Green seems to suppose/™ yet 
 became established before or about the end of the fourteenth cen- 
 tury, and will be noticed in chapter 21. 
 
 14. Of Great men in the thirteenth century ; to whom credit is due 
 for the constitution that emerges from, the struggle in this cen- 
 tury ; of kings and ministers; the bar cms, clergy and people. 
 
 "The thirteenth century was a period unparalleled in medieval his- 
 tory for brilliancy and fertility. It abounded with great men, — kings, 
 statesmen and scholars." — "The long reign of Henry III extends 
 over more than one-half of this wonderful age.""^ 
 
 "Little as can be said for Henry III himself, there was much vital- 
 ity and even administrative genius in the system of government 
 during his reign. Local institutions flourished, although the central 
 government languished under him. Some of his bad ministers were 
 among the best lawyers of the age. Steven Seagrave, the successor 
 of Hubert de Burgh, was regarded by Bracton as a judge of con- 
 summate authority;'** Robert Bumell and Walter de Merton, old 
 servants of Henry, left names scarcely less remarkable in their own 
 line of work than those of Grosseteste and Cantilupe." '°^ 
 
 "No doubt these men had much to do With Edward's early 
 reforms. We can trace the removal of Burnell's influence in the 
 more peremptory attitude which the king assumed after his death;. 
 and the statesmanship of the latter years of the reign is coloured by 
 the faithful but less enlightened policy of Walter Langton. But not- 
 withstanding all this, the marks of Edward's constitutional policy are 
 so distinct as to be accounted for only by his own continual intelli- 
 gent supervision." '" 
 
 150 Green's Hist, of Engl. Peop., book i^s j^., p. 294. 
 
 3, ch. 4, pp. 327, 328, of vol. I. ^^ Id., p. 294. "If his policy had 
 
 '51 Select Charters, part vi, p. 307. been only Burnell's, it must have changed 
 
 15^2 Stubbs's Const. Hist,,- ch. 15, when circumstances changed after Bur- 
 
 p. 294. Mr. Stubbs notes " that Brae- nell's death, as that of Henry VIII 
 
 ton, although himself clearly a constitu- changed when Cromwell succeeded 
 
 tional thinker, gives the preference in Wolsey ; but the removal of the minister 
 
 almost all cases to the decisions of only sharpens the edge of Ihe king's 
 
 Stephen Segrave, the justiciar of Henry zeal. His policy, whoever were his 
 
 III, who supplanted Herbert de Burgh, advisors, is uniform and progressive, 
 
 and was practically a tool of the foreign That he was both well acquainted with 
 
 party." Mr. Stubbs considers it " clear the machinery of administration, and 
 
 that Segrave, although a bad minister, possessed of constructive ability, is 
 
 was a first rate lawyer." Id., p. 190, shown by the constitutions which he 
 
 note 3. ' drew up for Wales and Scotland : both. 
 
476 Review of Thirteenth Century [tit. iv 
 
 Still, "on a review of the circumstances of the great struggle 
 which forms the history of England during the thirteenth century," 
 " It is not easy to assign to the several combatants, or the several 
 workers, their due share in the result. The king occupies the first 
 place in the annals; the clergy appear best in the documentary 
 evidence, for they could tell their own tale; the barons take the lead 
 in action ; the people are chiefly conspicuous in suffering." — " We 
 can scarcely doubt that Edward had a definite idea of government 
 before his eyes, or that that idea was successful because it approved 
 itself to the genius and grew out of the habits of the people." He 
 "saw, in fact, what the nation was capable of, and adapted his consti- 
 tutional reforms to that capacity."'""— Of his design "the period of 
 development is the period of the organic laws from 1275 to 1290." — 
 " Granted that he had in view the strengthening of the royal power, 
 it was the royal power in and through the united nation, not as against 
 it, that he designed to strengthen." — "And a people, to be united 
 must possess a balanced constitution, in which no class pos- 
 sesses absolute and independent power, none is powerful 
 enough to oppress without remedy." — Up to the year 1295, 
 Edward's "laws were directed to the limitation of baronial pretensions, 
 to the definition of ecclesiastical claims, to the remedy of popular 
 wrongs and sufferings. The peculiar line of his reforms, the ever per- 
 ceptible intention of placing each member of the body politic in direct 
 and immediate relation with the royal power, injustice, in war, and in 
 taxation, seems to reach its fulfilment in the creation of the parlia- 
 ment of 1295, containing clergy and people by symmetrical repre- 
 sentation, and a basonage limited and defined in a distinct system of 
 summons." We have now " the result of a governing policy exer- 
 cised on a growing subject matter. There is no reason to suppose 
 that at the beginning of his reign Edward had conceived the design 
 which he completed in 1295, or that in 1295 he contemplated the 
 results that arose in 1297 and 1301. There was a development coop- 
 erating with the unfolding design. The nation, on whom and by 
 whom he was working, had now become a consolidated people, 
 aroused by the lessons of his father's reign to the intelligent appreci- 
 ation of their own condition, and attached to their own laws and cus- 
 toms, with a steady though not unreasoning affection, jealous of their 
 privileges, their charters, their local customs, unwilling that the laws 
 of England should be changed. The reign of Henry III, and the 
 first twenty years of Edward, prove the increasing capacity for self- 
 government, as well as the increased desire and understanding of the 
 idea of self-government ; " — "the nation was becoming capable and 
 
 bear the impress of his own hand." an intelligent development of well 
 
 /</., pp. 294, 295. His legislation "is ascertained and accepted principles, 
 
 not the mere registration of unconnected timed and formed by a policy of general 
 
 amendments forced on by the improve- government." Id., p. 295. 
 
 ment of legal knowledge, nor the inno- '^^ 2 Stubbs's Const. Hist., ch. 15, 
 
 vating design of a man who imagines p. 290. 
 
 iimself to have fi. genius for law; but 
 
CH. XVII.] i2i6 TO 1307. 47T 
 
 desirous of constitutional action." — Edward " was successful becatise 
 he built on the habits and wishes and strength of the nation, whose 
 habits, wishes and strength he had learned to interpret." "^° 
 
 "But the close union of 1295 was followed by the compulsion of 
 1297: out of the organic completeness of ;the constitution sprang the 
 power of resistance, and out of the resistance the victory of the prin- 
 ciples, which Edward might guide, but which he failed to coerce. 
 With the former date then the period closes, during which the royal 
 design and the national development work in parallel lines or in 
 combination; henceforth the progress, so far as it lies within the 
 compass of the reign, is the resultant of two forces differing in 
 direcdon.""' 
 
 " It may be fairly granted that the constitution, as it ultimately 
 emerged, may not have been that which Edward would have chosen. 
 Strong in will, self-reliant, confident of his own good will towards his 
 people, he would have no doubt preferred to retain in his own hands 
 and in those of his council the work of legislation, and probably that 
 of political deliberation, while his sense of justice would have left the 
 ordinary voting of taxation to the parliament, as he construed it in 
 1295 out of the three estates."'^* — "The importance actually re- 
 tained by the council in all the branches of administration proves 
 that a simple parliamentary constitution would not have recom- 
 mended itself to Edward's own mind. On the other hand, his policy 
 was far more than one of expediency. It was diverted from its origi- 
 nal line, no doubt by unforeseen difficulties. "Edward intended to be 
 wholly and fully a king, and he struggled for power. For twenty 
 years he acted in the spirit of a supreme lawgiver, admitting only 
 the council and the baronage to give their advice and consent. Then 
 political troubles arose and financial troubles. The financial exi- 
 gencies suggested, rather than forced, a new step, and the commons 
 were called to parliament. In calling them, he not only enunciated 
 the great principle of national solidarity, but based the new measure 
 on the most ancient local institutions. He did not choose the occa- 
 sion, but he chose the best means of meeting the occasion consonant 
 with the habits of the people. ' And when he had taken the step he 
 did not retrace it. He regarded it as a part of a new compact, that 
 faith and honour forbad him to retract. And so on in the rest of his 
 work. He kept his word, and strengthened every part of the new 
 fabric by his own adhesion to its plan, not only from the sense of 
 honour, but because he felt that he had done the best thing. Thus 
 his work was crowned with the success that patience, wisdom and 
 faith amply deserve, and his share in the result is that of the direction 
 of national growth and adaptation of the means and design of 
 government to the consolidation and conscious exercise of national 
 
 '^^ Id., p. 291 to 293. that embodied by the statement of par- 
 
 '^'/(/., p. 293. liament in 1322, or enunciated by Ed- 
 
 '^7^., p. 295. "Such a constitution ward himself in his answer to the pope." 
 
 might have been more like that adopted Id., pp. 295, 296. 
 
 by Philip, the Fair, in 1302, than like 
 
478 Review of Thirteenth Century [tit. iv 
 
 strength. He saw what was best for his age and people; he led the 
 way and kept faith." "' 
 
 In the reign of Henry III, "the great earl of Leicester™ appears 
 in different aspects at different parts of his career, and the great 
 merit of his statesmanship is adaptative rather than originative: what 
 he originates perishes; what he adapts survives. In the earlier 
 period the younger Marshalls lead the opposition to the crown, partly 
 from personal fears and jealousies, but mainly on the principles of 
 Runny mede ; they perish, however, before the battle. The earl of 
 Chester, the strongest bulwark of the royal power, is also its sharpest 
 critic, and when his own rights are infringed, its most independent 
 opponent ; his policy is not that of the nation, but of the great feudal 
 prince of past times. The earls of Gloucester, father and son, neither 
 of them gifted with genius, try to play a part that genius only could 
 make successful ; like Chester, conscious of their feudal pretensions, 
 like the Marshalls, ready to avail themselves of constitutional prin- 
 ciple to thwart the king or to overthrow his favourites. In their eyes 
 the constitutional struggle was a party contest: should the English 
 baronage or the foreign courtiers direct the royal councils. There 
 was no politic or patriotic zeal to create in the national parliament a 
 properly-balanced counterpoise to royal power. Hence when the 
 favourites were banished, the Gloucesters took the king's side; when 
 the foreigners returned they were in opposition. They may have 
 credit for an unenlightened but true idea that England was for the 
 English, but oh condition that the English should follow their lead. 
 
 ''' Id., p. 296. " He appears to great liberty of his enemies, or to raise the 
 
 advantage even by the side of the great privileges of his friends ; S. Lewis legis- 
 
 kings of his own country. Alfonso, the lates for the love of his people and for 
 
 Wise, is a speculator and a dreamer by the love of justice, but neither he nor 
 
 the side of his practical wisdom ; Frede- his people see the way to reconcile free- 
 
 riok II, a powerful and enlightened self- dom with authority. These contrasts are 
 
 seeker, in contrast with Edward's labo- true, if applied to the Mainzer-recht or 
 
 rious self-constraint for the good of his the Constitutions of Peter de Vineis, the 
 
 people. S. Lewis, who alone stands on Establishments of S. Lewis or the Siete 
 
 his level as a patriot prince, falls below Partidas. Not one of these men both 
 
 him in power and opportunity of great- saw and did the best thing in the best 
 
 ness. Philip, the Fair, may be as great way; and not one of them founded or 
 
 in constructive power, but he constructs consolidated a great power.'' Id., 
 
 only a fabric of absolutism. The legis- pp. 296, 297. 
 
 lation of Alfonso is the work of an inno- !«> Simon de Montfort, earl of Lei- 
 
 vator, who having laid hold on what cester, married Eleanor, sister of Henry 
 
 seems absolute perfection of law, accepts III, and of Richard of Cornwall, and 
 
 it without examining how far it is fit for widow of William Marshall. 2 Stubbs's 
 
 his people, and finds it thrown back on Const. Hist., ch. 14, p, 55 ; i Cunning- 
 
 his hands. Frederick legislates for the ham's Lives of Eminent Englishmen, 
 
 occasion; in Germany, to balance op- Glasgow, edi. 1838, pp. 224, 225, 226. 
 posing factions; in Italy, to crush the 
 
•CH. XVII.] i2i6 TO 1307. 479 
 
 They have the credit of mediating between the English parties, and 
 taking care that neither entirely crushed the other. Further, it would 
 seem absurd to ascribe to the Gloucesters any statesmanlike ability 
 ■corresponding to their great position. The younger earl, the Gilbert 
 of Edward I's reign, is bold and honest, but erratic and self-con- 
 fident, interesting, rather personally than politically. To Leicester 
 alone of the barons can any constructive genius be ascribed ; and, as 
 we have seen, owing to the difficulty of determining where his uncon- 
 trolled action begins and ends, we cannot define his share in the suc- 
 cessive schemes which he helped to sustain. That he possessed both 
 constructive power and a true zeal for justice cannot be denied. 
 That with all his popularity he understood the nation, or they him, is 
 much more questionable; and hence his greatest work, the parlia- 
 ment of 1265, wants that difect relation to the national system which 
 the constitution of 1295 possesses. In the aspect of a popular 
 champion, the favourite of the people and the clergy, Simon loses 
 sight of the balance of the constitution ; an alien, he is the foe of 
 aliens ; owing his real importance to his English earldom, he all but 
 banishes the baronage from his councils. He is the genms, the hero 
 of romance, saved by his good faith and righteous zeal. Bohun and 
 Bigod, the heroes of 1297, are but degenerate sons of mighty fathers; 
 greater in their opportunity than in their patriotism ; but their action 
 testifies to a traditional alliance between barons and people, and 
 recalls the resistance made with better reason and in better company 
 by their forefathers to the tyranny of John." — " On the whole, how- 
 ever, it must be granted" as to the baronage, " that while the main- 
 spring of their opposition to Henry and Edward must often be 
 sought in their own class interests, they betray no jealousy of popular 
 liberty, they do nftt object to share with the commons the advantages 
 that their resistence has gained, they aspire to lead rather than to 
 drive the nation ; they see, if they do not fully realize, the unity of 
 the -national interest whenever and wherever it is threatened by the 
 
 The thirteenth century is the golden age of English churchmanship. 
 The age that produced one Simon among the earls, produced among 
 the bishops Stephen Langton,"'' S. Edmund,^*^ Grosseteste,^"* and the 
 Cantilupes."' The charter of Runnymede was drawn under Lang- 
 
 "^2 Stubbs's Const. Hist., ch. 15, coin, is spoken of in 2 ii/., pp. 57, 62, 
 
 p. 297 to 299. 66, 67, 72, 73 ; 2 Fuller's Worthies, edi. 
 
 162 £ Hume's Engl., N. Y. edi. 1851, 1840, pp. 163, 164; and in i Cunning- 
 
 pp. 409, 416, 421, 422, 424, 425,435.; ham's Lives of Eminent Englishmen, 
 
 I Cunningham's Lives of Eminent edi. 1S38, pp. 262, 263 and 264. 
 
 Englishmen, Glasgow, edi. 1838, pp. 260, 1*6 Walter de Cantilupe, bishop of 
 
 261, 262. Worcester, and his nephew, Thomas de 
 
 1^ Edmund Rich made primate in Cantilupe, bishop of Hereford, are men- 
 
 1234, as spoken of in 2 Stubbs's Const. tioned in Foss's Biogr. Jurid. ; and in 
 
 Hist., ch. 14, pp. 49, 51, 57; 3 Id., 305. 2 Stubbs's Const. Hist., pp. 62, 91, 294. 
 
 1* Robert Grosseteste, bishop of Lin- 
 
480 Review of Thirteenth Century [tit. i\r 
 
 ton's eye ; Grosseteste was the friend and adviser of the constitutional 
 opposition. Berksted, the episcopal member of the electoral trium- 
 virate, was the pupil of kS. Richard, of Chichester; >S. Edmund, of 
 Canterbury, was the adviser who compelled the first banishment of 
 the^ aliens; S. Thomas, of Cantilupe, the last canonized Englishman, 
 was the chancellor of the baronial regency. These men are not to 
 be judged by a standard framed on the experience of ages that were 
 then future." — "It was still regarded as an axiom that the priest- 
 hood which guided men to eternal life was a higher thing than the 
 royalty which guided the helm of the temporal state ; that the two 
 swords were to help each other, and the greatest privilege of the 
 state was to help the church. Religious liberty, as they understood 
 it, consisted largely in clerical immunity. But granting that princi- 
 ple — and until the following century, wheaa the teaching of Ockham> 
 and the Minorites, the claims of Boniface VIII, and their practical 
 refutation, the quarrel of Lewis of Bavaria and John XXII, the 
 schism in the papacy, and the teaching of Wycliffe, had opened the 
 eyes of Christendom, that principle was accepted — it is impossible 
 not to see, and ungenerous to refuse to acknowledge, the debt due to 
 men like Grosseteste. Grosseteste, the most learned, the most acute,, 
 the most holy man of his time, the most devoted to his spiritual 
 work, the most trusted teacher and confidant of princes, was at the 
 same time a most faithful servant of the Romish church. If he is to 
 be judged by his letters, his leading principle was the defence of 
 his flock. The forced intrusion of foreign priests, who had no sym- 
 pathy with the people, and knew neither their ways nor their lan- 
 guage, leads him to resist king and pope alike ; the depression of the 
 priesthood, whether by the placing of clergymen in secular office, or 
 by the impoverishment of ecclesiastical estates, oi* by the appoint- 
 ment of unqualified clerks to the care of souls, is the destruction of 
 religion among the laity. Taxes and tallages might be paid to 
 Rome when the pope needed it, but the destruction of the flock 
 by foreign pastors was not to be endured. It may seem strange 
 that the eyes of Grosseteste were not opened by the proceedings 
 of Innocent IV to the impossibility of reconciling the Roman claims 
 with his own dearest principles." ^^^ — "Certainly, as he grew older, 
 his attitude towards the pope became more hostile. But he had seen, 
 during a great part of his career, the papal influence employed on 
 the side of justice in the hands of Innocent III and Honorius III. 
 Grosseteste's attitude towards the papacy, however, was not one of 
 unintelligent submission. The words in which he expresses his idea 
 of papal authority bear a singular resemblance to those in which 
 Bracton maintains the idea of royal authority. The pope could do 
 no wrong, for if wrong were done by him, he was not acting as 
 pope. So the king, as a minister of God, can only do right ; if 
 he do wrong, he is acting, not as a king, but as a minister of the 
 
 ^^M, pp. 299, 300. "Possibly the or the belief that he was an infidel plot- 
 idea that Frederick II represented one ting against Christendom, influenced his 
 of the heads of the Apocalyptic Beast, mental perspicacity.'' /</., p. 300. 
 
CH. XVII.] i2i6 TO 1307. 481 
 
 devil. In each case the verbal quibble contains a verbal negation ; 
 and the writer admits, without identifying, a higher principle than 
 authority. But it is not as a merely ecclesiastical politician that he 
 should be regarded. He was the confidential friend of Simon de 
 Montfort and the tutor of his children. He was more than once the 
 spokesman of the constitutional party in parliament, and he was the 
 patron of the friars who at the time represented learning and 
 piety as well as the doctrines of civil independence in the universi- 
 ties and country at large. Bolder and more persevering than , S. 
 Edmund, he endured the same trials, but was a less conspicuous 
 object of attack and gained greater success. Grosseteste represents 
 a school of which S. Richard, of Chichester, and his disciple, Berk- 
 sted, with archbishops Kilwardby'*' and Peckham,'"^ were representa- 
 tives; a school part of whose teaching descended through the 
 Franciscans to Ockham and the Nominalists, and through them to 
 Wyckliffe. The baronial prelate was of another type. Walter of 
 Cantilupe no doubt, had his sympathies with the English baronage 
 as well as with the clergy, and was as hostile to the alien favourites of 
 the court as to the alien nominees of Rome. A man like Thomas of 
 Cantilupe united in a strong degree the leading principles of both 
 schools; he was a saint -hke Edmund, a politician like his uncle and 
 a bishop like Grosseteste. Another class, the ministerial prelate, 
 such as was bishop Raleigh,"' of Winchester, was forced into oppo- 
 sition to the crown rather by his personal ambitions or personal 
 experiences than by high principle: the intrusion of the foreigner 
 into the court and council was to him not merely the introduction of 
 foreign or lawless procedure, but the exclusion from the rewards 
 that faithful service had merited; and his feeling, as that of Becket 
 had been, was composed, to a large extent, of a sense of injury 
 amounting to vindictiveness. Yet even such men contributed to 
 the cause of freedom, if it were only by the legal skill, the love of 
 system, and ability for organization which they infused into the 
 party to which they adhered. The opposition of the English 
 clergy to the illegal aggressions of the crown in his father's reign 
 taught Edward I a great lesson of policy. He, at all events, con- 
 trived to secure the services of the best of the prelates on the side 
 of his government, and chose for his confidential servants men 
 who were fit to be rewarded with high spiritual preferment. The 
 career of Walter de Merton proves this ; another of his great min- 
 isters, bishop William of March, was, in popular esteem, a candi- 
 date for canonization and a faithful prime minister of the crown. 
 Walter de Langton, the minister of his later years, earned the 
 gratitude of the nation by his faithful attempts to keep the prince 
 of Wales in obedience to his father, and to prevent him taking 
 the line which finally destroyed him." Archbishop Winchelsey is 
 
 ^^' Mentioned in Id., pp. 105, 1 11, 197. wich and Winchester, who died at Tours 
 
 ^^ Id., pp. 112, 114, 197; 3 Fuller's in 1249, is mentioned in ch. 15, g 24, 
 
 Worthies, edi. 1840, p. 245. ante, p. 329, as well as in Foss's Biogr.' 
 
 169 William de Raleigh, bishop of Nor- Jurid. 
 
 31 
 
482 Review of Thirteenth Century. [tit. iv. 
 
 viewed as "an exceptional man, in a position, the exceptional 
 character of which must affect our judgments of both himself and 
 the king. If the necessities of the case excuse the one, they must 
 excuse the other. He also was a man of learning, industry and 
 piety, and if he did not play the part of a patriot as well as Lang- 
 ton had done, it must be remembered that he had Edward, and 
 not John, for an opponent, Boniface and not Innocent for his pope. 
 But on the whole perhaps the feeling of the English clergy in the 
 great struggle should be estimated rather by the behaviour of the 
 mass of the body than by the character of their leaders." ™ 
 
 " The action of the people is, to some extent, traceable in the acts 
 of the popular leader. Simon de Montfort possessed the confidence 
 of the commons : the knightly body threw itself into the 'arms of 
 Edward in 1259, when it was necessary to counteract the oligarchic 
 policy of the barons : the Londoners, the men of the Cinque Ports, 
 the citizens of the great towns, the universities, under the guidance of 
 the friars, were consistently on the side of liberty. But history has 
 preserved no great names or programmes of great design proceed- 
 ing from the third estate. Sir Robert Thwenge, the leader of the 
 anti-Roman league in 1232, and Thomas, son of Thomas, who led 
 the plebeians of London against the magnates, scarcely rise beyond 
 the reputation of local politicians. Brighter names, like that of 
 Richard Sward, the follower of Richard Marshall, are eclipsed by 
 the brilliance of their leaders. It was well that the barons and the 
 bishops should furnish the schemes of reform, and, most fortunate, 
 that barons and bishops were found to furnish such schemes as the 
 people could safely accept. The jealousy of class-privilege was 
 avoided, and personal influences helped to promote a general sym- 
 pathy. The real share of the commons in the reformed and re- 
 modelled constitution is proved by the success of its working, by the 
 growth of the third estate into power and capacity for political action, 
 through the discipline of the parliamentary system ; and the growth 
 of the parliamentary system itself is due to the faithful adhesion and 
 the growing intelligence of the third estate." '" 
 
 170(1 xhe remonstrances of the diocesan life of the universities, which, towards 
 
 and provincial councils are more out- the end of the century, were casting off 
 
 spoken than the letters of the bishops, the rule of the mendicant orders, and 
 
 and the faithfulness of the body of the influencing every class of the clergy, 
 
 clergy to the principles of freedom is both regular and secular, tended to the 
 
 more distinctly conspicuous than that of same end." Id., p. 300 to 303. 
 
 the episcopal politicians : the growing ^" Id., pp. 303, 304. 
 
CH. XVIII.] 1307 TO 1327. 483 
 
 Title V. 
 
 INSTITUTIONS OF ENGLAND FROM 1307 UNTIL 1399. 
 
 Chap. XVIII. — Institutions in the reign of Edward II — 1307 to 1327. 
 
 XIX. — Institutions in the reign of Edward III — 1327 to 1377. 
 
 XX. — Institutions in the reign of Richard II — 1377 to 1399. 
 
 XXI. — Review of the whole period — 1307 to 1399. 
 
 CHAPTER XVIII. 
 
 INSTITUTIONS IN THE REIGN OF EDWARD II— 1307 
 
 TO 1327. 
 
 J. Commencement of his reign. When and where the Great Seal 
 was delivered him by the chancellor, Baldock. Piers Gaveston 
 received with favour by the King ; fohn de Langton chancellor ; 
 Walter Reginald treasurer, in place of Walter de Langton; 
 Adam, de Osgodby continued as Master of the Rolls. Also of 
 the Chancellor of the Exchequer and officers of the wardrobe. 
 
 From the day following the death of Edward the first is the com- 
 pulation of the years of his son's reign.^ Commands of Edward 
 the second to send the Great Seal were received by the chancellor 
 {Ralph de Baldock) in London ; and the seal was delivered to the 
 
 king at Carlisle August 2? 
 
 ^ • « 
 
 'He received (in 1307) the homage Dumfries. 2 Stubbs's Const. Hist., ch. 
 
 and fealty of the English magnates at 16, p. 315. 
 
 Carlisle (July 20), and of the Scots at « Foss's Biogr. Jurid. 
 
484 Reign of Edward II [tit. v 
 
 Piers Gaveston (mentioned in ch. i6, § 24, p. 435) was unwilling 
 to remain in banishment. 
 
 " On the death of Edward the ist, he returned to England, and' 
 was received with great favour by King Edward the 2d, who made- 
 him" (August 6^) "Earl of Cornwall, constituted him his guardian 
 and lieutenant of the kingdom, for the better conservation of the 
 peace and quiet thereof while he should be beyond the seas, or 
 during his pleasure. And he gave him" other powers.* 
 
 August 22. The king removed Walter de Langton from the office 
 of treasurer,^ and appointed thereto his former tutor, Walter Regi- 
 nald'^ (or Raynald). In the same month John de Langton was 
 appointed chancellor.' 
 
 Like other brethren in the chancery, Adam de Osgodby, the keeper 
 of the Rolls, was an ecclesiastic ; he held the living of Gargrave in 
 Yorkshire. On November i, 1307, the king granted to him the 
 office of custos of the House of Converts, in Chancery Lane.^ 
 
 Mr. Foss's statement that John de Sandale was called from Scot- 
 land and constituted chancellor of the Exchequer, should be taken in 
 connection with what he says as to John de Benstede, chancellor of 
 the Exchequer (mentioned in ch. 16, § 25), and John de Drokens-^ 
 
 ' Life of Edw. II, in Harl. Miscel., occasioned great discontent, and many 
 
 vol. I, p. 93; 3 Lingard's Engl., ch. 4, contests between the King and his. 
 
 p. 284; 2 Turner's Engl., ch. 3, p. 127, barons. Id. 
 
 et seq.; I Mackintosh's Engl., ch. 4, p. ° 2 Stubbs's Const. Hist., p. 320,note4.. 
 
 232; 2 Stubbs's Const. Hist., ch. 16, ^This son of a baker at Windsor was 
 
 p. 320, note 3 ; Green's Short Hist., ch. bred to the church and brought under 
 
 4, \ 5, p. 225 ; Hist, of Engl. Peop., the notice of Edw. I, by whom he was. 
 
 book 4, ch. I, pp. 382, 383, of vol. I. appointed tutor to the prince, and from 
 
 *" Power to grant licenses of choosing whom he received, in 1298, the living of 
 
 pastors of cathedral and conventual Wimbledon; on the accession of Edw.. 
 
 churches; to take their fealties when II, Walter obtained a canonry in St. 
 
 elected and confirmed, and restore the Paul's. Foss's Biogr. Jurid. 
 
 temporalities ; to give prebends and ' Id. 
 
 vacant benefices, which were of his col- ^At first it was during pleasure; but 
 
 lection or presentation, and dispose of by a patent, in 7 Edw. II, it was secured 
 
 wardships and marriages which might to him for life. In 1377 the office was 
 
 happen in his absence." i State Tr. 21, permanently annexed to that of keeper 
 
 22. The King's partiality to Gaveston of the Rolls. Foss's Biogr. Jurid. 
 
CH. XVIII.] 1307 TO 1327. 485 
 
 /ord^ keeper of the wardrobe— that between them there seems to 
 have been in the first year of this reign, an exchange of offices. 
 Moreover it is stated that John de Sandale, " at the end of the year, 
 was one of those directed to instruct the sheriffs of London and Mid- 
 dlesex in arresting the Knights Templars." " 
 
 William de Meltov}^ was, on the accession of Edward II, appointed 
 comptroller of the royal wardrobe, and was afterwards advanced to 
 be keeper of that department. 
 
 2. Of the king in October, 130^, at the parliament of Northampton; 
 and at his father's burial at Westminster. Of the king's mar- 
 riage to Isabella of France, in fanuary, 1308 ; and the custody of 
 the Great Seal during his temporary absence. The king's coro- 
 ntiiion in February ; and the Great Council in the spring. The 
 course as to Piers Gaveston. 
 
 In October, 1307, from Northampton, where the three estates had 
 been summoned to meet on the 13th, the king went to JVestminster. 
 His father was buried there on the 27th." 
 
 To William de Melton, Comptroller of the Royal Wardrobe, the 
 Great Seal was delivered Jan. 21, 1308, to be carried abroad with the 
 king. Another seal was given to John de Langton, the chancellor, to 
 be used in England during the king's absence." 
 
 Edward, accompanied by his mother-in-law. Queen Marguerite, 
 
 'As an ecclesiastic he was now a p. 315. 
 
 canon in the cathedral of Wells, and a i' Which after the king's return was, 
 
 chaplain to the pope. He was elected in March, carried to the Exchequer by 
 
 next year bishop of Bath and Wells, and William de Melton, then bearing the 
 
 consecrated Nov. 9, 1309. Id. additional title of ' Secretarius Regis' 
 
 ^"Id. (Madoxi, 75.) Id. How the Seal was 
 
 " Supposed to have been a native of dealt with on the king's return, is stated 
 
 Melton, in Holderness. He was, in 28 in an entry on the rolls, the words of 
 
 Edw. I, parson of the parish of Rep- which are in i Campbell's Lives of the 
 
 ham, in Lincolnshire; in the next year Chancellors, ch. 12, in a note on p. 192, 
 
 ' our beloved clerk' was employed to pay of 2d edi. (1846), p. 183, of Boston edi. 
 
 the foot soldiers raised in Wales. It is 1874. 
 
 thought probable that he had been em- To William de Byrlay (Birlaco), a 
 
 ployed in the education of the king's clerk in the chancery, with two of his 
 
 son, who, at this time, was about 16 brethren, the Great Seal was entrusted, 
 
 years of age. Foss's Biogr. Jurid. in 1308, during the chancellor's tempo- 
 
 "2 Stubbs's Const. Hist., ch. 16, rary absence. Id. 
 
486 Reign of Edward II [tit. v 
 
 sailed, January 22, 1308, for France, to marry Isabella, daughter of 
 Philip the Fair. The marriage was in the cathedral of Boulogne, on 
 Jan. 25. The coronation was on Feb. 25. Gaveston, whom the king 
 had made regent during his visit to France, and who at Dover joined 
 the king and queen, was allowed to carry the crown at the corona- 
 tion." A great council of the magnates, which had been called for 
 March 3, was postponed for five weeks. When it met, on April 28, 
 Gaveston was the chief subject of discussion. 
 
 "His banishment was made known in letters patent of the iBth of 
 May ; the prelates, earls and barons had counselled it, the king had 
 granted it and promised that he would not frustrate the execution of 
 the order. A month later, having consoled himself in the meantime 
 by increased giftte to Gaveston, and having entreated the interposition 
 of the pope and the king of France in his favour, he made him 
 regent of Ireland. Before the end of the year he was scheming for 
 a recall.'* 
 
 J. Barons of the Exchequer on Edward's accession ; new appoint- 
 ments to Exchequer Bench until March, i3og. 
 
 On Edward's accession, William de Carleton was at the head of 
 those reappointed barons of the Exchequer ; Roger de Hegham was 
 reappointed ; '° John de Insula^'' Richard de Abyngdon and Humfrey 
 de Waledene^ were omitted. Thomas de Cantebrig^^ (Cambridge) 
 was appointed Sept. 16 (1307). After the appointment in November 
 
 " 2 Stubbs's Const. Hist., ch. 16, II, and 8 Edw. II, for Essex and Hert 
 
 p. 316 to 321 ; Miss Strickland's Queens ford. " In 13 Edw. II, he had an ex- 
 
 of England, vol. 2, p. 123 to 126. tensive grant of the stewardship of 
 
 '5 2 Stubbs's Const. Hist., ch. 14, various royal castles and manors in 
 
 p. 316 to 322. eleven counties — among which was the 
 
 i^He died in Jan. or Feb. 1309. park of Windsor — and of the auditorship 
 
 (2 Edw. II.) Id. of their accounts. He is mentioned 
 
 " He was still regularly summoned also as steward to the earl of Hertford, 
 
 with the judges to parliament, and in and seems to have been appointed at his 
 
 4 Edw. II, was placed at the head of desire one of the justices to take an 
 
 the justices of assize in the northern assize in which he was interested." He 
 
 counties. Id. was restored to the Exchequer Bench 
 
 18 "Although he was not one of the June 18, 1324. Id. 
 barons sworn in on the accession of i' Of the clerical profession. In 29 
 Edward II," yet he is found among the Edw. I, he was an o6Bcer in the Ex- 
 justices of Oyer and Terminer in 4 Edw. chequer. Id. 
 
CH. XVIII.J 
 
 1307 TO 1327. 
 
 48T 
 
 as barons of John BankwelP" (or Baukwell) on the loth, and of John 
 de Everdon^^ on the 28th,'" Richard de Abyngdon had, in 1307-8, on 
 Jan. 30, a special patent, constituting him a baron 'ita quod in eodem 
 scaccario habuit eundem locum quern habuit tempore domini Edwardi 
 quondum regis Anglice, patris regis nunc' ^ William de Carleton 
 on account of his long service, had, on Octo. 24, a special license 
 from the king to retire to his own house as often and as long as 
 his heaUh or private affairs should require, and to attend at the 
 Exchequer in his place when he should think fit.^*- On the same 
 day (Octo. 24) Thomas de Cantebrig had a patent authorizing him to 
 take the place of William, de Carleton, the senior baron, when he 
 was absent, and to sit next to him when he was present.''^ In 1309,. 
 on Feb. 28, John de Foxle ^^ was constituted a baron." 
 
 ™So called from a place (formerly 
 written Bankwell, but now Bankers,) at 
 Lee, in Kent. Besides this, he had 
 other property in the county. He was 
 appointed, in 1297, to perambulate the 
 forests of five counties, and acted next 
 year as a justice itinerant in Kent. It 
 is supposed that he died within a few 
 months after becoming a baron of the 
 Exchequer. Id. 
 
 ''An officer of the Exchequer, and, 
 like his fellows, of the clerical profession. 
 In 30 Edw. I, he was appointed to 
 superintend levying the fifteenth in the 
 counties of Oxford and Berks. Id. 
 
 ^ While a baron he frequently acted 
 as an assessor of taxes in the city of 
 London, and as a justice of Oyer and 
 Terminer in various counties. He was, 
 in 4 Edw. II, dean of the free chapel of 
 St. Peter, in Wolverhampton, and, in 9 
 Edw. II, lord of that township. He 
 held the chancellorship of Exeter from 
 May, 1308, till August, 1309, and was 
 afterwards a prebendary of Sarum, 
 which he exchanged, in 1323, for the 
 deanery of St. Paul's, London. He 
 continued a baron till 1322 or 1323; 
 died Jan. IJ, 1336, and was buried in the 
 church of St. Faith, under St. Paul's. Id. 
 
 M Foss's Biogr. Jurid. A salary of 40- 
 marks was attached to his office. Id. 
 
 '^^ He does not appear among jtistices 
 summoned to parliament beyond the 
 next Mai-ch. Id. 
 
 *^ A clear proof of the royal favour, as 
 there were then two barons in the court 
 senior to him in standing. He remained 
 in this place till July 17, 1310, when his 
 removal doubtless arose from his ser- 
 vices being more valuable in another 
 character, as during the time he held the 
 office, and for several years afterwards, 
 extending to 131 7, he was employed in 
 foreign negotiations. Id. 
 
 2^ He had, in i Edw. 2, custody of the 
 temporalities of the vacant abbey of 
 Westminster. Id. 
 
 ''' Besides performing his duties in that 
 court, he was frequently named in com- 
 missions, and appointed to take inquests 
 by the parliament, and called upon to 
 act as a justice of assize and of Oyer 
 and Terminer in the provinces as late as 
 17 Edw. II. He died in 18 Edw. II, 
 possessed of considerable property in 
 the counties of Hants, Berks and Buck- 
 ingham, part of which was granted to 
 him by the king. Id. 
 
488 
 
 Reign of Edward II 
 
 [tit. V 
 
 ^. Judges of King's Bench and Common Pleas on Edward's acces- 
 sion ; additions to or changes upon the bench until Novem- 
 ber, ijop. 
 
 On his accession Edward II immediately reappointed to the King's 
 Bench Roger le Brabazon as chief justice ; and Gilbert de Roubury, 
 William de Ormesby''^ and Henry Spigurnel'^ as the other judges. 
 
 To the Common Pleas he reappointed as chief justice Ralph de 
 Hengham; and as the other judges, William de Bereford, Peter 
 Mallore^" William Howardf^ Lambert de Trikingham^'^ and not 
 Henry de Guldefordf^ but Hervey de Staunton?^ 
 
 ^ Mr. Foss states that Ormesby was, 
 by a writ dated August 26, summoned 
 to attend the first parliament, and stands 
 in his proper place in the list ; and that 
 he was summoned to subsequent par- 
 liaments up to II Edw. II ; but con- 
 siders that he acted as a justice itinerant 
 during the latter part of his life, and 
 thinks it not unlikely that at the com- 
 mencement of the new reign he may 
 have been allowed to retire from the 
 heavier duties of the King's Bench to 
 his estates in Norfolk and Suffolk, in 
 which counties he was principally em- 
 ployed as a justice of assize. He died 
 about 1317, and was buried at the abbey 
 of St. Benet's, at Hulme, in Norfolk, to 
 which he was a benefactor. Biogr. 
 Jurid. 
 
 ^'In 4 Edw. II, he was one of the 
 king's nuncios to the council, and sent 
 to Rome on a special mission ; in 7 Edw. 
 II, he was summoned to undertake, with 
 the bishop of Worcester and three others, 
 an embassy beyond the seas. In the 
 performance of his duties he seems to 
 have been active till 19 Edw. II. Al- 
 though returned by the sheriff of Bed- 
 ford in 17 Edw. II, as a knight beyond 
 60 years of age and unfit for service, he 
 was acting in the next year as a justice 
 itinerant in the i^slands of Jersey and 
 Guernsey. He last appears as a judge 
 in the parliament of November, 1325 
 
 (19 Edw. II), but did not die till three 
 years afterwards. He lived at Kenil- 
 worth, and was (according to his re- 
 turn in 1316) lord or joint lord of 
 townships in the counties of Bedford, 
 Buckingham, Oxford and Northamp- 
 ton. He had also property in Essex 
 and Leicestershire. Id. 
 
 '"He died about July, 1310. Foss's 
 Biogr. Jurid. 
 
 81 He sat in this court during the 
 whole of the first and part of the second 
 year of the reign, to-wit: until about 
 Nov. 20, 1308. Mr. Foss mentions that 
 by his second marriage was a son, whose 
 descendant in the fifth generation mar- 
 ried Margaret, daughter of Thomas 
 Mowbray, duke of Norfolk; and their 
 son, John Howard, was summoned to 
 parliament as Baron Howard by Edw. 
 IV, in 1470, and was created Earl 
 Marshal and Duke of Norfolk by 
 Richard HI, in 1485, and is Shaks- 
 peare's 'Jockey of Norfolk.' Not only' 
 does this dukedom remain in the family, 
 but the earldoms of Suffolk and Berk- 
 shire, of Carlisle and of Effingham, and 
 the baronry of Howard of Walden, are 
 represented by descendants from the 
 same parentage. Id. 
 
 '^ Fines levied before him continued 
 till midsummer 1316 C9 Edw. H). Id. 
 
 ^ He continued to be employed to take 
 assizes and as a justice itinerant. He 
 
CH. XVIII.] 
 
 1307 TO 1327. 
 
 489 
 
 In 1308 William Howard^^ was succeeded, Nov. 27, by Henry le 
 Scrope^ In 1309, upon the death of Ralph de Henghamf^ William 
 de Bereford was raised (March 15) to the office of chief justice.'* 
 By commission of Sept. 29, William, de Bourne'^ (or Burne) was 
 added to this bench. Johyi de Benstede^" was constituted one of its 
 justices October 6." 
 
 died in the early part of 6 Edw. II. Id. 
 
 '*He performed the duties of this 
 office till Sept. 28, 1314 (8 Edw. II), 
 when he exchanged it for the place of a 
 baron of the Exchequer. Id. 
 
 '5 "Howard is described as c^?^ jus- 
 tice of Englalid on a window in the 
 church of Long Melford, in Suffolk, 
 where he is portrayed in his judge's 
 robes; but as this was not erected till 
 about the reign of Edw. IV, or of Hen. 
 VII, [Dugd. Orig., 44, 99.) and, there- 
 fore, nearly two hundred years after his 
 death, it cannot be accepted as authority 
 for a fact, of which no other evidence 
 appears." Foss's Biogr. Jurid. 
 
 ^ Eldest son and heir of Sir William 
 le Scrope, and Constance, his wife.. 
 Distinguished as a knight and a lawyer, 
 he appears as an advocate in the Year 
 Book of I Edw. II. Fines were levied 
 before him till Trin., 10 Edw. II; during 
 the same period he acted as a judge of 
 assize and on criminal commissions. 
 Foss's Biogr. Jurid. 
 
 ^' He was buried in St. Paul's cathe- 
 dral. In his epitaph he is called 'flas 
 Anglorum' and ' vir benedictus.' His 
 two works, ' Hengham Magna' and 
 ' Hengham Parva,' have been published 
 with editions of Fortescue de Laudibus 
 Legum Angliee. Id. Such editions are 
 mentioned, /M^, in ch. 29, g 3. 
 
 ''The last fine acknowledged before 
 him in that character is dated in 1326, 
 July, in which mouth he died. Id. 
 
 ''He seems to have been frequently 
 engaged in assizes in the country, prin- 
 cipally in the western counties. One of 
 
 these occasi(jps was, in 10 Edw. II, for 
 the trial of persons accused of con- 
 spiring to bring a false appeal of rob- 
 bery against John de Treiagu, with 
 whom (it is curious to find) he was in 
 the same year united in a commission 
 to enquire into transgressions alleged 
 against the taxors in Devonshire. In 12 
 Edw. II, he was appointed to perambu- 
 late the forests of Devon, and was com- 
 manded to cause all proceedings before 
 him, as a justice of assize or otherwise, 
 to be brought into the Exchequer, to be 
 estreated; in 14 Edw. II, a commission 
 into Guernsey, Jersey, &c., for the trial 
 of offences which had been directed to 
 him and another, but which had been 
 superseded, was, on the petition of the 
 inhabitants, renewed. Id. 
 
 *" Mentioned in ch. 16, | 25, p. 439, 
 and in this ch., § I, p. 484, as advanced 
 to the post of chancellor of the Ex- 
 chequer. Mr. Foss states that he re- 
 signed it in I Edw. II, when he be- 
 came keeper of the wardrobe (Madox 
 ii, 29) ; and that, in 2 Edw. II, he was 
 in the Scottish wars, and was sent with 
 Roger Savage to the King of France to 
 arrange a meeting between him and the 
 King of England. Biogr. Jurid. 
 
 " He was, in 8 Edw. II, sent on the 
 king's service to Scotland; in 10 Edw. 
 II, selected as an envoy to Rome on 
 Scottish affairs (which mission was 
 stopped); in 11 Edw. II, one of the 
 commissioners to treat for peace with 
 Robert de Brus; in 12 Edw. II, sent to 
 the papal court with the bishop of 
 Hereford and others to solicit for the 
 
490 Reign of Edward II [tit. v 
 
 5. Of persons who, though not justices of the bench, acted in a judi- 
 
 cial capacity in the early part of the reign of Edward II. 
 
 In the first two years of this reign fohn Randolph was summoned 
 to parhament among the judges; he was employed in a variety of 
 ways, in a judicial character.*''' Writs summoning Robert de Retford 
 to parliament in like manner continue till June, 1318, 11 Edw. II.*' 
 Others are mentioned as acting in a judicial capacity in the latter 
 part of the reign of Edw. I, and early part of that of Edw. II." 
 
 6. In ijop of parliament at Westminster, in April; and the statute- 
 
 of Stamford. In 1310, struggle for supremacy ; a commission 
 whereby Edward's authority was superseded. 
 
 The first General Assembly of the estates after October, 1307, was 
 April 27, 1309, at Westminster.*^ Then articles were presented 
 which the king was required to answer in the next parliament.*^ 
 
 The statute of Stamford, 3 Edw. II (1309), is for enforcing the law 
 on purveyance.*' After other provisions it concludes thus : 
 
 "And as to the other requests which the said good people have 
 made to the King, the King hath granted the same fully, and hath 
 
 canonization of Thomas de Cantilupe, the office of recorder of London for 
 
 chancellor and bishop of Hereford, in about a year in 1320 ; he continued 
 
 the reign of Henry III. Fines were during this reign to act as a justice of 
 
 levied before him till 1320. Id. assize, attending parliament with his 
 
 *^As late as" 13 Edw. II. Foss's brethren as late as 1326. Id. 
 Biogr. Jurid. William de Colneye was summoned to 
 
 ^ He exercised his functions not only the coronation of Edw. II, and to the 
 
 in the home district, but in Durham and next two parliaments, his place being 
 
 in Leicestershire, up to 9 Edw. II. Id. low among those of the legal profession. 
 
 **One of these is William Martin. He was returned as member for Nor- 
 In 4 Edw. II, a writ of inquiry was folk ; and was the last of three justices- 
 addressed to him ; in 9 Edw. II, he was of assize appointed, in 13 10, for that 
 justice of South Wales. He died in and four neighbouring countries. Id. 
 1325. Another is William de Mortimer. *SThen parliament passed the statute 
 He continued to act as a justice itin- "of the not taking undue prises from 
 erant, and to be summoned as such to ecclesiastical persons or others." I Stat, 
 parliament till 9 Edw. II. Id. of the Realm, 153. 
 
 Thomas de Fishebum acted as a jus- *^2 Stubbs's Const. Hist., ch. 16, 
 
 tice of assize until 10 Edw. II. Id. pp. 322, 323. 
 
 Geoffrey de Hertelpole -was, summoned "2 Stubbs's Const. Hist., ch. 16, 
 
 to the coronation of Edw. II, and held p. 325, note i. 
 
CH. xvm.] 1307 TO 1327. 491 
 
 charged his chancellor and his other officers that they do cause the 
 same to be firmly kept. And the King willeth that if any one find 
 himself aggrieved in any point contrary to the said ordinance, and 
 the said articles so by him granted, and will complain thereof, that 
 his chancellor do give him remedy by writ according to his case and 
 according to that which shall seem most expedient to be done." *^ 
 
 In disregard of adverse sentiment, the king's favorite had returned 
 to England in July, absolved by authority from Rome. On the 27th 
 of that month, the king, at Stamford, met an assembly of the barons, 
 which was E,egarded as representing the April parliament;*' discus- 
 sion of the great grievance was delayed until the following year. 
 
 Then " the barons presented themselves in full military array, and 
 Edward found that he must surrender at discretion. His affairs were 
 in much the same state as his grandfather's in the parliament of 
 1258." — "The council now assembled proceeded at once to renew 
 the struggle for supremacy which, in the previous century, had for 
 the time been decided by the battle of Evesham. This assembly 
 was strictly a council of the magnates ; the bishops, the earls and a 
 large number of barons were summoned, but neither the commons 
 nor the inferior clergy." 
 
 "Edward, willing, to consent to anything that might save Gaveston, 
 gave his formal consent, by letters patent of March 16, to the elec- 
 tion of a commission by which his own authority was to, be super- 
 seded until Mich., 1311."^° On the 20th of March the barons made 
 their election. Even on this point the proceedings of 1 258 served 
 as a precedent. The commons had no share in the matter;^' the 
 bishops elected two earls, the earls two bishops ; these four elected 
 two barons ; and the six electors added by cooptation, fifteen others, 
 the whole number being twenty-one." — "The ordainers took their 
 oath on the 20th of March in the Painted Chamber; foremost among 
 them was Archbishop Winchelsey, who saw himself supported by six 
 of his brethren, of whom " one was John Langton, bishop of Chi- 
 chester, the present chancellor, another was Ralph Baldock, bishop 
 
 ** I Stat, of the Realm, p. 156. lates, earls and barons ; and did also, by 
 
 *^7, Stubbs's Const. Hist., oh. i5, the same letters, grant to those who 
 
 p. 325. should be chosen "full power to order 
 
 ^2. Stubbs's Const. Hist., ch. i6, the state of our household and of our 
 
 P- 335 to 327. Subsequently when realm." i Stat, of the Realm, 156. 
 ordinances were passed, they recited '^Jd. (2 Stubbs), p. 327. Referring 
 
 that, on the i6th of March, in the 3d to Hallam's Middle Ages iii, 42, Mr. 
 
 year of the reign, the king did, by let- Stubbs says, " the details of the election 
 
 ters patent, grant to the prelates, earls show that Hallam was mistaken in sup- 
 
 and barons of the realm, that they posing that the commons cooperated."' 
 
 might choose certain persons of the pre- Id. (2 Stubbs), p. 327, note 2. 
 
492 
 
 Reign of Edward II 
 
 [tit. V 
 
 of London" and late chancellor, and another was John Salmon, 
 bishop of Norwich/' and a future chancellor. 
 
 " Gaveston, anticipating misfortune, had left the court in February. 
 Edward, as soon as the council broke up, put himself at the head of 
 his army, and marched against the Scots, leaving the earl of Lincoln 
 as regent."*' 
 
 7. The treasurer, from May 14, IJ08, until July 6, 1310. Chancel- 
 lorship resigned by John de Langton, May 11, 1310. As to 
 custody of the Great Seal until July 6, 1310. Then Walter de 
 Reginald took the offi.ce of the seal and was succeeded cls treas- 
 urer by John de Sandale. 
 
 Of Walter Reginald's predecessor as treasurer ( Walter de Lang- 
 ton, bishop of Lichfield and Coventry), a view different from that of 
 Lord Coke'"^ is taken by Mr. Foss. The latter says: 
 
 " He was turned out of his office, cast into prison, and a long list of 
 charges brought against him for malversation, which were directed to 
 be heard before William de Bereford, one of the judges. After a 
 long imprisonment at London, Wallingford and York, no proof 
 
 ^^ He commenced the erection of the 
 chapel of St. Mary in his cathedral, and 
 bequeathed a sum sufficient for its com- 
 pletion. He died at Stepney, July 24, 
 1313, and was buried in that chapel. 
 Among the works which he left was one 
 entitled ' Historia Anglia, or a History 
 of British Affairs, down to his own 
 time.' He also made ' a collection of 
 the Statutes and Constitutions of the 
 Church of St. Paul's.' Foss's Biogr. 
 Jurid. 
 
 *' Sometimes called John of Ely, hav- 
 ing been prior of the convent there. 
 While holding this dignity he was 
 elected bishop of Norwich, July 15, 
 1299. He visited Rome in 1306; and 
 on the accession of Edw. II, was one of 
 the ambassadors to France to ask for 
 Isabella (daughter of King Philip), as 
 the wife of his sovereign. Id. 
 
 ^Sept. I, 1310. 2 Stubbs's Const. 
 Hist., ch. 16, p. 328. On the death of 
 the earl of Lincoln, in Feb., 131 1, the 
 earl of Gloucester was appointed in his 
 
 place (March 4, 131 1). Id., p. 328, 
 note x. 
 
 ^^Lord Coke states, "that he was 
 judicially convicted in the first year of 
 King Edward the Second;" that "it 
 was before four of the principal judges of 
 the realm, and in effect upon his own 
 confession." Lord Coie, after mention- 
 ing ' corrupt and sordid bribery,' says 
 " all these briberies you may read in a 
 bundle of the records remaining in the 
 treasury.' He states that the same is 
 entitled, " Placita apud Winsor coram 
 Roberto de Brabazon, Will, de Bereford, ■ 
 Rogero de Heigham et Will. Inge justi- 
 ciariis, &^c., assignatis in cro' Sancti 
 Andra apostoli, anno regni regis E. 
 filii regis E.primo. Rot. 3, 8, 14.," &c. 
 Then using the words, "Servile est 
 espilationis crimen, sola innocentia 
 libera. Lord Coke concludes with the 
 position, that " Histories may safely be 
 believed when there is a record to war- 
 rant them." 2 Inst., 573. 
 
CH. xviii.J 1307 TO 1327. 493 
 
 could be brought against him, and he was absolved by the court in 
 Octo., 1308. In 131 1 he was again imprisoned on a charge of homi- 
 cide, but again succeeded in confounding his accusers." °° 
 
 Walter Reginald having become bishop of Worcester in April, 
 1308, John de Sandate appears to have been locum tenens for him as 
 treasurer, May 14, 1308, and afterwards till July 6, 1310." 
 
 In 1:^0, John de Langton, bishop of Chichester, resigned the chan- 
 cellorship May 11.^' The Great Seal from that day to July 6, was in 
 the wardrobe under the seals of William de Melton, comptroller of the 
 wardrobe, and two of the clerks of the chancery.'" Of Ingelard de 
 Warlee^ Mr. Foss says : 
 
 " Sir T. D. Hardy has introduced him as keeper of the Great Seal 
 on May 11, 1310 (3 Edw. I), because on the resignation of the chan- 
 cellor on that day, the king delivered it to him to be kept in the 
 wardrobe. He was then keeper of that department, in which, during 
 any vacaitcy, the seal was ordinarily deposited mejely for safe cus- 
 tody. It so remained on this occasion only till the next day, when it 
 was delivered to certain clerks of the chancery, to perform the duties, 
 and afterwards re-deposited there. Ingelard de Warlee continued 
 keeper of the wardrobe till the eighth year of that reign." *^ 
 
 In 1310, on July 6, Walter Reginald (or Raynald,) resigning the 
 
 ^Foss's Biogr. Jurid. ^' Id. upon him. He was made a canon of 
 
 ^ As bishop of Chichester, he presided York, dean of St. Martin's, London, 
 
 over his diocese during the remainder of archdeacon of Barnstaple, provost of 
 
 the reign of Edw. II, and for the first Beverley, and was elected archbishop of 
 
 ten years of the next reign. He was York, Jan. 21, 1316, but was obliged to 
 
 resolute in the performance of his func- wait more than two years for his conse- 
 
 tions: "of a great spirit;'' he "feared cration. Toss's Biogr. Jurid. 
 
 not the face of great men in that ^'Of the clerical profession, and 
 
 •dangerous time to do that which he procurator for the archdeacon of Wor- 
 
 ought." He died in 1337, June 17, or cester in the parliament of 35 Edw. I. 
 
 July '19. 2 Inst., 53; Foss's Biogr. Id. 
 
 Jurid. ^Id. William de Herlaston, in 6 
 
 ™ Foss's Biogr. Jurid. The king's Edw. II, accompanied the king abroad 
 
 confidence in Melton is apparent, from in the train of Ingelard de Warlee, 
 
 numerous royal mandates, countersigned keeper of the wardrobe, and soon after- 
 
 ' Nunciante W. de Melton^ from his wards became a clerk in the chancery, 
 
 being employed on an embassy to France, and was parson of the church of ' Est- 
 
 and from his being raised to the office of wode, near Reylegh;' and in July, 1319, 
 
 keeper of the wardrobe. During this had a grant of the prebend of Carnwyth 
 
 time ecclesiastical honors flowed rapidly in the church of Glasgow.' Id. 
 
494 Reign of Edward II [tit. v 
 
 treasurership, John de Sandale was placed in this office, and the 
 Great Seal was placed in the hands of Walter Reginald!''^ From 
 the terms of the record, of this event, it might be doubtful whether he 
 ■was invested with the office of chancellor or with that of keeper; 
 but in subsequent records, he is called chancello"r.^ 
 
 8. Six ordinarmes confirmed by the king in August ijio. The same 
 six, and additional ordinances, 'enacted by the Parliament of 
 August 1311. Purport of the m,ost important. 
 
 " Six ordinances had been published and confirmed by the king as 
 early as August 2, 1310. By these, provision was made for I, the 
 privileges of the church; II, the maintenance of the peace, and VI, 
 the observance of the charters ; III, no gifts were to be made by the 
 king without the consent" (of a certain number) "of the ordainers; 
 IV, the customs which the king was allowed to collect, notwithstand- 
 ing their questionable legality, were to be collected by native officers, 
 and to be paid into the Exchequer, that the king might live of his X)wn ; 
 and V, the foreign merchants who had been employed to receive the 
 customs since the beginning of the reign were to be arrested and 
 compelled to give an account of their receipts." " 
 
 In 1311, these and other ordinances vtere reported to a parliament 
 of the three estates at Blackfriars, London, in August. The assembly 
 had been sometime waiting for the king when he came to London 
 about the end of August. The king after "humbly entreaty that his 
 ' brother Piers ' might be forgiven, was obliged by the urgent appeal 
 
 *^2 Stubbs's Const. Hist., ch. 16, in fact at that time in possession of the 
 
 p. 328. Mr. Stubbs mentions that these government and the royal purse : an 
 
 appointments were made without the order, indeed, for the repayment of 
 
 consent of the ordainers. Id., p. 329, nearly one-half of it was made so early ' 
 
 note I. as May i, 131 1." Biogr. Jurid. 
 
 8s (Madox ii, 38, 48.) Mr. Fosssays: «*2 Stubbs's Const. Hist., ch. 16, 
 
 *' Soon after his appointment he lent p. 329. According to the 6th, briefly 
 
 ;^l,ooo to the king, to the advance of mentioned above, the great charter was 
 
 which has been attributed, without to be kept in such manner, that if there 
 
 sufficient evidence, his attainment of be therein any point obscure or doubt- 
 
 the Seal; but as the loan was made ful, it should be declared by the or- 
 
 after his elevation, it may more chari- dainers and others whom they will for 
 
 tably be ascribed to his desire to assist that purpose call to them, i Stat, of 
 
 the king in the necessities which then the Realm, 158. 
 pressed upon him ; the ordainers being 
 
■CH. xviii.] 1307 TO 1327. 495 
 
 of the council to yield " assent to the ordinances.** They were pub- 
 lished in the church-yard at St. Paul's, London, on the 5th of Octo- 
 ber, and were required to be put under the Great Seal and sent into 
 ■every county of England to be published, holden and firmly kept. 
 They are in 41 chapters,** of which the first six are those mentioned 
 in the preceding paragraph. The other chapters embrace the fol- 
 lowing : 
 
 • 
 
 IX. That the king " shall not go out of his realm, nor undertake, 
 against any one, deed of war, without the 'common . assent of his 
 baronage and that in parliament " ; and if there be such assent " and 
 it be necessary that he appoint a guardian in his realm, then he shall 
 ■appoint him with the common assent of his baronage, and that in 
 parliament." 
 
 XIII. " Forasmuch as the king hath been evil guided and counselled 
 by bad counsellors, as is aforesaid, we do ordain that all evil coun- 
 sellors be put away and removed altogether, so that neither they nor 
 other such be near him, nor retained in any office of the king, and 
 other more fit people be put in their places. And .in the same man- 
 ner shall it be done of their servants and pepple of office, and of 
 others who are in the king's household, who are not fit." 
 
 XIV. "And forasmuch as many evils have come to pass by such 
 counsellors and such ministers, we do ordain that the king do make 
 the Chancellor, Chief Justice of the one Bench and the other, the 
 treasurer, the chancellor and chief baron of the Exchequer, the 
 steward of his household, the keeper of his wardrobe, and comp- 
 troller, and a fit clerk to keep the Privy Seals, a Chief Keeper of the 
 Forests, on this side of Trent, and another on the other side of 
 Trent, and the chief clerk of the king in the Common Bench, by the 
 counsel and assent of his baronage, and that in parliament. And if 
 it happen by any chance that it be expedient to appoint any of the 
 said ministers before there be a parliament, then the king shall 
 appoint thereto by the good counsel which he shall have near him, 
 until the parliament. And so it shall henceforth be of such ministers 
 when need shall be." 
 
 XVII. "That the sheriff be from heryceforth appointed by the 
 chancellor, the treasurer and the others of the council who shall be 
 present; and if the chancellor be not present they shall be appointed 
 by the treasurer and barons of the Exchequer, and by the Justices of 
 the Bench, and that such be appointed and made who are fit and 
 sufficient, and who have lands and tenements whereof they can 
 answer to the King and to the People for their deeds ; and that no 
 other than such be appointed ; and that they have their commission 
 under the Great Seal." 
 
 «5 2 Stubbs's Const. Hist., ch. 16, ^^ I Stat, of the Realm, p. 157 to 167. 
 
 p. 328 to 331. 
 
496 Reign of Edward II [tit. v 
 
 Besides chapters concerning Piers Gaveston" and other favour- 
 ites,"* there are the following: 
 
 XXV. "That from henceforth pleas shall not be holden in the 
 said court of the Exchequer, except pleas touching the King and 
 his ministers, who are answerable in the Exchequer by reason of 
 their offices; and the officers of the same court, and* their attendants 
 and servants, who chiefly are abiding with them in the places where 
 the Exchequer abides." 
 
 XXXII. " Forasmuch as the law of the land and common right 
 are often delayed, by letters issued under the King's Privy Seal, to 
 the great grievance of the people, we do ordain that from henceforth 
 the law of the land and common right be not delayed nor disturbed 
 by letters of the said seal ; and if anything be done in any of the 
 places of the court of our lord the King, or elsewhere, by such 
 letters, issued under the Privy Seal, against right or the law of the 
 land, it shall avail nothing and be holden for none." 
 
 XXXVIII. "That the Great Charter of Franchises and the Char- 
 ter of the Forest, which King Henry, the son of King John, made, 
 be holden in all their points, and that the points which are doubtful 
 in the said Charters of Franchises be explained in the next parlia- 
 ment after this, by the advice of the baronage and of the Justices, 
 and of other sage persons of the law. And this thing shall be done 
 because that we have it not in our power to do the same during our 
 time." 
 
 p. Whether new officers were appointed in or soon after August, 1311, 
 to the chancery and the treasury. Particularly of Adam de 
 Osgodby, master or keeper of the Rolls : and of the keepers of 
 the Great Seal till April, 1314. Also of the barons of the 
 Exchequer ; and especicdly of Walter de Norwich, who was 
 appointed in 131 1, in August, a baron of the Exchequer, and in 
 October, locum tenens of the treasury ; and in March, 1312, 
 was again made baron, and described as 'nunc capitalis baro.' 
 
 Mr. Stubbs states that in 1311 "new officers were appointed to the 
 chancery and treasury"; and specifies that "on the nth" of Octo- 
 ber " Walter of Norwich was made lieutenant of the treasury and 
 Adam of Osgodby became keeper of the Seal Dec. 10."^ 
 
 Adam de Osgodby, the master or keeper of the Rolls, has been 
 
 " Of ch. XX, concerning Piers Gave- Henry de Beaumont ; and ch. xxiii, con- 
 
 ston, the substance is in i State Tr. cerning Lady de Vesey. 
 
 21,22. 69 2 Stubbs's Const, Hist., ch. 16, 
 
 68 Chapter xxi is concerning Emery p. 331, and note 2. 
 Friscombared; ch. xxii, concerning Sir 
 
CH. XVIII.] 1307 TO 1327. 497 
 
 mentioned in ch. 16, § 25, and in this in § i, p. 484. Mr. Foss, in 
 speaking of Geoffrey de Welleford, a clerk of the chancery, says : 
 
 "When Walter Reginald, bishop of Worcester, went to the king 
 at Berwick on December 12, 13 10 {4 Edw. II) the Great Seal was 
 committed to Adam de Osgodby, the keeper of the Rolls, to be kept 
 under the seals of Robert de Bardelby and Geoffrey de Welleford. 
 They retained it till the chancellor's return, a week afterwards." ™ 
 
 From 3 to 8 Edw. II the Great Seal was frequently, during absence 
 of the chancellor or vacancy in the office, held by Adam de Osgodby 
 vmder the seals of three clerks. 
 
 "At first it was merely in the absence of the chancellor, but between 
 the resignation of Walter Reginald, bishop of Worcester, and his 
 appointment as keeper of the seal — viz., between December 9, 1311, 
 and October 6, 131 2 — Adam de Osgodby, Robert de Bardelby and 
 William, de Ayremynne are distinctly described as keepers of the 
 seal (^Rot. Pari, i, 337) and transacted all the business connected with 
 it." While Reginald continued keeper the Great Seal was always 
 secured by the Seals of these three {Pari. Writs, ii, p. 1249)." 
 
 Although between December ig, 1311, and October 6, 1312, the 
 Seal never appears to have been under controul of Walter Reginald, 
 yet on the latter day it was again placed in his hands, only however 
 as custos or keeper; remaining sealed up under the seals of the 
 master of the Rolls and two other clerks in chancery, in whose pres- 
 ence it would seem that all writs were sealed. In this manner the 
 office was executed till April, 13 14, when Walter Reginald became 
 archbishop of Canterbury.'^ 
 
 In 1310 John D. Everdon, Richard de Abyngdon, and John de 
 Foxle remained barons of the Exchequer on July 17, when Thomas 
 de Cantebrig retired from, and Roger de Scotre''^ was placed upon 
 
 '" Biogr. Jurid. "Ji. designated as Serjeants, were appointed 
 
 "He died at Mortlake, Nov. 1 6,' to transact the king's business of pleas, 
 
 1327; his remains were interred in Can- and were directed to appear at the Ex- 
 
 terbury cathedral. Id. chequer on Michaelmas day, to do as 
 
 ™ He was possessed of Coringham and the king and his council should order. 
 
 other manors in Lincolnshire. In 1 309, Foss's Biogr. Jurid. 
 
 3 Edw. II, he and Edmund Passalegh, 
 
 32 
 
498 
 
 Reign of Edward II 
 
 [tit. V 
 
 •this bench.'* In 1311 Walter de Gloucester''^ died before August 29, 
 the date of the first patent raising to this bench Walter de Norwich^^ 
 who on Octo. 23 was appointed locum tenens of the treasury of the 
 Exchequer. In 1312 Roger de Scotre died before March 3, when 
 Walter de Norwich was again made baron." 
 
 In 1312 John Abef^ was on March 8, constituted a baron" in place 
 of Walter de Norwich who is described as 'nunc capitalis baro,' 
 being the first occasion on which this title is used.™ 
 
 10. Appointfnents of Justices of assize in ,^ Edw. II; and till 1314. 
 
 Of the three justices of assize appointed in 4 Edw. II, for Kent, 
 Sussex and Surrey, Robert de Cliderhou^^ was one, and William de 
 
 "In the same year he was the first 
 named of three justices of assize for six 
 counties, of which Lincoln was one. Id. 
 
 '^Mentioned in ch. 16, ^ 22, p. 424. 
 He acted as one of the lying's escheators 
 for the first four years of this reign, and, 
 during its early years, was summoned to 
 parliament among the judges. In 1310, 
 he was one of the three justices of assize 
 for Gloucestershire, and four other coun- 
 ties. In 131 1, between June 16 and 
 July 5, he became a baron of the Ex- 
 chequer ; he died in about six weeks, in 
 possession of considerable property in 
 Surrey and the counties of Lincoln, 
 Worcester and Gloucester. Id. 
 
 '^Son of Geoffrey de Norwich, and 
 possessed of large estates in Norfolk, 
 Suffolk, Lincoln and Hertford. In the 
 Exchequer he was remembrancer in 
 35 Edw. I, and he acted in this office in 
 the first years of the reign of Edw. II. 
 Id. 
 
 ■<T Id. 
 
 '8 In the king's service in 28 Edw. I ; 
 two years afterwards seneschal of the 
 queen and custos of her lands. He and 
 his wife were summoned to the coro- 
 nation of Edw. 11, among those selected 
 from Kent county. Foss's Biogr. Jurid. 
 
 "In the next year he received the 
 office of king's escheator, the duties of 
 which he performed (principally on the 
 south of Trent) for three years. During 
 that time he was employed to fix the tal- 
 lage on the city of London and on the 
 king's burghs, &c., in the home coun- 
 ties ; and was also directed to attend the 
 council, with instructions to be in readi- 
 ness to proceed on the king's service 
 beyond the seas. When he entered on 
 the functions of escheator he may have 
 resigned his seat in the Exchequer, for 
 he was reappointed a baron May 4, 
 1315. Id. 
 
 ^Id. 
 
 ^^ A clerk in the chancery under Edw. 
 I and Edw. II. He was, during 8 and 
 9 Edw. II, the king's escheator beyond 
 Trent, and afterwards was parson of the 
 church of Wigan. His part in behalf 
 of the earl of Lancaster was so strong, 
 that he not only sent his son Adam and 
 another man-at-arms with four foot sol- 
 diers to his assistance, but preached at 
 Wigan in his favour, and promised abso- 
 lution to those who aided him. For 
 these offences he was fined ;^2bo. He 
 was alive in 7 Edw. III. Foss's Biogr. 
 Jurid. 
 
CH. xviii.J 1307 TO 1327. 499 
 
 Goldin^on^'' another. John de Westcote, who, Hke Goldingion, had 
 been an advocate in the courts, was in the same year (4 Edw. II) not 
 only one of the three justices of assize appointed for Essex and Hert- 
 ford and the four neighbouring counties, but was also in a commission 
 in Hampshire and Wiltshire.^ Milo de Rodborough^ was, in 1310, the 
 last named of the three justices of assize appointed for Gloucester- 
 shire, Worcestershire and three neighbouring counties.^ By a man- 
 date to Adam de Middleton^ to attend the parliament in 1313 it 
 appears that he was then a justice of assize.*' Robert de Madding- 
 Jej^ was, in 1314, a justice of assize in Norfolk.^ 
 
 II. In 1312 of the king and Gaveston ; the latter illegally beheaded ; 
 and the king too weak to bring the offenders to justice. Birth of 
 Prince Edward; the king's visit to France in 131 3 ; John de 
 Drokensford being regent. After the king's return, a new par- 
 liament; and pacification. 
 
 In 131 2, the king having returned to the north, announced in Jan- 
 uary that Gaveston had returned to him and was ready to account 
 
 ^ Mentioned in the Year Book as an malversation in office. Mr. Foss pre- 
 
 advocate in the early part of the reign, sumes the result was favourable to him, 
 
 of Edw. II. He continued to serve for inasmuch as in the two following years 
 
 several years in these and other coun- he was responsibly employed, and in the 
 
 ties, and was regularly summoned to latter was one of three assigned to tal- 
 
 parliament in virtue of his office till liate the cities,' &c., in the same five 
 
 II Edw. II. He died in 12 Edw. II. counties. Id. 
 
 Id. 86 In 5 Edw. II, the custody of the 
 
 '^ He is not named in any judicial em- castle of Kingston-upon-Hall, and of 
 
 ployment later than 8 Edw. II. He the manor of Mitton, was committed to 
 
 died between that date and June, in 13 him. Foss's Biogr. Jurid. 
 
 Edw. II. Id. 87 In 9 Edw. II, he is certified as hold- 
 
 8* In 3 Edw. II, he was one of the ing several lordships in the counties of 
 assessors and collectors in Worcester- Notts and York. Id. 
 shire of the twenty-fifth, which was ssQne of the assessors of the tallage 
 granted by parliament ; and he was also of Cambridgeshire, and three neighbour- 
 on a local judicial commission therein. ing counties in 6 Edw. II, and in several 
 Id. judicial commissions in that locality, 
 
 ''In May, 1311, a commission was about the same period. Id. 
 
 issued into Gloucestershire to four jus- *' He continued to perform the same 
 
 tices to hear complaints against him in a functions in these and other counties till 
 
 petition from men of that county, charg- 1321, the year in which he died. Id. 
 ng him with oppression, corruption and 
 
500 Reign of Edward II [tit. v 
 
 lor his acts ; and in February restored his estates. Earl Thomas, of 
 Lancaster, with four confederate earls, took up arms, and after nearly- 
 capturing Gaveston at Newcastle, besieged him in Scarborough castle. 
 On the igth of May he was obliged to capitulate. Under (what 
 was called and should have been safe) conduct of the earl of Pem- 
 broke, Gaveston was proceeding towards Wallingford, when, without 
 the authority, and against the will of that earl, he was carried off by 
 the earl of Warwick, and on Blacklow Hill, on June 19, in presence 
 of earl Thomas, . of Lancaster, was illegally, if not unrighteously, 
 beheaded. Edward was too weak to bring the offenders to justice.™ 
 
 In 1312, on Nov. 13, at Windsor, was born queen Isabella's'^ first 
 child ; he became known first as Edward of Windsor, and before his 
 father's death as Edward the third. 
 
 In 1313 the king and queen went to France, May 23,'^ leaving 
 John de Drokensford^ (bishop of Bath and Wells) as regent; the 
 king returned on July i6th; on the 26th was called for Sept. 23, a 
 new parliament, during which there is, in October,"* a grant of par- 
 don and remission by the king, at the queen's instance : ^ there is 
 a statute "that no one be molested for the death of Piers de 
 Gaveston ";'° immediately after which -is the article "that none be 
 molested for the return of Piers de Gaveston";" "a statute forbid- 
 ding bearing of armour," is on the same pige.'* There seems to 
 have been an understanding that the ordinances should hold good.** 
 
 *> 2 Turner's Engl., ch. 3, p. 133 to at Dogmersfield in 1329, and was in- 
 
 136; I Mackintosh's Engl., p. 233, of terred in the chapel of St. Catherine in 
 
 Phila. edi. 1830; 2 Stubbs's Const. his own cathedral. Foss's Eiogr. Jurid. 
 
 Hist., ch. 16, pp. 332, 333; Green's ='*2 Stubbs's Const. Hist., ch. 16, 
 
 Short Hist., ch. 4, § 5, p. 226; Hist, of p. 333. 
 
 Engl. Peop., book 4, ch. I, p. 385, of ^^yiS.%% Strickland's Queens of Eng- 
 
 vol. I. land, Phila. edi. 1857, vol, 2, p. 131. 
 
 'iln the i8th year of her age, and the ^ \ Stat, of the Realm, 169. 
 
 fifth of her marriage. Miss Strickland's ^7 j^^ p_ jyQ_ 
 
 Queens of England, vol. 2, pp. 130, 131, ^ KxA in i Stat., Revised edi. 1870,. 
 
 of Boston edi. 1874. pp. 113, 114. ' 
 
 '^To the coronation of the king of ^^2 Stubbs's Const. Hist., ch. idy 
 
 Navarre. 2 Stubbs's Const. Hist., ch. p. 337. This parliament sat until Nov. 
 
 1 6, pp. 333, 334, and notes. 1 8. Id., p. 334, note i. 
 
 ^ Mentioned in \ i, p. 484. He died 
 
CH. XVIII.] 1307 TO 1327. 501 
 
 12. The ireasurership and the custody of the Great Seal from 131 2 
 until 1317 ; viewed in connection with the state of things after 
 the battle of Bannockbum, in 1314. 
 
 What has been mentioned in § 9, p. 497 (on Mr. Foss's authority) 
 as to the manner in which the office of Reynolds (as to the Great 
 Seal), was executed from Octo. 6, 1312, till April, 1314, should 
 be noticed in connection with the statement of Mr. Stubbs, that 
 "Edward obtained the restoration of Reynolds 'to the chancery and 
 Sandale to the treasury." 
 
 It may be stated, according to Mr. Foss, that fohn de Sandale 
 remained treasurer until March 14, 131 2; and consistently with what 
 is stated by Mr. Stubbs as to Walter de Langton, bishop of Lich- 
 field and Coventry, that Sandale was succeeded as treasurer by Wal- 
 ter de Langto7i^'"' whose locum lenens he was named in the next 
 October. Sandale occupied this station till Sept. 26, 1314. Then 
 Walter de Langton retired from, and Walter de Norwich was raised 
 to, the office of treasurer, and vacated his seat on the bench.'"' 
 Although there may be question whether the day in 1314, on which 
 Walter Reginald ceased to be keeper of the Great Seal, was April 5, 
 or September 26,'°'' yet the latter seems to be the day on which fohn 
 de Sandale "" was appointed chancellor. 
 
 ™ Mr. Foss says : " His adherence to and was buried in the chapel of St. 
 
 the king against the barons was followed Mary, which he had added to his cathe- 
 
 by his restoration to his office in March, dral at Lichfield. Foss's Biogr. Jurid. 
 
 1312 (5 E&w. II)." Biogr. Jurid. Mr. i''^ i Campbell's Lives of the Chancel- 
 
 Stubbs says: "Walter Langton, the old lors, ch. 12, p. 196, of 2d edi. (1846), 
 
 enemy of Gaveston, had made his pp. 187, 188, .of Boston edi. 1874; Foss's 
 
 peace." — " On the 14th of March he Biogr. Jurid. 
 
 was made treasurer. (Feed, ii, 159). i"' He was an ecclesiastic and one of 
 
 On the 3d of April the ordainers turned the king's chaplains. On Jan. lo, 1310, 
 
 him out of the Exchequer, and the he had been made treasurer of Lich- 
 
 archbishop excommunicated him for field ; he was a canon of York ; it seems 
 
 accepting office contrary to the ordi- doubtful whether he was ever dean of 
 
 nances ; he appealed to Rome in June, London. During his chancellorship the 
 
 1312 (A Murimuth, p. 18)." 2 Const. bishopric of Winchester became vacant. 
 
 Hist., ch. 16, p. 333, and note. and he was elected to that see in Au- 
 
 "" Bishop Langton spent the remainder gust, 1316. Foss's Biogr. Jurid. Pre- 
 
 of his days in the exercise of his epis- vious to this elevation his London resi- 
 
 copal duties. He died Nov. 16,1321, dence as chancellor was in Aldgate. Id. 
 
502 Reign of Edward II [tit. v 
 
 Observing that in 1314 "the battle of Bannockburn, June 24^ 
 placed Edward before the people as a defeated and fugitive king," "" 
 Mr. Stubbs says : 
 
 " Earl Thomas took advantage of the crisis to proclaim that the 
 abeyance of the ordinances was the cause of the public misery; 
 and in a full parliament, held at York in September,_i3i4, Edward 
 was obliged to consent to the dismissal of his chancellor, treasurer 
 and sheriffs. Their places were immediately filled up by nominees 
 of the earl." "^ 
 
 Mr. Stubbs adds that " the ordinances were confirmed at the same 
 time." As to the places of chancellor and treasurer, the term dismis- 
 sal may be inaccurate; for on the 26th of September, 13 14, some 
 months had elapsed since (in Mr. Foss's view) Walter Reginald was 
 in connection with the Seal ; and the change of John de Sandale was 
 from being the mere locum tenens of the treasurer, to the high office 
 of chancellor. 
 
 zj. John de Hotham chancellor oj the Exchequer Jrom. Dec, 1312, 
 till 1316 ; Roger de Northburgh keeper oJ the wardrobe in 
 1316 ; barons oJ the Exchequer Jrom, 1313 till 1322. 
 
 John de Hotharn^'^ was, on December 13, 1312, made chancellor of 
 the Exchequer; in May, 1313 (being canon of York), he was sent on 
 a mission to the court of France.^"' He continued in the chancellor- 
 
 '•"a Stubbs's Const. Hist., ch. i6, grant of the manor of Hotham, in 
 p. 334. "The Scots took baggage to Yorkshire, with others. He, was, in 
 the value of 200,000 pounds, and a 27 Edw. I, assessor of the tenth, then 
 great number of noble captains, whose granted ; and in 2 Edw. II, sent to Ire- 
 ransoms made them affluent. Bruce dis- land as chancellor of the Exchequer, 
 tinguished himself for his humanity to In the next two years he was acting as 
 the prisoners. He distributed the spoil the king's escheator on both sides of the 
 with magnificent liberality, and by this Trent. In 13H he was ' custos domo- 
 brillant success completed the independ- runi of Peter de Gaveston, in the city 
 ence of Scotland and the security of his of London. Foss's Biogr. Jurid. 
 hard-earned throne." 2 Turner's Engl., i"' " In August, 1314, and again in 
 ch. 3, pp. 143, 144. September, 1315, he went with extraor- 
 
 105 2 Stubbs's Const. Hist., ch. 16, dinary powers to Ireland, then invaded 
 p. 338. by Edward Bruce, the king of Scotland's 
 
 106 A descendant of John deTrehouse, brother, to effect a reconciliation with 
 who, for his assistance to the conqueror, the barons, and to treat with the 
 at the battle of Hastings, obtained a natives." — "It does not appear that 
 
CH. XVIII.] 1307. TO 1327. 503 
 
 ship of the Exchequer in Easter, 1316; and probably did not retire 
 from it till his election (July 20) to the bishopric of Ely."^ 
 
 Roger de Northburgh^'^ was, in April 131 6, keeper of the ward- 
 robe."" 
 
 John de Insula (mentioned in § 3, p. 486) resumed his seat in the 
 Exchequer under a patent of Jan. 30, 1313.™ 
 
 Hervey de Staunton (mentioned in § 4, p. 488) on Sept. 28, 1314, 
 exchanged his seat in the Common Pleas for that of a baron of the 
 Exchequer."' 
 
 John Abel (mentioned in § 9, p. 498), was reappointed a baron May 
 4. ^315"" 
 
 Ingelard de Warlee (mentioned in § 7, p. 493) was, on Dec. 29th, 
 10 Edw. II (1316) appointed a baron of the Exchequer."* 
 
 In 1317, on May 30, when Walter de Norwich was relieved from 
 the treasurership he received the honorable appointment of chief 
 baron."^ 
 
 Mr. Stubbs observes from the middle of this reign "a regular 
 succession of chief barons of the Exchequer." ™ 
 
 Though Richard de Abyndon was acting as a baron in 9 Edw. II, 
 
 while thus employed he was removed parliament beyond that year, and a new 
 
 from the ofiice of chancellor of the baron was then nominated. He died in 
 
 Exchequor." Id. 16 Edw. II, possessed of large estates at 
 
 '"'^Id. Footscray and Lewisham, in Kent, at 
 
 i"* Early in the service of Edw. II, Rochford, in Essex, and at Camber- 
 
 whom he accompanied to Scotland, in well, in Surrey, besides the manor of 
 
 13 14, as keeper of the royal signet Dadynton, in Oxfordshire, about which 
 
 (custos targics) ; taken prisoner with that there was afterwards a suit in parliament 
 
 in his possession at the bloody battle of between his three daughters by his wife, 
 
 Bannockburn. Foss's 'Biogr. Jurid. Margery, and their husbands, and the 
 
 ""In 1317, presented by the king with Earl of Norfolk, who. claimed it by a 
 
 the archdeaconry of Richmond; in subsequent grant from Edw. III. Id. 
 
 1320, on a mission to Carlisle, to treat "* And so contiijued till his death in 
 
 for a truce with the Scots. Id. June, 1318. In the wardrobe accounts, 
 
 1" And is frequently noticed in that it is entered that " two pieces of Lucca 
 
 character till 12 Edw. II. He died in cloth" were laid upon his body, buried 
 
 May or June, 1320. Foss's Biogr. Jurid. in the church of St. Martin's-le-Grand. 
 
 '"/or. Id. 
 
 "^He was probably removed in 14 '^^ Id. 
 
 Edw. II, as he was not summoned to "^2 Const. Hist., ch. 15, p. 267. 
 
504 
 
 Reign of Edward II 
 
 [tit. V 
 
 yet in that year was the subjoined complaint;'" the failure of his 
 powers is stated in a patent of June i8, 1317 (10 Edw. 11),"" whereby 
 John de Okham^^^ was appointed his successor.'™ Afterwards were 
 appointed as barons of the Exchequer, 1318, July 24, Robert de 
 Wodekouse ■,^'"^ 1320, August 6, Walter de Friskeney, '" and Lambert 
 de Trikingham;^'^ 12,22, ]\i\y 20, Roger Beler}'^ 
 
 '"Against William Randolf " for in- 
 sulting and imprisoning him" (Richard 
 de Abyndon), " and three others, jus- 
 tices, who were assigned to hear and 
 determine certain matters in the city of 
 Bristol." (Rot. Pari, i, 130.) Foss's 
 Biogr. Jurid. 
 
 118 Wherein his infirmity is thus de- 
 scribed : " quia dileclus cleficus noster 
 Ricardus de Abyndon, unus baronum 
 nostrorum de Scaccario, adeo impotens 
 sui existit, quod ea quce ad officium 
 illud pertinent non potest commode 
 exercere.^' Id. 
 
 "'He was joined in commission with 
 the escheator, ultra Trentam, to take 
 into the king's hr.nds the property of 
 Anthony, patriarch of Jerusalem and 
 bishop of Durham, on his death in 
 4 Edw. II. During the four following 
 years he was clerk to Ingelard de War- 
 lee, keeper of the wardrobe, and held 
 the office of cofferer of that department. 
 Id. 
 
 '^° He is not named in this character 
 beyond 1322. He became custos of the 
 deanery of the free chapel of St. Martin, 
 London, in 19 Edw. III. Id. 
 
 "• Chaplain to Edw. Ill, from whom 
 he received the office of escheator. He 
 was summoned to parliament among 
 the judges as late as Nov., 1322, 
 16 Edw. II, when he probably re- 
 signed, or was removed, as about this 
 time he became keeper of the ward- 
 robe, an office which he held at the 
 end of this reign and at the commence- 
 ment of the next. Foss's Biogr. Jurid." 
 
 '™' His name was derived from a parish. 
 
 so called, in Lincoln county. As coun- 
 sel, he is mentioned in the Year Book of 
 Edw. II. He was, in 4 Edw. II, sum- 
 moned with six others as an assistant 
 to parliament; and was in 7, 8, and 
 II Edw. II, added to several judicial 
 commissions in his own county. Id. 
 
 Besides being frequently employed as 
 a justice in the county, he was one of 
 those to pronounce judgment upon the 
 Mortimers in i5 Edw. II. Onthe 9th 
 of July, 1323, he was removed from this 
 court to the Common Pleas. Id. 
 
 123 It is supposed that he left the bench 
 about 17 Edw. II. He still, however, 
 was employed as a justice itinerant. In 
 131 7 he received the mastership of 
 Sherbourn hospital, in Durham. Id. 
 
 12* Of a family at Kirkby, on the 
 Wrethek, in Leicestershire, in which, 
 and in the neighbouring counties, they 
 held large possessions. Roger' was son 
 of William Beler, and Avicia, his wife, 
 and grandson of another Roger Beler, 
 who was sheriff of Lincolnshire in 40 
 Hen. III. In 12 Edw. Ill, the king 
 granted him the hundred of Framelond, 
 and certain farms in Leicestershire, for 
 laudable services. ■ In the same year he 
 received a general pardon as an ad- 
 herent of Thomas, earl of Lancaster, 
 and was confirmed in his office of bailiff 
 and steward of Stapelford, in Leicester- 
 shire. He was occasionally employed 
 in judicial commissions before he was 
 raised to the Exchequer bench. 
 
 " He came to a violent end, being 
 attacked and murdered on Jan. 29, 1326 
 (on his journey from Kirkby to Leices- 
 
•CH. XVII.J 
 
 i2i6 TO :307. 
 
 505 
 
 14. Appointments of fudges of the Common Pleas from 1313 
 
 till 1321. 
 
 John Bacon^'^ was advanced to the bench of the Common Pleas 
 Feb. 19, 6 Edw. II (1313).''' 
 
 In 1314, on Sept. 28 (8 Edw. II), Hervey de Staunton (mentioned 
 in § 4, p. 488) ceased to be, and William Inge"' became, a judge of 
 this court; ''^ he only held the office till Feb., 1316.'='' 
 
 Gilbert de Roubury was changed from the King's Bench to this 
 court March 10, 1316."° 
 
 In 1316, on April 20 (9 Edw. II), John de Mutford^^^ was by 
 
 ter), by Sir Eustace de Folville, lord of 
 the neighboring manor of Ashby, who 
 was himself mortally wounded with an 
 arrow. A commission was issued to try 
 the offenders, and the goods of Roger la 
 Zousch, lord of Lubesthorp, and Robert 
 de Helewell, charged as accessories, 
 and, flying from justice, were, thereupon, 
 ordered to be seized into the king's 
 hands. Sir Roger was buried in the 
 chantry chapel he had erected at Kirby, 
 where his tomb, with a fine alabaster 
 effigies of him, in complete armour, still 
 remains." Id. 
 
 '^ Before his advancement to the 
 bench, he had almost always the title of 
 Clericus Regis. He held the office of 
 ■ custos rotulorum et brevium de banco' 
 from, if not before, 1288, 16 Edw. I. 
 The custody of Leeds castle, in Kent, 
 was committed to him in 19 Edw. I; 
 and, two years before, he is mentioned 
 as one of the executors of Queen 
 Eleanor, the record calling him ' attor- 
 ney.' Among the advocates he appears 
 in the Year Book in the earlier years of 
 Edw. II. Foss's Biogr. Jurid. 
 
 i^^He continued a judge there till 
 Octo. 16, 1320. Id. 
 
 '^' Until this elevation he appears 
 among the advocates recorded in the 
 Year Book, showing, that notwithstand- 
 ing his employment as a justice of 
 
 assize, he did not cease to practice at 
 Westminster. Id. 
 
 i^^In January, 1315, while merely a 
 justice of the Common Pleas, he, by the 
 king's directions, opened the parliament 
 at Lincoln. Id. 
 
 129 When he became chief justice of 
 the King's' Bench. Id. 
 
 130 He retired from the court, or died 
 before May 31, 1321. Id. 
 
 1^1 Of a knightly family, settled in the 
 parish of that name in Suffolk. In the 
 profession of the law, he conducted the 
 king's causes in 22 and 30 Edw. I. In 
 35 Edw. I, there is on the Rolls of par- 
 liament (i, 197) an order that yohn de 
 Mutford be called before the treasurer 
 and barons of the Exchequer, to inform 
 them of the king's right in the matter of 
 a petition then presented, which seems 
 to show that his duties were very similar - 
 to these performed at a later period by 
 one in the office of attorney-general. 
 In that same year (the last of Edw. I) 
 he was a justice of trailbaston to act in 
 Cornwall and nine other counties. From 
 the commencement of the reign of Edw. 
 II, he is found acting as a justice itin- 
 erant, and among the judges attending 
 parliament. He was, in 5 Edward II, 
 sent to Ireland as one of the commis- 
 sioners to quiet discontents and dis- 
 turbances there; two years afterwards 
 
606 
 
 Reign of Edward II 
 
 [tit. V 
 
 patent, constituted a judge of the Common Pleas; he continued ia 
 this office during the remainder of the reign."^ 
 
 On August 6 (9 Edw. II) Lamhert de Trikingham was removed 
 from this court."' 
 
 In 1319, on June 5, John de Doncastor^^ was raised to this bench.'^ 
 
 In 1320 on Octo. 16, in place oi John de Benstede^^^ (mentioned 
 last in § 4, p. 489) William de Herle^^ was appointed; and in place of 
 John Bacon (mentioned in § 14, p. 505) John de Stonore^^ was ap- 
 pointed a justice of this bench. 
 
 Gilbert de Roubury retired from the court or died before May 30^ 
 
 he was summoned to appear before the 
 council ready to proceed on the king's 
 service beyond the seas. Foss's Biogr. 
 Jurid. 
 
 "3 To the King's Bench. Id. 
 
 i'*In 2€ Edw. I, a commissioner of 
 acray in Yorkshire. He was summoned 
 to the coronation of Edw. II, and from 
 that year included in the list of judges 
 and others called to assist at the par- 
 liaments. He was, in 1310, a judge of 
 assize for the northern counties ; during 
 the next seven years he is named in 
 various judicial commissions. Foss's 
 Biogr. Jurid. 
 
 135 The fines levied before him do not 
 extend beyond the next year, and he 
 was not summoned to parliament after 
 the early part of 14 Edw. II. Mr. 
 Foss supposes that "he was probably 
 at that time removed from the court, 
 although he was named in a special 
 commission for trying some forest of- 
 fences in his own county two years 
 afterwards." He was alive 'in 5 Edw. 
 III. Id. 
 
 '38 In 15 Edw. II, he was returned by 
 the sheriff of Hertford as knight ban- 
 neret. He had large possessions, with a 
 manor house called Rosemont, at Eye, 
 near Westminster, which he had license 
 to fortify with walls of lime and stone. 
 His death did not otcur till 1323 or 1324. 
 
 His descendants were living in Essex 
 county till the reign of Henry VII. Id. 
 
 137 Probably bom in Leicestershire, 
 " both Robert de Herle, apparently his. 
 father, and he having been summoned 
 by the sheriff of that county, the former 
 in 1301 (29 Edw. I) to perform military- 
 service, and the latter in 1324 (17 Edw. 
 II), to attend the great council at West- 
 minster," The principal part of his 
 property was in that county. He was,, 
 in 4 and 6 Edw. II, summoned as an 
 assistant to parliament, apparently in the 
 character of a Serjeant at law; and in 
 9 Edw. II, one of three 'qui sequntur 
 pro rege' in a suit against the men of 
 Bristol; the wardrobe account of 14 
 Edw. II contains the entry of a payment 
 (Aug. 6) of ;^I33 6s. %d. to him as 
 "king's Serjeant, who, by the king's 
 order, will shortly receive the honour of 
 knighthood of the king's gift, in aid of 
 his rank." Id. 
 
 issjt seems uncertain which of two 
 counties (Kent and Oxfordshire) was 
 the place of his birth. In the Year 
 Books he is frequently mentioned as an 
 advocate ; in 6 Edw. II he was so far 
 advanced among the Serjeants as to be 
 summoned to assist at the parliament; 
 in 9 Edw. II he had a grant of ^20 per 
 annutn for his expenses in prosecuting 
 and defending suits for the king; he 
 was, on several occasions, employed on 
 
CH. XVIII.] 
 
 1307 TO 1327. 
 
 507 
 
 1321, when John de Bourchter^^ (or Bousser) was constituted one of 
 its judges.'*" 
 
 ij. In iji^ the Spire of St. Paul's taken down and replaced. Gen- 
 erally as to the state of things in England in iji^ and 1316. 
 How the King's authority was superseded. Proceedings of the 
 King, the council and the parliament. 
 
 Old St. Paul's is mentioned in ch. 15, §21, p. 323. It "was one of 
 the largest edifices in the world, and in its best days, before it was 
 deformed by the successive repairs to which it was subjected, and the 
 various foreign incumbrances under which it was long buried, it was 
 no doubt a grand and imposing structure. But its form in the 
 course of time, underwent so many changes that aflast it presented 
 the appearance of little else than a heap of incongruity and confu- 
 sion. The spire was of timber," which in 1315 "was found to be so 
 much decayed that the upper part of it had to be taken down and 
 replaced.""' 
 
 In a parliament which sat from Jan. 20 to March 9, 1315, there were 
 grants on terms and conditions: Hugh le Despenser^^ and Walter 
 
 special judicial commissions; his pro- 
 ceedings thereunder he was commanded 
 in 12 and 13 Edward II to carry into 
 the Exchequer to be estreated. Id. 
 
 139 xhis son of Robert de Bousser and 
 Emma, his wife, was an attorney of the 
 earl of Oxford, to appear in his place in 
 parliament in May, 34 Edw. I (1306). 
 He was, in 8 Edw. II, a justice of assize 
 in the counties of Kent, Surrey and Sus- 
 sex ; and is in other judicial commissions 
 thenceforth till May 31, 1321. Foss's 
 Biogr. Jurid. 
 
 "" He continued in this court for the 
 remainder of the reign ; and in 19 Edw. 
 
 II was the head of a curious commission 
 to hear and determine a charge made by 
 the Bishop and Dean and Chapter of Lon- 
 don against certain persons for taking 
 and carrying away a great fish' qui dicitur 
 cet^ , found on their manor of Walton ; 
 the prosecutors alleging that King Henry 
 
 III had, by his charter, granted them 
 'totum crassum piscem,' which should 
 be taken on their land, 'except the tongue. 
 
 which the said king retained to himself.' 
 Id. 
 
 ifl " It was upon this occasion that a 
 ball, surmounted by a cross, was first 
 fixed upon the termination of the spire." 
 Penny Magazine for 1832, May 12, p. 57^ 
 
 1*2 Mr. Stubbs says : " The ablest man 
 who was faithful to the king was proba- 
 bly Hugh le Despenser, the elder." — 
 He " was the son of the great justiciar 
 who had fallen with Simon de Montfort 
 at Evesham, and step-son of Roger 
 Bigod, who had compelled Edward I to 
 confirm the charters. He had been in 
 constant employment under Edward I; 
 as his envoy he had obtained from Clem- 
 ent V the bull of absolution which 
 relieved the king from his oath in 1305 ;. 
 and under Edward II he had" "in- 
 curred the hatred of the magnates as 
 supporting Gaveston. As early as 1308 
 or 1309 the king had been requested to 
 remove him from the council, but not- 
 withstanding the hostility of the lords, 
 his experience made him too valuable to 
 
508 Reign of Edward II [tit. v 
 
 Langton were removed from the council : regulations were drawn up 
 for the royal household: the king was put on an allowance of ten 
 pounds a day. Edward bent to the storm and yielded where he 
 could not resist."' 
 
 "There were two parliaments holden in" g Edw. II, "viz., the one 
 at Lincoln, 15 Hill," "and the other 15 Pasch.,""at Westminster."^" 
 Lord Coke writes of that parliament at Lincoln, 
 
 " Where Walter Reynolds, bishop of Canterbury, whom the king 
 favoured, saith one, singularly for the opinion he had of his fidelity 
 and great wisdom, and Walterus archiepiscopus Cantuariensis regi 
 gr alio sis simus fuit, hcec regis csquissima responsa ad prcBlato- 
 rum petita obtinuit in the name of himself and of the clergy, pre- 
 ferred" " 16 articles, and by the authority of the parliament had the 
 answers." ''^ 
 
 The tenors of said articles with the answers are the 'Articuli cleri' 
 or 'Articles for the clergy.' ^^ After which is 'Statuium Lincoln de 
 Vicecomitibus,' or ' The statute of sheriffs,' "' and ' The statute of invi- 
 olably observing the statute for the clergy."** Of the parliament 
 which met at Lincoln in January, 1316, Mr. Stubbs says: 
 
 "There Earl Thomas took another step, which wrested the reins 
 altogether from Edward's hands."' He was made president of the 
 
 be neglected. He rose in favour, he justices; and that none shall be sheriff 
 
 was god-father to the king's eldest son, except he have sufficient land within 
 
 and his rise was shared by his son Hugh the same shire where he shall be sheriff, 
 
 le Despenser, the younger, whom in to answer the king and his people." I 
 
 1313 Edward married to the eldest of Stat, of the Realm, pp. 175, 176; I 
 
 the co-heiresses of Gloucester." 2 Const. 'Statutes Revised' edi. 1870, p. 119 to 
 
 Hist., ch. 16, p. 336. 121. This statute (which is on the same 
 
 ^^Id., pp. 338, 339. subject with chapter XVII of ordinances, 
 
 '**2 Inst., pp. 618, 619. in 2 8, p. 495), provides also as to the 
 
 ^*^Id., p. 601. keeping of hundreds. 
 
 ^^In Id., p. 618 to 638; I Stat, of i**i Stat, of the Realm, pp. 175, 176. 
 
 the Realm, p. 171 to 174; i Statutes "' The parliament was summoned Oct. 
 
 Revised, edi. 1870, p. 114 to 119. 16, for Jan. 27; it sat until Feb. 20. 
 
 ^■"i Stat, of the Realm, pp. 175, 176. Lancaster was not present until Feb. 12; 
 
 "That the sheriffs from henceforth shall on the 17th the bishop of Norwich, at 
 
 be assigned by the Chancellor, Treas- the king's request, proposed that the 
 
 urer, barons of the exchequer and by earl should become 'de consilio regis 
 
 the justices, and in the absence of the capitalis '/ 'principalis conciliariits regis 
 
 chancellor, by the treasurer, barons and efficitur' (M. Malmesb., p. 166); 'ordi- 
 
CH. XVIII.J 1307 TO 1327. 509 
 
 royal council on the express understanding that without the consent 
 of the council, no acts touching the kingdom should be done, and 
 that any member of it who should do any act or give any advice 
 dangerous to the kingdom should be removed at the next parlia- 
 ment. The king accepted the ordinances."'^" — "The arrangements 
 thus begun were completed in a July session of the knights, also held 
 at Lincoln.'"" 
 
 16. In 1316 Roger le Brabazon resigned, and William Inge was 
 elevated to the offi.ce of Chief fustice of the King's Bench. 
 Changes on this bench till ij2o. 
 
 Roger le Brabazon performed the functions of chief justice of the 
 King's Bench till Feb. 23, 1316 (9 Edw. II), when, pressed by age 
 and infirmities, he applied for and obtained his discharge."'' 
 
 William Inge, who had been in the Common Pleas, was in the 
 latter part of the same month (Feb. 1316) made chief justice of the 
 King's Bench. 
 
 Soon Gilbert de Roubury went (March 10, 1316) from this bench 
 into the Common Pleas; and Lambert de Trikingham went (August 
 6, 1316) from that court upon the King's fiench.'^ 
 
 1317, June 15, William Inge was displaced from the office of chief 
 justice'^ by Henry le Scrope}^^ 
 
 1320, about k\x^?\., Robert de Malberthorp™ was raised to this 
 bench. 
 
 natum erat quod dominus rex sine con- parliaments, as often as he might choose 
 silio comiium et procerum nihil grave, to be present. He died in the following 
 nihil arduum inchoaret, et comitem year." Foss's Biogr. Jurid. 
 Lancastriee de consilio suo princifaliter '^^ Where he remained exactly four 
 refineret.' [Jhid, p. 172.) -^ Stubbs's years, being made a baron of the Ex- 
 Const. Hist., ch. 16, p. 339, note 3. chequer Aug. 6, 1320. Foss's Biogr. 
 
 ^^Id., p. 339. The order for enforce- Jurid. 
 
 ment was given March 6. (Foed. ii, 287.) 1*4 He died in 1321, leaving large pos- 
 
 Id., note 4. sessions in ten counties. Id. 
 
 '^^/flT.jPp. 339, 340. The knights were iw ]y[eiitioned in § 4, f. 489. 
 
 summoned June 25, to meet July 29, be- '^^ So called from a manor of that 
 
 fore the king's council. The session name in Lincolnshire. He is mentioned 
 
 lasted till August 5. /(/., p. 340, note I. in connection with property in that 
 
 i52The patent of Feb. 23, 1316, county in 6 and 8 Edw. II; he was 
 
 " records the king's commands, that he occasionally employed in commissions 
 
 should be retained ' de secreto concilia' there, from 10 Edw. II, till he was 
 
 during his life, and should be admitted raised to the bench. Foss's Biogr. Jurid. 
 to all the king's courts, councils and 
 
510 Reign of Edward II [tit. v 
 
 -r7. In 1316, Adam de Osgodby died and was succeeded by William 
 de Ayremynne as Master of the Rolls. Of the treasurer, chancel- 
 lor of the Exchequer and Lord chancellor of England from 1316 
 to 1319. fohn de Sandale was succeeded in the latter office by 
 fohti de Hotham. The masters, as his standing counsel, assisted 
 him in 12 Edw. II, in the case of the Abbot of St. fames. Upon 
 Hotham! s resignation in fan. 1320, fohn Salmon became chan- 
 cellor. 
 
 Adam de Osgodby (mentioned in § 9, p. 496) was uninterruptedly in 
 the office of keeper of the Rolls of Chancery from 23 Ed. I (1295) 
 till 10 Edw. II (i 316) a period of nearly 21 years. In both reigns, 
 he frequently, in the chancellor's absence, performed the functions of 
 chancellor, sometimes alone, and sometimes in connection with two 
 or three of the other clerks. He died in August 1316."' 
 
 William de Ayr-etnynne^^ was on the 19th August, 1316, raised to 
 the office of keeper or master of the Rolls. In this character, the 
 Great Seal was frequently placed in his custody, under the seals of 
 three clerks, to perform the duties of the chancery, when the chan- 
 cellors, fohn de Sandale, fohn de Hotham and fohn Salmon were 
 absent from court. Having about 1319, joined the Archbishop of 
 York, the Bishop of Ely and others in an army against the Scots ; 
 he was taken prisoner in the encounter to which (from the number 
 of priests and monks in the English ranks) the name of the white 
 battie was given, and probably remained in durance until the truce.'^' 
 
 ^^'Foss's Biogr. Jurid. the disguise of a penitent; but as soon 
 158 After giving his pedigree, and men- as his errand was disclosed, he received 
 tioning him as one of the clerics in chan- such a salutary discipline from the knot- 
 eery in 5 Edw. I, Mr. Foss speaks of ted scourges provided by the monks for 
 the periqd from Aug. 27 to Sept. 28, the benefit of the visitors to the shrine 
 131 1, when during the absence of Bishop of St. Brithwold, as induced him to 
 Reginald, the chancellor, the Great Seal decamp most speedily, adopting with 
 was in the hands of the keeper of the entire sincerity the character which he 
 Rolls, under the seals of him ( William had assumed.' " It is further stated that 
 de Ayremynne) and Robert de Bardelby ; he was one of three keepers of the Seal, 
 and citing Palgrave's Merchant and appointed Dec. 9, 13 1 1, who held it till 
 Friar 70 says: "When sent by the Sept., 1314, and that he was clerk of 
 chancellor to summon to parliament the the parliament which met at Lincoln in 
 Abbot of Oseney, who had used every Jan., 1316. Biogr. Jurid. 
 evasion to avoid obeying the writs, he '*' Foss's Biogr. Jurid. 
 ' cunningly gained access to the abbot in 
 
CH. XVIII.] 1307 TO 1327. 511 
 
 Hervey de Staunton became chancellor of the Exchequer June 22, 
 13 16.™ Walter de Norwich retained the treasurership till May 30, 
 1317."' John de Hotham, bishop of Ely, (mentioned in § 13, p. 502) 
 "was raised to the treasurership in 1317, and held this office till June 
 1 3 18. John de Sandale (bishop of Winchester) and chancellor of 
 England was present in the parliament at London in January 1315, 
 and there superintended judicial business ; "^ he held the chancellorship 
 till June 9, 1318, and was restored (Nov. 16, 1318) to the treasurer- 
 ship j this he held until his death Nov. 2, 1319."^ 
 
 About June 10, 1318, the Great Seal was delivered to John de 
 Hotham (bishop of Ely) as chancellor. He was frequently in jour- 
 neys on the king's affairs ; and for the first six or seven weeks of his 
 chancellorship, its duties may have been performed by others."" In 
 12 Edw. n, he had the masters as his standing counsel to advise and 
 . assist him. 
 
 "The Abbot of St. James extra Northampton, being enrolled de 
 novo in the-King's chancery to come to Parliament, he petitioned to 
 be discharged, because he did not hold either per baroniam, or de 
 rege in capite but in frankalmoign, and neither he nor his predecessors 
 were ever before enrolled in chancery or ever came to Parliament, 
 whereas the Abbot prayed to be relieved ; in execution of which 
 petition or bill, Dominus Cancellarius cum sua concilio de Cancellar' 
 ordinavit, (the Lord Chancellor ordained with his counsel of the 
 chancery) that the name of the Abbot should be taken out of the 
 registry of the chancellor. This excuse or allowance was made by 
 the view of John Hotham, Chancellor, William de Armines, keeper 
 
 16" But seems to have been still em- Boston edi., 1874. 
 ployed in a judicial character on various "^ At Southwark. He was buried 
 
 commissions, and to have been regularly there in St. Margaret's church. He had 
 
 summoned to parliament with the other received from Edward I the manor of 
 
 judges. Foss's Biogr. Jurid. Berghby in Lincolnshire, and, from 
 
 1^1 According to Mr. Foss, he then was Edw. II, a house in the suburbs of Lin- 
 relieved from the office on account of coin, belonging to a religious society 
 illness; received the appointment of then dissolved. It is probable, there- 
 -chief baron, and was commanded to fore, that his family was settled in that 
 assist at the privy councils of his sov- county, although, from its name, it is 
 ereign whenever he was able. Mr. Foss supposed to have had its origin in York- 
 adds : " He is called by this title, in 13 shire, in which, at his death, he had 
 Edw. 11, as present in the delivery of property in the manor of Whetlay, near 
 the Great Seal." Id. Doncaster. Id. 
 
 "' I Campbell's Lives of the Chancel- !«* Foss's Biogr. Jurid. 
 
 Jors, p. 197, of 2d edi. (1846), p. 189, of 
 
512 Reign of Edward II [tit. v 
 
 of the Rolls, Robert Bardelby and other clerks of the chancery.""^ 
 
 John de Hotham held the office of chancellor for about nineteen 
 months."* After his resignation, Jan. 23, 12,20^'''' John Salmon^^ was 
 • appointed chancellor in full parliament. 
 
 18 ■ State of things in 1318, after the capture of Berwick; what 
 was done in the parliament of that year at York : of the statute 
 called the ^statute of York' ; and of other statutes. 
 
 In 131 8, after the capture of Berwick (April 2), there was at Leek, 
 a treaty or arrangement whereby "a general pardon was granted to 
 the earl " (of Lancaster) " and nearly 700 followers-," and whereby also 
 "the ordinances were confirmed and a new council nominated,"^"" 
 of whom "two bishops, one earl, one baron and the banneret were 
 to be in constant attendance, and with their concurrence every thing . 
 that could be done without the assent of parliament, was to be done." 
 
 "The treaty was arranged on the 9th of August, and reported to a 
 full parliament held at York on the i8th of October."" This, which 
 was the first parliament since that of Lincoln, in 1316, confirmed the 
 treaty and the pardons, and passed a statute to improve the judicial 
 procedure." 
 
 166 Legal Judic. in Ch., edi. 1727, ch. 3, one of the ordainers, and, in 9 Edw. II 
 
 pp. 67, 68. of the commissioners to open parliament.. 
 
 166 During the latter part of which He took the king's part throughout his 
 
 period he was engaged in negotiating a reign. Id. 
 
 truce with the Scots. Foss's Biogr. Jurid. ^^ " To consist of eight bishops : 
 
 "' He was still employed by the king Norwich, Ely, Chichester, Salisbury, S. 
 
 on confidential missions. Id. David's, Hereford, Worcester and Car- 
 
 ^^Son of Salamon and Amicia, for lisle; four earls: Pembroke, Arundel, 
 
 whose souls he appointed four priests to Richmond and Hereford ; four barons : 
 
 pray in a chapel he founded in the Hugh Courtenay,'Roger Mortimer, John 
 
 chancel of Norwich cathedral. He is Segrave and John Gray; and a single 
 
 sometimes called John of Ely, having banneret, to be named by the earl of 
 
 been prior of the convent there. He Lancaster." 2 Stubbs's Const. Hist., ch. 
 
 was elected bishop of Norwich July 15, 16, pp. 342, 343. 
 
 1299, and visited Rome in 1306. Soon ""Id. The parliament sat until Dec. 
 
 after the accession of Edward II, he was 9. Id., p. 343, note i. Hugh le Des- 
 
 one of the ambassadors to France to ask penser, the younger, was appointed 
 
 for Isabella (daughter of King Philip) as chamberlain. Id., p. 343, notes 2, 3,, 
 
 Edward's wife. He was, in 3 Edw. II, and p. 345. 
 
CH. xviii.J 1307 TO 1327. 513 
 
 It is known as the 'Statute of York.'"' Of this statute, after the 
 chapters below,'" is one (ch. VI) enacting as to an officer ' to keep 
 assizes of wines and victuals,' that he "shall not merchandize for 
 wines nor victuals " ; and prescribing a forfeiture ; and providing that 
 " the chancellor, treasurer, barons of the exchequer, justices of either 
 bench, and justices assigned to take assizes, shall admit such plaints 
 by writs and without writs, and shall determine them.""' 
 
 ig. Of the parliaments of 1319, 1320 and 1321 ; sentence in parlia- 
 ment of fuly, 1321, against the Despensers. 
 
 In I3i9<a parliament called to meet May 6th, sat at York till the 
 25th. Edward was obliged to retire from the seige of Berwick and 
 to conclude a truce for two years."* 
 
 During this truce he, leaving Pembroke regent, in 1320 sailed for 
 France June 19, and returned July 22."° Gaveston's fate not having 
 taught Edward wisdom, Gaveston's place in his regard had now been 
 taken by Hugh Despenser, the younger. Though Hugh and his 
 father were neither foreigners nor upstarts, yet they were subject to 
 charges as fatal as those which had overwhelmed Gaveston. Trou- 
 bles, which may have begun in the parliament that passed the statute 
 of Westminster the fourth (touching sheriffs and juries),"^ were con- 
 spicuous in the next year. 
 
 A full parliament was called May 15 to meet at Westminster July 
 15th."' Charges against the Despensers were then formally stated.'** 
 
 I'lia Edw. 2 (1318), I Stat, of the returns, i Stat, ofthe Realm, 177 to 179. 
 
 Realm, p. 177 to 179; i Statutes, Re- "'/af., p. 176. The statute as to "the 
 
 vised edi., 1870, p. 121 to 124. manner of challenging essoins," is in Id., 
 
 "^i. "That the tenants in assize of pp. 217, 218. " Statute for view of land 
 
 novel disseisin from henceforth may and essoin in the king's service;" and 
 
 make attorneys;" 2, as to "when a "Statute concerning the Great assizes 
 
 deed, release, acquittance, or other and battle" are in /a?., p. 218. 
 
 writing is denied in the king's court '" Id., p. 344, and notes, 
 
 wherein witnesses be named ;" 3, as to ^" Id., p. 344. 
 
 how "inquests may be taken in the ™ Id-, pp. 345. 346; i Stat, ofthe 
 
 country;" 4, as to what maybe done by Realm, 180, 181. 
 
 "justices of nisi prius;" S, as to an "'2 Stubbs's Const. Hist., ch. 16, 
 
 indenture between a sheriff and the p. 347. 
 
 bailiff of a franchise; and the sheriffs ™ i Stat, of the Realm, 181, 182. 
 and bailiffs putting their names with the 
 
 33 
 
514 Reign of Edward II [tit. v 
 
 " The sentence is passed in the name of the peers, in the presence 
 of the king; father and son are condemned to forfeiture and exile, 
 not to be recalled but by the assent of prelates, earls and barons, and 
 that in paliament duly summoned. The award was accompanied by 
 a formal grant of pardon to the prosecutors for all breaches of the 
 law committed in bringing the accused to justice."™ 
 
 20. Of conduct to the Queen at Leeds Castle, in October, 1321. 
 How Bartholomew lord Badlesmere was tried and punished. 
 To whom the term 'justiciarius regis' was now applied. 
 
 In October, 1321, at Leeds Castle, "Queen Isabella suddenly 
 appeared late in the evening and demanded lodging for herself and 
 a very considerable retinue." The Castellan, Walter Colepeper, 
 refused to admit her; and she was forced to obtain a lodging for the 
 night in the neighbourhood. She complained to the king / and he 
 assembled a force for punishing the contemptuous and insulting treat- 
 ment to which his Queen had been subjected. The besieged, find- 
 ing that they were not to be succoured, surrendered on the first of 
 November. Of them Walter Colepeper and twelve others suffered 
 ■ death.'™ Afterwards, " Bartholomew lord Badlesmere, at Canter- 
 bury, April 14," was tried "by the king's justices and condemned."'^ 
 
 Referring to a passage in Leland's Collectanea (i., p. ii, 275J, and 
 the statement by Gervas of Canterbury, as to Geoffrey de Say and 
 William, de Dyne (or Dyve) that they were sent into Kent to enquire 
 ^de fautoribus Badelesmer' and are called 'justiciarii regis,' Mr. 
 Foss observes that "the term 'justiciarius regis' was at that time 
 applied not only to the judges of the two benches and the justices 
 
 "'2 Stubbs's Const. Hist., ch. 16, October 20th and 21st (Rot. Literaram 
 pp. 347, 348. Aug. 22, the parliament Patentium) ; at Rochester 22d and 23d; 
 separated. Id. Of the proceedings at Boxley 24th and 25th; and at Leeds 
 against the Despensers there is further 25th, 27th, 28th, 29th and 31st; No- 
 information in I State Tr. 23 to 38. vember ist, 2d, 3d and 4th. Here it 
 
 ^™From pages 112, 113 and 114 of appears that he was present at the siege, 
 
 " The History and description of Leeds and remained to take possession after 
 
 Castle, Kent, by Charles Wykeham Mar- the surrender." See also Miss Strick- 
 
 tin, Esq., M. P. F. S. A.;'' published at land's Queens of England, vol. 2, 
 
 Westminster in 1869. On page 116, pp. 135, 136, of Phila. edi., 1857. 
 there is the following as to visits of '*' 2 Stubbs's Const. Hist., p. 350, 
 
 Edward to Leeds : " He was at Eltham note 3 ; citing Pari. Writs ii, 284. 
 
•CH. xviii.J 1307 TO 1327. 515 
 
 of assize, but also to any others who were appointed on a special 
 judicial commission." "' 
 
 -21. How energy was developed in Edward's character. State of 
 things after the battle of Borough bridge, March 16, 1321-2 ; 
 the Earl of Lancaster condemned and beheaded. What had 
 been his idea of government. In parliament at York in May 
 1322 repeal of ordinances of ijii. What is now done as to 
 the Despensers ; and their pursuers. 
 
 What had occurred at Leeds Castle, and other circumstances, 
 •developed in Edward's character energy which had not been calcu- 
 lated upon. Early in December he obtained an opinion from the 
 convocation of the clergy that the proceedings against the Despensers 
 were illegal. At Gloucester, on the nth of February, 1321-2, he 
 felt himself strong enough to recall the favorites. Lancaster was 
 preparing to march southwards. Edward called a general levy to 
 Coventry on the 28th of February, with the purpose of intercepting 
 the earl; but the latter, having reached Burton on Trent with an 
 inferior force, turned and fled. 
 
 "The battle of Borough bridge, in which Sir Andrew Harclay 
 defeated and took captive the earl of Lancaster, was fought on the 
 i6th of March. There the earl of Hereford and four other barons 
 were slain. Six days after his capture, the great earl, in his own 
 •casde of Pomfret, before a body of Peers, with Edward himself at 
 their head, was tried, condemned and beheaded as a rebel taken in 
 arms against the king." '^ 
 
 " The earl of Lancaster had never understood the crisis through 
 which the nation was passing. His idea was to limit the royal power 
 by a council of barons, to court the favour of the clergy, and to 
 diminish the burdens of the people; not to admit the three estates to 
 a just share in the national government. Hence, during his tenure 
 of power, few parliaments were called, little or no legislation, except 
 the ordinances, had been effected."'^ 
 
 Li parliament at York^^* in three weeks from Easter, 15 Edw. 11, it 
 
 i82Foss's Biogr. Jurid., p. 227. i" Id., pp. 350, 351. 
 
 iM"And convicted of dealing with ^^This parliament sat in 1322, from 
 the Scots." 2 Stubbs's Const. Hist., ch. the 2d to the 19th of May; then the 
 16, p. 349. "The minor leaders fell, one commons were dismissed; but the mag- 
 by one, into the king's hands." Id., nates continued in council till July 7. 
 p. 350. "Earls of Kent, Richmond, i Stubbs's Const. Hist., ch. 16, p. 351, 
 Pembroke, Warenne, Arundel, Athol and note. 
 and Angus, were present." Id., note 5. 
 
516 Reign of Edward II [tit. v 
 
 was considered that the ordinances made in 5 Edw. II (§ 8, p. 4"94) re- 
 strained the King's power contrary to what ought to be: it was 
 declared that all things ordained in said ordinances shall for time to 
 come lose their form and effect, and statutes and establishments duly- 
 made before said ordinances shall be 'abiding in their force'; and 
 that matters to be established for the estate of the king and of the 
 realm and of the people "shall be treated, accorded and established 
 in parliaments " by " the King and by the assent of the prelates, earls 
 and barons, and the commonalty of the realm ; according as it hath 
 been heretofore accustomed." 
 
 By judgment rendered in the same parliament at York, the award 
 (mentioned in § 19, p. 514) against Sir Hugh le Despenser, the son, and 
 Sir Hugh le Despenser, the father, as to their exile and disinheritance 
 was annulled and defeated, and in the same parliament at York it 
 was declared that the assent to the pardon mentioned in § ig, p. 514, 
 was given for dread of the great force brought to the parliament; 
 and the said pardon was repealed and annulled.^'^ 
 
 22. Of John de Stratford; among legal persons to advise the council 
 or parliament ; appointed chief judge of the court of Arches ; in 
 1323 m,ade by the pope bishop of Winchester. Proceeding 
 against him, in the king's bench; the case removed to parlia- 
 ment in Feb. 1324. 
 
 John de Stratford was born at Stratford-on-Avon, in Warwick- 
 shire; and had property there. At Oxford he was educated at 
 Merton College; and took the degree of Doctor of Laws.^^' 
 
 "That he occupied some official position as early as the year 1317 
 (10 Edw. II), there can be little doubt, as he was summoned among 
 certain judges and other legal persons to advise with the council on 
 various important subjects. In like manner he was summoned to 
 parliament in the four following years ; and from the place in which 
 his name occurs, it would seem that he was either an officer of the 
 Exchequer, or perhaps a clerk in the Chancery." 
 
 1^1 Stat, of the Realm, p. 185 to 1 90; ^^'He is believed to have been the 
 
 Green's Hist, of Engl. Peop., book 4, nephew of Ralph Hatton de Stratford, 
 oh. I, p. 389, of vol. I. bishop of London. Foss's Biogr. Jurid. 
 
CH. XVIII.] 1307 TO 1327. 517 
 
 After which is the statement below.'^ Then there is by Mr. Foss 
 a slip which is in contrast with his general accuracy. He says of 
 John de Stratford : 
 
 "Archbishop Hubert Walter appointed him dean or chief judge 
 of his court of Arches, in which office he exhibited, not less in his 
 knowledge of law than in the adjudication of the cases before him, 
 the quickest discernment and the most consummate prudence." 
 
 The appointment of John de Stratford as dean or chief judge of 
 the court of Arches, could not have been by Hubert Walter, arch- 
 bishop of Canterbury, the chancellor apd adviser of John; for, as 
 stated in ch. 13, § 2, pp. 236, 237, he died in 1205. But it may have 
 been by Walter Reginald (or Raynald), who in 1313 succeeded Robert 
 Winchelsey as archbishop of Canterbury. 
 
 From 1321 to 1323 John de Stratford " was engaged in frequent 
 embassies to the papal court at Avignon; and being there, on the 
 death of his colleague, Reginald de Asser, bishop of Winchester, on 
 April 12 (^JV. Fcedera ii, 462-515), in the latter year, he succeeded, 
 notwithstanding the king's urgent applications in favour of Robert de 
 Baldock, in obtaining a bull from Pope John XXII, dated June 20, 
 1323, conferring > upon him the vacant bishopric. The king's anger 
 was excessive. He remonstrated with the pope, issued directions to 
 the bailiffs of the different ports to arrest any megsengers coming 
 into England with letters on the subject, and expressed the bitterest 
 rancour against the new-made prelate, calling him in one of his mis- 
 sives 'pseudo nuntium ' and 'adversariu-m nostrum' and dismissing 
 him from his ambassadorial functions in terms of indignation. On 
 his arrival in England, proceedings were immediately commenced 
 against him, in the court of King's Bench, which were removed to 
 the parliament summoned for Feb. 1324; in them he was addressed 
 merely by his name, without the episcopal title, an omission which 
 he, in his answers, was most careful always to supply. No further 
 record of the process appears." '^' 
 
 is8«0ii Sept. 13, 1319, he was ad- be void on the death of the king or the 
 
 mitted to the archdeaconry of Lincoln bishop; even of the other ;£■ 2,000, no 
 
 (Le Neve. 156); and in Dec. 1321, he was part was claimed during that reign; 
 
 sent on a mission to the pope in the " for from that time he enjoyed the full 
 
 affairs of Scotland." Id. confidence of the king, by whom he was 
 
 '^ By the pope's intercession, Strat- employed in his negotiations with the 
 
 ford was at last reluctantly recognized, court of France, and to whom he faith- 
 
 and had his temporalities restored by a fully adhered when others had deserted 
 
 patent of June 28, 1324. It seems there the royal cause." Foss's Biogr. Jurid. 
 
 was a bond of the bishop to pay the In 4 Edw. Ill, " it is enacted that one 
 
 king ;^ 10,000, of which ;^8,ooo was to recognizance of ;£'2,ooo, which the 
 
518 Reign of Edward II [tit. v 
 
 23. Chancellorship of John Salmon from Jan. 26, 1320, until the' 
 summer of 1323. Robert de Baldock raised to the chancellor- 
 ship Aug. 20, 1323. Statutes of 1323 and 1324, and others of 
 uncertain date. May 26, 1324, William- de Ayremynne became 
 keeper of the King's Privy Seal, and was succeeded as Master of 
 the Rolls by his brother Richard de Ayremynne, who on fuly 4, 
 132^, was succeeded by Henry de Cliff. Of the custody of the 
 Great Seal in the Chancellor' s absence. 
 
 , Although fohn Salmon, bishop of Norwich, who was appointed 
 chancellor Jan 26, 1320, retained the office three years and a half, yet 
 he seems to have been so much a sufferer from ill health, that the 
 business of the chancery was frequently performed by others. 
 Robert de Bardelby™ is often styled one of the 'gardiens du Seal.' 
 Into the castody oi Roger de Northburg^^^ (mentioned in § 13, p. 503) 
 as keeper of the wardrobe, the king, on the 13th of April, 1321, in con- 
 sequence of the chancellor's illness, delivered the Great Seal.'''' The 
 delivery of the Seal on the 5th of June, 1323, to the custodes 
 directed to act for John Salmon as chancellor, (he being then con- 
 fined to his bed,) ''* may be considered as the date of his ultimate 
 retirement, although the new chancellor was not named till the 20th 
 
 bishop of Winchester stood bound to {cttstos targice), and was in April, 1316, 
 
 pay to King Edward, the second should keeper of the wardrobe. Id. 
 
 be void." Cotton's Abr., p. 9, after No. '^^ It seems that " writs were then 
 
 24. sealed in the presence of him and two 
 190 From 30 Edw. I to 15 Edw. II of the clerks in chancery, after which 
 
 {1321), he was a clerk of the chancery, the Seal was replaced in the wardrobe, 
 
 and acted under no less than eight chan- where it remained at that and a subse- 
 
 cellors, and, during this period, was one quent period." He became, in 1317, 
 
 of those entrusted with the keeping of archdeacon of Richmond, and, in 1322, 
 
 the Great Seal in the chancellor's bishop of Lichfield and Coventry. Id. 
 
 absence, or in a temporary vacancy of i^^ He recovered from that sickness ; 
 
 the office. Of the others, under whose for, in the following year, he went as 
 
 seals the Great Seal was placed during ambassador to the court of France, and 
 
 part of this time, one was Geoffrey de succeeded in negotiating ». peace be- 
 
 Welleford; another was Robert de tween the two kings. His health, 
 
 Askeby; yet another was William de however, again failing, he died at the 
 
 Cliff. Foss's Biogr. Jurid. priory of Folkstone, July 2, 1325, having 
 
 19' He, in 1314, accompanied Edw. II presided over his diocese for nearly 26. 
 
 to Scotland as keeper of the royal signet years. Id. 
 
CH. XVIII.J 
 
 1307 TO 1327. 
 
 51& 
 
 of August following. On that day Robert de Baldocky^ was raised 
 to the chancellorship.'*' 
 
 Many "Statutes of uncertain date" are mentioned below."" The 
 date of all of them is considered as previous to Edw. Ill ; and of some 
 is more precise. There was in 16 Edw. II (1323) a 'statute for 
 estreats of the Exchequer.' '" The Statute ' of the King's. Preroga- 
 tive' was in 17 Edw. 2 (1324)."^ And 'The view of Frankpledge' is 
 attributed to 17 or 18 Edw. 2.'°' 
 
 In 16 Edw. II (1323) is " statuium de foma mittenda extractas ad 
 scaccarium " whereby the king sends to " William de Ayremynne, 
 keeper of the rolls of our chancery, and his companions, keepers of 
 our Great Seal" a form "according to which the estreats of our 
 chancery, which shall be annually delivered at our Exchequer, ought 
 hereafter to be made."™ 
 
 In 1324, although on May 26 William de Ayremynne resigned, 
 and his brother Richard de Ayremynne^^ was appointed to the office 
 
 '^In 1314, 8 Edw. II, he became 
 archdeacon of Middlesex. He filled 
 probably from that time, and certainly 
 two years afterwards, .some oifice about 
 the court, as from Feb. 1 3 17 he was 
 regularly summoned to the council and 
 parliaments, among the judges and other 
 legal personages. In June, 1320, he 
 was keeper of the king's Privy Seal, 
 and in the following year was sent by 
 the king and council, with other solemn 
 envoys, to treat for a peace with the 
 Scots at Bamborough. Id. 
 
 ^Id. 
 
 '"'^1 'Statutes Revised,' edi. 1870, 
 p. 124 to 140. "Statutes of the Ex- 
 chequer" are p. 124 to 1 26. 'Statute 
 concerning bakers, &c.,' p. 127. ' Statute 
 concerning conspirators,' p. 127 to- 129. 
 ' Statute concerning tenants by the cur- 
 tesy of England,' p. 129 to 130. 'That 
 the Rector do not cut down trees in the 
 churchyard,' pp. 130, 131. 'Of the 
 King's Prerogative,' p. 131 to 134. 
 
 ' The manner of doing homage and 
 fealty,' p. 134. ' Statute concerning 
 wards and reliefs,' pp. 135, 136. 'Of 
 the chattels of felons,' pp. 136, 137. 
 ' The view of Frank pledge,' p. 138 to 
 140. 
 
 1'" I Stat, of the Realm, p. 190 to 192. 
 
 ''8 Id., pp. 226, 227. This statute is- 
 expounded in i and 2 Ph. & M. in Ful- 
 merston v. Steward, Plowd. 209 ; and 
 in 2 Eliz., Stradling v^ Morgan, Id.y 
 204. 17 E. II, ' Stat, de templariis' is 
 cited in the margin of Co. Lit., 13 *. 
 ' Stat, de terris Templariorum,' 1 7 Edw. 
 II, fs mentioned in the Supreme Court 
 of theU. S. at Dec. T. 1855, in Bacon, 
 &'c. V. Robertson, dr'c., l8 How. 483. 
 
 ™ I Stat, of the Realm, p. 246. 
 
 '"'' I Stat, of the Realm, p. 190 to 192. 
 
 ^°i Probably one of the clerks of the 
 chancery, as on Dec. 2, 1319 (13 Edw. 
 II), he is recorded as being present at a 
 delivery of the Great Seal. Foss's. 
 Biogr. Jurid. 
 
520 Reign of Edward II [tit. v 
 
 of Master of the Rolls, yet, the former having become keeper of the 
 king's Privy Seal, the Great Seal was in August, during the chan- 
 cellor's temporary absence, committed to William's custody; on 
 Nov. 1 6 it was placed in Richard's custody, under the seals of two 
 other clerks, till December 12.^°^ 
 
 Henry de Cliffy was on July 4, 1325, (being then a canon of 
 York) raised to the office of Keeper or Master of the Rolls.™' 
 
 24. Appointments in 132^ and 1324. of barons of the Excheqtier, and 
 judges of the King's Bejich and Common Pleas, hi March 
 1323-4 Hervey de Staunton was superseded as Chief fustice of 
 the King's Be7ich and reappointed chancellor of the Exchequer. 
 In filly 1323 William Melton, archbishop of York, was consti- 
 tuted treasurer of the Excheqiier. 
 
 In 1323 Robert de Ayleston'^'''' became a baron of the Exchequer 
 
 May 21; and William de Eulburn^'^ June 1.™ On the 9th of July 
 
 Walter de Erisheney leit this court™ and was appointed a judge of 
 
 the Common Pleas.^"' In September Edmund de Passele (or 
 
 ''■^'Yhs i:ihi:ac^QX, Robert de Baldock, ^"^ Canon of Salisbury in 1323, 17 
 
 being then engaged on a mission to the Edw. II. He was keeper of the Privy 
 
 Scots. Id. Seal, and was employed in various coun- 
 
 203 Accompanied the king abroad in ties to try the sheriffs and others accused 
 
 May, 1313 {^N. Fmdera ii, 215). He is of malversation and oppression. Foss's 
 
 first mentioned in connection with the Biogr. Jurid. 
 
 Chancery in May, 13 17, when during ^oejjeheld an office in the court, and 
 the absence of the chancellor, {jfokn de was sent into Cambridgeshire and Hun- 
 Sandale, bishop of Winchester,) the tingdonshire to instruct and assist the 
 Great Seal was left in the bishop's house sheriffs in arresting the Knights Temp- 
 in Southwark, in charge of Master Henry lars ; and he was employed on special 
 de Cliff. Afterwards, till 1324, he' was commissionsforthe trial of offenders. Id. 
 usually one, and, from 1321 to 1324, "" He continued in this office during 
 William de Herlaston was frequently the remainder of the reign. Id. 
 another of the clerks in chancery, under ^"^ Besides being frequently employed 
 whose seals the Great Seal was secured as a justice in the country, he was one of 
 during the occasional absences of the those empowered to pronounce judgment 
 chancellors. William de Herlaston yfizs, upon the Mortimers in 16 Edw. II. Id. 
 in the latter part of this reign, keeper of ™' He remained in this court till the 
 the king's Privy Seal. Id. end of the reign. Id. 
 
 204 
 
 Id. 
 
CH. XVIII.J 
 
 1307 TO 1327. 
 
 521 
 
 Passelewe) ''"' was constituted a baron of the Exchequer'" (on the 
 20th) ; and Goeffrey le Scrope^^^ a judge of the Common Pleas, (on 
 the 27th)."' Henry le Scrope, after retaining the office of chief justice 
 of the King's Bench for above six years, was superseded ^^* about 
 September 1323, by Hervey le Staunton. The latter (after retaining 
 the office a few months) was superseded the 21st of March by 
 Henry's brother, Geoffrey le Scrope^^ and was five days afterwards 
 reappointed Chancellor of the Exchequer. '"^ If John de Stonore 
 was a justice of the King's Bench in 17 Edw. II (1323-4) it was but 
 for a short time, for on May 3, 1324, he was again constituted a 
 judge of the Common Pleas. In the same year (1324) Humfrey de 
 Waledene was restored (Jan. 18) to his place on the Exchequer 
 bench,'" and William de Everdon"^^^ became a baron.''" 
 
 On July 3, 1325, William de Melton, archbishop of York, (men- 
 tioned in §§ I, 2, 7, pp. 485, 493) was constituted treasurer of the 
 Exchequer."" 
 
 ^"In 16 Edw. I, one of the commis- 
 sioners to enquire as to the damage done 
 by the overflowing of the sea in the 
 Isle of Thanet; in 3 Edw. II, specially 
 employed by the king and council to 
 attend to the king's pleas, and desig- 
 nated a Serjeant. From that, till the 
 l6th year, he wds frequently engaged as 
 a justice of assize. Id. 
 
 211 The duties of which he continued 
 to perform till the end of the reign. Id. 
 
 ^'^ Son of Sir William le Scrope, and 
 brother of Henry le Scrope. In the par- 
 liament in Jan., 1316,9 Edw. II, he is 
 mentioned as suing for the king; and 
 there being a grant for his expenses, he 
 is called Serjeant. In that character he 
 was evidently summoned to the councils 
 and parliaments of the seven subsequent 
 years, and was occasionally added to 
 some judicial commissions for the trial 
 of offenders. In 14 an^ 16 Edw. II, he 
 was employed in negotiating with the 
 Scots. Foss's Biogr. Jurid. 
 
 '"'Fines were levied before him till 
 the following Hilary Term. Id. 
 
 '"In the same year he was made 
 
 custos of the forests beyond the Trent, 
 which office he retained at the com- 
 mencement of the next reign. Id. 
 
 215 He presided in the King's Bench 
 till the end of the reign. Id. 
 
 ^^^Id. 
 
 ^1' He acted during the remainder of 
 the reign. Id. 
 
 218 He was appointed Octo. II, 13 1 1, 
 treasurer's remembrancer, and had 40 
 marks per annum for himself and his 
 clerks. In 10 Edw. II, he had an addi- 
 tional grant of ;^20 a year de dono, for 
 his good service, until the king should 
 provide him with an ecclesiastical bene- 
 fice suitable to his degree. Id. 
 
 "i'He acted till the end of the 
 reign. Id. 
 
 '2" As the king's friend, he was dis- 
 placed on the transfer of the crown in 
 Jan., 1327. During the troubles in the 
 preceding year, his chapel was broken 
 into, and his episcopal ornaments, in- 
 cluding his pall, were stolen, and 
 messengers were sent to the pope with 
 the king's request for a new one. 
 Foss's Biogr. Jurid. 
 
522 Reign of Edward II [tit. v 
 
 25. 0/ Edward II and his Queen, their son Edward and Roger 
 Mortimer from the summer of 1324 until the winter of 1326-7. 
 Of the Despensers, Robert Baldock the chancellor, Walter 
 Stapledon the treasurer, Robert de Ayleston chancellor of the 
 Exchequer, and Hervey de Staunton chief justice of the Com- 
 mon Pleas. Fate of Stapledon and the Despensers. How the 
 king's son, Edward, was made (in October, 1326) guardian of 
 the kingdom ; fohn de Stratford {Nov. 6) locum tenens of the 
 treasurer ; the king and his chancellor captured Nov. 16. How 
 and when the Great Seal was obtained from, the king, brought 
 to the queen and placed in William de Ayremynne's hands. 
 How long custody of the seal was with him and Henry de Cliff,, 
 master of the Rolls. How and when Edw. II was deposed. 
 
 Edward's weakness was, more than ever, conspicuous in the latter 
 part of his reign. The king had fallen into contempt. Hatred of 
 the Despensers and other favorites had risen to a high pitch ; Robert 
 Baldock, the chancellor, sharing the odium of the rest. The law was 
 unexecuted ; Roger Mortimer, the most important of the great prisr 
 oners of state, was suffered to escape from the Tower (Aug. i, 
 1324).''" In him the Queen, on going to France (May, 1325), found 
 a counsellor, perhaps a lover. Young Edward having sailed Sept. 
 12, 1325, to perform the ceremony of homage as to foreign estates,, 
 was soon at his mother's side. She arranged for his marriage with 
 the daughter of the count of Hainault ; and obtained an escort and 
 force for the invasion of England "'^ Walter Stapledon, the bishop 
 of Exeter, who had been sent to France in the retinue of young 
 Edward, returned home. By order to him as treasurer, the queen's 
 estates were taken into the king's hands.'^'^ 
 
 221 Miss Strickland's Queens of Eng- vol. 2, p. 139 to 152, of Phila. edi., 
 
 land, vol. 2, p. 138, of Phila. edi.,- 1857. As to hov? money viras obtained 
 
 1857 ; 2 Stubbs's Const. Hist., ch. 16, to defray the expenses of the expe- 
 
 p. 354, note 3. dition, which placed Edvc. Ill upon 
 
 '^'^'^lA., pp. 356, 357. The king, by the throne, see^Orig. Let., 3d series, 
 
 his letters, desired the return to Eng- by Sir H. Ellis, (Lond., 1846,) vol I^ 
 
 land of his wife and son, and ordered p. 39 to 43. 
 
 his son not to assent to any marriage. ^'2 Stubbs's Const. Hist., ch. i6, 
 
 3 Lingard's Engl., ch. 4, p. 335; p. 358, note 2. 
 Miss Strickland's Queens of England, 
 
CH. XVIII.] 1307 TO 1327. 523 
 
 In 1326, on July 18, Hervey de Staunton was constituted chief jus- 
 tice of the Common Pleas ; and gave up the seals of the Exchequer ; '"* 
 and Robeft de Ayleston became chancellor of the Exchequer /^° 
 
 September i, John de RadesweW'^ (or Redeswell) was made a 
 baron of the Exchequer.''" 
 
 William de Ayremynne xtxaaxa^dL in France ™ till he accompanied 
 Queen Isabella on her landing in England in September. On the 
 24th Isabella landed in Suffolk, proclaiming herself the avenger of 
 earl Thomas and the enemy of the Despensers ; the charges in her 
 proclamation issued at Wallingford, Octo. 15, are particularly against 
 the Despensers and Baldock. But Stapledoft.on that day (Octo. 15) 
 at London, fell a victim to the violence of citizens. Unable to defend 
 himself, the king fled first to Gloucester. Pursued thither, he passed 
 into Wales;"''' failing to get to Ireland, he took refuge at Neath 
 abbey .^ The queen, having marched by Oxford, Gloucester and 
 Berkely, arrived at BristoP^ on Octo. 26; and there had Hugh le 
 Despenser, earl of Winchester, hanged.^'' 
 
 ^*He died about the time the king ment. In addition to the valuable rec- 
 
 was deposed, and was buried in St. tory, he successively received canonries 
 
 Michael's church, Cambridge ; he having in the cathedrals of St. Paul, Lincoln, 
 
 founded the house of that name (now -York, Salisbury and Dublin; and 
 
 incorporated into Trinity College, where through the influence of Queen Isabella, 
 
 his name is introduced into the grace he obtained the papal nomination to the 
 
 after dinner), and endowed it with the vacant See of Norwich, and was conse- 
 
 manorof Barenton. Foss'sBiogr. Jurid. crated in France Sept. 15, 1325. Foss's. 
 
 225 Whereby, it seems he vacated his Biogr. Jurid. 
 
 seat on the bench. Id. 229 2 Stubbs's Const. Hist., ch. 16, 
 
 ^"^ Probably the complainant in the pp. 358, 359. 
 
 suit as to illegitimacy, mentioned in ch. ^S" In Glamorgan county, 198 miles 
 
 16, \ 19, p. 414. In 18 Edw. II, he is from London, 30 from Brecknock, 8 
 
 mentioned as ' senescallum regis' and from Swansea, and 6 from Aberafon. 
 
 principal custos of the lands and tene- ^'^ 120 miles from London, 
 
 ments of Queen Isabella in England and ''^^2 Stubbs's Const. Hist., ch. 16, 
 
 Wales. Id. pp. 359, 360. He was created earl of 
 
 ^' He held this office only for the few Winchester in 1322. Foss's Biogr. Jurid. 
 
 remaining months of the reign. Id. The gallant old man was ninety. Miss 
 
 228 His preferment in the church had Strickland's Queens of England, vol 2, 
 
 been no less rapid than his civil advance- p. 15S, of Phila. edi., 1857. 
 
524 Reign of Edward II [tit. v 
 
 A record ^^' recites that "the king having left his kingdom without 
 government, and gone away with notorious enemies of the queen, 
 prince and realm; divers prelates, earls, barons and knights, then 
 being at Bristol, in the presence of the said queen and duke (Prince 
 Edward, duke of Cornwall), by the assent of the whole commonalty of 
 the realm, there being, unanimously elected the said duke to be 
 guardian of the said kingdom ; so that the said duke and guardian 
 should rule and govern the said realm, in the name and by the 
 authority of the king his father, he being thus absent.'"^ 
 
 At Bristol, on Octo. 25, writs were issued for a parliament to meet 
 Dec. 15; stating that the king would be on that day absent from the 
 kingdom, but that the business would be transacted before the queen 
 and her son, as the guardian of the realm, fohn de Stratford, bishop 
 of Winchester, was, on Nov. 6, constituted locum tenens of the treas- 
 urer, and remained so for a short time. On Nov. 16 the king was 
 captured, with Hugh le Despenser, the younger, and the chancellor 
 Baldock. Hugh, on the 24th, suffered death at Hereford.^ 
 
 "The king being" "brought back into England, the power" "dele- 
 gated to the guardian ceased of course ; whereupon the bishop of 
 Hereford was sent to press the king to permit that the Great Seal, 
 which he had with him (the prince having only used his private seal), 
 should be used in all things that required it. Accordingly the king 
 sent the Great Seal to the queen and prince. The bishop is said to 
 have been thus commissioned to fetch the seal by the prince and 
 
 ^^^In Brady's Hist, of Engl., vol. ii, sence." 2 Const. Hist., ch. 16, p. 360, 
 
 Appendix, p. 66, and in Rymer, t. iv, note l . Mr. Hallam is " satisfied that 
 
 p. 1237, which are both cited in Hall. the commons' assent was pretended in 
 
 Mid. Ages, ch. 8, part 3, p. 94, of vol. 2, order to give more speciousness to the 
 
 Phila. edi., 1824. transaction ;" but says :" As the proceed- 
 
 ^'* Id. Mr. Stubbs C'tes Feed, ii, 646, ing, however violent, bears evident 
 and Pari. Writs ii, 549; and mentions marks of having been conducted by 
 that " the archbishop of Dublin, the persons conversant in law, the mention 
 bishops of Winchester, Ely, Lincoln, of the commons may be deemed a testi- 
 Hereford and Norwich, the earls of Nor- mony to their constitutional right of par- 
 folk, Kent and Leicester, Thomas Wake, ticipation with the peers in making pro- 
 Henry de Beaumont, William la Zouche vision for a temporary defect of what- 
 of Ashby, Robert of Montalt, Robert de ever nature in the executive govem- 
 Morle, and Robert de Wafeville with ment." Hall. Mid. Ages, ch. 8, p. 3 to 
 others, by assent of the whole 'commu- 94, of vol. 2, Phila. edi., 1824. 
 nitas' of the kingdom, elected Edward "^^2. Stubbs's Const. Hist., ch. 16, 
 to be ' custos' in the name and by the p. 360. 
 authority of the king during his ab- 
 
CH. XVIII.] 1307 TO 1327. 525 
 
 queen, and by the said prelates and peers, with the assent of the said 
 commonAlty then being at Hereford y^ 
 
 On Nov. 20, Adam Orleton, bishop of Hereford, was sent to 
 demand the Great Seal from the king, who was then at Monmouth • 
 he brought it on the 26th to the queen at Hartley; on the 30th, at 
 Cirencester, it was placed in the hands of William de Ayremynne 
 bishop of Norwich. New writs were drawn up for a meeting of par- 
 liament ; the meeting being postponed till after December.^' 
 
 Henry de Cliff, keeper or master of the Rolls, was on the 17th of 
 that month, commanded to add his seal to that of the bishop of 
 Norwich for the custody of the Great Seal ; they, together, transacted 
 the business till after the accession of Edward III, and his appoint- 
 ment of a chancellor.'^^ 
 
 In 1326-7, on Jan. 7, the parliament met; the king being a prisoner 
 at Kenilworth. Young Edward was led into Westminster Hall and 
 declared king by the people. The reasons for crowning him were in 
 six articles, drawn up by Bishop Stratford, containing charges against 
 Edward II. Though the charges were taken as proved by common 
 notoriety, yet it was thought advisable to send a committee to give 
 notice to the king of the election of his son, procure from the king a 
 resignation of his crown, and if he refused, give him back their 
 homage, and act as circumstances might suggest. To the speech 
 delivered to him at Kenilworth on Jan. 20, he made an answer, of 
 which there are two accounts : one being that no act of his could be 
 deemed free as long as he remained a prisoner, but he should 
 endeavour to bear patiently whatever might happen : — the other, that 
 he was sorry for having given such provocation to his people; sub- 
 mitted to what he could not avert; and thanked the parliament for 
 having continued the crown in his family. Whereupon Sir William 
 
 ''^ Mr. Hallam adds : " It is plain attached to the forms of the constitution 
 
 that these were mere words of course, at this period," Hall. Mid. Ages, eh. 8, 
 
 for no parliament had been convoked, pt. 3, p. 94, of vol. 2, Phila. edi., 1824. 
 
 and no proper representatives could have 2" 2 Stubbs's Const. Hist., ch. 16, 
 
 been either at Bristol or Hereford. p. 360. 
 
 However, this is a. very curious record, ^'^ Foss's Biogr. Jurid. 
 
 inasmuch as it proves the importance 
 
526 Reign of Edward III [tit. v 
 
 Trussel made an address, importing that as procurator of the earls, 
 barons and others, he rendered and gave back to Edward, once king 
 of England, their homage and fealty, and would thereafter not hold of 
 him as king, but account him as a private person. And Sir Thomas 
 Blount, the steward of the household, broke his staff of office and 
 declared that all persons engaged in the royal service were dis- 
 charged.^' 
 
 CHAPTER XIX. 
 
 INSTITUTIONS IN THE REIGN OF EDWARD III— 1327 
 
 TO 1377. 
 
 I. In January, i^zS-j, accession to the throne ; proclamation ; John 
 de Hotham bishop oj Ely, chancellor. In February, parliament. 
 OJ the standing council which it appointed; and the statutes 
 which it enacted. 
 
 The accession of Edw. Ill to the throne being on Jan. 24, 1326-7, 
 when his age was but fourteen years, two months and eleven days,^ he 
 may hot be responsible for the deceitful proclamation issued in his 
 name.'' Affairs of state were conducted by a council of regency.' 
 On the 28th John de Hotham, bishop of Ely, was entrusted with the 
 chancellorship ; * on the 29th the young king was crowned and the 
 proclamation reissued;^ on Feb. 3, he met parliament. Its first 
 
 239 2 Stubbs's Const. Hist., ch. 16, him to assume the government of the 
 
 p. 360 to 363 ; 3 Lingard's Engl., ch. 4, kingdom. 2 Turner's Engl., ch. 4, 
 
 p. 342 to 345; Green's Hist, of Engl. p. 164. 
 Peop., book 4, ch. i, pp. 391, 392, of 'Jd., p. 165. 
 
 vol. 1 . * Foss's Biogr. Jurid. 
 
 ^As stated inch. 18, \ 11, p. 500, he ^'ta this effect: "The Lord Edward, 
 
 was born Nov. 13, 1312. the late king had, of his own good will, 
 
 ^Assuring the nation that his father and by common counsel and assent of 
 
 had voluntarily abdicated, and wished the prelates, earls, barons, and other 
 
■CH. XIX.] 1327 TO 1377. 527 
 
 measure was to appoint a standing council for the king; in which the 
 .first place was held by Henry, earl of Lancaster, who knighted the 
 king and had him under nominal guardianship. Statute the first,* 
 after a recital as to Hugh Spenser, the father, and Hugh Spenser, 
 the son, and as to King Edw. Ill and his mother"; provides in 
 ■ch. I, "indemnity for those who took part with the king .and his 
 mother"; and in ch. 2 annuls "the repeal of the exile of the Spen- 
 ders." ' Chapter 3 begins with a general provision 
 
 " That the executors of the testament of all those that were of the 
 same quarrel shall have actions and recover the goods and chattels 
 of them, being of the said quarrel, whose executors they be, as they 
 of the same quarrel."' 
 
 Statute the second, in i Edw. Ill, provides in ch. i "that the great 
 charter of the hberties and the charter of the forest be observed and 
 kept in every article." Among the other chapters are the following: 
 
 XI. "The Commons do grievously complain that when divers 
 persons, as well clerks as lay people, have been indicted before 
 sheriffs in their turns, and after, by inquests procured, be deliv- 
 ered before the justices ; after their deliverance they do sue in the 
 •spiritual court against such indictors, surmising that they have 
 
 nobles, and of the commons of the the town of Burton? The answer is, 
 
 realm, removed himself from the govern- that ' the chancery and courts of justice 
 
 ment, and willed that it should devolve were still open, and the king had not 
 
 on his heir; by the same advice and displayed his banner.' Rot. Pari, ii, 
 
 consent the son had undertaken the 4, 5, New Rym." 
 
 task of ruling." 2 Stubbs's Const. -^Opposite the residue of ch. 3 are 
 
 Hist., ch. 16, p. 368. the words: " Assurances to the Spensers, 
 
 ^ld,,yp. 368, 369. &c., made by duress avoided." Ch. 4 
 
 ' I Stat, of the Realm, 251. In is as to " averment against the record in 
 
 4 Lingard's Engl., ch. i, p. z, is the a writ, of false judgment;" ch. 5, as to 
 
 following: "The judgments given "averment against false returns of 
 
 against the late earl of Lancaster and bailiffs of liberties ; ch. 5, as to " an 
 
 his adherents were reversed. Rym. iv., attaint as well upon the principal as 
 
 245-264; Rot. Pari, ii, 3-6; 52 Knight.% upon the damages in trespass;" ch. 7, 
 
 ^,556. The attainder against the earl of as to " inquiry concerning gaolers 
 
 Lancaster was annulled, because he had compelling prisoners to appeal;" ch. 8, 
 
 not been arraigned in the king's court as to " proceedings against offenders in 
 
 nor tried by his peers, 'though it was in forests." i Stat, of the Realm, 25r to 
 
 time of peace.' How could that be, 254. Chapters 4 and 5 of this first 
 
 when, with a large force, he had be- statute are in ' Statutes Revised,' pp. 
 
 sieged the castle of Tukill, and taken 140, 141, of edi. 1870. 
 
528 Reign of Edward III [tit. v 
 
 defamed them, to the great damage of the indictors, wherefore 
 many people of the shire be in fear to indict such offenders; the 
 King wills that in such case every man that feeleth himself grieved' 
 thereby, shall have a prohibition formed in the chancery upon his 
 case." 
 
 XIV. " Because the King desireth that common right be admin- 
 istered to all persons, as well poor as rich; he commandeth and 
 defendeth that none of his counsellors, nor of his house, nor none 
 other of his ministers, nor no great man of the realm, by himself 
 nor by other, by sending of letters, nor otherwise, nor none other 
 in this land, great nor small, shall take upon them to maintain quar- 
 rels, nor parties in the country, to the let and disturbance of the 
 common law." 
 
 XV. " For the better keeping and maintenance of the peace, the 
 King wills that in every county good men and lawful, which be no 
 maintainers of evil, or barretors, in the country, shall be assigned to 
 keep the peace." ^ 
 
 The parliament continued in session until the gth of March.'" 
 
 2. Appointments in ij2y to the court of Exchequer, King's Bench 
 and Common Pleas ; and to other offices. Especially of the 
 early life and offices of Richard de Bury {or de Az0igerville), 
 a future treasurer and chancellor. 
 
 On the accession of Edward III, there were reappointed to the 
 court of Exchequer, Walter de Norwich, as chief baron;" and Wil- 
 liam de Eulborn^'^ and William de Everdon^^ as barons. In 1326-7, 
 on Feb. 4, there was appointed as second baron, William de Boredon. 
 He probably died before Octo. 15; for on that Aay Robert de Not- 
 tingham. " was made second baron.'^ 
 
 Walter de Friskeney, who had been reappointed to the Common 
 Pleas," was placed on the King's Bench March 6, 1327." 
 
 "1 Stat, of the Realm, 255; 'Hale's ''He seems to have been living in 
 
 edi. of F. N. B., 184; Legal Judic. in 1328. Id. 
 
 Ch., pp. 224, 225. This second statute " He was appointed remembrancer of 
 
 is in I Revised Statutes, edi. 1870, the Exchequer June 21,1322 (15 Edw. 
 
 p. 141 to 143. H). Id. 
 
 ^"2 Stubbs's Const. Hist., ch. 16, '^He seems to have died or retired 
 
 p. 368. before April 16, 1329; on that day his 
 
 'J He retained the ofiSce till his death, successor was appointed. Id. 
 
 in 3 Edw. III. Foss's Biogr. Jurid. '^Jan. 31, 1327. Foss's Biogr. Jurid. 
 
 '* His name occurs last in a com- " Where he sat till Trin. T., in 2 Edw. 
 
 mission of May 11, 1328 (2 Edw. III). Ill; then is the last notice of him in the 
 
 Id. Year Book. Id. 
 
CH. XIX.] 
 
 1327 TO 1377. 
 
 529 
 
 Robert de Malberthorp is supposed to have been acting on the 
 King's Bench from March 7, 1327.^* 
 Robert Baynard}^ was raised to this bench March 9,1327.''° 
 
 Soon after the accession of Edward III, William de Herle was 
 made chief justice of the Common Pleas," and John de Mufford^ 
 John de Stonore^ and Walter de /riskeney^ were reappointed jus- 
 tices thereof. In 1327, on Feb. 5, there was a patent to Sir Henry le 
 Scrope, constituting him second Yxs'a.Q.e of this court — the first instance 
 of such a designation."^ In March, on the 6th, Walter de Friskeney 
 
 '8 Mr. Foss says : " His reappointment, 
 on the accession of Edward III, was 
 delayed on account of Queen Isabella's 
 indignation against him, in consequence 
 of his being concerned in the judgment 
 pronounced, five years before, upon 
 Thomas, earl of Lancaster. But he 
 obtained his pardon on March 7, 1327, 
 on the testimony of the prelates and 
 peers, that he gave that judgment by 
 command of the king, whom he did not 
 dare to disobey, and to avoid danger to 
 himself. Such is the disgraceful entry 
 on the patent of pardon. {N. Feeder a ii, 
 690.) It may be presumed, therefore, 
 that he was then permitted to resume his 
 judicial functions. We accordingly find 
 him acting as a justice of assize in this 
 first year, and sitting in court in Hilary 
 term of the second (Year Book.) On 
 Feb. 2, 1329, he was named in the com- 
 mission to try certain malefactors in the 
 city of London {N. Fcedera ii, 755)." 
 Biogr. Jurid. 
 
 ''This son of Fulco Baynard (men- 
 tioned in ch. 15, \ 12, p. 305, note 
 II,) was, so early as 18 Edw. I, 
 returned as knight of the shire for 
 Norfolk, and represented it till 20 Edw. 
 II. The custody of Norfolk was com- 
 mitted to him in 5 Edw. II. In the 
 two next years he was among the 
 magnates specially summoned to par- 
 
 34 
 
 Kament, but he may not have been a 
 baron ; in subsequent entries he is 
 merely called ' Miles.' He was one of 
 the conservators of the peace for the 
 county, and was employed as a commis- 
 sioner of array, and in assessing grants 
 made by parliament. To him also was 
 entrusted the custody of the bishopric of 
 Durham, in 131 1, on the death of An- 
 thony Bek. Foss's Biogr. Jurid. 
 
 ^ The writ directing payment of his 
 expenses as knight of the shire, in the 
 parliament of the preceding January, is 
 dated March 9, 1327, the same day 
 on which he was raised to the judicial 
 bench. He died in 4 Edw. Ill, in pos- 
 session of Hautboys, Whatacre, and five 
 other manors in Norfolk, leaving a son 
 named Fulk. Id. 
 
 ^'His patent is dated Feb. 4, 1327. 
 Foss's Biogr. Jurid. 
 
 ^^ He acted for the first three years of 
 the reign of Edw. Ill ; the last fine 
 before him is in Hilary 1329, in which 
 year he was buried in Norwich cathe- 
 dral. Id. 
 
 ^ Reappointed a few days after Edw. 
 Ill was proclaimed king ; Feb. 22, 1329, 
 made chief baron. Id. 
 
 2* Reappointed Jan. 31, 1327. Id. 
 
 ^5 The fines acknowledged before him 
 extend to Hilary, in the third year. Id. 
 
530 
 
 Reign of Edward III 
 
 [tit. V 
 
 ceased acting on this bench ; on the 24th there was a patent to John 
 de Bourchier (or Bousser) reappointing him a judge thereof.*^ 
 
 On the accession of Edward III, Adam de Lymbergh'" became 
 keeper of the privy seal; Richard de Ayremynne clerk of the privy- 
 seal;'' Thomas de Garten''^ comptroller of the king's household and 
 keeper of the wardrobe,™ and John de Houghton}^ (or Houtoii) clerk 
 of the keeper of the wardrobe.''' 
 
 Richard de Bury (or de Aungerville),'' was rewarded successively 
 
 ^ He by marriage with Helen, daugh- 
 ter and heiress of Walter de Colchester, 
 became possessed of Stansted, in Hal- 
 sted, and other manors in Essex. The 
 ■date of the last fine levied before him is 
 the morroiv of the Ascension, 3 Edw. 
 Ill (1329). He died soon after, leaving 
 tvFO sons, Robert and John, the former 
 of whom became chancellor. Id. 
 
 ^' Of a Lincolnshire family. He was 
 in 5 Edw. n (1311) a remembrancer of 
 the Exchequer; and, in 1321, constable 
 of Bordeaux, where he remained three 
 or four years. Id. 
 
 28 He is mentioned as such in 1327, 
 March i ; on the 8th he was appointed 
 •custos of the House of Converts for life, 
 which office had been filled by his 
 brother William. Richard resigned it 
 June 7, 1339. To his ecclesiastical pre- 
 ferments the chancellorship of the church 
 of Salisbury was added July 16, 1329 
 {or 1339) ; he probably died about 
 April, 1340. Id. 
 
 2' A member of the clerical profession ; 
 appointed, in 18 Edw. II, to assist the 
 bishops in removing foreign priests. Id. 
 
 ^"Id. 
 
 81 In early life connected with the 
 Exchequer. In 19 Edw. II, he accom- 
 panied the king to France in that char- 
 acter, and was then the parson of the 
 church of Postwick, a parish in Norfolk. 
 In that county he had the manor of 
 
 Wormegay, and considerable property. 
 Id. 
 
 '^He was advanced to be one of the 
 chamberlains of the Exchequer in 12 
 Edw. III. Id. 
 
 '^ This son of Sir Richard de Aunger- 
 ville, a town in Normandy, assumed- the 
 name of Bury from the place where (in 
 1 281) he was born, Bury St. Edmunds, in 
 Suffolk. Left an orphan, the direction 
 of his youthful studies and the general 
 care of his education devolved on his 
 uncle, John de Willoughby, a priest. In 
 due time he was removed to Oxford, 
 where he studied with so much dili- 
 gence that he became distinguished for 
 his learning and acquired the higher 
 character of being pure in his life and 
 manners. On leaving Oxford, he 
 entered the convent of Durham as a 
 monk. Thence he was withdrawn on 
 being selected (probably about 1319 or 
 1 320) as tutor of the king's eldest son. 
 His exemplary conduct in this position 
 was rewarded with the treasurership of 
 Guienne, where he was established 
 when Queen Isabella and his pupil, the 
 Prince, went to France in 1325. The 
 asylum he gave them there, and the 
 pecuniary aid he afforded out of the 
 royal treasures in his keeping, had nearly 
 proved fatal to him. For although the 
 latter may be said to have belonged to 
 the prince, as his father had transferred 
 
•CH. XIX.] 1327 TO 1377. 5S1 
 
 ■with the offices of cofferer, treasurer of the wardrobe and keeper of 
 the privy seal.'* 
 
 J. HI treatment of the ex- Chancellor Baldock, and the late King 
 {Edw. II). In 1327, the former died May 28; the late King 
 was inhumanly murdered Sept. 21. In 1328, Edward III mar- 
 ried; and there were four parliaments, one of which passed {in 
 2 Edw. Ill) the statute of Northam,pton. 
 
 The ex-chancellor, Robert de Baldock, being an ecclesiastic and 
 -committed to the custody of Adam de Orlston, bishop of Hereford, 
 remained at Hereford till February, when he was removed to the 
 bishop's house in London. There a mob invaded his prison, treated 
 him with violence and thrust him into Newgate, where, after lan- 
 guishing about three months, he died May 28, 1327.'^ 
 
 Persecution of Edward the Second only ceased with his life. From 
 Kenilworth to Corfe Castle, then to Bristol and afterwards to Berke- 
 ley Casfle, he was harrassed with contumelious treatment; at the 
 latter place, indignity and cruelty were continued until the 21st (or 
 22d) of September, 1327, when he was murdered in an inhuman 
 manner;'^ it was a deed of wickedness and barbarity of the deepest 
 ■dye; reflecting lasting disgrace and shame on all who took part in or 
 promoted it, or failed to do what they might and should have done 
 to prevent it. Parliament was sitting at Lincoln from Sept. 15 to 
 Sept. 23 ; " its session may have closed without its having knowledge 
 of the murder. The body was interred in the abbey of St. Peter, in 
 
 the duchy to him, yet he was pursued by chancellor of Ireland. Id. 
 
 emissaries of the Despensers, and es- '^ Foss's Biogr. Jurid. 
 
 ■caping to Paris, had to conceal himself ^ i Harl. Miscel., p. 91, of Lond. edi 
 
 for seven days in the belfry of the 1808; 2 Hume's Engl., ch. 14, p. 168 
 
 church of the Friars Minors in that city. of N. Y. edi. 1850; 3 Lingard's Engl. 
 
 ■On his pupil's accession to the throne, ch. 4, p. 347 ; i Mackintosh's Engl 
 
 he was retained near the king's person. p. 240, of Phila. edi. 1830 ; Miss Strick 
 
 Foss's Biogr. Jurid. land's Queens of England, vol. I, pp. 
 
 ^To this last the appointment may 161, 162, of Phila. edi. 1857. 
 
 not have been till about 5 Edw. Ill, "2 Stubbs's Const. Hist., ch. 16 
 
 when Adam de Lymbergh became p. 374. 
 
532 
 
 Reign of Edward III 
 
 [tit. V 
 
 Gloucester.'* Who were guilty of the murder came under consider- 
 ation in a future parliament.'' 
 
 At York, Jan. 24, 1328, the young king was married to Philippa of 
 Hainault.'"' About this time his sister Jane was affianced to David 
 (son of Robert of Scotland), a boy in his fifth year." 
 
 There were four parliaments in 1328: (i) at York, Feb. 7-March 
 5, in which the truce with the Scots was concluded; (2) at North- 
 ampton, April 24-May 14, in which the truce was confirmed and the 
 statute of Northampton^passed ; (3) at York, July 3i-August6; (4) 
 
 3^ 4 CoUyer's Engl., p. 56, of edi. 1775. 
 
 "In parliament at Westminster, the 
 Monday next after the feast of St. 
 Catharine, in 4 Edw. Ill, "Thomas of 
 Berkeley, Knight, was arraigned for the 
 death of King Edward the Second, for 
 that the said king was committed to the 
 keeping of the said Thomas and John 
 Mautravers at the castle of the said 
 Thomas at Berkeley, in Gloucester, 
 where he was murdered. The said 
 Thomas saith, that at the time of the 
 deatif of the said king he lay sick 
 at Beudley, without the said castle, and 
 was not consenting thereunto; he, 
 thereupon, did put himself in trial of 
 twelve knights there named, who found 
 the said Thomas not guilty, or that he 
 fled or withdrew himself thereupon, but 
 that he placed under him Thomas of 
 Gornay, and William Ogle, who mur- 
 thered the said king, Edward the 
 Second." Cotton's Abr., p. 8, of Lond. 
 edi. 1657. Mr. Turner says : " The 
 murderers fled on the perpetration of 
 this horrible enormity. One was taken 
 at Marseilles, and beheaded on his way 
 to England, that he might not impeach 
 his employers; the other escaped to 
 Germany, and lingered out there a clan- 
 destine and miserable existence, till he 
 obtained a pardon and permission to 
 return.'' Turner's Engl., edi. 1825, 
 
 book 2, ch. 3, p. 154 to 157; 3 Lin- 
 gard's Engl., ch. 4, p. 347, note. Of the 
 death of Thomas de Gournay, in 1332, 
 and the conveyance of his dead body 
 from Bayonne, there is an account by Dr. 
 Lingard in same volume, appendix (D), 
 P- 357 to 359. 
 
 "2 Stubbs's Const. Hist., ch. 16, 
 p. 370. Philippa having been married at 
 Valenciennes by procuration, embarked 
 for England, landed at Dover with her 
 suite, arrived in London Dec. 23, 1327. 
 Miss Strickland observes : " It was 
 necessary for the lady Philippa and her 
 escort to travel across England to meet 
 the royal bridegroom, who was then per- 
 forming his warlike noviciate on the 
 Scottish border, under the auspices of 
 his mother and Mortimer, agaiiist the 
 great Robert Bruce." Queens of Eng- 
 land, vol. 2, pp. 175, 176, of Phila. edi. 
 
 1857- 
 
 " 3 Lingard's Engl., ch. i, p. 6 to 8 ; 
 2 Stubbs's Const. Hist., ch. 16, pp. 370, 
 371. By this marriage peace between 
 England and Scotland was cemented. 
 Edward and Philippa "kept Easter at 
 York, and after the final peace with 
 Scotland they returned southward from 
 Lincoln to Northampton, and finally 
 settled in June at the beautiful summer 
 palace of Woodstock." Queens of 
 England, vol. 2, p. 176. 
 
CH. XIX.] 1327 TO 1377. 533 
 
 at Salisbury, Oct. 16-31. The last was adjourned and sat at West- 
 minster Feb. 9-22." 
 
 The statute made at Northampton ins Edw. Ill*" provides "that 
 the great charter and the charter of the forest be observed in all 
 points.'' Another of the chapters is 
 
 VIII. "That it shall not be commanded by the Great Seal nor the 
 little seal to disturb or delay common right; and though such com- 
 mandments do come, the justices shall not therefor leave to do right 
 in any point." 
 
 That "justices of assise shall be also justices of jail delivery " was 
 the subject of ch. 3, of 27 Edw. I." This is recognized in ch. 2 of 
 the statute made at Northampton. Others of its chapters are men- 
 tioned below.*" 
 
 4. In IJ28 John de Hotham retired from the chancellorship, and was 
 succeeded by Heyify de Burghersh, who had been treasurer. 
 Henry de Cliff continued Master of the Rolls. 
 
 fohn de Hotham, bishop of Ely, retired from the chancellorship 
 March i, 1328.*° If upon the accession of Edward IH, the bishop 
 
 ^2 Stubbs's Const. Hist., p. 371, ties and not let to ferm." Ch. 13 is of 
 
 note (4.) " Trespass in the late king's time." Ch. 
 
 '^ I Stat, of the Realm, 257, et seq. ; 14 is as to " Measure and assize of 
 
 I Statutes Revised, edi. 1870, p. 143 to cloths imported." Ch. 15 is as to "Keep- 
 
 ■ 148. ing of fairs for the time limited by char- 
 
 "i Stat, of the Realm, pp. 129, 130. ter," &c. Ch. 16 is, that "Inquests in 
 
 ^ Ch. 3 is as to " riding or going the country shall be granted on request 
 
 armed in affray of the peace." Ch. 4 of the tenant." Ch. 17 is as to "Writ 
 
 confirms Statute of Lincoln, 9 Edw. II, of deceit." 
 
 concerning sheriffs, &c. Ch. 5 confirms ^ During the remfiinder of his life he 
 
 Stat. Westm. 2 (13 Edw. I), ch. 39, devoted himself to the administration of 
 
 concerning delivery of writs to the his diocese. His expenditure for his 
 
 sheriff. Ch. 6 confirms Statute of Wyn- cathedral was enormous for those times : 
 
 ton (13 Edw. I). Ch..7 is of "Justices his confirmation to the see of the manor 
 
 assigned to enquire of felonies, rob- of Oldbourne, in London, is among the 
 
 beries, &c." Ch. 9 is as to "Staples liberal acts which illustrated his presi- 
 
 beyond the Sea and on this side." Ch. dency. During the last two years of his 
 
 10 is, "Pardon of fines for writs in life he was disabled by paralysis; he 
 
 chancery." Ch. 11 is "The Common died at his palace of Somersham Jan. 
 
 Bench, not to be removed without warn- 25, 1336, leaving a high character for 
 
 ing." Ch. 12 is, " Hundreds and piety, prudence and benevolence. Foss's 
 
 Wapentakes shall be annexed to coun- Biogr. Jurid. 
 
534 Reign of Edward III [tit. y 
 
 of Ely, as chancellor, and bishop Orlton," as treasurer, "undertook 
 the work of administration," *' it seems that neither continued long 
 in that work. For Orlton, in the summer of 1327, had been suc- 
 ceeded at the treasury by Henry de Burghersh,*" who, in May, 1328, 
 received the Great Seal on the bishop of Ely's resignation." ^ 
 
 While Henry de Cliff was in the office of Master of the Rolls" 
 the Great Seal was frequently entrusted to his custody. Sometimes 
 another person was associated with him as one of its keepers. Wil- 
 liam de Herlaston is mentioned as such in 2 Edw. Ill, and several 
 times during the following year," 
 
 5. Appointments in 1328, 1329 and 1330 to the Exchequer Bench^ 
 King's Bench and Common Pleas. Also as to justices itine- 
 rant, or of assize. 
 
 In 3 Edw. Ill (1329) John de Stonore,'vf\io had been a judge 
 of the Common Pleas, was made chief baron of the Exchequer 
 Feb. 22.^' 
 
 Robert de Wbdekouse^ was, on the i6th of April, replaced on the 
 
 *'Adam de Orlton, bishop of Here- mainder of the reign of Edw. II. 
 
 ford. Foss's Biogr. Jurid. 
 
 *82 Stubbs's Const. Hist., ch. 16, ^2 Stubbs's Const. Hist., ch. 16, 
 
 p. 368. ♦ p. 371, and note 2; Foss's Biogr. Jurid* 
 
 « His family derived its name from a In 1329 Burghersh accompanied the 
 
 manor in Sussex county. Its possessor, J^ing to France. Id. 
 in the reign of Edw. I, was Robert de Jioger de Northburgh, bishop of Lich- 
 
 Burghersh, constable of Dover Castle, field and Coventry, is mentioned as 
 
 and warden of the Cinque Po/ts, who holding the office of treasurer for two 
 
 died in 1306. Henry, born about 1290, short periods in 2 Edw. Ill and 14 Edw. 
 
 is described in Statutes of Oriel College, HI. 
 
 Oxford, as son of Robert de Burghasse, ^' For the first seven years of this 
 
 Knt., and Matilda, his wife. His uncle, reign. He died about the beginning of 
 
 Bartholomew de Badlesmere, of Leeds Jan. 1334. Foss's Biogr. Jurid. 
 Castle, Kent, was instrumental in pro- '^ William de Herlaston was a trier of 
 
 curing the king's intercession with the petitions in parliament as late as 21, and 
 
 pope to raise him to the see of Lincoln. a justice itinerant in 22 Edw. III. Jd. 
 He was consecrated bishop July 20, 1320 ^' Foss's Biogr. Jurid. 
 
 (14 Edw. II). In the next year his "Mentioned in ch. 18, g 13, p. 504; in 
 
 brother and his uncle were in arms on i Edw. Ill, presented to the archdea- 
 
 the side of the Earl of Lancaster; conry of Richmond. Foss's Biogr. 
 
 Henry was in disfavor during the re- Jurid. 
 
CH. XIX.] 
 
 1327 TO 1377. 
 
 535 
 
 Exchequer bench as second baron ; ^° and William de Cossale ^ was 
 also appointed a baron of the Exchequer in the same year (3 Edw. 
 III)." 
 
 John de Stonore having left the Exchequer bench (Sept. 3),'* 
 Henry le Scrope, who on the 19th of December (on the return of 
 his brother Geoffrey from abroad) vacated the office of chief justice 
 of the King's Bench, was on the same day made chief baron of the 
 Exchequer.^' 
 
 Geoffrey le Scrope, who was in the office of Chief Justice of the 
 King's Bench till the end of the reign of Edward II,™ was reinstated 
 Feb. 28, 1328, 2 Edw. \\V^ 
 
 Henry de Hambury"^ was appointed a judge of this bench in 2 
 
 ^^He again resigned his seat Sept. 16, 
 when made chancellor of the Ex- 
 chequer ; by this title he had, a grant to 
 him in the next year of the manor of 
 Ashele, with the bailiwick of the forests 
 of Bere, in Hampshire. Id. 
 
 "* So called from his manor of Cossale, 
 in Nottinghamshire ; he was a benefactor 
 of Newstead abbey in that county. Id. 
 
 *' He is not mentioned after 14 Edw. 
 
 m.. Id. 
 
 ^ To be chief justice of the Common 
 Pleas. Id. 
 
 *' And continued on this bench during 
 his life. From the patent of Nov. 18, 
 1333, making him chief justice of the 
 Common Pleas, and one of the next day 
 making him chief baron of the Ex- 
 chequer, it is inferred that the removal 
 into the Common Pleas was without his 
 consent, and the restoration to the Ex- 
 chequer at his solicitation. Besides 
 other royal rewards he was made a 
 knight banneret. He died Sept. 7, 1336, 
 leaving possessions in Middlesex, Lei- 
 cestershire, Hertfordshire, Rutlandshire 
 and Bedfordshire, but chiefly in York 
 county. He was buried in that county, 
 at Easby, near Richmond, in the abbey 
 of St. Agatha, of which he was es- 
 teemed the founder. Id. 
 
 ^'He was "removed from the office 
 on the accession of Edward III, which 
 not improbably arose from a suspicion 
 of hrs being a partisan of the Despensers, 
 and Baldock, the chancellor. What- 
 ever was the reason of his non-appoint- 
 ment, he soon succeeded in clearing 
 himself by the testimony of his peers, 
 and was reinstated." Foss's Biogr. Jurid. 
 
 *' He was appreciated by his sovereign, 
 and was frequently employed in diplo- 
 matic engagements, which obliged him 
 for a time to resign his place in the 
 court. Thus, during his temporary 
 absence, upon the occasion of Edward's 
 going to France, in May, 1329 (3 Edw. 
 Ill), there was a promotion (to the office 
 of chief justice) of Robert de Malber- 
 thorp till Octo. 28 in that year, and of 
 Geoffrey's brother, Henry, from the day 
 last named till Dec. 19, 1330, when 
 Geoffrey was reappointed. Id^ 
 
 8^ Son of Geoffrey de Hambury, who 
 resided at Hambury, or Hanbury, a 
 parish in Worcestershire. He was made 
 one of the judges of the King's Bench 
 in Ireland in 17 Edw. II, and was 
 raised to the office of chief justice of the 
 Common Pleas there in the next year. 
 Soon afterwards he removed to England. 
 Id. 
 
636 
 
 Reign of Edward III 
 
 [tit. V 
 
 Edw. Ill (1328).'= 
 
 Under circumstances stated in note 61, there was a tempo- 
 rary promotion to the office of Chief Justice of Robert de Malber- 
 ihorp, from May till October 28, 1329;°* and oi Henry le Scrope from 
 Octo. 28, 1329, till Dec. 19, 1330, when Geoffrey le Scrop'e was 
 reappointed. 
 
 Richard de Wilughby was removed'" into the 
 
 1330, Dec. 
 King's Bench 
 
 1330, Dec. 
 thereof " 
 
 IS- 
 
 IS, Thomas de Louther^ was constituted a judge 
 
 Richard de JViiu£-hby^ was placed on the bench of the Common 
 Pleas in England, March 6, 1328. 
 
 In i2,2g /oh?t Travers^^ was a judge of this court March 2." On 
 Sept. 3 William de Herle was superseded; then there was an 
 advance of John de Stonore to be chief justice, and of Richard de 
 
 ^ Although he is mentioned as alive in 
 26 Edw. Ill, yet he is supposed to have 
 retired from the bench before 12 Edw. 
 III. Id. 
 
 ^*Mr. Foss says that Robert de Mal- 
 berihorp remained on the King's Bench 
 till Jan. i8, 1331, and was then removed 
 into the Common Pleas. Biogr. Jurid. 
 
 ^ From the Common Pleas. Id. 
 
 ^ Second son of Hugh de Louther 
 (mentioned in ch. 16, \ 29, p. 445, note 
 410). Id. 
 
 ^'He remained therein only till the 
 next year, when he was appointed chief 
 justice of the King's Bench in Ireland. 
 Id. 
 
 ^ The original surname of his family 
 was Bugge ; it was changed to Wilughby 
 from their lordship of that name in 
 Nottinghamshire. His father, Richard 
 de Wilughby, purchased the martors of 
 WoUaton, in that county, and Risley, in 
 Derbyshire; and was, in 17 Edw. II, 
 substituted by his son as representative 
 
 in parliament for Nottingham. The son 
 was about the same time appointed chief 
 justice of the Common Pleas in Ireland; 
 but, on the accession of Edw. Ill, was 
 removed from this position. He seems 
 to have resumed practice at the English 
 bar, being mentioned in the Year Book 
 as an advocate in i Edw. III. Foss's 
 Biogr. Jurid. 
 
 ^'Of a. Lancashire family; member 
 for that county in 33 Edw. I. He was, 
 under Edward II, frequently, employed 
 there; as commissioner of array, asses- 
 sor of the aids and custos of lands for- 
 feited by Thomas, Earl of Lancaster. 
 In 2 Edw. Ill, he was engaged with the 
 seneschal of Gascony and the constable 
 of Bordeaux in treating with German 
 princes. Id. 
 
 ™ He is mentioned in the Year Book 
 as late as Michaelmas, 1333. About that 
 time he was appointed constable of 
 Bordeaux; he died within four years 
 after. Id. 
 
•ch". xix.j 
 
 1327 TO 1377. 
 
 537 
 
 WUughby to be second justice of this court. On the 30th Thomas 
 Bacon'^ was placed on this bench." 
 
 Lambert de Trikingham mentioned in ch. 18, § 16, p. 509, was 
 in this reign a justice itinerant; he is placed next to the chief justice 
 in the commission into Northamptonshire as late as 1329." 
 
 Though William, de Herle was on Sept. 3, 1329, displaced from 
 the bench of the Common Pleas by John de Stonore, yet he was at 
 the head of the justices itinerant in Nottinghamshire in the following 
 December, and also in the succeeding year in Derbyshire.'* 
 
 Among the justices itinerant, or of assize, were Gilbert de Touth- 
 •ebyj" John de Ifeld^'^ John Randolph^'' John de Radenhale^* Nicholas 
 
 '^ Of the same family as that from 
 which Sir Nicholas Bacon and Lord 
 Verulam sprang. In Edw. II he was 
 holding property in Stiff key, Bacons- 
 thorpe, and other places in Norfolk, 
 which became part of their .possessions. 
 He was, perhaps, the Thomas Bacon, 
 son of Sir Roger Bacon, of Bacons- 
 thorpe, on whom that knight settled 
 lands in Isbenham, &c., on his marriage 
 with Johanna, daughter of Roger de 
 Antringham, in 8 Edw. III. Thomas is 
 named in the Year Books of Edw. Ill, 
 both before and after he was a judge. Id. 
 
 '^ And received the honor of knight- 
 hood. He was removed into the King's 
 Bench Jan. 28, 1332. Id. 
 
 '^ Foss's Biogr. Jurid. 
 
 ■"-Id. 
 
 '^ His name frequently appears in the 
 Year Books during the reign of Edw. II, 
 and, in the first two years of Edw. Ill, 
 often abbreviated 'Toud.' In 9 Edw. 
 II, he was employed in prosecuting and 
 defending the king's suits, being at that 
 time a king's seijeant at law. He was 
 summoned next year among the legal 
 assistants to parliament, and continued 
 so to be during the remainder of the 
 leign. He is first mentioned in a judi- 
 cial capacity as one of the justices ap- 
 pointed in Lincolnshire in March 1318, 
 
 and most of his future commissions are 
 in that county. These occasional em- 
 ployments as a judge did not prevent his 
 pursuing his profession as an advocate ; 
 for not only is he found engaged as a 
 Serjeant at law in 14 Edw. II, but, on the 
 accession of Edw. Ill, his stipend for 
 prosecuting and defending the king's 
 causes Was renewed. He acted as a 
 justice of assize under Edw. Ill; the 
 latest mention of him is in 3 Edw. III. 
 Foss's Biogr. Jurid. 
 
 ™ Born at Ifeld, in Kent. During the 
 reign of Edw. II, he was employed in 
 assessing aids imposed by parliament, 
 and arraying the men-at-arms. (Pari. 
 Writs ii, p. ii, 1037.) He was, in 
 I Edw. Ill, one of the perambulators . 
 of forests south of the Trent; in 1329 
 a justice itinerant in Nottinghamshire. 
 Next he represented his native county in 
 parliament; as late as 13 Edw. Ill, he 
 was a commissioner of array for Suffolk. 
 
 "Mentioned in ch. 18, \ 5, p. 490. 
 In 2 Edw. Ill, he was named on a com- 
 mission to try certain malefactors of 
 France charged with indicting mer- 
 chants of Southampton. In 1329 he 
 was a justice itinerant into Northamp- 
 tonshire; the last notice of him is in 
 4 Edw. Ill, when the custody of For- 
 
538 
 
 Reign of Edward III 
 
 [tit. V 
 
 Fastolf^^ Peter de Middleton^ Thomas de Radeclyvef^ Robert de- 
 Thorpe ^'^ William de Zouche of Haringworth/' John, Claver^ and 
 William de Scothou^ 
 
 6. With the conduct of the king's mother and Roger Mortimer, earl 
 of March, dissatisfaction was manifest after the king's uncle,, 
 the earl of Kent, was beheaded. In 1330 Mortimer was arrested; 
 and parliament called. Its proceedings. What was enacted; 
 especially as to actions by executors for trespasses in decedent's 
 lifetime. 
 
 The ill-gotten power retained for some years by Isabella and 
 Mortimer^ did not last. 
 
 Chester castle and manor was commit- 
 ted to him. Id. 
 
 ™ He derived his name from the parish 
 of Radenhale or Redenhale, in Norfolk, 
 where, and in Suffolk, the family pos- 
 sessed property. John was employed in 
 judicial investigations In the latter years 
 of Edw. II ; his name is in the Year 
 Books as an advocate in 3 Edw. III. 
 In 1329 he was a justice itinerant into 
 Northamptonshire; he acted in other 
 counties till 7 Edw. III. Foss's Biogr. 
 Jurid. 
 
 "Of Great Yarmouth, in Norfolk, for 
 which county he was returned to par- 
 liament in 2 and 7 Edw. II. In 18 Edw. 
 II, he was appointed chief justice of the 
 King's Bench in Ireland. He is men- 
 tioned in that character in I Edw. Ill 
 (1327), and may have enjoyed that office 
 until the patent of his successor, in 1333 
 (7 Edw. III). If so, he may have been 
 on a visit to England when he was 
 added to the commission of justices 
 itinerant into Derbyshire, in 4 Edw. III. 
 Id. 
 
 ^'This son of Adam de Middleton 
 was a justice itinerant in Bedford county 
 in 4 Edw. Ill, and, in 8 Edw. Ill, a 
 justice of the forests in Yorkshire. In 
 9 Edw. Ill, the latter county was en- 
 trusted to his custody as sheriff. In the 
 
 next year he died. Id. 
 
 *i Of Radcliif on Sore, in Nottingham 
 county. He was summoned among the 
 judges to the great council at West- 
 minster, in 17 Edw. II; was the last 
 named of sjx justices itinerant into Bed- 
 fordshire, in 4 Edw. Ill ; and was sub- 
 sheriff of Nottingham county in the 
 same year. Id. 
 
 *^ A justice itinerant into Derbyshire, 
 in 4 Edw. Ill (1330). He may have 
 died in that year. Id. 
 
 ^ Also a justice itinerant into Derby- 
 shire, in 4 Edw. III. It is supposed 
 that he was a baron, and lived till March 
 12, 1352. Id. 
 
 ^ A native of Norfolk. He is among 
 the advocates under Edw. II and III, 
 and acted as custos of the see of Nor- 
 wich during its vacancy in both reigns. 
 He tallaged that county and Suffolk in 
 6 Edw. Ill, and in the next year was 
 added to the commission of justices 
 itinerant into Kent. Id. 
 
 ^A justice itinerant for Kent in 
 22 Edw. III. It is suggested that he 
 probably took his name from a parish 
 so-called in Norfolk. Mr. Foss remarks 
 that a Peter de Scothow was returned 
 member for Norwich in 12 Edw. II. Id.. 
 
 '«2 Stubbs's Const. Hist., ch. 16, 
 p. 368. 
 
CH. ZIX.J 1327 TO 1377. 539 
 
 "The earl of Lancaster was weary of his position; he had no per- 
 sona] hatred to the late king, and was shocked at his cruel death ; he 
 was conscious that the government depended mainly on his support, 
 and yet that Mortimer was using him for his own ends ; and he was 
 not allowed any intercourse with Edward."*' 
 
 There was a rising to deliver Edward from Mortimer's hands ; to 
 restore the power of the council; and to bring certain persons to 
 account. 
 
 Edward's uncle, " the earl of Kent, persuaded, it was believed, by 
 Mortimer's agents, that his brother was still alive, was drawn into a 
 plot, which Mortimer was pleased to regard as treasonable, for a 
 restoration. He showed him no mercy. In a parliament which met 
 at Winchester on the nth of March, 1330, he arrested him, had him 
 tried by his peers and beheaded on the 19th." ^ 
 
 Edward reported his uncle's execution to the pope March 24.^ 
 "His visible dissatisfaction encouraged some to inform him that 
 Mortimer was implicated in his father's destruction."'" His eyes 
 were opened to the conduct of Mortimer and his mother, and he was 
 concerned at the part acted by himself." 
 
 Having become a father,'^ and being nearly eighteen years of age, 
 Edward "resolved to emancipate himself from his degrading tutel- 
 age."— In October, 1330, at Nottingham, Isabella "and Mortimer 
 resided in the castle for security, guarded by their military friends. 
 The king, by the concurrence of the "governor, was admitted secretly 
 at night, with a few brave friends, through a subterranean passage. 
 
 *' Ji., p. 371. later. Miss Strickland mentions a sum- 
 
 ^ lef., p. 372; 4 Lingard's Engl., ch. mons from the king dated Feb. 28, 1330, 
 
 I, p. 9 to II ; Miss Strickland's Queens to Bartholomew de Burghersh to appear 
 
 of England, vol. 2, pp. 163, 164, of with his barons of the Cinque Ports 'at 
 
 Phila. edi. 1857. The parliament was the coronation of his dearest queen, 
 
 summoned Jan. 25, and sat from March Philippa,' ' the Sunday next to the feast 
 
 II to March 23. 2 Stubbs, note 2. of St. Peter;' and states that "it took 
 
 ^ Id., note 2. place on that day.'' 2 Queens of Engl., 
 
 ""Turner's Engl., book 2, ch. 4, p. 176, of Phila. edi. 1857. She also 
 
 p. 176, of Lond. edi. 1825. states that Philippa's "first bom, after- 
 
 '14 Lingard's Engl., ch. I, p. II; wards the celebrated hero Edward, 
 
 2 Stubbs's Const. Hist., ch. 16, p. 371. surnamed the Black Prince, was born 
 
 '^The coronation of Philippa is s^id at the palace of Woodstock June 15, 
 
 to have been at Westminster Feb. 18, 1330." Id., p. 177. As to the day of 
 
 1330. 4 Lingard's Engl., ch. I, p. 11, 'S. Peter, in Cathedra,' see post in \ 11,. 
 
 note; but it may have been somewhat the last note. 
 
540 
 
 Reign of Edward III 
 
 [tit. V 
 
 Mortimer was seized in his bed-room," an apartment adjoining to the 
 •queen's."' 
 
 Notice of the arrest of Mortimer, Sir Oliver Ingham and Sir 
 Simon Hereford was given to the sheriffs Octo. 22. On the 23d 
 there was a call for parliament. Mortimer having been brought from 
 Nottingham, was tried in a parliament holden at Westminster," and 
 condemned ; there was judgment also against others associated with 
 him.'^ Whether in these proceedings Magna Charta was sufficiently 
 
 '^Turner's Engl., book 2, ch. 4, 
 pp. 176, 177, of Lond. edi. 1825; 
 4 Lingard's Engl., ch. i, pp. 12, 13. 
 Miss Strickland's Queens of Engl., vol. 
 2, p. 165, et seg. In the attack on Mor- 
 timer, the king's confidant was William 
 Montacute, afterwards made earl of 
 Salisbury. "Besides Montacute, three 
 Bohuns, Sir Robert Ufford, afterwards 
 earl of Suffolk, the lords Strafford, Clin- 
 ton, and Neville, of Hornby, assisted." 
 2 Stubbs's Const. Hist.,, ch. 16, p. 373, 
 and note 3; Green's Hist, of Engl. 
 Peop., book 4, ch. 2, pp. 396, 397, of 
 vol. I. 
 
 *• " The Monday next after the feast of 
 S. Catherine, in the fourth year of King 
 Edward the Third." Cotton's Abr.,p. 6. 
 It is clear that the parliament was, in 
 4 Edw. Ill, I Stat, of the Realm, 261 ; 
 that it sat from Nov. 26 to Dec. 9. 
 2 Stubbs's Const. Hist., ch. 16, p. 373, 
 note I ; and it was in session on the 1 3th 
 of March, 1330. i St. Tr., 51. 
 
 '» As to the charges and judgment 
 against Mortimer and his associates, see 
 2 Hume's Engl., ch. 15, pp. 184, 185, of 
 N. V. edi. 1850; 4 Lingard's Engl. ch. 
 I, pp. 13, 14; I Mackintosh's Engl., 
 pp. 241, 242, of Phila. edi. 1830; 
 2 Stubbs's Const. Hist., ch. 16, p. 373. 
 The articles of impeachment, and the 
 judgment thereupon, are in i St. Tr., 
 51 to 54. Cotton's Abridgement of the 
 .proceedings of parliament, in 4 Edw. Ill, 
 contains (pp. 5, 7,) the following : 
 
 " The treasons, felonies, and other 
 misdeeds of Roger Mortimer, are par- 
 ticularly repeated, a great part whereof 
 cannot be read, for that the roll is moul- 
 dred. But in the end it appeareth that 
 the king charged the Lords and Peers 
 who, as judges of the land, by the 
 king's assent, adjudged that the said 
 Roger, as a traitor, should be drawn and 
 hanged. Whereupon the Earl-maishal, 
 by commandment, with the aid of the 
 mayor and sheriffs of London, and con- 
 stable of the Tower, executed him the 
 Thursday next after the first day of the 
 same parliament." 
 
 2. " The judgment of Simon Bere- 
 ford, Knight, as of counsel with the said 
 Roger, whom the marshal executed the 
 Monday next after Saint Thomas, the 
 apostle." 
 
 3. "The like judgment was given 
 against John Mautravers, Knight, as 
 being guilty of the death of Edmund, 
 earl of Kent, to be executed if the said 
 John could be found; and that proclama- 
 tion should be made, that whoso could 
 bring the said John alive, should have a 
 thousand marks for a reward ; and who 
 could bring his head five hundred 
 marks." 
 
 4. "The like judgments were given 
 against Bogo de Bayotis and yohn 
 Deverel, for the cause aforesaid, and 
 large rewards promised for their appre- 
 hension." 
 
 5. "The like judgments are had 
 
CH. XIX.] 
 
 1327 TO 1377. 
 
 541 
 
 regarded, came under consideration some years after Mortimer had 
 been hung." At the time of these judgments, in 4 Edward II, it was 
 enacted " that albeit the Lords and Peers of the realm, as judges of 
 the parliament, in the presence of the king, had taken upon them to 
 give judgment of such as were no peers of the realm; that hereafter 
 no peers should be driven to give judgment on any others than on 
 their peers." " 
 
 The queen mother, at the solicitation of the Pope, was spared the 
 ignominy of a public trial; but Edward reduced her income to 
 _i^3,ooo, and confined her to the manor of Risings, where she passed 
 in obscurity the remaining 27 years of her life. The king annually 
 paid her a visit of ceremony ; he even added a thousand pounds tO' 
 her yearly income ; but he nevermore allowed her to assume any 
 share of political power." ^ 
 
 Among the proceedings at the parliament in 4 Edw. Ill, there 
 is mention in Cotton's Abr. of the subjoined;'' and the following: 
 
 " It is enacted that all sheriffs shall be removed and other therein 
 
 against Thomas of Gournay, and Wil- 
 liam of Ogle, for murdering of King 
 Edward the Second, with large rewaiUs 
 promised for their apprehension." 
 
 96 To-wit : in 28 Ed. III. See post in 
 §40. 
 
 " Cotton's Abr., p . 7, No. 6. What 
 was said as to this is mentioned in I St. 
 Tr., 54, immediately after the judgment 
 against Simon de Bereford, Knt., and in 
 connection therewith. 
 
 9^4 Lingard's Engl., ch. i, p. 14; 
 Turner's Engl., book 2, ch. 4, p. 177, of 
 Lond. edi. 1825 ; i Mackintosh's Engl., 
 p. 243, of Phila. edi. 1830 ; 2 Stubbs's 
 Const. Hist, ch. 16, p. 373. In 5 Edw. 
 Ill, it was agreed that " Queen Isabel, the 
 king's mother, shall have yearly ;^4,ooo 
 in rents or lands." Cotton's Abr., p. 10, 
 No. 9. It may be inferred that in this 
 way was made the addition of ^1,000 
 mentioned in the text. " Isabella died 
 at Castle Rising August 22, 1358, aged 
 sixty-three. The church of the Grey 
 Friars, where Mortimer had been buried. 
 
 was chosen by her for the place of her 
 interment; there, in the choir, she was 
 buried, and an alabaster tomb erected to 
 her memory. Miss Strickland's Queens 
 of England, vol. 2, p. 171. 
 
 ^ There were acts in favour of those 
 who were " agreed with Edmund, earl 
 of Kent, for the delivery of King Ed- 
 ward, the Second ;" for restoration to per- 
 sons whose lands were seized " by reason 
 of the road made by the earl of Lan- 
 caster to Bedford, or by reason of the 
 attempt made by the earl of Kent;" 
 pardoning " the earl of Lancaster" and 
 "others who were in his company;'' 
 providing that "no party do seek re- 
 venge" of them; restoring Edmund, 
 eldest son of Edmund, late earl of Kent, 
 " to the blood and lands of the said earl, 
 his father," with dower to the countess 
 of Kent; enacting that jio person who 
 procured the death of the earl of Kent 
 should be impeached therefor, other than 
 the earl of March, and Sir Simon Bere- 
 ford, Mautravers, Bayones and Devarel 
 
542 Reign of Edward III [tit. v 
 
 placed ; and that general commissions be awarded to enquire of the 
 oppressions of sheriffs, escheators and coroners."™ 
 
 "That no justice shall defer, or stay the execution of justice, neither 
 for the Great Seal, Letter or other commandment." "^ 
 
 ' Statutes of the Realm ' shew that at this parliament these things 
 were enacted : 
 
 I. " That the Great Charter and the Charter of the Forest, and all 
 other statutes, made as well in the time of the ' King's progenitors, 
 as in the King's time that now is, be kept and maintained in all 
 points.""' 
 
 VII. " Whereas in times past, executors have not had actions for a 
 trespass done to their testators, as of the goods and chattels of the 
 same testators carried away in their life, and so such trespassers have 
 hitherto remained unpunished; it is enacted that the executors in 
 such case shall have an action against the trespassers and recover their 
 damages in like manner as they, whose executors they be, should 
 have had if they were in life." "' 
 
 IX. " That no sheriff, bailiff of hundred, wapentake, nor of fran- 
 chise, nor under escheators shall be from henceforth, except he have 
 lands sufficient in the place where they be ministers, whereof to 
 answer the king and his people, in case that any man complain 
 against them.""* 
 
 Such was the statute made at Westgiinster in 4 Edw. III. Thereof 
 
 (or Bevervile) ; for restoration to Richard 35 Edw. I, gtat, I, as to rdigious per- 
 
 de Arundel, eldest son of the late ■ earl sons. 
 
 of Arundel ; acquitting and making ^"^ i Stat of the Realm, 263. Ch. 8 
 
 grants to William of Muntacute, Sir is as to " fare of passages at the ports." 
 Edward Bohun, Sir Robert Ufford and ^''* "As it was ordained at another time 
 
 Sir John Nevil ; making a release to Sir at the parliament holden at Lincoln in 
 
 Eubal le Strange, and Alice, his wife. the time of the king's father that now is, 
 
 late the wife of Thomas, late earl of that is to say, in the ninth year of his 
 
 Lancaster; making restoration to Wil- reign.'' I Stat, of the Realm, 264. 
 
 liam la Zouch, and Eleanor, his wife. Ch. 10 is that " sheriffs and gaolers shall 
 
 Cotton's Abr., p. 7 to 9; No. 7 to 15; receive offenders without taking any- 
 
 also Nos, 18, ig and 24. thing"; ch. II, that justices of assize 
 
 '•"Cotton's Abr., p. 9, No. 21. and nisi prius may enquire concerning 
 
 ^°^Id., No. 23. maintainers, &c.; ch, 12. that "wines 
 
 1"^ I Stat, of the Realm, 261. Ch. 2 is shall be assayed and sold at reasonable 
 
 as to assigning persons " to take assizes, prices"; ch. 13, "confirmation of the 
 
 juries and certifications, and to deliver statute 2 E. Ill, c. 2, touching pardons " ; 
 
 the gaols"; and "to keep the peace." ch. 14, as to " annual parliaments " ; ch. 
 
 Chapters 3 and 4 are as to purveyance ; 15, that " sheriffs shall let their hundreds 
 
 ch. 5, as to "pardon for certain fines and for the old farm." 
 grants"; ch. 6 confirms the statute of 
 
CH. XIX.J 
 
 1327 TO 1377. 
 
 543 
 
 •chapters two, seven, nine and eleven (or parts thereof) are retained 
 in the 'Statutes Revised.""' 
 
 7. Appointments in 1331, 1332, 1333 and Jan. 1334 to ike Exchequer 
 Bench, King's Bench and Common Pieces. 
 
 On the bench of the Exchequer were placed 
 
 1331, Octo. 10 (5 Edw. Ill), Thomas de Garton}'^ as second hairon. 
 
 1332, July 24 (6 Edw. Ill), Adam de Steyngrave}^ 
 1332, Sept. 24 (6 Edw. Ill), William de Denum}'^ 
 1332, Nov. 2 (6 Edw. Ill), Thomas de Blaston}'^ 
 1332, Nov. 2 (6 Edw. Ill), Robert de Scorburgh™ 
 
 ii® Edi. 1870, vol. I, p. 149 to 151. 
 
 i"« Mentioned in "J 2, p. 530, as comp- 
 troller of the king's household and 
 keeper of the wardrobe. 
 
 "'Of the knightly family settled at 
 the manor of that name in the parish of 
 Edenbridge in Kent. He remained on 
 the Exchequer Bench till January 20, 
 1341 ; he was not in the new patent of 
 that date. Foss's Biogr. Jurid. 
 
 ^'''Of a family in Durham. William 
 and his elder brother, John, were sons 
 of Robert de Denum; they were Ser- 
 jeants; and probably the persons gen- 
 erally called J. and W. Devom in the 
 the Year Books of Edw. II and III. In 
 the early part of the reign of Edw. Ill, 
 William was frequently employed in 
 conducting negotiations with Scotland; 
 in 1329, he was an itinerant judge in 
 Nottinghamshire; in 1331 he was con- 
 stituted king's Serjeant. Id. 
 
 There being no entry of him after 
 1332, he may have retired from the 
 bench when he succeeded to the manor 
 pf Herdwick-Juxta-Hesilden and other 
 large family estates, on his brother's 
 death. William died in 1350. Id. 
 
 '"^ Probably of Leicestershire. Thomas 
 de Blaston, to whom the custody of the 
 honor of Peverell in that and two other 
 counties was committed in the reign of 
 Edw. I, may have been father of this 
 
 baron, first mentioned in 3 Edw. Ill, 
 when, under the title of ' clericus regis,' 
 he was constituted the king's chamber- 
 lain in Chester. He held the rectory of 
 Solihull in Warwickshire. Id. 
 
 110 Not the same individual as Robert 
 de Scardeburgh (mentioned /oi/ in § 14). 
 The person mentioned above in the text, 
 took his name from Scorbrough in the 
 East Riding of Yorkshire; under the 
 name of Scorburgh he had a license in 
 17 Edw. II to assign a lay fee in Bever- 
 ley and Etton ; and was on special com- 
 missions in Yorkshire in 16 and 20 
 Edw. II; he was evidently added to the 
 regular judges, as a Serjeant has been in 
 modern times. In 18 Edw. II, when 
 he was on a commission of enquiry; 
 his name was spelled Scoreburgh. In 2 
 Edward III there is a petition to parlia- 
 ment by the people of ' Scartheburgh,' 
 relative to a trial before Robert de Scores- 
 burgh and his companions, justices of 
 oyer and terminer, in that town ; and in 
 4 Edw. Ill he was amongst the justices 
 itinerant into Derbyshire, as Scorburgh. 
 He is called Scorburgh in 6 Edw. Ill, 
 when appointed baron, and when he re- 
 ceived knighthood ; and in 7 Edw. Ill, 
 when commissioned to treat with the 
 earl of Flanders ; his contemporary, 
 Robert de Scardeburgh, being at the 
 same time chief justice of the Common 
 
544 Reign, of Edward III [tit. v 
 
 1332, Dec. 18 (6 Edw. Ill), John de Hildesley™^ 
 
 In the King's Bench came 
 
 1 33 1, Jan. 4, Geoffrey de Edenham}^'^ 
 
 1332, Jan. 28, Thomas Bacon}^ 
 
 1332, March 28 to Sept. 20, by reason of the employment of 
 Geoffrey le Scrope in diplomatic engagements (such as are men- 
 tioned in § 5, p. 535), Richard de Wilughby held the place of Chief 
 Justice."* 
 
 1333, March 20, William de Shareshull^^^ constituted a judge of 
 the King's Bench. 
 
 1333, September 10. In consequence of Geoffrey le Scrope h€mg 
 about to go on a foreign embassy, Richard de Wilughby took the 
 seat of Chief Justice."^ 
 
 It is related of Richard de ' Wilughby that about Christmas, 1331 
 (which was before he was chief justice) he was, on his way to Grant- 
 ham, attacked by one Richard Fulville, and forcibly taken into a 
 wood where a gang of lawless men, large bodies of whom thea 
 
 Pleas in Ireland. and is last mentioned with Thomas de 
 
 On the death of Robert de Scarburgh, Longevilliers as possessing the manor oi 
 
 in 14 Edw. Ill, he is described, under Hykle, in Lincolnshire, in 15 Edw. III. 
 
 the name of Scardeburgh, as possessing Id. 
 
 the manor of Scorby, and also property ^'' From the Common Pleas. He 
 
 in Stamford bridge and Etton, both of does not appear to have exercised judi- 
 
 which are in the East Riding, and in the cial functions after 10 Edw. Ill (1336)? 
 
 neighbourhood of Beverley and Scar- but if he were the son of Sir Roger 
 
 brough. His property was committed Bacon, was still alive in 1359. Id. 
 
 to the custody of Wolfand de Clistere, "* Id. 
 
 because Thomas, his son and heir, was "^Born at the manor of Shareshult, in 
 an idiot. Foss's Biogr. Jurid. Stafford county; mentioned among the 
 "' Parson of the church of Thynden, advocates in the Year Book of Edw. II. 
 and canon of Chichester, in the reign of He was, in 5 Edw. Ill, a king's ser- 
 Edw. II; from 10 Edw. II till 7 Edw. jeant; in 6 Edw. Ill, one of the council 
 III, continually employed in diplomatic whom the king selected to advise him,, 
 missions. Superseded Sept. 9, 1334, on and about the same time invested with 
 becoming chancellor of the Exchequer. the knighthood of the Bath. Id. 
 He is so called in 12 Edw. Ill; and is He remained in the King's Bench but 
 named two years afterwards as a trier of little more than two months, being re- 
 petitions in parliament. Id. moved into the Common Pleas on May 
 
 ^'^ He had property in Lincolnshire, 30 following. Id. 
 
 where there is a parish of that name ; "* Id. 
 
CH. XIX.] 
 
 1327 TO 1377. 
 
 545 
 
 infested the country, compelled him to pay for his life a ransom of 
 ninety marks. This violence caused measures to put a stop to such 
 combinations; it does not appear to have been of any permanent 
 injury to him."' 
 
 In the Common Pleas came, 
 1331, January \%,John de Cantebrigy^ 
 1 33 1, January 18, Jokti Inge}^^ 
 
 1331, March 2, William de Herle restored to the place of Chief 
 Justice. 
 
 1331, April I, John de Stonore placed in the second seat.''"' 
 
 1332, Jan. 28, Thomas Bacon removed from this court."' 
 
 1332, Feb. 3 (6 Edw. Ill), Richard de Aldeburgh^^^ consdtuted a 
 judge thereof 
 
 1332, Feb. 3 (6 Edw. Ill), John de Skardelowe}"^ 
 
 "' Foss's Biogr. Jurid. 
 
 "' From 4 Edw. II, he was employed 
 in judicial commissions in Cambridge 
 county. He was returned member for 
 it to several parliaments from the 14th 
 to the 19th year, and is mentioned as 
 counsel in the Year Books of Edw. II 
 and Edw. III. In 3 Edw. Ill, he was 
 one of the king's Serjeants, and, as such, 
 was in the commission into Northamp- 
 ton, &c. ; on Octo. 22, he was made a 
 knight ianquam banerettus. In 1 33 1 
 he was seneschal of the abbot of St. 
 Albans. Foss's Biogr. Jurid. 
 
 "'Settled in Somersetshire, and em- 
 ployed from 10 Edw. II in judicial com- 
 missions within that county ; he also acted 
 there as assessor of aids granted by par- 
 liament. In 15 Edw. II, he was sheriff 
 of Devonshire. Three years afterwards 
 he held the castles, towns and honors of 
 Roger de Mortimer in Wygeton and 
 Ludlow committed to his custody. He 
 died about 20 Edw. III. Id. 
 
 ™ Into the King's Bench. 
 
 122 Derived his name from Aldeburgh 
 
 35 
 
 (Aldborough), in Yorkshire, where he 
 had a grant of lands in 12 Edw. II ; 
 seven years afterwards he purchsised the 
 manor of Hundeburton, and property in 
 Mildeby. As counsel he is mentioned 
 frequently in the Year Books of Edw. 
 II, and the lirst five years of Edw. III. 
 In 3 Edw. Ill he acted as the king's 
 attorney in pleas of quo warranto at 
 Northampton ; and is noticed as one of 
 the king's Serjeants; in 5 Edw. Ill he 
 was a commissioner for preserving peace 
 between England and Scotland. 
 
 In 1332, when constituted judge, he 
 was knighted. The fines levied before 
 him terminate at Michaelmas, 14 Edw. 
 Ill (1340) ; in which year he had a 
 license to enclose one hundred acres of 
 land in Rigton, in Whernedale. He is 
 last mentioned (May 20, 1343) as the 
 head of a judicial commission in York- 
 shire. Foss's Biogr. Jurid. 
 
 "3 Of a family settled at Thompson, 
 in Norfolk. Besides possessions in this 
 county, he had manors in Suffolk and 
 Cambridge, and considerable property in 
 the latter. His name (as an advocate) 
 
646 Reign of Edward III [tit. v 
 
 1334, Jan. 20, John de Cantebrig had a new patent.'" 
 
 8. 1330, Nov. 28, Henry de Burghersk, bishop of Lincoln, was suc- 
 ceeded as chancellor by John de Stratford, bishop of Winchester. 
 William de Melton, archbishop of York, restored to the treasurer- 
 ship; thereto William de Ayremynne, bishop of NoTwich, suc- 
 ceeded April I, 1331. Robert de Stratford, brother of John, is 
 made chancellor of the Exchequer. How far tJie Great Seal 
 was, durifig John's chancellorship, entrusted in his absence to 
 Robert and others. Of the payliament in 5" Edw. HI. After- 
 wards fohn de Stratford was m.ade archbishop of Canterbury. 
 He was present as chancellor in the parliament of 6 Edw. Ill, 
 but on Sept. 28, 1334, resigned the Great Seal. 
 
 After the downfall of Mortimer and Isabella, the king, though he 
 
 gave to Henry de Burghersh, bishop of Lincoln, a general pardon, 
 
 yet took the great seal from him and made John de Stratford, bishop 
 
 of Winchester, chancellor, Nov. 28, 1330;"^ and immediately the 
 
 latter was released from an old obligation mentioned in ch. xviii, § 22, 
 
 p. 517, note 189."* 
 
 William de Melton}'" archbishop of York, was restored to the 
 
 treasurership Nov. 28, 1330, and held the office to April ist, 1331. 
 
 William de Ayremynne, bishop of Norwich, was then appointed 
 
 treasurer, and filled this office about a year.™ 
 
 appears in the Year Books of Edw. II in the following April, both of them, ac- 
 
 and III. * cording to Barnes, assuming the disguise 
 
 In 6 Edw. Ill, when constituted a of merchants, in performance of a vow ; 
 judge he was created a Knight of the Bath. in the next November he was sent 
 If he exchanged his court with Robert abroad relative to affairs of the duchy of 
 de Scardeburgh for that of the King's Aquitaine, from which he returned in 
 Bench on Sept. 6, 1339, the exchange time to open the parliament at West- 
 seems to have been temporary. Id. minster on March 12, 1332. 
 
 '^ For what reason does not appear. ^^' In i Edw. Ill, employed in treating 
 
 In the next year he died. His property for peace with the Scots. In 4. Edw. 
 
 was very extensive in the town and III, indicted as an adherent of the earl 
 
 neighborhood of Cambridge. During of Kent ; being acquitted, he obtained a 
 
 his life, and by his will, he devoted a writ of conspiracy against his accusers, 
 
 great part of it to the guild of St. Mary Id. . 
 
 (in that town), afterwards Corpus Christi '^^ After presiding over the bishopric 
 
 College, of which he was a member, and of Norwich nearly eleven years, he died 
 
 twice alderman. Foss's Biogr. Jurid. at his house at Charing, near London, on 
 
 i^^Foss's Biogr. Jurid. March 27, 1336, and was buried in his 
 
 128 He accompanied the king to France cathedral. Foss's Biogr. Jurid. 
 
CH. XIX.J 1327 TO 1377. 547 
 
 Robert de Stratford, brother of John, was born at Stratford-on- 
 Avon (as that brother was), and was parson of the church there ; he 
 became chancellor of the University of Oxford, and distinguished 
 himself by his firmness and prudence in setding violent differences 
 between northern and southern scholars as to the election of proctors. 
 
 His name occurs "April i, 1331 (5 Edw. Ill), in the first chancel- 
 lorship of his brother, who, being then about to accompany the king 
 to France, sent the Great Seal to his house in Southwark, in charge 
 of Robert, under the seal of the master of the Rolls, after which 
 they both continued to seal with it till the chancellor's return, on 
 April 20. In the same year he was made chancellor of the Exche- 
 quer.'^ The seal was again left in the hands of these two on Nov. 21 
 following; on June 23, 1332, Robert de Stratford was alone appointed 
 by his brother to receive it, and to do the business appertaining to 
 the office. During the time it now remained in his possession he 
 was called the chancellor's locum tenens." — " He was a third time 
 entrusted by his brother with the seal on April 6, 1334, to be kept by 
 him under the seals of two of the clerks of the Chancery.""" 
 
 The bishop of Winchester, being chancellor, stated the purpose for 
 which parliament was holden at Westminster ins Edw. III.™ At 
 that parliament the things underwritten were granted.''^ 
 
 IX. " It is enacted that no man from henceforth shall be attached 
 by any accusation, nor forejudged of life or limb, nor his lands, tene- 
 ments, goods nor chattels seized into the king's hands against the 
 form of the Great Charter and the Law of the Land.'"^' 
 
 ^^ Id.; citing Cat. Rot. Pai. 112. As for selling ware at a fair after it is 
 
 to Robert de Wodehouse being pre- ended;" vi, "process in attaint;" vii, 
 
 viously chancellor of the Exchequer, see " attaint in tresspass, if the damage pass 
 
 § 5, p. 534. 40 shillings;" viii, "of the custody of 
 
 '^Foss's Biogr. Jurid. Thomas de prisoners by the marshals of the King's 
 
 Baumbaugh, one of the clerks or masters Bench," and "the penalty for letting 
 
 in chancery, from I to 14 Edw. Ill {Id.), prisoners go at large." 
 
 is noticed /Dj< in \ 17. ^^ I Stat, of the Realm, 267 ; ch. x, is 
 
 I3i.<-pjjg morrow after Saint Michael." as to "punishment of a corrupt juror;" 
 
 Cotton's Abr., 9 ; l Stat, of the Realm, ch. xi, as to " process against felons ap- 
 
 265. pealed, &c., in one county and dwelling 
 
 132 <( j_ That the great charter and the in another ;" ch. xii, " of pardon on 
 
 charter of the forest shall be kept and outlawries;" ch. xiii, that "averment of 
 
 firmly maintained;'' ch. ii, as to purvey- plaintiffs (or for the king) shall be re- 
 
 ance; iii, confirming Stat. 35 Edw. I; ceived against imprisonment alleged to 
 
 iv, that "sheriffs, &c., shall have suffi- defeat outlawry;" ch. xiv, as to "arrest 
 
 cient in the county;" v, "the penalty jof night-walkers and others suspected." 
 
548 Reign of Edward III [tit, v 
 
 Of the statute made at Westminster in 5 Edw. Ill, chapters four,, 
 five, eight, nine, eleven and thirteen (or parts thereof) are retained 
 in 'Statutes Revised.' '** 
 
 In I3"33, William de Melton, archbishop of York, was, on Aug. 
 ID, appointed sole keeper of the Great Seal during the temporary 
 absence of John de Stratford, the chancellor. He acted in that 
 character till January 13, when he delivered up the seal by the king'a 
 direction."^ 
 
 John de Stratford was translated to the see of Canterbury Nov. 3^ 
 1333. In parliaments of 6 Edw. Ill"" he was present as chancellor 
 of England. But on Sept. 28, 1334, he resigned the Great Seal;'" 
 his brother Robert is now, for the first time, called archdeacon of 
 Canterbury."* 
 
 9. In 1334, Richard de Bury {or De Aungerville) constituted treas- 
 urer Feb. J, and raised to the chancellorship on Sept. 28. Of 
 his habits, learning and taste ; the valuable library collected by 
 him ; and his disposition of it. Of his work called ' Philobiblon,' 
 whereof an American edition was published at Albany by foet 
 Munsell in 1861. 
 
 Much more than is stated in § 2, pp. 530, 531, may be observed of 
 this remarkable man. 
 
 "He held at first a small prebend in the church of Chichester ; " 
 "the king, in a letter to the pope on De Bury's behalf, calls him 'his 
 secretary,' and speaking of his services, 'a pueritia nostrd.,' uses these 
 strong expressions: ''Quod novimus ipsum virum, in consiliis pro- 
 vidum, conversationis et vitce munditia decorum, literarum scientid 
 prcsditum, et in agendis quibuslibet circumspectum' "' 
 
 "*Edi. 1870, vol. I, p. 152 to 156. were deposited. The character of his 
 1'^ He had confirmed and consecrated life, both private and public, is high. 
 Robert de Graystanes as bishop of Dur- Foss's Biogr. Jurid. 
 ham without first obtaining the king's ^^^ Cotton's Abr., p. II and p. 12. 
 approval ; but, on March 30 following, ^" Foss's Biogr. Jurid. 
 there was a grant of the royal pardon to '^^ He was also a canon in St. Paul's 
 the archbishop for that offence. He and Lincoln cathedrals. Id. 
 died at Cawood, April 22, 1340, after "'"The object of this letter was to 
 presiding over his province for about 24 induce the pope to reserve for De Bury 
 years, and expending considerable sums the prebends in the churches of Here- 
 on his cathedral. Therein his remains ford, London and Chichester, with the 
 
CH. XIX.] 
 
 1307 TO 1327. 
 
 549' 
 
 "In October 1331," De Bury "went with Anthony de Pesaigne on 
 a mission to the pope at Avignon, where he formed an intimacy with 
 Petrarch, among his conversations with whom is one relative to the 
 island of Thule, on which, however, Petrarch complains that the 
 learned ambassador was either unable or unwilling to offer any eluci- 
 dation. On his return from this embassy, he was sent, with two 
 othere, to Canibridge, with a commission to enquire into the conduct 
 and claims of such scholars as were supported in that university by 
 the king's bounty.""" 
 
 " King Edward estimated his ability and his prudence so highly 
 that he fixed on him to fill the most important offices in the state. 
 He was accordingly constituted treasurer on Feb. 3, 1334, and raised 
 to the chancellorship on September 28, in the same year." 
 
 "He resigned the latter office (after holding it less than nine 
 months) on June 6th, 1335.""^ 
 
 "He had the habit of turning all his time to account; and 
 neither his meals nor his travels were spent idly. During the former 
 he was read to by his chaplains, among whom were numbered 
 some of the most celebrated men of the day ; and afterwards he dis- 
 cussed with them the various subjects suggested by the reading. 
 During the latter he occupied himself in forming what became the 
 largest library in Europe, the possession of which was one of his 
 greatest glories, and its accuniulation formed his chief delight. He 
 spared no expense in securing the most curious and valuable manu- 
 scripts, and speaks with evident glee of the motives which influenced 
 
 other benefices which Gilbert de Mid- 
 dleton, archdeacon of Northampton, 
 lately deceased, had possessed. Before 
 an answer could have been received to 
 this application, De Bury was collated 
 to " the vacant archdeaconry on January 
 6,1330-1331. But the pope, according 
 to what may have been " the too com- 
 mon practice of the day," took upon 
 himself " the appointment, and, on the 
 1st of the following March, granted the 
 dignity to Peter, one of his cardinals;"- 
 however, "prebends in the cathedrals 
 of Lincoln, Sarum and Lichfield, were 
 among the grants soon after made to De 
 Bury." Foss's Biogr. Jurid. 
 
 '^''Foss's Biogr. Jurid. Mr. Foss sup- 
 poses " it was probably during this visit 
 that he became one of the guild of St. 
 Mary's there, to the union of which, 
 with that of Corpus ChrisH, the college 
 •of the latter name owed its foundation 
 {Masters 9)." Biogr. Jurid. 
 
 "In 1332 he was admitted dean of 
 Wells, and in the next year was sent 
 again as ambassador to the pope, by 
 whom he was appointed one of his chap- 
 lains. While he was absent on this 
 mission, Lewis Beaumont, bishop of 
 Durham, died; and the pope used the 
 opportunity at once of exercising his 
 own power, and of gratifying King Ed- 
 ward by setting aside an election made 
 by the monks of Durham, and placing 
 Richard de Bury in the vacant seat. He 
 was consecrated at Chertsey on Decem- 
 ber 19, 1333." Id. 
 
 1*^ He was employed in the next year, 
 and some subsequent years, in embassies 
 to France ; an occupation to which his 
 learning and talents were thought pecu- 
 liarly fitted. His allowance on these 
 missions was at the rate of five marks a 
 day. (New Fcedera ii, 950.) Though 
 frequently absent, he neglected none of 
 the requirements of his diocese." Id. 
 
550 Reign of Edward III [tit. v 
 
 the donors of some, and the difficulties he had to overcome in ob- 
 taining others. The stores he had thus collected he bequeathed to 
 the students of Durham (since called Trinity) College, in Oxford^ 
 being the first public library that was founded in that university ; and 
 in his work called ' Philobiblon,' he not only gives instructions for its 
 management but endeavors to excite a love of literature and a taste 
 for the liberal arts. His own devotion to books may be estimated 
 by the langauge he uses regarding them 'Hi sunt magistri qui nos 
 instruunt sine virgis et ferutt,, sine verbis et colert, sine pane et 
 pecunid,. Si accedis non dormiunt, si inquiris non se abscondunt 
 non remurmurant si oberres, cachinos nesciunt si ignores! His 
 ardour in their pursuit did not end with their attainment. He read 
 and used them; and he relates that the first Greek and Hebrew 
 grammars that ever appeared in England were derived from his 
 labours. He encouraged the acquaintance and assisted the enquiries 
 of all learned and intelligent men, and never enjoyed himself so fully 
 as in the pleasures of their conversation ; and his understanding was 
 so cultivated, his wit so piercing, and his spirit of enquiry so eager, 
 that few subjects were beyond his genius and penetration. 
 
 His virtue and his charities were equal to his talents and learning. 
 He was beloved by his neighbors, with whom he lived on terms of 
 reciprocal affection; to his clergy he was an indulgent superior; to 
 his tenants and domestics a considerate master. He was most 
 bountiful to the poor, distributing eight quarters of wheat every 
 week for the relief of those around him, and never omitting in his 
 journeys to appropriate large sums for the indigent in those places 
 through which he passed. He closed his useful life, in the 64th year 
 of his age, at his palace of Auckland on April 24, 1345, and was 
 interred in his cathedral.^*" 
 
 10. 'Modus tenendi parliamefiti.' Whether division of parliament 
 into two houses is to be referred to 6 Edw. III. Peculiar con- 
 dition of Berwick after battle of Halidown Hill, in 1333 ; acts 
 of parliament enacted for England and 'Berwick-upon-Tweed.' 
 
 'Modus tenendi parliamenti' is published by Mr. Stubbs,"' with the 
 observation that "It is found in manuscripts of the 14th century, and 
 
 ii^jToss's Biogr. Jurid. Of Philobib- translation published anonymously in 
 
 Ion (a treatise on the Love of Books), the year 1832; printed for that very 
 
 whereof the iirst edition was published learned and worthy bookseller, my 
 
 in 1473, and a translation by J. B. friend, ' Thomas Rodd, Great Newport 
 
 Inglis, London, 1832, Mr. AUibone street.'" i Lives of Chancellors, ch. 13, 
 
 was glad to register an American edi- p. 222, of 2d edi. (1846), p. 210, of 
 
 tion published at Albaiiy by Joel Mun- Bost. edi., 1874. 
 
 sell in 1861. Lord Campbell mentions "Hn " Select Charters," p. 492 to 503. 
 
 having " chiefly followed an English 
 
CH. XIX.] 1327 TO 1377. 551 
 
 is shown by contemporary writs and records to be a fairly credible 
 account of the state of parliament under Edward II." 
 
 Lord Coke refers to the treatise de modo tenendi parliamenhim and 
 to the concluding words of " the letters to the pope by all the nobility 
 of England at the parliament holden in 28 E. I," and to the " Rot. 
 Pari., 5 E. Ill, nu. 3," and "other places in the same roll," and "6 E. 
 Ill, in divers places," as shewing " that the lords and commons sat 
 together, and that the commons had then no continual speaker."^" 
 Mr. Prynne thinks that the modus tenendi parliamentum is too 
 much magnified by Sir Edward}*'^ He admits that the commons 
 had then no speaker .^*^ But that the lords and commons were then 
 of one house, and sat and consulted together, he holds is a clear mis- 
 take."' In his view the record of the parliament in 6 E. III"^ war- 
 rants the statement, not that the " Lords and Commons were of one 
 house"; but that "the Bishops by themselves, the Lords by them- 
 sdves, and the Commons by themselves, consulted and advised the 
 king." " The knights of the shire are especially mentioned as de- 
 liberating apart." — "The final division of parliament into" more than 
 one house " must be referred to this period " ; '*'■ at least in one sense. 
 
 In 1333 the battle of Halidown Hill, a little north of Berwick, 
 decided the fate of that town. From that time it has remained Eng- 
 lish territory.'^ 
 
 1** " But after consultation had, they " The Lords and the Commons re- 
 
 agreed upon some one or more of them turn, and, by the mouth of Sir Henry 
 
 that had greater aptitude for the present Beomont, think it best to," &c. Id.., 
 
 business to deliver their resolution." p. 12. 
 
 4 Inst. 2. In the parliament at Westminster, 
 
 1*5 Preface to Cotton's Abr. "the morrow after the nativity of our 
 
 i« Id. i« Id. Lady," in 6 Edw. Ill, there vras an ad- 
 
 1** In the parliament at Westminister, journment until the Thursday following, 
 
 " the Monday next after the feast of S. at which time " the Bishops by them- 
 
 Gregory," in 6 Edw. III. selves, the Lords by themselves, and 
 
 "Sir Jeoffery le Scroop, in the the Knights by themselves advised the 
 
 presence of the king, by his command- King." /d., pp. 12, 13. 
 
 ment, declared," &c. "The bishops "^2 Stubbs's Const. Hist., ch. 16, 
 
 answered," &c.; "and therefore they, p. 376. 
 
 and the Proctors of the clergie, went by '^"2 Hume's Engl., ch. 15, p. 190, of 
 
 themselves to consult therein, and the N. Y. edi., 1850; Green's Hist, of Engl. 
 
 Lords and the Commons ^y themselves." Peop., book 5, ch. 2, pp. 400, 401, of 
 
 Cotton's Abr., p. 11. vol i. 
 
552 Reign of Edward III [tit. v 
 
 "As Scotland, it had its chancellor, chamberlain and other officers 
 of state; and the peculiar heading of Acts of parliament enacted for 
 England and the town of 'Berwick-upon-Tweed' still preserves the 
 memory of its peculiar position." "' 
 
 II. Parliament at York in 8 Edw. III. Its enactments ; one being 
 as to Sir Jeffrey le Scroop, C. J., Sir Richard Willoughby and 
 Sir William, Shareshull. 
 
 In parliament at York, in 8 Edw. Ill, after an enactment as to the 
 Great Charter,'" it was moved "that in every county be appointed 
 one justice of the peace, learned in the law, who shall be chief""' 
 To a petition ' that sheriffs may continue but one year, according to 
 the Statute of Lincoln and Woodstock,' the answer was, 
 
 "The statutes therefore made shall stand, and the chancellor and 
 others, who are appointed to make choice of sheriffs, shall name able 
 men, who shall continue one year, or longer, according to their 
 demeanour""* 
 
 No. 6 is as to "false jurors and maintainers." No. 7 is as follows: 
 
 " That all men may have their writs out of the Chancery for only 
 the fees of the seal (without any fine) according to the Great Charter. 
 
 Nulli vendemus justiciam. 
 
 Such as be of course shall be so, and such as be of grace the king 
 will command the chancellor to be therein gracious. 
 
 Nos. 8 and 9 are below ;"' the last number (22) is as follows: 
 
 22. " It is enacted, the King's Bench shall stay in Warwickshire 
 after Easter next; for that Sir Jeffery le Scroop, Chief Justice, is 
 busy in the King's weighty affairs,"^ whose place to suppfy Sir 
 
 "' li- oppressions of the clergy for probates of 
 
 iM " That the Great Charter of the wills and citations for trifles." 
 Forest and other Statutes should be ob- " The king will herein do his best, 
 
 served, and that such statutes as be and chargeth the bishops to do the like." 
 obscure, by good advice, shall be made "^xhat Sir Jeffrey was, before this 
 
 plain." Cotton's Abr., p. IS, No. I. time, "busy in the king's weighty 
 
 "' Jrf., No. 2. affairs," appears in the proceedings of 
 
 i"iS., No. 5. parliament, in 6 Edw. Ill, at West- 
 
 "'8. "It is enacted that bigamy shall minster. (Cotton's Abr., pp. 11, 12,) and 
 
 be tried only in Court Christian." at York. (7</., pp. 13, 14.) 
 g. " That remedy may be had against 
 
•CH. XIX.] 1327 TO 1377. 553 
 
 -Richard Willoughby is appointed, and Sir William Shareshull is 
 assigned with him one of the Justices of the Bench.'"" 
 
 12. Of Henry le Scrope, chief baron of the Exchequer from. 1330 to 
 1336 ; William de Herle chief justice of the Common Pleas from 
 1333 till 1337; and Geoffrey le Scrope chief justice of the 
 King's Bench till 1338. 
 
 Mr. Foss in his article on fohn de Stonore, supposes that from the 
 ■second seaX in the Common Pleas he was "removed on July 16 1333, 
 by Geoffrey le Scrope; but" that "on July 7 in the following year on 
 the resignation of William de Herle, Stonore was reinstated as chief 
 justice." Whereas in the same volume, in the article on William de 
 Herle, it is said that the latter having been "restored to his place as 
 chief justice on March 2, 1331," was "removed on November 18, 
 1333;" but that "Henry le Scrope, who was then appointed, resumed 
 his seat at the head of the Exchequer on the next day," and that 
 William de Herle from that day presided till July 3, 1337."* This 
 statement — that William- de Herle was chief justice of the Common 
 Pleas from Nov. 19, 1333, to July 3, 1337 — is quite consistent with, 
 what appears in Mr. Foss's article on Henry le Scrope — that he was 
 made chief baron of the Exchequer Dec. 19, 1330, and continued on 
 that bench during the remainder of his life ; "° and is also consistent 
 with the following statement, as to Geoffrey le Scrope : 
 
 "Dugdale quotes a patent of July 16, 1334, 8 Edw. Ill, by which 
 
 ^^ Id,, p. 1 6. This parliament is main on the secret council and to attend 
 
 Tecorded as holden at York, He next at his pleasure during the rest of his life. 
 
 ■iefore S. Peter in Cathedra, 8 E. Ill'' He lived nearly twelve years after his 
 
 ■{Id.,^. 15), which is believed to have retirement, dying in 1347." Foss's 
 
 been in February, 1334, the day of Biogr. Jurid. 
 
 Peter in Cathedra at Antioch, being ^^ Mr. Foss says : " There are, it is 
 
 Feb. 22. true, two patents bearing date respect- 
 
 '**When, at his own request, he was ively the i8th and igth of November, 
 
 allowed to retire from his office on ac- '333) 7 Edw. Ill, by the former of 
 
 ■count of his age and infirmities. The which he is constituted chief justice of 
 
 patent spoke in eulogistic terms of his the Common Pleas, and, by the latter, 
 
 approved fidelity, the solidity of his chief baron of the Exchequer. From 
 
 judgment, the gravity of his manners, this we can only infer that the removal 
 
 and his laudable and unwearied services into the Common Pleas was without his 
 
 to the state, and required him to re- consent and the restoration to the Ex- 
 
554 
 
 Reign of Edward III 
 
 [tit. v 
 
 Scrope was constituted second justice of the Common Pleas in the 
 place Oi John de Stonore, with an exemption annexed from being 
 called upon to go out of the kingdom against the king's enemie& 
 against his will (Cal. Rot. Pat. ii8). As no fines appear to have 
 been levied before him, he probably did not long remain in that 
 court, and certainly was not one of its eight judges enumerated by 
 Dugdale (Orig. 39) in 11 Edw. III. It was perhaps about this time 
 that he resumed his place as chief justice of the king's bench, which 
 he certainly held on April 4, 1338, when the nomination of two new 
 justices was directed to him in that character. He is mentioned in 
 the Book of Assizes in the same year, and ultimately resigned his 
 office before the following October, a payment being then made him 
 as nuper capitalis justiciarius." 
 
 As previously he had been employed in negotiations,'*" so after his 
 retirement from the King's Bench, Geoffrey le Scrope was engaged 
 in many other diplomatic missions on behalf of the king; in one of 
 which he is styled 'secretarius noster.' Not only was he distinguished 
 as a lawyer and negotiator but he was also prominent as a knight 
 and a soldier."' 
 
 > chequer at his solicitation, the more 
 especially as William de Herle, whom 
 he was to have superseded in the former 
 court, was immediately replaced." Be- 
 sides other rewards fur his services, 
 Henry le Scrope was made a knight 
 banneret. He died Sept. 7, 1336, and 
 was buried in the abbey of St. Agatha at 
 Easby, near Richmond, in Yorkshire, of 
 which he was esteemed the founder. 
 The possessions which he left were con- 
 siderable in Middlesex, Leicestershire, 
 Hertfordshire, Rutlandshire and Bed- 
 fordshire, but chiefly in York county. 
 Foss's Biogr. Jurid. 
 
 160 « jje was employed by both his 
 sovereigns to treat with the Scots, and 
 by Edw. in to assist in the negotiations 
 relative to the marriages between his 
 sister Eleanor and the French king's 
 eldest son, and between John, the son of 
 the earl of Kent, and a daughter of one 
 of the French nobles." Foss's Biogr. 
 Jurid. 
 
 '^' At the tournaments held at North- 
 ampton, Guildford and Newmarket, at 
 the first of which he was knighted, he 
 gained great distinction. He accompii- 
 nied the king in the invasion of Scotland, 
 and displayed his banner and pennon at 
 the affair of Stannow Park. He was 
 one of the royal retinue several times in 
 Flanders and France, with a train of 
 two knights and forty men-at-arms ; and 
 he served at the siege of Toumay in 
 July 1340, 14 Edw. III. Besides many 
 valuable grants from both Edward II 
 and Edward III, in reward for his ser- 
 vices, he was, in 14 Edw. Ill, created 
 a banneret, and had a grant of 20a 
 marks per annum for the support of that 
 dignity. (Report on Peerage, i, 354-) 
 He did not long survive this last honour^ 
 but died in the same year at Ghent, in 
 Flanders. His body was removed to 
 Goversham, where it was buried in the 
 church of the abbey, under a tomb on 
 which his effigy was placed. Id. 
 
CH. XIX.] 
 
 1327 TO 1377. 
 
 55& 
 
 jj. Additional appointments to the Exchequer Bench between August 
 1334, and July 1340. 
 
 1334, November 9, Adam de Lymbergh}^'^ 
 
 1336, October' 3 (10 Edw. Ill), Nicholas Haghman (or Haw- 
 man).'" 
 
 1336, November 10 (10 Edw. Ill), John de Shordich}^ second 
 baron.'® 
 
 1337. March 20 (11 Edw. Ill), Robert de Sadington}^ chief baron.'" 
 
 162 Mentioned in \ 2, p. 530. From 
 
 5 to 8 Edw. Ill, he was chancellor of 
 Ireland. He was probably in the Eng- 
 lish court of Exchequer from Nov., 1334, 
 till his death, in 13 Edw. III. Foss's 
 Biogr. Jurid. ~ 
 
 163 Probably son of Alan de Haghman 
 and Amicia, his wife, who, in 5 Edw. I, 
 became possessed of the manor and 
 advowson of E^ersley, in Hampshire; 
 of which parish Nicholas was parson in 
 
 6 Edw. III. Id. 
 
 He was not included (as a baron) in 
 the new patent of Jan. 20, 1341-2. Id. 
 
 '" His name is derived from that of 
 a parish formerly in the suburbs (and 
 now part) of London. Of some houses 
 of a Jew in the old Jewry, in the 
 parish of St. Olave, in Colcherche street, 
 there was a grant from the king to Bene- 
 dictus de Shordich. Not improbably a 
 son of his was John, an advocate in the 
 court of Arches, who, in 18 Edw. II, 
 was one of the nuncios to treat in Flan- 
 ders, and, in 19 Edw. II, accompanied 
 the king to France. (jV. Foedera ii, 550, 
 606.) He is styled ' legum doctor' and 
 ^ juris civilis professor ;' and, for his ser- 
 vices to Edw. II, was rewarded with the 
 chief clerkship of the Common Bench, 
 and with the manor of Passenham, in 
 Northampton county. By a petition to 
 parliament, in 4 Edw. Ill (after the 
 king was freed from his mother's con- 
 troul), he complained that he had been 
 
 ousted by the queen both of his office 
 and a large part of the manor, where- 
 upon compensation was awarded to him. 
 (Rot. Pari, ii, 41.) From the previous 
 year, to the end of his life, he was 
 engaged in missions to different courts. 
 Id. 
 
 '^ His name was omitted when the 
 court was reconstituted, Jan. 20, 1341-2, 
 but he was engaged in diplomatic em- 
 ployments till 18 Edw. Ill, about which 
 time he probably died. Id. 
 
 166 So called from a place of that 
 name in Leicestershire. He is supposed 
 to be son of John de Sadington in the 
 household (valettus) of Queen Isabella, 
 by whose request the custody of the 
 hundred of Gertree, in that county, was 
 committed to him. In 3 Edw. Ill, he 
 was commissioned with the sheriif of 
 Leicester, and another, to sell corn in 
 certain manors which had fallen into the 
 king's hands. He appears in the Year 
 Books as an advocate from that time to 
 10 Edw. Ill, during which period he 
 was placed on two or three commissions 
 of enquiry. Foss's Biogr. Jurid. 
 
 "' Prynne (on 4th Inst. 4) says, that 
 he was the first chief baron whom he 
 finds summoned to parliament, nleaning,. 
 it is presumed, by that specific title. He 
 acted July 25, 1339, as locum tenens of 
 William de Zouche, the treasurer, then 
 abroad ; and from May 2, to June 21,. 
 1340, held the office of treasurer. Id. 
 
■556 
 
 Reign of Edward III 
 
 [tit. V 
 
 1339, September 26 William de la Pole^'^ constituted second 
 baron.'"' 
 
 1340, June 21, William de Northwell}'"' constituted a baron."' 
 
 14.. Additional appointments to the King's Bench between August 
 1334, and July 1340. 
 
 1334, September 14, Robert de Scardeburgh}''^ 
 
 i^This son of William de la Pole 
 ■ (a rich merchant in the then rising port 
 of Kingston-upon-HulI) was born at 
 Ravenser, in that neighbourhood. To 
 pay an advance made by him to meet 
 the royal necessities, he had, in i Edw. 
 Ill, a grant of ;^4,ooo out of the first 
 issues of the customs of the port of 
 Kingston. In 1332 he sumptuously 
 entertained the king on his visiting that 
 town on his way to Scotland, and then, 
 it is said, received the honour of knight- 
 hood, and for the principal office of the 
 town procured the title of mayor, and 
 was himself the first who bore it. He 
 was in the next year employed on a 
 mission to Flanders, and was several 
 times engaged in similar duties during 
 the six following years. In 9 Edw. Ill, 
 he was constituted custos of the ex- 
 changes of England and receiver of the 
 old and new customs of Hull and Bos- 
 ton. The immediate consideration of 
 the last appointment was his undertaking 
 to pay the expenses of the king's house- 
 hold at the rate of £ lo-a day. He was 
 general agent for the crown, with the 
 trading interest, and was commonly 
 denominated the king's merchant. The 
 king, in 12 Edw. Ill, gave him a royal 
 acknowledgment for^.^ io,ooo advanced, 
 and for £'l,y>0 for which he had be- 
 come bound ; - and in consideration of 
 moneys paid by him in aid of the royal 
 expenses and for defence of the king- 
 dom, granted him various manors in 
 Nottinghamshire and Yorkshire, and 
 afterwards invested him with the order of 
 ■knight banneret, adding other rents for 
 
 the support of the honour, together with 
 a reversionary assignment of 1,000 
 marks of rent in France, when the king 
 should recover his rights there. Be- 
 sides this, houses in Lombard street, 
 London, which had belonged to the 
 • Societas Bardorum' were appended to 
 the royal donation. (N. Fcedera ii, 
 862, 908, 1065, 1085 ; Abb. Rot., Orig. 
 ii, 11-142.) Foss's Biogr. Jurid. 
 
 i^'In parliaments held in the next 
 October and April, he was present as one 
 of the judges (Rot. Pari, ii, 103,112); 
 on June 21 he was removed, or retired 
 from the bench. Id. 
 
 ""He was in holy orders; held the 
 office of clerk of the kitchen in the 
 household of Edw. II (Pari. Writs, ii, 
 p. 82) ; was gradually advanced in posi- 
 tion ; and, in 1 1 Edw. Ill, was clerk'or 
 keeper of the wardrobe. He is so 
 called as late as March 2, 1340. [N. Fce- 
 dera ii, 1 1 16). Foss's Biogr. Jurid. 
 
 I'^He retired soon from his place as 
 baron; it is thought in the summer or 
 fall of 1340, on being appointed treasurer 
 of the king's household. Id. 
 
 ''^ He derived his name from Scarbo- 
 rough, in the North Riding of Yorkshire. 
 In 5 Edw. HI, he was at the head of a 
 commission of assize into the islands of 
 Guernsey, Jersey, Sark and Alderney. 
 At the close of that year (1331) he was 
 made chief justice of the Common Pleas 
 in Ireland, in which character he is 
 mentioned two years afterwards. In 13 
 Edw. Ill, he was in a commission of 
 array for York. Foss's Biogr. Jvurid. 
 
CH. XIX.J 
 
 1327 TO 1377. 
 
 557 
 
 1338, April 4, (12 Edw. Ill), Robert Brundishy^ 
 
 1338, April 4, (12 Edw. Ill), William Faunt}'"' 
 
 1339, May 2, William Scott, removed "° into this court. 
 
 1339, September 6, Robert de Scardeburgh changed his seat."' 
 
 75. Additional appointments to the Common Pleas between August 
 1334, and July 1340. 
 
 1334, September 2\,John de Trevaignony" 
 
 1337. March 18, Roger Hillary y^ 
 1337, March 18, William Scotty^ 
 1337, William Basset}^ 
 
 "2 His name was probably derived 
 from a parish in Suffolk, which is also 
 frequently called Burnedish. In the 
 reign of Edw. I, the manor of Morton, 
 near Ongar, in Essex, was acquired by 
 John de Burndish^ John's son, Nicholas, 
 was probably Robert's father or brother. 
 Id. 
 
 "*In Philipps's Grandeur of the Law 
 {1684) two persons are mentioned as 
 Faunt's descendants, one at Foston, in 
 Lincolnshire, the other at Kingsthorpe, 
 in Northampton county. Id. 
 
 "' From the Common Pleas, 
 
 "'With John de Shardelowe for the 
 latter's place in the Common Pleas. 
 Remaining there little (if at all) more 
 than a year, he resumed his seat in the 
 King's Bench Jan. 8, 1341, and retained 
 it nearly four years. Id. 
 
 "'Of a Cornish family, the descend- 
 ants of which still flourish in this 
 county. In the reign of Edw. II, he ap- 
 pears as an advocate ; he had, in 4 Edw. 
 Ill, the degree of the coif, and was 
 afterwards one of the king's Serjeants. 
 He probably died in 1335. Id. 
 
 "8 Of an ancient family which pos- 
 sessed large property in the counties of 
 Lincoln, Warwick and Stafford. Roger 
 was son of William and Agnes Hillary. 
 He is mentioned as an advocate in the 
 
 Year Books of Edw. II and Edw. Ill ; 
 he was raised to the Irish bench as chief 
 justice of the Common Pleas in 3 Edw. 
 Ill, where he remained for eight years. 
 Id. 
 
 "'Mr. Foss says: "If H. Phillips, 
 in his 'Grandeur of the law' (1684) is 
 right in saying that Sir Thomas Scott, 
 then of Scott's Hall, in Kent, was de- 
 scended from him, it would seem that 
 the original name of the family was 
 Baliol, and that William, the brother of 
 John Baliol, king of Scotland, who fre- 
 quently wrote his name as William de 
 Baliol le Scot, after the contest for the 
 crown in the reign of Edward I, had 
 terminated in his brother's overthrow, 
 politically dropped bis patronymic, and 
 retained only the national addition he 
 had assumed. In the reign of Edw. Ill, 
 this family was seated in the parish of 
 Braborne, in Kent; and it was not till 
 Henry VI's time that they were re- 
 moved to Scott's Hall, a raanour in the 
 neighbouring parish of Smeeth (Has- 
 ted viii, 5)." William Scott was a 
 pleader in the courts from 3 Edw. Ill, 
 and was, in 8 Edw. Ill, made one of 
 the king's Serjeants. Foss's Biogr. Jurid. 
 
 i™A native of Staffordshire; an ad- 
 vocate in the reign of Edw. II, and in 
 the first ten years of that of Edw. III. Id. 
 
558 Reign of Edward III [tit. v 
 
 1339, May 2, William Scott removed from this court.**' 
 
 1339, September 6, John de Shardelowe^*'^ exchfinged his court. 
 
 1340, February 4 (14 Edw. Ill), James de Wodestoke}^ made a 
 judge."* 
 
 1340, May 23 (14 Edw. Ill), Robert Parning^^ made a judge.'*" 
 
 z6. OJ the parliament in p Edw. Ill; its enactment as to the mode 
 oj proceeding in a suit against two or more executors. OJ the 
 parliament in 10 Edw. Ill; its curious legislation. Also oJ 
 parliament in 11 Edw. III. 
 
 From the first of the statutes made in the parhament at York, in 
 9 Edw. Ill,'*' is taken the following part of chapter iii as to a "writ 
 of debt brought against divers executors" : 
 
 " Although some of them have appeared in the court and make 
 default at the day that the great distress is returned upon the other, 
 yet nevertheless he or they shall be put to answer, that first appeared, 
 at the great distress returned ; and in case the judgment pass for the 
 plaintiff, he shall have his judgment and execution against them, that 
 have pleaded, according to the law heretofore used, and against all 
 
 1^' Into the King's Bench. the year in which he was appointed, or 
 
 182 Dugdale, who says that " he ex- the beginning of the next. At his 
 changed his court with Robert de Scar- death he was in possession of the manor 
 deburgh for that of the King's Bench of Brunes Norton, in Oxfordshire, and of 
 on September 6, 1339," also "states that of Holshute, and of Appleton in 
 that fines continued to be levied before Berkshire. Id. 
 
 him till a. month after Mich. 1340 :" I'^He was possessed of considerable 
 
 therefore " it would seem that his ab- property in Cumberland, and was re- 
 
 sence from the Common Pleas was but turned to parliament in the last year of 
 
 temporary." Id. the reign of Edw. Ill, as one of the 
 
 183 His place of birth may be pre- representatives of that county. He took 
 sumed from his name, and from his the degree of a serjeant-at-law in 3 
 being employed, in 9 Edw. Ill, to raise Edw. Ill ; he is mentioned as the king's 
 money for the king in Oxfordshire. Serjeant in 8 Edw. HI, and frequently 
 He was of Holshute, in Hampshire, acted as a judge of assize before he was 
 and was member for the counl?y of called to the bench. Id. 
 
 Berks in 1336. From 8 Edw. Ill, his 1^ Raised July 24, 1340, to the head 
 
 name occurs in. commissions for the of the King's Bench. Id. 
 
 trial of offences, gradually rising therein '^' " On the morrow after the ascen- 
 
 to the highest position. Id. sion." i Stat, of the Realm, p. 267, 
 
 184 
 
 He died either in the latter part of et seq. 
 
CH. XIX.] 
 
 1327 TO 1377. 
 
 559 
 
 other named, in the goods of the testator, as well as if they had all 
 pleaded."'^ 
 
 In 10 Edw. Ill there was more than one session of parliament. 
 The enactments at Westminster, the Monday next after Midlent,''' 
 are mentioned below.™ Statute the third, enacted at Nottingham 
 ^'the Monday next after the feast of St. Matthew the Apostle,""^ was 
 passed to lessen the number of courses at meals and the cost of each 
 mess."" This curious legislation seems to have been during the 
 second chancellorship of John de Stratford, when the seal had been 
 given to his brother Robert as locum, lenens}^^ 
 
 The only statute of the parliament in 11 Edw. Ill (1336-7),"* is 
 that mentioned below."^ 
 
 1*8 Ch. iv, p. 271, is that " where deeds 
 are dated where the king's writ runneth 
 not, inquests shall not be delayed for the 
 absence of witnesses to the deeds." Ch. 
 T, p. 272, is that "justices of assize, &c., 
 shall send all their records determined 
 into the Exchequer." Stat. 2 (in 9 
 Edw. Ill), pp. 273, 274, is as to money 
 and plate. 
 
 •*»I Stat, of the Realm, p. 275, ei seg. 
 
 i^'Stat. 1, on p. 275, confirms former 
 statutes, and the Great Charter and the 
 Charter of the Forest, and malces fur- 
 ther provision as to pardons. 
 
 Stat. 2, pp. 276, 277, is as to pur- 
 veyance; and contains, pp. 277, 278, 
 •articles as to "notorious malefactors, or 
 maintainers of malefactors " ; concern- 
 ing sheriffs and hundreds ; of gaols ; of 
 writs of niefty ; and of return of money 
 levied for archers, &c. 
 
 "1 1 Stat, of the Realm, pp. 278, 279. 
 Sept. 21 was the day of St. Matthew the 
 Apostle. 
 
 ''^This statute recites that "through 
 the excessive and over many sorts of 
 costly meats which the people of this 
 realm have used more than elsewhere, 
 many mischiefs have happened." — "For 
 the great men, by these excessess, have 
 been sore grieved, and the lesser people. 
 
 who only endeavoured to imitate the 
 great ones in such sort of meats, are 
 much impoverished." It ordains that 
 "no man, of what estate or condition 
 soever he be, shall cause himself to be 
 served, in his house or elsewhere, at din- 
 ner, meal or supper, or at any other time, 
 with more than two courses, and each 
 mess of two sorts of victuals, at the 
 utmost, be it of flesh or fish, with the 
 common sorts of pottage, without sauce 
 or any other sort of victuals ; . and if any 
 man choose to have sauce for his mess, 
 he well may, provided it be not made at 
 great cost ; and if flesh or fish be to be 
 mixed therein, it shall be of two sorts ■ 
 only, at the utmost, either fish or flesh, 
 and shall stand instead of a mess ; except 
 on the principal feasts of the year" (which 
 are specified) ; " on which days and 
 feasts every man may be served with 
 three courses at the utmost, after the 
 manner aforesaid." /^., pp. 278, 279. 
 W3 See next section. 
 
 194 At Westminster, " the Monday next 
 after the feast of Saint Matthew the 
 Apostle." I Stat, of the Realm, pp. 
 280, 281. 
 
 195 Against the exportation of wools ; 
 against the importation or use of foreign 
 cloth, and against wearing fur in clothes ; 
 
560 Reign of Edward III [tit. v 
 
 17. Of the Master of the Rolls — Michael de Wath, i 334-1 337 ; fohn 
 de St. Paul, after 1337. Of Henry de Burghersh, treasurer from 
 1334 to 1337. Of fohn de Stratford, chancellor, i 335-1 337 ; 
 Robert de Stratford, locum tenens in that time, and chancel- 
 lor 1337-1338 ; Richard de Bynteworth, chancellor 1338-1339.. 
 Thomas de Baumbaugh, sometimes keeper of the Great Seal. 
 
 Michael de Wath^^ received the appointment of Master of the 
 Rolls on Jan. 20, 1334,"' and held the office until April 28", 1337, 
 when he was succeeded by fohn de St. Pauiy^ 
 
 The Great Seal having been resigned by Richard de Bury, June 
 6, 1335, was then restored to fohn de Straford, and retained by him. 
 for nearly two years — viz., till March 24, 1337."' The Seal was with 
 his brother Robert as locum tenens part, if not the whole, of the time 
 between June 6, 1335, and March 24, 1337, when, on John's resigna- 
 tion, Robert was himself constituted chancellor. He was in the 
 following September, raised to the bishopric of Winchester; and on 
 the 6th of July, 1338, exonerated from the chancellorship.™ 
 
 and encouraging cloth-workers of other de Stratford, the chancellor. In 1340 
 
 lands to come into England, Ireland, the House of Converts, in Chancery 
 
 Wales and Scotland. Id. Lane, was granted to John de St. Paul 
 
 "^ Of a Yorkshire family. In 16 Edw. for life. The Great Seal was twice de- 
 ll (1332), when surety for an adherent posited with him and other clerks — viz.,, 
 of the earl of Lancaster, he is described from July 6 to 19, 13.38, and from Dec. 
 as 'clericus.' Two years afterwards he 8, J339, to Feb. 16, 1340; one of his. 
 was in a commission to assist the arch- associates during some part of the time 
 bishop of York in removing foreign being Michael de Waih. On the latter 
 priests in the East Riding of that county. day (Feb. 16, 1340) yohn de St. Paul 
 In June 1332 (6 Edw. Ill) he was one was appointed sole custos till the res- 
 of the tallagers there (N. Fcedera, 574, toration of Archbishop Stratford, on 
 840), and was probably a clerk in the April 28th. He again was such custos- 
 chancery, which was often held at York. for a short time, on the resignation of 
 He was certainly acting as one of the the archbishop in the following Tune. Id,. 
 clerks of the chancery in 1338 and 1340. ''' During the greater part, if not the 
 Foss's Biogr. Jurid. whole, of this time, he was engaged in 
 
 '^' And was sworn in at the abbey of embassies to France and other powers j 
 
 St. Mary, at York. Id. during the next three years he was em- 
 
 198 j\ clerk in the chancery; and the ployed in similar duties and in presiding 
 
 last named of those to whom the cus- over the council while the king was ab- 
 
 tody of the Great Seal was entrusted at s&cA (N. Fmdera, ii, 883-1115). Foss's. 
 
 York, from Jan. 13 to Feb. 17, 1334, Biogr. Jurid. 
 
 during the temporary absence of John ^^Id. 
 
CH. XIX.] 1327 TO 1377. 561 
 
 Two letters published by Sir Henry Ellis''" are prefaced by the 
 following observations : 
 
 " Edward the third, at this time had two chief ministers ; John 
 Stratford, archbishop of Canterbury, his chancellor, and John Bour- 
 chier, bishop of Lincoln, his treasurer. Walsingham, at the close of 
 the events of 1335, tells us that the King kept the archbishop of 
 Canterbury constantly near him. The treasurer, who was at a 
 distance, was, in all probability, the person to whom they were 
 addressed. The opening of the second letter, ' Reverejidissime Pater, 
 et Domine peramande,' shews, at all events, that that letter was 
 addressed to a churchman. Both are dated from York; one, June 
 19th, the other the 3d of August, 1336." 
 
 As to this it may be well to observe that John de Bourchier, or 
 Bousser (mentioned in § 2, p. 530), died in or about 1329; and that 
 Henry de Burghersh, bishop of Lincoln, " after being out of office 
 for four years, had been made treasurer in 1334, but" was " super- 
 seded in 1337."'"" 
 
 In 1338, July 6, the king appointed Richard de Bynteworth'"" 
 (bishop of London) his chancellor. His sudden death, on December 
 8, 1339, ended his tenure of both the bishopric and the chancellorship 
 before he had illustrated either by any memorable act.™' 
 
 Among the clerks or masters in chancery from i to 14 Edw. Ill, 
 was Thomas de Baumburgh?^ He was a favorite with the king ; '"" 
 
 ^"^In vol. I, p. 29 to 39 of 3d series other missions, in all of which he is called 
 
 of Original Letters. ^ juris civilis professor.' In 11 Edw. 
 
 '"^2 Stubbs's Const. Hist., ch. 16 p. Ill, he was keeper of the king's privy 
 
 384. This statement is consistent with seal. He was a canon of St. Paul's at 
 
 what is mentioned in § 18, as to Robert the time of the decease of Stephen de 
 
 deWodehouse; ani in I \^, as to Robert Gravesend, bishop of London, and was 
 
 de Sadington and Roger de Northburgh. immediately called upon to fill the 
 
 '"' He had, in 9 Edw. Ill, a. grant vacant see. His election to it was on 
 
 from the archbishop of Rouen of the May 4, 1338. Foss's Biogr. Jurid. 
 
 manor of Bynteworth, now called Bent- '^^ Id. 
 
 worth, in Hampshire, with the advowson '"^ So called from the place now called 
 
 of its church. He was employed in the Bamborough, in Northumberland, where 
 
 previous year as one of the ambassadors he had property. Id. 
 
 to negotiate the marriage of the king's ^"^ " Who presented him with the 
 
 brother, John, earl of Cornwall, with church of Emildon, and made him bene- 
 
 Maria, daughter of Ferdinand of Spain, ficial grants of lands in that county. Id. 
 and, in several subsequent years, on 
 
 36 
 
562 Reign of Edward III [tit. v 
 
 and acted as keeper of the Great Seal on several occasions, in 1332, 
 i334> 1336 and 1339.™' 
 
 18. Of the king's absence in 1338 ; the lieutenant or keeper of the 
 kingdom in his absence ; and the treasurer during part of the 
 time. 
 
 The king embarked for the continent in July 1338.™ In treating 
 of Magna Ch^rta, ch. 12 (as issued by Henry III), Ld. Coke quotes 
 the words 'Nos vera si extra regnum fuerimus, capital' justic' . nostri 
 mittent justiciar', nostros per unumquemque comitatum^ and speak- 
 ing of this capitalis justitiarius, says : 
 
 " This is he that is constituted by letters patents, when the king is 
 out of the kingdom, to be custos sive guardianus regni, keeper of 
 the kingdom and locum tenens regni, and for his time is pro rex, 
 sucli as was Edward, duke of Cornwall, 13 E. Ill, Lionel, duke of 
 Clarence, 21 E. III."^"' — "That this statute is to be intended of such 
 a lieutenant or keeper of the kingdom," he considers " is proved by 
 this act itself, capitales justitiarii nostri mittent justitiarios nostros, 
 that is, they shall name and send justices by authority under the 
 great seal under their own teste, which none can do but the king 
 himself, if he be present, or his lieutenant, or the keeper or guardian 
 of his kingdom, if he be, as this act speaketh extra regnum; and 
 this exposition is made ex verbis et visceribus actus" ^" 
 
 During part of the time of the king's absence Robert de Wode- 
 house ^'^ filled the office of treasurer of the Exchequer.^'' 
 
 2"' He was in the latter year, 14 Edw. act, and this very name you shall read 
 
 III, one of the receivers of petitions to in Glanvill, who saith 'Prceterea 
 
 parliament, and probably died soon after, sciendum quod secundum consuetudines 
 
 as he is not subsequently named. Id. regni nemo tenetur resfundere in curia 
 
 ™ I Mackintosh's Engl., p. 245, of domini sui de aliquo libera tenemento, 
 
 Phila. edi., 1830; 2 Stubbs's Const. sua sine frcBcepto domini regis vel ejus 
 
 Hist., ch. 16, p. 380. capitalis justitiarii, where capitalis 
 
 209 jf ^e be out of this realm, our justitiarius is taken for custus regni," 
 
 chief justices shall send our justices 2 Inst., 26. 
 
 through every county." 2 Inst., 24. ^^^ Mentioned in \ 5> P- 534- 
 
 21" Ld. Coke adds : " And the teste to ^i' He was promoted to this office 
 
 all original writs were, teste Lionello March 10, 1339, but seems only to have 
 
 f-lio nostro charissimo custode Anglice" continued in it till the following Decefn- 
 
 &c. 2 Inst., 26. ber. He probably died in Jan. 1345 
 
 211 Ld. Co/J^adds: "But then it is de- (19 Edw. HI). By his will, proved 
 
 manded whether this locum, tenens regis, Feb. 3, 1345-6, he ordered his body to 
 
 seu custos regni was called capitalis be buried in the choir of the Augustine 
 
 justitiarius before the making of this monks, at Stamford. Foss's Biogr. Jurid. 
 
■CH. XIX.J 1327 TO 1377. 563 
 
 ig. Of the treasurer in zjjp and 1340; whether Henry de Burg- 
 her sh was in the treasurership in either of those years ; when 
 he died. 
 
 Robert de Sadingtoh, chief baron (as mentioned in § 13, p. 555), 
 was, July 25, 1339, locum teneris of William de Zouche, the treasurer, 
 then abroad; and from May 2 to June 21, 1340, held the office of 
 treasurer.^" 
 
 ■Roger de Northburgh, bishop of Lichfield and Coventry (men- 
 tioned in ch. 18, § 23, p. 518), held the office of treasurer for a short 
 period in 14 Edw. III. 
 
 Henry de Burghersh, bishop of Lincoln, is ''reputed to have pos- 
 sessed great natural abilities and extensive learning " ; and was no 
 doubt in. the royal confidence for a considerable period."* But the 
 statement in an article as to him,''"' that he is found "in the royal 
 confidence as treasurer, from the eighth year of the reign till the end 
 of his life," 'v.'hich. terminated "at Ghent in December, 1340,''" is in 
 conflict, not only with what is quoted from Mr. Stubbs in § 17, p. 561, 
 but also with citations from Mr. Foss, in § 18, as to Robert de Wode- 
 house, 3Md in this section as to Robert de Sadington ■a.tA Rpger de 
 Northburgh. 
 
 20. Two parliaments in 13 Edw. HI; one in Octo. 1339, the other 
 in fan. 1339-4.0. Two Houses in each of these parliaments ; 
 increased weight of the commons. Case wherein before final 
 judgment there were proceedings in a higher tribunal, and a 
 writ sent to the court below to give judgment. 
 
 As stated in § 10, p. 551, it is to 6 Edw. Ill that is referred the 
 division of parliament into more than one house. Two houses are 
 
 ^" Fosf's Biogr. Jurid. for burial in his own cathedral. He 
 
 ^* He " engaged in various negotia- and his brother founded a grammar 
 
 tions as to Edward's claim to the crown school in Lincoln, to which he left 
 
 of France, accompanying the king in maintenance for five poor priests and as 
 
 his expeditions, and becoming bound many poor scholars forever. The bro- 
 
 for him for a loan of ^10,000." Id. ther was ancestor of the earl of West- 
 
 ''^^Foss's Biogr. Jurid., p. 142, of Bos- moreland, and the baroness le Des- 
 
 ton edi., 1870. penser and Burghersh. Id. 
 
 ^" His body was removed to England 
 
564 Reign of Edward III [tit. v 
 
 recognized in 13 Edw. Ill, in parliament at Westminster, in Quin- 
 dena of S. Michael, and in 'the Octaves of S. Hillary.' In the former,, 
 though "the lords grant to the King," the commons made answer, 
 "praying respite until another time";^'* in the latter 
 
 " The commissioners cause sundry, of the Lords and Commons, 
 to assemble in the Chamber of presence, before whom, for that, 
 sundry of both houses were not come, they continued the Parliament 
 from day to day until the Monday next after the Octaves aforesaid, 
 during which time merchants, owners of ships and mariners did 
 attend."™ 
 
 A disposition in the former parliament (October 1339) "to make 
 conditions before assenting to a grant ";^" did not cease'after a new 
 election. The conditions expressed in the latter parliament (Jan. 
 1339-40) were regarded by officers of state as important enough 
 to require the king's personal consideration ; he, in consequence, 
 returned to England on Feb. 21, 1340."^ 
 
 A case in 13 Edw. Ill is mentioned by Fitzherbert.^''^ In that year 
 may have been the following case; it appears to have been after 
 William de Herle retired from the chief justiceship of the Common 
 Pleas and while John de Stonore presided therein : 
 
 Sir John Stanton and Anne, his wife, by fine, give unto T. de C. 
 certain lands in H.; the same T. thereby reverted them back to the 
 same J. and Anne, his wife, to the heirs of Anne. After which Siva J. 
 S. brought his formedon en le descender against said J. and Anne for 
 the premises, wherein, after essoins and other delays by said J., the 
 same Anne, upon prayer, was received and vouched to warrant said 
 J.; which voucher Sir J. counterpleaded: Anne verifieth and saith, 
 if the court shall rule her to answer turther she was ready; upon 
 which counterplea there .was in the common pleas a demurrer; upon 
 which, for that said Sir J. could not get the judges to proceed in 
 judgment, he presented to parliament a petition. Upon which there 
 was sent to the justices a writ and an alias, requiring them to pro- 
 
 218 Cotton's Abr., p. 17, No. 6 to 9. necessarily increased the weight of the 
 
 *'^/</., p. 19, No. 5. Commons. "The enormous grants of 
 
 2'"' Jd., p. 17, No. 7, et seq. 134° were bought by the king's assent 
 
 2^1 Jd, p. 19, Nos. 7, 9; 2 Stubbs's to statutes which provided remedies for 
 
 Const. Hist., ch. 16, p. 380, and p. 382. grievances, of which the Commons 
 
 Mr. Green observes that "the final complained." Hist, of Engl. Peopl., 
 
 division of parliament into two houses," book 4, ch. 2, p. 414, of vol. i, edi. 1879.. 
 
 a change which was completed by 1341, ^^^ Fitzh. Abr., tit. Petition. 
 
•CH. XIX.] 1327 TO 1377. 565 
 
 ■ceed to judgment; and nothing being done by them, there was 
 another petition by Sir J. "Whereupon the whole House com- 
 manded Sir Thomas of Drayton, clerk of the parliament, to go to 
 Sir John Stoner and other of his companions of the common pleas, 
 and to require them, according to the plea pleaded, to proceed to judg- 
 ment, and if they could not so do for difficulty, then that they should, 
 at a day, come into the house and bring with them the whole process 
 •and record. The justices at the day come into the parliament house 
 with the record aforesaid, where, in the presence of all the lords, jus- 
 tices and others of the king's council learned, it was agreed that said 
 Sir J., being a stranger to the fine, might well aver that T. had 
 nothing therein, and that Anne could not vouch J., her husband, nor 
 be received to the averment aforesaid, notwithstanding her protesta- 
 tion in the court, &c. ; wherefore it was agreed that said J. should 
 recover. And thereupon a writ, under the Great Seal, was sent to 
 said justices to give judgment accordingly."*''' 
 
 21. Ordinance in 14 Edw. Ill that the chancellor in a certain matter 
 should have power to hear complaint by bill and proceed by 
 subpoena in chancery. Also of the parliament in this year ; its 
 four statutes, of which the first is pertinent to a case mentioned in 
 the preceding section. 
 
 Rot. Parliam,enti 14 E. j, Numero 33, Un ordena7ice fuit touchant 
 le Priorie de West Shirborne, &c. Et que si rien soit fait encontre 
 cest ordenance que adonque le Chancellor d' Engleterre averoit power 
 doier le complaint per bill et sur ceo a proceeder en mesme maniere 
 come est usuallment accustume a faire dayly en brief de Subpoena in 
 chancery!"* 
 
 The parliament which the king met at Westminster " the Wednes- 
 day next after Midlent," in 14 Edw. Ill (March 29, 1340), had several 
 sessions.''^* They resulted in four statutes ; of which the first,'"'^ after 
 provisions noticed below,"' contains the following enactment perti- 
 nent to the "special and rare case, both for law and power of parlia- 
 ment," mentioned in the preceding section. 
 
 V. "Because divers mischiefs have happened, for that in divers 
 places, as well in the Chancery as in the King's Bench, the Common 
 
 ^^ This report of the case is in Cot- Eq., 338. 
 ton's Abr., p. 30; it is there printed at ^^s Cotton's Abr., p. 22 to 30. 
 
 the end of the proceedings of parlia- ^26, gt^t. of the Realm, 281. 
 
 ment in 14 Edw. Ill, when, as will be ^"i. As to "confirmation of liberties;" 
 
 seen in the next section, there was ii. ",,The king's pardon of chattels of 
 
 enacted a statute pertinent to cases of felons, of fines," &c. ; iii. " Pardon of 
 
 this class. divers debts, &c., due the king;" iv. 
 
 ^^ I RoUe's Abr., tit. Chancery (E), " Engleschrie and presentments thereof 
 
 p. 372, of edi. 1668; cited in i Spence's abolished." 
 
566 Reign of Edward III [tit. v 
 
 Bench and in the Exchequer, before the justices assigned, and other 
 justices, to hear and determine deputed, the judgments have been 
 delayed, sometime by difficulty, and sometime by divers opinions of 
 the judges; It is ordained, established and accorded that from hence- 
 forth at every parliament shall be chosen a prelate, two earls and two 
 barons, which shall have comrnission and power of the King to hear 
 by petition delivered to them, the complaints of all those that will 
 complain to them of such delays or grievances done to them; and 
 they shall have power to cause to come before them at Westminster, 
 or else where the places of any of them shall be, the tenor of records 
 and processes of such judgments so delayed, and to cause the same 
 justices to come before them, which shall be then present, to hear 
 their cause and reasons of such delays; which cause and reasons so 
 heard, by good advice of themselves, the Chancellor, Treasurer, and 
 Justices of the one bench, and of the other, and other of the King's 
 council, as many and such as they shall think convenient, shall pro- 
 ceed to take a good accord, and make a good judgment; and accord- 
 ing to the same accord so taken, the tenor of the said record, 
 together with the judgment which shall be accorded, shall be re- 
 manded before the justices before whom the plea did depend ; and 
 that they hastily go to give judgment according to the same record. 
 And in case it seemeth to them that the difficulty be so great that it 
 may not well be determined without the assent of the parliament, 
 that the said tenor or tenors shall be brought by the said Prelate, 
 Earls and Barons with the next parliament, and there shall be a final 
 accord taken what judgment ought to be given in this case; and 
 according to this accord it shall be commanded to the judges before 
 whom the plea did depend that they shall proceed to give judgment 
 without delay." "' 
 
 Of the same first statute of 14 Edw. Ill, subsequent chapters are 
 on subjects mentioned below.^^' Chapters one, six, seven, eight, nine, 
 
 228 « ^jjj tQ ijegiii to do remedy upon assist the said commissioners." 4 Hat- 
 
 this ordinance, it is assented tliat a com- sell's Prec, Appendix No. 4, pp. 358, 
 
 mission and a power shall be granted to 359. 
 
 the archbishop of Canterbury, the earls In 1689, May 1, in "Mr. Petyt's re- 
 
 of Arundel and Huntington, the Lord port on delays of judgments," &c., he 
 
 of Wake, and the Lord Ralf-Basset to says : " I conceive the statute of 14 
 
 endure till the next parliament." After Edw. Ill is still in force; but there are 
 
 which there was a provision as to oaths two things which will be necessary to 
 
 and the number of ministers. I Stat, of put it in execution : The first is, that 
 
 the Realm, pp. 282, 2S3. such prelate, earls and barons must be 
 
 This statute of 14 Edw. Ill, is re- nominated by assent of parliament ; the 
 
 cited in g Ric. II, in a commission " to second is, that there must be a commis- 
 
 thirteen commissioners, de audiendo sion under the Great Seal granted by 
 
 querulam Thomas Lovel, de assensu the king to them." Id., p. 359. 
 
 parliamenti, commanding the chancel- "^ Ch. vi, making " records defective 
 
 lor, the treasurer, the justices, and others by misprision of clerks amendable;" 
 
 of the king's counsel, to attend and vii. That "sherififs shall be appointed 
 
CH. XIX.J 
 
 1327 TO 1377. 
 
 567 
 
 fourteen and sixteen (or parts thereof) are retained in i ' Statutes 
 Revised.' ''» 
 
 ■ Other statutes of 14 Edw. Ill are as subjoined.''" Statute 14 Edw. 
 Ill, " of jailors or keepers, who by duress make the prisoners to be 
 approvers," is cited in connection with the resolution against tor- 
 ture.'^' 
 
 22. Of John and Robert de Stratford; in 1340 the chancellorship 
 was in April in John for the third, and in July in Robert for the 
 second, time. In Noveinber the King removed the Chancellor, 
 several of the judges and other officers and caused arrests and 
 imprisonments. The course now of John de Stratford Archbishop 
 of Canterbury ; his controversy with the King. By patent of 18 
 Jan. in 14 Edw. Ill, ' Prcspositus et scholares Aula Regince de 
 0x07i' incorporated. 
 
 Since 1330 Edward had depended chiefly on the two Strat- 
 
 annually at the Exchequer; viii. As to 
 the number of escheators, by whom they 
 shall be chosen, and their tenure of 
 office; and who may be chosen coro- 
 ners; ix. As to hundreds and wapen- 
 takes, the sheriffe holding or letting 
 to farm the same, and their bailiffs; 
 X. That " sheriffs shall have the keeping 
 of the gaols;" xi. Of clerks to receive 
 recognizances according to the statute 
 merchant; xii. Of "one measure and 
 one weight throughout England;'' xiii. 
 Of a return by the escheator in some 
 cases " by a good and true extent in the 
 chancery;'' and how "by accord, be- 
 twixt the chancellor and treasurer," 
 there may be a commission ; xiv. Of the 
 proceedings on petition for land in the 
 king's hands; xv. Against "pardon for 
 felony inconsistent with the king's oath;" 
 xvi. Of granting nisi prius and giving 
 judgment; xvii. Of writs oi jurisutrum; 
 xviii. That " demandant may aver the 
 death of the vouchee;" xix. Of pur- 
 veyance; XX. Of subsidies of the ninth 
 and fifteenth ; xxi. Of subsidy on wool, 
 woolfells and other merchandize. Ac- 
 cording to ch. X is Cotton's Abr., p. 45, 
 No. 43. As to ch. XX, there is further 
 
 provision in 15 Edw. Ill, by statute the 
 third, pp. 297, 298. 
 
 ^lOEdi. 1870, p. 158'to 165. 
 
 ^'^ Statute the second, in ch. i, recites 
 grants of the ninth and fifteenth, and 
 provides that they "shall not another 
 time be had in example." Ch. ii, pro- 
 vides "safe conduct, &c., for alien mer- 
 chants." Ch. iii, is as to " pardons of 
 chattels of felons," &c. Ch. iv, is as 
 to " The custom upon wool and leather 
 after the expiration of the subsidy." 
 I Stat, of the Realm, p. 289 to 292. 
 
 Statute the third is, that " the realm 
 and people of England never shall be 
 subject to the kings of England as kings 
 of France.'' Id., p. 292. 
 
 Statute the fourth embraces ch. I, as 
 to " purveyance of the goods of spiritual 
 persons;" ch. 2, of "presentment to 
 churches made by the king in another's 
 right;" ch. 4, that " escheators, &c., 
 shall keep temppralities without doing 
 waste;" ch. 5, as to "chancellor, trea- 
 surer, and others of the council, em- 
 powered to let the temporalities of 
 bishops," &c. 
 
 2323 Stat, of the Realm, p. 371. 
 
568 
 
 Reign of Edward III 
 
 [tit. V 
 
 fords.'''' After 1337 when Henry de Burghersh was superseded as 
 treasurer, John Stratford, as archbishop, chancellor, and president of 
 the royal council, was supreme in the treasury, as well as in the 
 chancery. In 1340, John had taken the chancellorship for the third 
 time (April 28); but in two months (June 28) he resigned it and 
 his brother Robert became chancellor for the second time. In the 
 same summer .Robert accompanied the king to France, and John 
 was left as President of the council.''''' 
 
 "Both brothers were honest, if not brilliant administrators; they 
 had risen from a comparatively humble rank, and in the struggles in 
 which they had taken so active a part, had made enemies.'''" Ed- 
 ward's difficulties in obtaining money, his lack of success in the war" 
 (with France) "and probably" the archbishop's "opposition to its 
 continuance, gave" his "rivals their opportunity." "Prompted by" 
 them " Edward who had been obliged by want of supplies to retire 
 from the siege of Tournay, returned hastily to England, unexpectedly 
 landed at the Tower on the 30th of November, and on the following 
 day removed from office the chancellor^" and the treasurer, bishop 
 iVorMi^Mr^/z'"' of Lichfield. The judicial bpdy fared worse; Richard 
 Willoughby, viho had until lately been the chief justice of the Bench,'" 
 
 ^"John who, while bishop of Win- 
 chester, drew the charges against Ed- 
 ward II, and who, in 1333, became 
 archbishop of Canterbury, and Robert, 
 his brother, and archdeacon, who be- 
 came, in 1337, bishop of Chichester. 
 2 Stubbs's CQnst. Hist., ch. 16, pp. 383, 
 
 384- 
 
 ^** Foss's Biogr. Jurid. ; 2 Stubbs's 
 Const. Hist., ch. 16, p, 384. In the pro- 
 ceedings of the parliament, of 14 Edw. 
 Ill, is this : " The duke of Cornwall 
 shall be keeper of England in the 
 king's absence, and the archbishop of 
 Canterbury and the earl of Huntingdon 
 to be chief councillors of the realm. 
 The bishop of Lincoln shall go to the 
 king to be his councillor." Cotton's 
 Abr., pp. 55, 56. ^^Id. 
 
 236 2 Stubbs's Const. Hist., ch. 16, 
 ^ 258, p. 385. Mr. Foss, after mention- 
 ing that he accompanied the king to 
 France, says he " was with him before 
 Tournay. When he quitted the camp 
 he left enemies behind him, who 
 whispered in the king's ear that his dis- 
 
 appointment in receiving supplies was 
 attributable to his ministers at home. 
 The king was too easily persuaded, and 
 making a hurried journey, arrived at the 
 Tower of London in the middle of the 
 night on November 30, and the next 
 morning not only took the Great Seal 
 away from the bishop, but threatened 
 him with imprisonment, being only pre- 
 vented from carrying his intentions into 
 execution by the Clementine prohibition 
 against such an indignity on ecclesiastics 
 of that rank." Biogr. Jurid. 
 
 '^"Mentioned in § 19, p. 563. He died 
 in 1359, and is commemorated among 
 the chancellors and benefactors of Cam- 
 bridge." Id. 
 
 ^^ Mr. Foss, after mentioning that. 
 Geoffery le Scrope resigned the office of 
 chief justice of the king's bench 'in the 
 middle of 1338,' says: "From this 
 time there is no doubt that Wilughby 
 presided in the court until he was dis- 
 placed, on July 24, 1340; and, on the 
 9th of October following, he was re- 
 stored to the Common Pleas." Then 
 
CH. XIX.J 
 
 1327 TO 1377. 
 
 569 
 
 John Stonor chief justice of the Common Pleas,''''' and William 
 Shareshull a judge of the same court,**" together with the chief 
 clerks of the chancery,"" and some of the most eminent merchants, 
 William "" and Richard de la Pole and with them the lord Wake, 
 were arrested and imprisoned. The archbishop, who was at Charing, 
 hearing of the arrest of the judges, betook himself to his palace at 
 Canterbury as to a sanctuary." '^^ 
 
 Mr. Foss cites Stephen Birchington 
 {Angl. Sac. i, 21) as saying that he was 
 one of the judges who were arrested by 
 the king on his hasty return to England 
 at the end of November, 1340." Biogr. 
 Jurid. 
 
 '"Mr. Foss agrees (citing Barnes's 
 -Edw. Ill, 273,) and states that Roger 
 Hillary was constituted his successor, 
 but that Stonore was restored to his 
 place of chief justice of the Common 
 Pleas, May 9, 1342. Biogr. Jurid. 
 
 '*" In no very long time he recovered 
 the royal favour, being reinstated May 
 10, 1342. Id. 
 
 '^'^ Michael de Wath (mentioned in \ 
 17, p. 560,) was one of those cast in 
 prison for mal-administration. John de 
 Stratford, archbishop of Canterbury, 
 remonstrated against this clergyman's 
 imprisonment and procured his release. 
 So late as 1347, he (Michael de Wath) 
 is named as one of the commissioners 
 to enquire as to complaints of inhabit- 
 ants of Frismerk, in Yorkshire. Id. 
 
 John de St. Paul, master of the 
 Rolls (mentioned in § 17, p. 560,) being a 
 clergyman, obtained through Archbishop 
 Stratford's intervention a release from 
 prison ; though not restored to the mas- 
 tership of the Rolls, St. Paul was, after 
 awhile, allowed to r.esume his old posi- 
 tion among the masters in chancery. Id. 
 ■ ^2 Stubbs, p. 385. William de la 
 Pole, who in 1339 and the early part of 
 1340 was on the Exchequer bench, is 
 mentioned in \ 13, p. 556, In the pro- 
 ceedings of the parliament in 14 E. Ill 
 may be seen the following: "Sir Wil- 
 liam de la Pool appointed to pay to the 
 King before Michaelmas, three hundred 
 
 marks beyond the sea, so as he might 
 have his competent of wool, or else the 
 first ninths granted in Suffolk." Cotton's 
 Abr., p. 29. Mr. Foss, speaking of his 
 sufferings from the king's indignities says: 
 " He was imprisoned, and all his estates 
 were taken into the king's hands. The 
 particular charge against him arose from 
 a commission which he had received as 
 to the purchase and sale of wools for the 
 king's use (N. Foedera ii, 988). A judg- 
 ment was given against him in the Ex- 
 chequer, but the whole process was 
 annulled in the parliament of July 1344 
 (Rot. Pari, ii, 154). He lived for more 
 than twenty years afterwards, highly in 
 the king's favour. The remainder of his 
 life is principally illustrated by his found- 
 ing and liberally endowing an hospital 
 at Kingston-upon-HulI, which in the 
 last year of his life he obtained a license 
 to convert into a religious house of nuns, 
 of the order of St. Clare (Abb. Rot. 
 Orig. ii, 286). He died on April 21, 
 1366." Biogr. Jurid. 
 
 ^^^2 Stubbs, p. 385. Mr. Foss speak- 
 ing of the king's " coming suddenly to 
 Englaiid on November 30, 1340," says, 
 "he removed the chancellor, confined 
 some of the judges and hastily sent for 
 the archbishop. The primate, however, 
 thought it prudent to escape to Canter- 
 bury, and to refuse to answer except be- 
 fore his peers." Biogr. Jurid. The 
 controversy is curious. See I Cotton's 
 Abr., 31 to 35; i State Tr., 57 to 65; 
 
 1 Campbell's Lives of the Chancellors, 
 ch. 14, p. 238 to 244 of 2d edi. (1846), 
 p. 225 to 230 of Boston edi. 1874; 
 
 2 Stubbs's Const. Hist., ch. 16, p. 385 to 
 391- 
 
570 Reign of Edward III [tit. v^ 
 
 The name of the corporation under a patent granted i8th Jan., in 
 14 Edw. Ill, is "Propositus et Scholares Aulcs Regintz de Oxon." 
 King E. Ill, in his charter, called the said Hall a college, as in truth 
 it is.""* 
 
 2j. Robert de Bourchier (or Bousser) made chancellor Dec. 14, 
 1340. Thomas de Evesham Master of the Rolls frorn Dec. 10, 
 1340, till Feb. 27, 1341-, when John de Thoresby {or Thursby) 
 was appointed. How far Thomas de Evesham, Edmund de 
 Grymesby, Thomas de Brayton {or Drayton) and Thomas de- 
 Pardeshowe were entrusted with the Great Seal. Robert de 
 Bourchier ceased to be chancellor in October, 1341. Robert 
 Parning, who had filed successively the offices of justice of the 
 Coinmon Pleas, Chief fustice of the King's Bench and Treas- 
 urer of Englafid, was -made Lord Chancellor Octo. 27, 1341, and' 
 ' continued in the office till his death, in August 1343. During 
 part of this time the King was on the continent, and his son 
 regent. Who did the duties of the Great Seal during Parn- 
 ing's illness and until Sep. sp, 1343. Then Robert de Sad- 
 ington made chancellor. 
 
 The king, having resolved to appoint a lay chancellor, selected 
 Robert de Bourchier (or Bousser) ; ^'•^ he was sworn in on Dec. 14,, 
 1340, and had a grant of ^500 a year beyond the accustomed fees.'** 
 
 Thomas de Evesham^" Edmund de Grymesby"^^^ and Thomas de 
 
 ''"Dr. Ayray's case, 11 Rep. 18 (5. in the battle of Cadsant, where Guy, the 
 
 ''■^'^ Eldest son of John de Bourchier, brother of the earl of Flanders was taken 
 
 or Bousser, (mentioned in \ 2, p. 530). prisoner; next he appears at the Parlia- 
 
 Robert began his career in 17 Edw. II, ment in Lent, 1340 (Rot. Pari, ii, 113). 
 
 as a man-at-arms, and was returned in ^'^ Id. 
 
 that character by the sheriffs of Essex, ' ''*' He held some place in one of the 
 as summoned to attend by general departments of the court as early as 1313 
 proclamation (Pari. Writs ii, p. I, (6 Edw. II), when he accompanied the 
 652); in 2 Edward III, before his king abroad; was in 1319 one of the 
 father's death, he was one of the knights attorneys for Rigand de Asseno, the 
 returned to parliament for that county, pope's nuncio [N. Fcedera ii, 212, 399),. 
 and received for his attendance at the and appeared as privy for the abbot of 
 rate of four shillings a day (Rot. Pari, ii, Evesham in the parliaments of 16 and 
 441). In July 1334, he was appointed 18 Edw. II. Foss'sBiogr. Jurid. 
 chief justice of the King's Bench in ^^Of the town of that name in Lin- 
 Ireland (N. Foedera ii, 890). At the colnshire, where he had considerable; 
 commencement of Edward's claim to the property. He was probably son of 
 crown of France he was engaged in 1337 Simon de Grymesby, escheator to the 
 
CH. XIX.] 
 
 1327 TO 1377. 
 
 571 
 
 Brayton (or Drayton),"' were clerks in the chancery."*" On the 
 appointment of Sir Robert Bourchier as chancellor, the Great Seal 
 was placed in the hands of* Thomas de Evesham, under the seals of 
 two of the other clerks, and so remained from December 16, 1340, 
 to the ist of January following. On the loth of that month he was 
 raised to the office of Master of the Rolls.''"' 
 
 Edmund de Grymesby was one of the two clerks under whose 
 seals the Great Seal was placed from Dec. 16, 1340, to the end of 
 the year.®' Thomas de Brayton (or Drayton), "from 14 to 27 Edw. 
 Ill," " was frequently one of those entrusted with the custody of the 
 Great Seal." "^ 
 
 When Sir Robert Bourchier, the chancellor, left London, on Feb. 
 
 king; and is mentioned as one of the 
 procurators to appear for the abbot of 
 Thornton in the parliaments of 17 and 
 18 Edw. II. In the next year he was 
 parson of the church of Preston. In 
 7 Edward III (1338) he was appointed 
 keeper of the rolls in the Irish chancery. 
 Two years afterwards he was sent to 
 England to obtain loans for the king to 
 carry on the war with Scotland. Id. 
 
 '*'Had a grant of the prebend of 
 Fynglas in the church of Glasgow in 
 13 Edw. II. He accompanied the King 
 to France in 3 Edward III, and was en- 
 gaged in missions of trust, in several of 
 the following years. Id. 
 
 ^™As such, Thomas de Evesham is 
 mentioned in July 1328 (2 Edw. III). 
 Id. Mr. Foss after speaking of Edmund 
 de Grymesby in 7 Edw. Ill, says in con- 
 nection with his missions "two years 
 afterwards," he was " no doubt then a 
 master or clerk in the English chancery, 
 in which office he continued to act till 
 the 25th, and perhaps the 27th year 
 of the reign, being a receiver of pe- 
 titions in all the parliaments assembled 
 in that interval." Id. Of Thomas de 
 Brayton (or Drayton) it is said " his 
 appointment as a clerk in the chancery, 
 it would appear, occurred about 6 Edw. 
 
 Ill, as in the parliament of that year 
 he was a receiver of the petitions." Id. 
 
 ^51 But it would seem that this was a 
 mere temporary appointment, for he 
 was superseded by yohn de Thoresby on 
 Feb. 21, after being only six weeks in 
 the place. He immediately resumed 
 his duties as a clerk in the chancery 
 (TV. Fader a ii, 745, 1 172,) which he 
 continued to perform during the re- 
 mainder of his life. He died in 1343, 
 possessed of land at Weston Underegge, 
 in Gloucestershire. His London resi- 
 dence was in ' Faytour Lane.' Foss's 
 Biogr. Jurid. 
 
 252 And from Sept. 2 to Octo. 8, 1351. 
 
 m. 
 
 ^^ Either dvudng absence of the chan- 
 cellors, or in intervals of vacancy in 
 the office from 1340 to 1353. He con- 
 tinued to act as a clerk of the chancery 
 till 33 Edw. III. Id. 
 
 Sir ThoMas Drayton was clerk of the- 
 parliament in 14 Edw. Ill, 15 Edw. Ill, 
 17 Edw. Ill, 18 Edw. Ill, and 20 Edw. 
 III. Cotton's Abr., pp. 22, 31, 36, 43^ 
 46. Mr. Foss suggests that he may 
 have been connected with a Norfolk 
 family, having possessions in Great. 
 Yarmouth. Biogr. Jurid. 
 
.572 
 
 Reign of Edward III 
 
 [tit. V 
 
 14, 1 341, Thomas de Pardeshowe (called a clerk in the chancery) 
 had the custody of the Great Seal, under the seals of Thomas de 
 Evesham, the Master of the Rolls, and Thomas de Brayton. From 
 the terms of the record, Mr. Foss considers " that the two latter only 
 were appointed to execute the functions of the ofiBice, which they did 
 till" the chancellor's "return, on March 3."^" 
 
 In 1341 on Feb. 21, John de Thoresby (orThursby^^ was ap- 
 pointed Master of the Rolls.'^' 
 
 It has been supposed that the appointment of Robert de Bourchier 
 (or Bousser) as chancellor was "very distasteful to all parties.'"®' 
 However this may be, it is certain that the king parted with him as 
 chancellor, in October 1341.^°* 
 
 "Robert Parning'^'' took the.stateand degree of a Serjeant in law 
 in 3 E. Ill, and became the king's Serjeant, and for his profound and 
 excellent knowledge of the laws,'™ in Trin. Term 14 E. Ill, was 24 
 
 25* Jd 
 
 ^"^Born at a manor of that name in 
 Wenleydale, in Yorkshire, which had 
 been long in the family; second son of 
 Hugh de Thoresby, who was lord of it 
 in 9 Edw. II. He greatly distinguished 
 himself while at Oxford by his attain- 
 ments in the study of divinity, taking a 
 high degree ' in both laws.' So early 
 as I Edw. Ill, he was the last named in 
 a mission to the pope to procure the 
 canonization of Thomas, duke of Lan- 
 caster. Then he probably was a, clerk 
 in the chancery, where he continued to 
 act for several years. Having, in 10 
 Edw. Ill, been served in open court 
 with a monition to appear before the 
 pope on an appeal, the papal messengers 
 were committed to prison Sk guilty of 
 contempt, and were only released by the 
 intercession of Queen Philippa. (Prynne 
 on 4th Inst.) This, however, did not 
 prevent his being sent to the pope, four 
 years afterwards, to obtain a dispen.sation 
 for the marriage of Hugh le Despenser 
 Avith the daughter of the earl of Salis- 
 bury. Foss's Biogr. Jurid. 
 
 =56 Jd. 
 
 ^^ Mr. Foss thinks this is evident 
 "from the petitions in the next par- 
 liament, praying that in consequence of 
 the evils arising from bad counsellors, 
 the king should, in future, make the 
 chancellor, chief justices, and other 
 ofiScers in full parliament, and that they 
 should there be openly sworn to observe 
 the laws.'' Biogr. Jurid. 
 
 258 Then Bourchier joined the king's 
 army with so large an array that his 
 allowance amounted to ;^40i loj. He 
 distinguished himself at the battle of 
 Cressi, and was engaged as one of the 
 ambassadors to treat for the subsequent 
 peace. He was summoned to par- 
 liament as a peer from 16 Edw. III. 
 Falling a sacrifice to the plague that 
 raged in 1349, he was buried in Hal- 
 sted church, where his monurnent re- 
 mains. Id. 
 
 259 Mentioned in \ 15, p. 558. 
 
 260 2 Inst., 79. Was made a justice of 
 the Common Pleas, May 23, 1340, 
 Foss's Biogr. Jurid. 
 
CH. xix.J 1327 TO 1377;.-: . [ 573 
 
 /ulit, by writ, created chief justice of England ; in which ' office he 
 remained until the 15th of December following; on which day he 
 was made lord treasurer of England.'*' In that office he remained 
 until the 15th year, of the same king (Oct. 27, 1341) and thpn was 
 constituted lord chanddlor." »2 . 
 
 From October .4, 1342, to March 2, 1343, the king was absent from 
 England pn a visit to Brittany, and his son Edward was regent.'*' 
 
 Parning's attending the Common Pleas and hearing- matters of law 
 debated is mentioned by Lord Coke in more than one place.''" He 
 teUs us 
 
 "Sir Robert Paming that was jlord chancellor in 14 E. Ill, and 
 had been chief justice of the common pleas, would, in the term time 
 coine and sit in the court of common pleas to hear matters in law 
 debated and resolved, when he was lord chancellor, and speak to 
 them himself'"** 
 
 Sir Robert Paming continued chancellor till his death™ in 1 343."" 
 
 John de Thoresby, or Thursby, did the duties of the Great Seal in 
 1343 during the illness of Chancellor Paming until his death. On 
 that event there was a commission to him and John de St. Paul 
 (mentioned in § 17, p. 560) and Thomas de Brayton, or Drayton (men- 
 tioned in this section on p. 571), "que vous receives notre Grant Seal 
 en la presence de notre conseil a Londres etjacey reo que a V office du 
 dit Seal appeint come gardeins dicel tanque nous cut eoms autremont 
 
 261 The king, probably, having as high ^^^Lgrd Coke specifies Hil., 17 E. Ill, 
 
 an opinion df his integrity as of his 14 b^ and Trin., 17 E. Ill, 37 6/ and 
 
 l^al attainments. Id. states that, " in both these terms, Sir 
 
 *' Id. John de Stonore, Knight, was chief jus- 
 
 ^2 Stubbs's Const. Hist., ch. 16, tice of the court of common pleas." 
 
 p. 392, note I. 2 Inst., 562. 
 
 264 « ■Y\as, man, knowing that he that ''^ He left by his wife Isabella, a son 
 knew not the common law, could never named Adam, who succeeded to eight 
 well judge in equity (which is a just manors and other property in the 
 correction of law in some cases), did counties of Cumberland and Northum- 
 usually sit in the court of common pleas berland. Foss's Biogr. Jurid. 
 (which coiftt is the lock and key of the ''■^ In saying that ' he died on August 
 common law), and heard matters in law 26, 1348,' there is as to the figure 8 
 there debated, and many times would either a mistake by the author or a mis- 
 argue himself, as in the report of 17 E. print in Foss's Biogr. Jurid., p. 502, of 
 III it appears." 2 Inst., 79, Boston edi. 1870. 
 
574 
 
 Reign of Edward III 
 
 [tit. V 
 
 ordeinez." They acted under this commission from its date, the 
 :26th day of August,''*^ until September 29, 1343.^' 
 
 On that day, the Great Seal was delivered to Robert de Sadington 
 (mentioned in § 13, p. 555) as chancellor. 
 
 2^. Additional appointments to the Exchequer Bench between Decem- 
 ber, 1340, and May, 1350. 
 
 1341, Jan. 20 (14 Edw. Ill), Thomas de Blaston (mentioned in § 7, 
 p. 543), received a new patent. 
 
 1341, Jan. 20 (14 Edw. Ill), Gervase de Wilford,^'"' made a baron. 
 1341, Jan. 20 (14 Edw. Ill), William de Broclesby^''^ made a baron. 
 1341, Jan. 20 (14 Edw. Ill), William de Stowe^^ made a baron. 
 
 1344, July 2 William de Shareshull, raised^" to the office of Chief 
 Baron."* 
 
 1345, November 10, John de Stouford {or Stonford), raised "° to the 
 office of Chief Baron."" 
 
 2^ I Campbell's Lives of the Chancel- 
 lors, ch. 14, p. 248, note, 2d edi. (1846), 
 p. 233 of Boston edi. 1874. 
 
 2^' John de St. Paul was made arch- 
 deacon of Cornwall in 1346, and arch- 
 bishop of Dublin about October 1349. 
 He presided there for thirteen years and 
 died in 1362. Foss's Biogr. Jurid. 
 
 '''"Of a, family which possessed the 
 manors of Clifton and Wilford in Not- 
 tinghamshire ; one branch of which used 
 the name of Clifton and the other that 
 of Wilford. Gervase was of the latter ; 
 he had been remembrancer when he 
 was made baron. He was instituted to 
 the living of Barnach in Northampton- 
 shire; and in 18 Edw. Ill assigned 
 various lands in Norfolk to the prior and 
 convent of Shouldham in the latter 
 county. Foss's Biogr. Jurid. 
 
 ^" Of ■ that place in Lincolnshire ; an 
 ecclesiastic who devoted to pious pur- 
 poses much of his property in that 
 county and in Yorkshire. He was re- 
 
 membrancer in 1338 and held the office 
 till he was made baron. He was alive 
 in 25 Edw. III. Id. 
 
 ^'^A witness to the release executed in 
 1327 to King Edw. Ill by the widow of 
 Aylmer, late earl of Pembroke. He was 
 in the court till 20 Edw. Ill, being then 
 among the judges from whom loans 
 were required; but he is not in the list 
 of those for whom in the rfext year robes 
 were ordered. He was parson of the 
 church of Sabrithesworth ; and was 
 alive in 26 Edw. Ill, when he endowed 
 that church with a house in the parish. 
 Id. 
 
 "'From the Common Pleas. Foss's 
 Biogr. Jurid. 
 
 "* After being in this court about 16 
 months, he was on Nov. 10, 134S, re- 
 moved to the Common Pleas. Id. 
 
 ^''^ From the Common Pleas. Id. 
 
 276 Superseded on Dec. 8 by Robert 
 de Sadington, and reinstated in the 
 Common Pleas. Id, 
 
•CH. XIX.] 
 
 1327 TO 1377. 
 
 575 
 
 1345, December 8, Rohert de Sadington, reinstated as Chief Baron.^" 
 
 1346, July 2, Alan de Ashe™ made a baron."' 
 
 1347, March i,John de Houghton'"^ (or Houton), made a baron. 
 
 1350, April 7 (24 Edw. Ill) Gervase de Wilford became chief 
 l)aron.=*i 
 
 1350, April 16 (24 Edw. \\Y), James Huse, made a baron.^*'' 
 
 33. Additional appointments to the King's Bench between December, 
 1340, and May, 1350. 
 
 1341, January 8, William Scott (mentioned in § 15, p. 557), pro- 
 THOted to the chief justiceship.^^ 
 
 1341, January 8, Robert de Scardeburgh (mentioned in § 14, p. 556), 
 resumed his seat.''** 
 
 1341, October 28, William Basset, removed into this court.''^ 
 
 '"His reinstatement as Chief Baron, 
 seems to Mr. Foss to exclude Lord 
 CampbelVs idea that he was inefficient as 
 a judge. In the next year he was ap- 
 pointed one of the custodes of the prin- 
 cipality of Wales, the duchy of Cornwall, 
 and the earldom of Chester, during the 
 minority of the king's son, Edward, 
 prince of Wales. In 1347 he was at 
 the head of the commission assigned 
 * ad judicium ferendum' — that is, to 
 sentence and execute the earls of Men- 
 teith and Fife, taken with King David 
 in the battle of Nevil's cross. The 
 death of Robert de Sadington was pro- 
 bably in the first quarter of 1350. In 
 that year, on April 7, his successor as 
 chief baron was appointed. Id. 
 
 ^'*An advocate in the early part of 
 this reign. Id. 
 
 2™ He had his robes in 21 Edw. III. 
 Id. 
 
 '^Connected in early life with the 
 Exchequer. In 19 Edw. II, he ac- 
 companied the king to France in that 
 character, and was parson of the church 
 of Postwick, a parish in Norfolk. In 
 that county he had the manor of Wor- 
 
 megay and considerable property. In 
 I Edw. Ill, he was clerk of the keeper 
 of the wardrobe, and, in 12 Edw. Ill, 
 he was advanced to be a chamberlain of 
 the Exchequer. Foss's Biogr. Jurid. 
 
 ''^^In 1359 he obtained the bishop of 
 Lincoln's license, ' alere et fovere pueros 
 sub virga magistri in lectura, cantu, 
 et grammatica facultate, ad augmentum 
 cultus divini in sua parochia, et eosdem 
 informare, clericis post pestem diminu- 
 tis.' He presided in the court till 1361. 
 The entry on the roll states that he was 
 exonerated, being broken down by age. 
 Id. 
 
 ^^ In 34,Edw. Ill, employed as a com- 
 missioner to treat with the people of the 
 counties of Somerset, Dorset, Wilts, 
 Devon and Cornwall, as to raising forces 
 for defence of the kingdom. Id. 
 
 *^ He held this office at his death in 
 20 Edw. Ill ( 1 346) . Foss's Biogr. Jurid. 
 
 28* He retained it for nearly four years. 
 Then (in 1344) he was restored to his 
 former position of chief justice of the 
 Common Pleas in Ireland. Id. 
 
 285 Where he remained till 24 Edw. HI. 
 Id. 
 
576 Reign of Edward III [tit. v 
 
 1342, January 10, Adam de Steyngrave, removed into this court.'*" 
 1342, April 12, William de Thorpe^'' raised to the bench.'*^ 
 
 1346, November 20, William de Thorpe became Chief Justice.^' 
 
 26. Additional appointments to the Common Pleas between Decem- 
 ber, 1340, and May, 1350. 
 
 1341, January 8, (14 Edw- HI), Roger Hillary (mentioned in § 15,. 
 p. 557), advanced to the chief justiceship. 
 
 1341, January 8, William Basset, embraced in new patent. 
 
 1341, January 8, Thomas de Heppecotes,^^" one of those appointed 
 to supply place of judges removed.™ 
 
 1341, May 30, Richard de ■Kelleshull?^'' 
 
 1341, October 28, Adam de Steyngrave (mentioned in § 7, p. 543)^ 
 made a judge of this court.'''' 
 
 1 341, October 28, William Basset removed from this court.'''* 
 
 1342, April 23, yc/^w de Stouford"^ (somedmes spelled Stowford),. 
 
 ^He was in 14 Edw. Ill one of the ^^ Supposed to be of a family from 
 
 commissioners to enquire into the value KelsuU in Hertfordshire. In 15 Edw. 
 
 of bishoprics north of Trent. His death II there was a pardon to Gilbert de- 
 
 or removal must have been before April KelleshuU for felonies, &c., committed 
 
 1347, as he is not included in the order in the 'pursuit' of the Despensers. That 
 
 then issued for the judges' robes. Id. Gilbert, it is thought, was probably father 
 
 2*' In 7 Edw. Ill an advocate; in 15 of Richard who was appointed to several 
 
 Edw. Ill one of the king's Serjeants; judicial commissions from 9 Edw. II. 
 
 in the next year called the king's attor- The date of the last fine before him is 
 
 ney. Id. 1354; but he was living three years. 
 
 288 -phe words used are ' unus justicia- afterwards. Id. 
 
 riorum ad placita in banco' ; they are ®' 1342, Jan. 10, removed to the King's. 
 
 not deemed by Mr. Foss sufficient to Bench. Id. 
 
 authorize his insertion among the justices ^'^ To the King's Bench. Id. 
 
 of the Common Pleas. Id. ^'^Born (it is said) about 1290 at 
 
 ^^ In this character he opened the par- Stouford, in the parish of West Doun^ 
 
 liaments of the two following years. Mr. Foss observes, that " a John de 
 
 Foss's Biogr. Jurid. Stouford was a manucaptor in 1307 for 
 
 29opfobably a native of Northumber- a burgess returned to parliament for 
 
 land where there is a hamlet called Plympton (Pari. Writs ii, 5), in the 
 
 Hepscott in Morpeth parish. Foss's neighbourhood of his native place ;"^ 
 
 Biogr. Jurid. that probably he was father of the judge -y 
 
 2^1 He died before the end of the year. and that the John de Stoford, who, in 
 
 Xd. 14 Edw. Ill, was one of the custodes of 
 
CH. XIX.J 
 
 1327 TO 1377. 
 
 577 
 
 iraised to this bench.'"^ 
 
 1342, May 9, John de Stonore restored to the chief justiceship.^' 
 1342, Roger Hillary (having made way for John At Stonore) 
 
 received (June 4) a new patent as judge.^'* 
 
 1342, May 10, William de Shareshull reinstated.^' 
 
 1342, May 16, John de Shardelowe^ reinstated. 
 
 1343, (17 Edw. Ill) Richard de Wilughby had a new patent.'" 
 
 1345, November 10, William de Shareshull removed^"'' to this bench> 
 with the title of .f^towrf justice."" 
 
 1345, November 10, John de Stoujord (or Stonford) placed for 
 about a month in a higher office.'"* 
 
 the 'terra maritima' of Devon {N. 
 Fadera ii, 1112) — and the John de Sto- 
 vord, who, in that year,^ was made one 
 of the king's Serjeants at law — was the 
 judge himself. Foss's Biogr. Jurid. 
 
 236 Where he remained till Nov. 10, 
 1345. Id. 
 
 ^""And remained undisturbed in it 
 till 1354, when he died, leaving large 
 possessions in nine counties, to which 
 his son, also, named John, succeeded." 
 Id. 
 
 ^^Id. 
 
 ^ 1344, July 2, raised to the office of 
 chief baron. Id. 
 
 ™ He was a trier of petitions in par- 
 liament next year, and died in 18 Edw. 
 Ill, leaving two sons, John and Thomas, 
 the latter of whom is taken to have been 
 attorney-general in 40 Edw. III. The 
 family flourished in Norfolk till 1 1 Hen. 
 VI (1433). Id. 
 
 '"^From 17 Edw. Ill, fines were 
 levied before him till Trin. 31 Edw. Ill, 
 when he probably retired from the bench, 
 though he lived till 36 Edw. III. He 
 died possessed of extensive estates in the 
 counties of Nottingham, Derby, Lin- 
 coln, &c., besides a great house situate 
 in ' le Baly,' in London. Foss's Biogr. 
 Jurid. 
 
 37 
 
 ""2 From the Exchequer. Id. 
 
 S03 Which he retained for about five 
 years. He was appointed one of the 
 custodes of the principality of Wales, 
 &c., during the minority of the king's 
 son. Id. 
 
 SMThat of Chief Baron of the Ex- 
 chequer; being superseded on Decem- 
 ber 8 by Robert de Sadington. Mr. Foss- 
 says : " This was no doubt a temporary 
 arrangement for the accommodation of 
 the latter, who had lately been re- 
 moved from the office of chancellor j 
 as John de Stouford certainly resumed 
 his place in the Common Pleas; fines 
 acknowledged before him from that 
 time till midsummer 1372, 33 Edw. III^ 
 being still extant. There is no evidence 
 of his living after the latter date, and 
 his death is stated to have occured at his 
 house of Stouford, his remains being 
 buried in the church of West Doun. 
 There are several entries of grants made 
 by him for pious uses ; and he is re- 
 ported to have built the bridge over the 
 Taw, near Barnstaple, besides another 
 between that town and Pilton, in conse- 
 quence of finding a poor woman and 
 her child drowned in the neighbor- 
 hood." Id. 
 
578 Reign of Edward III [tit. v 
 
 1348, January 14, Thomas de Fencotes^"^ made a judge of this 
 court.™" 
 
 27. Of the parliament of 15 Edw. Ill {1341) ; and the proceedings 
 as to fohn de Stratford, who had been chancellor and was yet 
 Archbishop of Canterbury and a peer. Of the statute of ij 
 Edw. I; and the instrument that the king, within a few months 
 after it, executed with intent to revoke it. How, as he said, he 
 ' dissimuled in the premises! 
 
 In the parliament of 15 Edw. Ill (1341) there were, according to 
 Cotton's Abr., "articles of the commons" {Id. pp. 31, 32, No. 9 to 17)' 
 and the King's answers {_Id. pp. 33, 34, No. 35 to 42), " articles of 
 the clergy" {Id. pp. 32, 33, No. 18 to 26) and the King's answers 
 {Id. p. 33, No. 27 to 33) with his answer {Id. p. 33, No. 34, 35) to 
 demands of the Lords. Prominent was the controversy (alluded to 
 in § 22, p. 569, w.) between the King and fohn de Stratford who had 
 been chancellor of England and was yet Archbishop of Canterbury, 
 and as such a peer of the realm. 
 
 , "The parHament was continued from day to day on this point 
 that the Nobles of this land should not be put to answer but in open 
 parliament by their peers ; whereupon are named four bishops, four 
 earls and four barons to draw the plot.'""" 
 
 This committee of twelve reported 
 
 "That on no account should peers, whether ministers or not, be 
 brought to trial, lose their possessions, be arrested, imprisoned, out- 
 
 s»5 Of a Yorkshire family. In the Edw. III. Foss's Biogr. Jurid. 
 
 reign of Edward II he was an adherent '■* About the time that he was raised 
 
 of Thomas, earl of Lancaster; and was to the bench he received the order of 
 
 released from prison on payment of £20. knighthood. In 24 Edw. Ill he gave 
 
 He was one of the attorneys in England certain tenements to the priory of the 
 
 of John de Bnttannia, earl of Rich- order of Mary of Mount Carmel, to en- 
 
 mond when taken by the Scots in 16 large their house in Fleet street. He 
 
 Edw. II. He acted as an advocate in seems to have resigned his judicial office 
 
 Yorkshire so early as 2 Edw. Ill ; repre- about 1354. In 31 Edw. Ill he and his 
 
 sented the earl of Richmond before his wife Beatrice endowed the convent of 
 
 death in 8 Edw. Ill ; was custos of the Egleston with the advowson of the 
 
 estate till the death of the earl's sue- church of Bentham in Yorkshire. Id. 
 
 cessor, John, duke of Brittany, in 15 '"'Cotton's Abr., p. 31, No. 6; i State 
 
 Edw. Ill; and a justice of assize in 17 Tr. 57 to. 65. 
 
'CH. XIX.] 
 
 1327 TO 1377. 
 
 579 
 
 lawed or forfeited, or be bound to answer or judged, except in full 
 parliament and before their peers." '°^ 
 
 A formal reconciliation followed. 
 
 " On the nineteenth of April, being Thursday, the King came into 
 Saint Edward's chamber, commonly called the Painted Chamber^"^ 
 before whom, in sight of the Lords and Commons, the archbishop 
 humbled himself and required his gracious pardon ; which upon the 
 -whole parliament's general suit and entreaty, his majesty granted. 
 After which the Archbishop desired that whereas he was publicly 
 defamed through the realm he might now be arraigned in open par- 
 liament before his peers: but the King answered he would first 
 attend to the Common affairs, and after that examine lighter matters." ''° 
 
 Among the articles agreed upon is the subjoined.' 
 •observes : 
 
 Mr. Stubb's 
 
 ''Stratford had not only won a personal victory, but the peers, 
 acting at his instigation, had secured for their order a real privilege, 
 which the events of the last reign and of the early years of the 
 present had shewn to be necessary." "' 
 
 What was made a condition of the grant to the King and was 
 •accorded in his answers, had to be turned into a statute ; that statute 
 he permitted to be sealed.'" 
 
 ""This language is in 2 Const. Hist., 
 ch. 16, p. 389; Mr. Stubbs citing there- 
 for Rot. Pari, ii, 127. It seems consis- 
 tent with Cotton's Abr., p. 31, No. 7. 
 
 ^""In i8cx5, "on the removal of the 
 -old tapestry with which the walls were 
 hung, paintings containing a multitude 
 of large figures, and representing bat- 
 tles, were discovered on these walls." 
 It is observed that they were " certainly 
 as old as 1322, and probably older; for 
 in the manuscript itinerary of Simon 
 Simeon, and Hugo, the Illuminator, 
 dated in that year, and now existing in 
 ■the library of Bennet College, Cam- 
 bridge, a passage occurs (quoted by Gray 
 in a letter to Horace Walpole in 1768)," 
 which (according to the translation) men- 
 tions "that most famous palace of the 
 king in which is the well-known cham- 
 ber, on whose walls all the history of the 
 ■wars of the whole Bible are exquisitely 
 ipainted, with most complete and perfect 
 
 inscriptions in French." Penny Maga- 
 zine for 1834, Nov. 29, p. 458. 
 
 awThis which is frpm i State Tr. 65, 
 seems consistent with Cotton's Abr., 
 p. 31, No. 8, except perhaps as to the 
 day. That may have been not April 19, 
 but May 7, as stated in 2 Const. Hist., 
 ch. 16, p. 389, where Mr. Stubbs cites 
 Birchington, p. 40, and Rot. Pari, ii, 127. 
 
 ^1^ " It is to be remembered that all 
 things touching the arraignment of the 
 archbishop of Canterbury do remain 
 with Sir William of Keldesbye, keeper 
 of the Privy Seal." As to him. see 
 2 Stubbs's Const. Hist., ch. 16, note i. 
 
 ''Vrf., p. 389; Green's Hist, of Engl. 
 Peop., book 4, ch. 2, vol. I, p. 414. 
 
 3'' It is in I Stat, of the Realm, p. 295. 
 In Cotton's Abr., p. 34, No. 43, is as fol- 
 lows: "At the request of the whole 
 estate these articles were statutes, as on 
 the back of the roll doth appear; the 
 which statutes with the conditions 
 
580 Reign of Edward III [tit. v 
 
 But within a few months after it, the King with intent to revoke it, 
 executed the following instrument: 
 
 "Edward by the Grace of God, &c., to the sheriff of Lincoln, 
 greeting: Whereas, at our parliament summoned at Westminster in 
 the Quinzine of Easter last past, certain articles expressly contrary to 
 the laws and customs of our realm of England, and to our preroga- 
 tives and rights royal were pretended to be granted by us by the 
 manner of a statute ; We, considering how that by the bond of our 
 oath we be tied to the observance and defence of such laws, customs, 
 rights and prerogatives, and providently willing to revoke such 
 things to their own state which be so improvidently done, upon con- 
 ference and treatise thereupon had with the earls, barons and other 
 wise men of our said realm, and because we never consented to the 
 making of the said statute, but as then it behoved us, we dissimuled 
 in the premises by protestations of revocation of the said statute, if 
 indeed it should proceed, to eschew the dangers which, by the deny- 
 ing of the same, we feared to come, forasmuch as the said parliament 
 otherwise had been, without dispatching anything in discord dis- 
 solved, and so our earnest business had likely been ruinated which 
 God prohibit, and the said pretended statute we permitted then to be 
 sealed : It seemed to the said earls, barons and other wise men that 
 sithence the said statute did not, of our free will proceed, the same 
 be void and ought not to have the name nor strength of a statute; 
 and therefore, by their counsel and assent, we have decreed the said 
 statute to be void and the same inasmuch as it proceeded of dread, 
 we he -e agreed to be annulled ; willing, nevertheless, that the articles 
 contained in the said pretended statute, which, by other of our 
 statutes, or of our progenitors, kings of England, have been approved, 
 shall according to the form of the said statute, in every point, as con- 
 venient so be observed ; and the same we do, only to the conserva- 
 tion and reintegration of the rights of our crown, as we be bound, 
 and not that we should in any wise grieve or oppress our subjects, 
 whom we desire to rule by lenity and goodness. And therefore we 
 do command this that all those things thou cause to be openly pro- 
 claimed in such places within thy bailiwick where thou shalt see 
 expedient. Witness myself at Westminster the first day of October, 
 the fifteenth year of our reign." 
 
 " By the King himself and his council.'"" 
 
 were after read before the king, the sions for the enquiry of oppressions, were 
 
 chancellor, treasurer, justices of both exemplified urider the Great Seal and 
 
 benches, steward of the king's chamber, delivered to the Lords and Commons." 
 and others, all who were sworn upon the *" i Stat, of the Realm, 297 ; Green's 
 
 cross of Canterbury to perform the same ; Hist, of Engl. Peop., book 4, ch. 2, 
 
 only the chancellor, treasurer, and cer- p. 415, of vol. I. There were no doubt 
 
 tain of the justices refused the same oath like writs to other sheriffs, besides him 
 
 as repugnant to their former oath and of Lincoln. In the same year (15 Edw. 
 
 laws of the realm; the which statutes III) is a case in Fitzherb. Abr. under tit. 
 
 and conditions, together with the commis- Petition. 
 
CH. XIX.J 1307 TO 1327. 581 
 
 28. Of the parliament of 17 Edw. Ill {134.3'). Where its two houses 
 sat. Of its acts as to justices ; and children bom beyond the 
 seas. How the proceedings against fohn de Stratford were dis- 
 posed of; and the statute of i§ Edw. Ill repealed. The King's 
 eldest son made Prince of Wales. 
 
 Parliament was "holden at Westminster in the Quindena of 
 Easter," in 17 Edw. Ill (April 28, 1343). The king came into Saint 
 Edward's chamber, cominonly called the Chamber de Pinct^^^ accom- 
 panied with sundry Bishops and Lords." Nejft day " the king came 
 as before." 
 
 " The Wednesday being the last of April, the chancellor,'" in the 
 presence of the King and Lords, declareth the cause of the parlia- 
 ment." '" 
 
 " The first day of May, the Lords by themselves, and the Commons 
 likewise, '!n2i^^ answer.""' One account is, that " after consultation 
 apart, the commons went to the white chamber and made answer by 
 Sir William Trussell."™ 
 
 " The Friday after, the Chancellor, by the King's commandment, 
 ' required the Lords and Commons to provide against the manifold 
 oppressions whereof he heard, so as justice might be executed to 
 every subject." ™ 
 
 " On Saturday after, the Commons made answer thereto, that the 
 best was, that approveji justices should be chosen in this parliament 
 for every county ; and that upon their oath in the same to execute 
 all laws and commissions to be made accordingly." '^' 
 
 " It is enacted that the chief children, born beyond the seas, shall, 
 without doubt, inherit to their ancestors." ^'^ 
 
 " The king commanded that the things touching the arraignment 
 of the archbishop, which remained in the hands of Sir William de 
 Kildesby to be advised upon this parliament should be annulled and 
 
 ''5 The chamber had been mentioned 3, p. 90, of vol. 2, Phila. edi., 1824; 
 
 in 15 E. Ill (Cotton's Abr., p. 31, No. 8,) Stubbs's Const. Hist., vol. 2, ch. 16, 
 
 as it is now mentioned in 17 E. III. p. 376, note 4; p. 392, note 2; and sec- 
 
 {Id., p. 36, No. 2.) Mr. Stubbs, citing tions 10 and 20, ante, pp. 550, 551, and 
 
 Rot. Pari, ii, 136, says : " The lords met pp. 563, 564. 
 
 in the white chamber; the knights and swg Stubbs's Const. Hist., ch. 16, 
 
 commons in the painted chamber." p. 392, note 2. 
 
 2 Const. Hist., ch. 16, p. 392, note i. ™ Cotton's Abr., p. 37, No. 10. 
 
 ^^^'Sia Robert Parning. '"irf., No. II. The king and lords 
 
 '" Cotton's Abr., p. 36, No. 6. sent unto the commons the special points 
 
 '''/(/., p. 37, No. g. As to how long of the' charge of the justices of peace, 
 
 parliament has been divided into two which are enacted. Id., No. 12. 
 
 houses, see Hall. Mid. Ages, ch. 8, part '*' Id., p. 38, No. 19. 
 
582 Reign of Edward III [tit. v 
 
 totally outed or laid aside as such as were neither reasonable or true ; 
 and Master John de Ufford was commanded to bring them into par- 
 liament, to be vacated there." ^'^^ 
 
 "It is agreed that the statute made at Westminster, the 15th of 
 Edward the third, shall be utterly repealed and lose the name of a 
 statute as contrary to the laws and the King's Prerogative." '^'^ 
 
 The King created his eldest son Prince of Wales May 12. Parlia- 
 ment sat until May 20.^*^^ 
 
 2g. Of the parliament of 18 Edw. Ill (^1^44). Its action as to privi- 
 leges of clerks in chancery ; and as to instruments brought from 
 Rome. What was done as to such instruments ' in full chancery 
 at Westminster' 
 
 It 18 Edw. Ill (1344), parliament was "holden at Westminster 
 the Monday next after the Utaves of Trinity "''"' (June 7-28). The 
 cause of it was declared by " the Chancellor,'" in the presence of the 
 King and his son the Prince of Wales." — "The whole state were 
 willed to advise" and " to shew their opinion" by a certain day. To 
 what " every of the Lords and Commons by themselves, with one . 
 assent required," " the King agreed." This was in relation to war. 
 As to what was cognizable in chancery, or before the council, 
 there appears the following: 
 
 "The petitions of the clerks of the chancery; that where the 
 Lord Chancellor or Lord Keeper, for the time being, ought to have- 
 the cognizance of all pleas of trespasses done by the said clerks or 
 other servants, where the chancery shall remain, yet notwithstanding, 
 the sheriffs of London had attached one Gilbert of Chrishull, a clerk, 
 of the said chancery, in London, at the suit of Killingbury, a draper, 
 upon a bill of trespass ; which Gilbert brought a supersedeas of privi- 
 lege to the said sheriffs, which they would not allow, but drew him to 
 
 '25 1 State Tr., 66; Cotton's Abr., p. 38, 825 2 Stubbs's Const. Hist., ch. 16, 
 
 No. 22. John de Offord is mentioned p. 392, note 2. During this session 
 
 ^ost in \ 30. there was an enactment as to money. 
 
 '" Cotton's Abr., p. 38, No. 23. Next i Stat, of the Realm, 299. 
 after which is this : 24. " It is agreed 326 ■< i„ tj^e presence of the king cer- 
 that such customers, controllers and tain lords and commons, being then as- 
 searchers in fee for term of life or for sembled in St. Edward's chamber, corn- 
 years, as have let the same to farm, shall monly called the Chamber de pinct." 
 forfeit the same their offices, and that Cotton's Abr., p. 43. 
 from henceforth no such office be '*' Robert de Sadington'' 
 granted but at the king's pleasure." 
 
CH. XIX.] 1327 TO 1377. 583 
 
 find sureties. The clerks pray remedy therefore and maintenance of 
 their liberties. The parliament doth confirm their liberties, and recit- 
 ing the contempt for neglecting the process, conclude that writs be sent 
 to the Mayor of London to attach the sheriffs and others who were 
 parties and maintainers of the quarrel, by their bodies to appear 
 before the King in the chancery at a day certain, to answer as well to 
 the contempts of the process as to the breach of the liberty, and dam- 
 age of the party." ^"^ 
 
 "That commissions be sent into all the King's ports, to apprehend 
 all .such persons as shall bring in any such instrument from Rome, 
 and to bring them forthwith before the council to answer thereto.'""* 
 
 "During chancellor Sadington's time "there is a curious entry of 
 the seizure by the mayor and bailiffs of Sandwich of nine bulls and 
 numerous letters and processes from the Roman court, attempted to 
 be surreptitiously introduced into the kingdom 'in qutdam lined, teld, 
 ceratd inclusos' and of their being delivered by the chancellor in 
 ^full Chancery at Westminster,' to the chamberlain of the Exche- 
 quer, to be kept in the treasury.'""" 
 
 JO. In 1345 John de Thoresby continued Master of the Rolls until 
 May 20. The King sailed for Flanders, leaving his son Lionet 
 custos of the kingdom, with a council of which John de Strat- 
 ford was head and Robert de Stratford a member. After the 
 King's return to England Robert de Sadington was succeeded as 
 chancellor by John de Offord. 
 
 In 1345 there was no parliament. John de Thoresby (or Thursby) 
 continued master of the Rolls as late as May 20; being about that 
 time made keeper of the privy seal.^^' Edward declared war May 
 
 ^^8 Cotton's Abr., p. 45, No. 41,42; i 'Statutes Revised,' pp. 165, 166, of 
 
 Legal Judic. in Ch., edi. 1727, p. 15 edi. 1870. Ordinances made in this 
 
 to 18. parliament are in I Stat, of the Realm, 
 
 "'Cotton's Abr., p. 45, No. 37. After p. 300 to 303; and i Statutes Revised, 
 
 which is this : edi. 1870, p. 166 to 170. As to the oath 
 
 " That the deanery of York, which is to of masters or clerks of chancery there 
 
 be recovered by judgment in the king's may be reference to Legal Judic. in Ch., 
 
 court, may be bestowed upon some able edi. 1727, p. 118 to 121. 
 man within the realm who will maintain ^^^N. Foedera iii, 25, is cited in Foss's 
 
 the same against him who holdeth the Biogr. Jurid. 
 
 same by provision from Rome, being ''' In the previous year he obtained a 
 
 the common enemy to the king and to canonry in Lincoln Cathedral, and again 
 
 the realm, and that the mean profits may visited the papal court as one of the 
 
 be employed upon the defence of the king's ambassadors. He performed the 
 
 realm." /</., No. 38. same duty in France in 1346; Sept. 3, 
 
 A declaration "concerning exigents" 1347, he was consecrated bishop of St. 
 
 is in I Stat, of- the Realm, 299; and David's. Foss's Biogr. Jurid. 
 
584 
 
 Reign of Edward III 
 
 [tit. 
 
 26, and sailed for Flanders July i , having constituted his son Lionel 
 custos of the kingdom,'" and left as his advisers a council, whereof 
 John de Stratfordf^^ archbishop of Canterbury, was the head and 
 Robert de Stratford^^ bishop of Chichester, was a member. 
 
 Edward was not long in Flanders ; he returned to England July 
 26. In three months Robert de Sadington resigned the Great Seal, 
 and his succesor was appointed.''" 
 
 John de Offord^^ (sometimes called Ufford) was in the early part 
 of the reign of Edward III, dean of the Arches, and from 8 to 18 
 Edw. Ill, continually engaged in important foreign embassies to the 
 courts of France, Scotland and Avignon. He is described at first as 
 juris civilis professor, and canon of St. Paul's; in 12 Edward III as 
 archdeacon of Ely; and August 3, 1344, as dean of Lincoln. After 
 October 4, 1342, and before May 20, 1345, he was keeper of the 
 privy seal ; on one occasion he is mentioned as the king's secretary.'" 
 
 On the 26th of October, 1345, he was appointed chancellor."' 
 
 '32 2 Stubbs's Const. Hist., ch. 16, p. 
 394, and note 2. 
 
 '''A similar confidence reposed in him 
 in the following year is the last record of 
 importance in his career. He died at 
 Mayfield in Sussex August 23, 1348, and 
 was buried in Canterbury Cathedral. 
 " His liberality to his church, his charity 
 to the poor, his humble and pleasing 
 manners, and his natural sense are ac- 
 knowledged by all his biographers. That 
 his reputation was high as an able politi- 
 cian, a loyal counsellor, and a man of 
 deep legal knowledge for the time, is 
 evidenced not more by the number of 
 years during which he was engaged in 
 high employments than by firmness in 
 meeting his temporary" disfavour "and 
 the alacrity with which his talents were 
 again put in requisition. He is said to 
 have crossed the channel thirty-two times 
 in the public service." (Godwin 106- 
 224; Barnes's Edw. Ill, 43-216; State 
 Trials i, 57). Foss's Biogr. Jurid. 
 
 '3* In May, 1343, he was sent on amis- 
 sion to the pope. " He was a prelate of 
 
 great resolution and courage, and, not- 
 withstanding the king's charges against 
 him, seems to have been uncorrupt and 
 faithful. He is mentioned as a consider- 
 able benefactor both to the place of his 
 birth and the city of his cathedral." 
 (Godwin 507; Barnes's Edw. Ill 213.) 
 " He survived his brother nearly fourteen 
 years, and died at Aldingburne on April 
 9, 1362, whence his body was removed 
 to his own cathedral." Foss's Biogr. 
 Jurid. 
 
 3352 Stubbs's Const. Hist., ch. 16, pp. 
 394, 395, and notes; Foss's Biogr. Jurid. 
 
 336 His family derived its name from 
 the manor of Offord, in Huntingdonshire; 
 he is apparently the younger son of John 
 de Offord, who had property at Offord- 
 Darneys in that county. Foss's Biogr. 
 Jurid. 
 
 3" Id. He may have been the king's 
 secretary, in 17 Edw III, at the time of 
 the command in Cotton's Abr., p. 38, No- 
 22, mentioned in § 28, p. 582. 
 
 338 Foss's Biogr. Jurid. 
 
CH. XIX.] 1327 TO 1377. 585 
 
 ji. Of the King's departure for, and proceedings in, France in 1346. 
 Messengers from him to the parliament in 20 Edw. III. Ordi- 
 nance requiring fustices and Barons to administer justice with- 
 out favour or reward. 
 
 In 1346 Edward sailed for France July 2; the battle of Crecy (or 
 Cressy) was fought Aug. 26; Calais was besieged in Sept.; the 
 king'*' was before it when he sent messengers'*" to the parliament 
 which, in the presence of "Sir Lionel, the King's son, Lord Keeper 
 of England," sat at Westminster in 20 Edw. IIL^" 
 
 An ordinance in 20 Edw. Ill (1346), contains the following: 
 
 I. "We have commanded all our justices, that they shall from 
 henceforth do equal law and execution of right to all our subjects, 
 rich and poor, without having regard to any person, and without 
 omitting to do right for any letters or commandment which may 
 come to them from us, or from an)' other, or by any other cause. 
 And if that any letters, writs or commandments come to the justices, 
 or to other deputed to. do law and right according to the usage of 
 the realm, in disturbance of the law, or of the execution of the same, 
 or of right to the parties, the justices and other aforesaid shall pro- 
 ceed and hold their courts and processes, where the pleas and 
 matters be depending before them, as if no such letters, writs or 
 commandments were come to them; and they shall certify us and 
 our council of such commandments which be contrary to the law, as 
 -afore is said. And to the intent that our justices should do even 
 right to all people in the manner aforesaid, without more favour 
 showing to one than to another, we have ordained and caused our 
 said justices to be sworn that they shall not from henceforth, as long 
 as they shall be in the office of justice, take 'fee nor robe of any man 
 but of ourself, and that they shall take no gift nor reward by them- 
 selves, nor by others, privily nor apertly, of any man that hath to do 
 before them by any way, except meat and drink, and that of small 
 value; and that they shall give no counsel to great men or small in 
 case where we be party, or which do or may touch us in any point, 
 
 ^''2 Stubbs's Const. Hist., ch. 16, and notes i and 2, of Lond. edi. 1825. 
 
 W- 394) 395. and notes. While Ed- 5*° The messengers were Sir Bartholo- 
 
 ward was employed against the French, mew de Burghurst, Sir John Darcy, Lord 
 
 his queen (Philippa) is said to have been Chamberlain, Mr. John Thoresby, clerk 
 
 with the army, that for defence against of the Privy Seal, and Mr. John Charl- 
 
 the Scots, collected near New Castle, ton. Cotton's Abr., pp. 46, 47. 
 
 and formed for battle at Neville's cross. ^" " The Monday next after the feast 
 
 Turner's Engl., book 2, ch. 2, p. 204, of the nativity of our Lord." Id. 
 
586 Reign of Edward III [tit. v 
 
 upon pain to be at our will, body, lands and goods, to do thereof as 
 shall please us, in case they do contrary."'*'' 
 
 2. "In the same manner we have ordained in the right of the 
 barons of the exchequer, and we have expressly charged them in our 
 presence, that they shall do right and reason to all our subjects, great 
 and small; and that they shall deliver the people reasonably, and 
 without delay, of the business which they have to do before them,, 
 without undue tarrying, as hath been done in times past." 
 
 3 " We have ordained that all they which shall be justices assigned 
 by commission to hear and determine, and such as shall be associated 
 with them, arid also justices of assizes to be taken in the country, and 
 of jail delivery, and such as shall be assigned and associated to them,, 
 shall make first an oath in certain points, according as to them shall 
 be injoined by our council in our chancery, before that any commis- 
 sion be to them delivered."'*^ 
 
 " In 20 E. Ill, c. 3, there is mention made of the King's counsel in 
 chancery, which," it is observed,"* " certainly included the Masters."* 
 
 32. Of the King's retur^i to England in 1347 ; and the parliament in 
 IJ4.J-8. Objection to one sitting in appellate court on writ of 
 error to his judgment ; when the chancellor may sit above. 
 Complaint that in cojirt below judgment is too long delayed. 
 The King's answer as to how there may be redress. 
 
 In 1347 Calais was taken August 4; Edward returned to England 
 Octo. 12."= 
 
 Pai;liament was holden at Westminster (in 1347-8) "the morrow 
 
 **^ " And for this cause we have in- made." The ordinance is dated " the 
 
 creased the fees of the same, our justices, seventh day of March, the year of our 
 
 in such manner as it ought reasonably to reign of England the twentieth, and of 
 
 suffice them." i Stat, of the Realm, France the seventh." Id., 305. On 
 
 303, 304. p. 305, is the " oath of the justices ;'' and, 
 
 8*^ I Stat, of the Realm, 304. Subse- on page 306, the " oath of the clerks of 
 
 quent chapters of same statute are — iv. the chancery." 
 
 That " none shall maintain any quar- Chapters one, two, three, four and six 
 
 rels but their own;" v. That "Lords of the ordinance (or parts thereof) are 
 
 and Great Men shall put away main- retained in I ' Statutes Revised,' edi. 
 
 tainers of quarrels ;" vi. That "Justices 1870, p. 170 to 174. 
 
 of assize shall enquire of the misde- '"By the author of Legal Judic. in 
 
 meanour of oiiScers." This chapter con- Ch., p. 69, of edi. 1727. 
 
 eludes with the words : " And, there- '*» 24 E. Ill, 35 ", is cited on same 
 
 upon, we have charged our chancellor page (69), and /orfin ch. 21, ^ 5. 
 
 and treasurer to hear the complaints of "*2 Stubbs's Const. Hist. ch. 16, p. 
 
 all them which will complain, and to 394, note 2. 
 ordain that speedy remedy be thereof 
 
CH. XIX.] 1327 TO 1377. 587 
 
 after S. Hilary.'"*' The "petition of the Commons, with their 
 answers," embrace the following: 
 
 26. " That judgments given in the Exchequer may be redressed 
 and reversed, if therein be error, in the King's Bench, as well as 
 error given in the Common Pleas; and not before themselves that 
 gave the same; for it is not likely that a man will have a good con- 
 ceit against his own opinion." 
 
 Answ. "The King is pleased, that when any man complaineth 
 of error given in the Exchequer, the Chancellor and Treasurer, and 
 two justices, shall be assigned by commission to cause the record to 
 be brought before them in the Exchequer, and the process of the 
 plea wherein error is supposed, and the same to correct as shall 
 appertain." '*^ 
 
 28. "That no person by the suggestion or certificate of an accuser 
 be, by writ, sent for to come before the King's council, where they 
 are often enforced to make fines, or to lay down great sums of 
 money, or otherwise adjoumez outre le mere, as hath been heretofore 
 often done, but that such grievances be not afterward done." 
 
 Answ. " The King is pleased that such things be not done against 
 reason."'*' 
 
 60 " Whereas judgment in divers places hath long depended, — not 
 given for difficulty of law, — that the King will ordain that judgment 
 may be given without longer stay." 
 
 Answ. "The justices before whom such pleas are hanging shall 
 give judgment as soon as well they may; and if they cannot so do, 
 then the tenor of such record, and the process of such pleas shall 
 come into the parliament, and there shall be determined, according 
 to the ordinance made in that behalf"^'" (In § 21, anle pp. 565, 566.) 
 
 jj. 0/ the parliament in 22 Edw. Ill {1J48). Before it there are 
 complaints as to matters for which the King considers there may 
 be ^ writs out of the chancery! 'General writs or special' shall 
 be granted. Laws can be altered only by new statutes. 
 
 The parliament holden at Westminster in 22 Edw. Ill (1348), 
 ("the Monday next after the week in the midst of Lent,") sat 
 
 "'"In the 2ist year of the reign of ^'^ U., No. 28. 
 
 King Edw. Ill of England, and of France ^^o Cotton's Abr., p. 63, No. 60. In Id., 
 
 the 8th." Such is the language in Cot- p. 66, No. 65, is a petition as to the judg- 
 
 ton's Abr., p. 51. The parliament sat ment against John Mantrevers in /a?., p. 6, 
 
 from Jan. 14 to Feb. 12. 2 Stubbs's No. 3. The confirmation of his pardon. 
 
 Const. Hist., ch. 16, p. 397, note 3. is in Id., p. 81, No. 54, 55, 56. 
 
 "^Cotton's Abr., p. 56, No. 26. 
 
588 Reign of Edward III [tit. v 
 
 from March 31, to April 13.'" The "petitions of the Commons with 
 their answers," '" conclude as follows : 
 
 26. "A long complaint 'against foresters for afforesting of men's 
 purlieus, for undue trial, and for extortions; a request that the great 
 charter may be kept, and that all men may enjoy the purlieus, 
 according to the perambulation made in the time of King Edward 
 the first." 
 
 Answ. " The King would the charter to be kept, and such as wUl 
 complain in the right of their purlieus may have wri^s out of the 
 chaticery." 
 
 27. " Whereupon Surry and other counties showed that they could 
 not, upon suit, have such writs." 
 
 " The order made at the last parliament shall be kept, and general 
 writs or special shall be granted, to all such as will sue therefore, so 
 as right be had to the King, to the subjects."'^ 
 
 30. " They pray that the petitions declared by them in the last 
 parliament, whereunto the King and Lords had agreed, may be kept 
 and not altered by any new coloured bill or practice." 
 
 "The King, by the assent of the Lords, made answer then that 
 laws and process heretofore used could not be altered without 
 making of new statutes, which, as yet, they could not attend, but 
 shortly would."'" 
 
 J4. Of William de Edington; his offices before and in 1349, when 
 the foundation of the order of the Garter was completed. Re- 
 markable that its foundation should have been in a year wherein 
 there was a terrible plague, which caused the death of the 
 chancellor, fohn de Offord. In whose custody the Great Seat 
 was from May 28, till /une 16, 1349. Then fohn de Thoresby, 
 bishop of St. David's was appointed chancellor. 
 
 William de Edington^' educated at Oxford,*** was in 1343, keeper 
 of the king's wardrobe; and in 1344 (April 10), appointed chancellor 
 of the Exchequer,''^' from which he was raised, at the end of two 
 
 '^'2 Stubbs's Const. Hist., p. 397, note canonry in Salisbury cathedral. In 1345 
 
 3; Cotton's Abr., p. 69. he was receiver of the ninth granted by 
 
 ^^^ Jd., p. 69 to 71. parliament. Id. 
 
 ^^li.,^. 71, No. 26 to 28. In 22 357 0n the deathof Adam deOrltonhe 
 Edw. Ill is a case in Fitzherb. Abr. was placed in the vacant see of Win- 
 under title ' Petition.' Chester by papal provision in his favour, 
 
 3=* Cotton's Abr., p. 30. dated Dec. 9, 1345; but he was wise 
 
 ^=5 Born at Edington, a parish in Wilt- enough to renounce the pope's nomina- 
 
 shire. Foss's Biogr. Jurid. tion as prejudicial to the rights of the 
 
 356 Presented in 1 335 to the living of crown ; and the king ' of his special 
 
 Cheriton, in Hampshire ; he also had a favour and not by virtue of the said 
 
CH. XIX.] 
 
 1327 TO 1377. 
 
 589 
 
 years, to the high and responsible office of treasurer.'^* During the 
 time of his treasurership there were arrangements for the order of 
 the Garter;'^' in 1349, on April 23, its foundation was completed; 
 and the king constituted William de Edington the prelate of it; 
 perpetuating the dignity in his successors of the see of Winchester.""" 
 
 Though the idea of the order of the Garter may have originated 
 with Richard I,'" and the success attained in war by Edward III may 
 have induced the foundation of the order, yet it is remarkable that its 
 foundation was completed at a period when a terrible plague was 
 desolating the country and interrupting public business generally ; ^"^ 
 and completed in the very year in which the pestilence caused the 
 chancellor's death. 
 
 John de Offord was the third chancellor who, during the reign, 
 died in office. He had been raised to the archbishopric of Canter- 
 bury, but before his installation, was a victim of the disease which 
 was devastating England. In 1349 he died on May 20.'*' After 
 which the Great Seal was -in custody of Thomas de Cotyngham^*' 
 
 bulls,' accepted his fealty, and restored 
 the temporalities to him on the 15th of 
 the next February. Id. Aftef be- 
 coming bishop, he, at Edington, built a 
 church, and founded a large chantry for 
 a dean and twelve ministers. Id. 
 
 ^^ His treasurership was illustrated by 
 the unfortunate introduction of two new 
 coins, called a groat and a half groat, 
 the real worth of which was so much 
 less than their nominal value as to pro- 
 duce n corresponding increase in the 
 price of all articles of consumption 
 throughout the kingdom. Id. 
 
 '^^ Archaeologia xxxi, 3, 34, 40, 160; 
 cited in 4 Lingard's Engl., ch. 2, p. 106, 
 note. 
 
 '«> I Granger's Biogr. Hist., p. 12, edi. 
 1779. In 1355 he was left one of the 
 custodes of the kingdom in the absence 
 of the king on his new invasion of 
 France. Id. 
 
 ^"In Rastell's 'Chronicle,' 1. vi, under 
 the life of Edw. Ill, is a curious pas- 
 
 sage ; it is quoted in I Granger's Biogr. 
 Hist., p. 12, edi. 1779. 
 
 362^ Collyer's Engl., edi. 1775, pp. 128, 
 129. Mr. Stubbs says : " For three 
 years the terrible plague of 1349 inter- 
 rupted all public business ; the war was 
 discontinued by a series of short- truces 
 until the year 1355 > t^^ legal and judi- 
 cial work of the country ceased for two 
 years, . 2 Stubbs's Const. Hist., ch. 16, 
 
 PP- 398. 399- 
 
 ^ At a period, however, when public 
 business generally was interrupted, there 
 was some legislation caused by the 
 plague, such as "the statute of labour- 
 ers" in 23 Edw. Ill (1349). 
 
 363 At Tottenham; and was buried 
 privately at Canterbury. Foss's Biogr. 
 Jurid. 
 
 3'* He was no doubt brought up in the 
 chancery, as he was presented by the 
 king so early as 13 Edw. II, 1319, with 
 the church of Wygeton, and acted as the 
 attorney of William de Herlaston, a 
 
690 Reign of Edward III [tit. v 
 
 and others, from May 28 till June 16. Then John de Thoresby (or 
 Thursby), bishop of St. David's,""' was appointed chancellor.^'* 
 
 J5. How, in. 1350, William de Thorpe was removed from., and Wil- 
 liam de Shareshull was advanced to, the chief justiceship of the 
 King's Bench. On a charge against Thorpe, of bribery, he was 
 adjudged to be hanged; and' the sentence was affirined ; but his 
 life was saved. What else appears as to him. 
 
 William de Thorpe, who, from Nov. 26, 1346, had presided over 
 the King's Bench, and who in parliament had declared the cause of 
 calling it in 21 Edw. Ill, and in 22 Edw. Ill, was after October, 26, 
 1350, in a less desirable position. William, de Shareshull (mentioned 
 in § 26, p. 577) was on that day advanced to the head of the King's 
 Bench.'" 
 
 It was alleged that five persons,"'* having, before Sir William 
 Thorpe, chief justice of the king's bench, and one of the justices of 
 the assize for the county of Lincoln, been indicted of felonies, he, at 
 the assizes at Lincoln, in 23 Edw. II, to stay a writ of exigent against 
 them cepit munera contra juramentum, suum,?'^ Before five com- 
 njissioners"" appointed by the King's writ of Nov., 1350, to examine 
 the matter, he confessed the bribery, or in Ld. Coke's language, ' nan 
 potuit dedicere,' &c. ; and he was adjudged to be hanged.'" Mr. 
 
 clerk in the chancery in 1325. For ^20; of G. H. £^o^ of T. D. ;^io; 
 
 nearly thirty years, from 14 to Edw. and of R. D. ;^io. 3 Inst., 145. 
 
 Ill— 1340 to IT,(>()— Thomas de Cotyn- ™N\z: the earls of Arundell, War- 
 
 ham was himself one of the clerks in wick and Huntingdon, and two lords, 
 
 chancery. During part of this time he the lord Grey and the lord Burghers, 
 
 went to Ireland as master of the Rolls ^'^ Mr. Foss says, that under the writ 
 
 there ; to which ofKce he was appointed of Nov. 3, Thorpe was committed " to 
 
 in 30 Edw, III (1356). Id. the Tower of London, and all his lands 
 
 '^^Consecratedbishop Sept. 3,1347. Id. and goods were ordered to be seized 
 
 36S jje -j^ras translated to the bishopric into the king's hands until the royal will 
 
 of Worcester Nov. 4, 1349, and was and pleasure shDuld be known;" and 
 
 raised to the archbishopric of York Oct. the king issued another writ (Nov. 19), 
 
 22, 1352. commanding immediate judgment that 
 
 ^^' And presided in it till July 5, 1357. he should be degraded and hanged." 
 
 Foss's Biogr. Jurid. Biogr. Jurid. 
 
 ^^ Richard Saltley, Hildebrand Bores- The language of the record quoted 
 
 ward, Guilbert HolHland, Thomas Derby by Lord Coke is " Suspendaiur et quod 
 
 and Robert Dalberby. 3 Inst., 145. omnia tra et tenta, bona et catalla sua 
 
 ™'Viz: of R. S. £\o; of H. B. remaneant forisfacta.' 3 Inst. 145. 
 
•CH. XIX.] 1327 TO 1377. 591 
 
 Foss states that " on the same day, the king, by writ of privy seal, 
 signified that he 'gave and forgave him his Hfe,' but ordered his 
 body to be committed to prison.'"" 
 
 The first parhament after the plague, was holden in 25 Edw. Ill, 
 at Westminster.'" The causes wherefore the parliament was called 
 being declared, " Sir William Shareshall, Knight, the Chief Justice 
 to the King, willed the Commons to weigh and well to provide 
 therefore."'" 
 
 "The King caused to be brought before him in full parliament the 
 record of judgment had against Sir Will. Thorp, by" his late Chief 
 Justice, and caused the same openly to be read before the nobles of 
 the parliament, to hear every of their advices ; all whom affirmed the 
 judgment to be rightly given, considering that he had against his 
 oath received bribes ; and therefore it was agreed by the whole par- 
 liament that if the like case should hereafter happen, the King might 
 take to him such nobles as he should best think, and therein do 
 according to his pleasure." "° 
 
 Although it may have been right to give judgment against Sir 
 William Thorpe for such punishment as was proper for the offence of 
 bribery, yet Ld. Coke considers that the judgment quod suspendatur 
 was not warranted by law, and "this precedent is not to be fol- 
 lowed";'" but, Thorpe's life was saved, as already stated; and 
 although his lands, horses, &c., were seized into the king's hands, 
 yet in a subsequent year, there was a pardon with restoration of part 
 of his lands, viz, the manor of Changton in Sussex ; "^ and — what is 
 much more remarkable — he was after an interval of eighteen months 
 
 '" Biogr. Jurid. Lionel in his absence to begin and pro- 
 
 373 ii xiig Monday in the Utaves of the ceed." Cotton's Abr., p. 73. 
 
 purification of our Lady.'' "For that "*/</., p. 73, No. 6. The session, in 
 
 sundry of the lords were not the same 13S1, was from Feb. 9 to March I. 
 
 day come, the parliament was continued z Stubbs's Const. Hist,, ch. 16, p. 398; 
 
 until Thursday, and from Thursday to also -f. 405, note. 
 
 Friday then ensuing ; at which day " Sir ''^ The word by seems to have been 
 
 Lionel, the king's son, with sundry printed here erroneously. 
 
 nobles, did assemble in the Chamber de "^ Cotton's Abr., p. 74 to No. 10. 
 
 Pinct., where the king's commission was ^" 3 Inst., pp. 145, 146. 
 
 read ; the which authorized the said "^ Toss's Biogr. Jurid. 
 
592 Reign of Edward III [tit. V" 
 
 made second baron of the Exchequer May 24, 1352. At least it 
 seems so.™ 
 
 36. Proceedings of Parliament in 23 Edw. Ill {1350-51 and 
 135 1-2). Stat. /, as to children inheriting, whether born in 
 England or elsewhere. Also of Stat. 2, Stat, j, and Stat. 4. 
 Stat. 5 provides, in ch. 2, as to treason ; in other chapters for 
 better protection of person and property ; and as to executors 
 of executors. Provisions of Stat. 6 and Stat. 7. Also of ordi- 
 nances in 2 J Edw. Ill {,1353). 
 
 In 25 Edw. Ill (1350-51 and 1351-2), there was more than one 
 session of parUament. In the parhament holden at Westminster "the 
 Monday in the Utaves of the purification of our Lady," there were 
 among the petitions of the Commons, with their answers," the fol- 
 lowing : 
 
 16. "That no man be put to answer of his freehold, or of anything- 
 that toucheth life, member or fine by opposite before the council but 
 by due process of law." 
 
 Answ. " Touching freehold, the King agreeth, and of the rest will 
 be advised."^" 
 
 30. " That no purveyor of timber do take away trees from any 
 man's house, and that exceptions thereof be in all their commis- 
 sions." 
 
 Answ. "The King granteth thereunto."™ 
 
 Of this parliament's statutes, the first printed in Statutes of the 
 Realm, is on page 310; "a statute for those who are born in parts 
 beyond sea"; it purports to be "at the utas of the purification of 
 our lady," the year of the King's "reign of England the 25th, and 
 of France the 12th"; and to be passed "that all doubts and ambigui- 
 ties should be put away, and the law in this case declared and put 
 in a certainty." 
 
 " That the law of the Crown of England is, and always hath been 
 such, that the children of the Kings of England, in whatsoever parts 
 
 ^" Unless the William de Thorpe judges in the parliament of 28 and 29 
 
 who then received that appointment was Edw. Ill, but not later. Id. 
 
 a different person. The baron of the ^^ Cotton's Abr., p. 74. 
 
 Exchequer (whether the same or a dif- '^' Id., p. 75 ; also mentioned in Id.y 
 
 ferent person) was present among the p. 79. 
 
CH. XIX.] 
 
 1327 TO 1377. 
 
 593 
 
 they be born, in England or elsewhere, be able and ought to bear the 
 inheritance after the death of their ancestors." ''" 
 
 As of some previous parliament, so of the parliament whose pro- 
 ceedings are mentioned in Cotton's Abr., p. 78 to 82, Sir John of 
 Codington was clerk ; and Sir William Shareshall, chief justice, de- 
 clared the cause.. Admitting that the parliament was holden at 
 Westminster, it seemed to be doubted by Mr. Cotton (or Mr. Prynne) 
 whether it was (as stated in the beginning of page 78 of Cotton's 
 Abr.) holden "The Friday the feast of Saint Hilary in 25 Edw. III. 
 It is,, however, clear that it was holden in 1352,''^ and in the feast 
 of Saint Hilary. The statutei n i Stat, of the. Realm, p. 319 to 324, 
 is there printed as ' Statute the fifth ' and as made in the parliament 
 holden in the feast of Saint Hilary in 25 Edw. III." Ch. i is of Pur- 
 veyors. Chapters two, three, four; five, seven and fourteen (or parts 
 thereof) are retained in i 'Statutes Revised.'"" Ch. 2 is of treason, 
 and is mentioned by Mr. Stubbs as the first law that defined that 
 crime and its penalty."* 
 
 382 ^fter a special provision for Henry, 
 son of John de Beaumond, Elizabeth, 
 daughter of Guy de Bryan, and Giles, 
 son of Ralph Dawbeny, which were 
 bom beyond the sea out of the legeance 
 of England, there is the following: 
 
 "That all children inheritors which, 
 from henceforth, shall be born without 
 the legeance of the king, whose fathers 
 and mothers at the time of their birth be, 
 and shall be at the faith and legeance of 
 the King of England, shall, have and 
 enjoy the same benefits and advantages, 
 to have and bear the inheritance within 
 the same legends as the other inheritors 
 aforesaid in time to come; so always 
 that the mother of such children do 
 pass the sea by the license and wills of 
 their husbands." i Statutes Revised, 
 edi. 1870, p. 175 to 177. 
 
 In Statutes of the Realm, p. 311 tor 
 313, under a caption importing that it was 
 in the parliament holden " in the Octave 
 of the purification of the blessed Virgin 
 Mary," is "Statute the second;" being 
 another statute as to labourers. 
 
 ■ 38 
 
 In same volume, p. 313 to 315, is 
 " Statute the third," being as to measuring 
 cloths and selling merchandize, and as 
 to new wears in rivers. 
 
 In Id., p. 316 to 318, is "Statute the 
 fourth," being " the statute of pro- 
 visors of benefices." It is in i ' Statutes 
 Revised,' p. 177 to 184, of edi. 1870. 
 Mr. Stubbs speaks of this as the first 
 statute of provisors, and mentions that 
 it was passed in Feb., 1351. 2 Const. 
 Hist., ch. 16, p. 410. The language, in 
 2 Inst., 583, and 4 Bl. Com., no, is 
 remarked upon in Hall. Mid. Ages, ch. 
 7, note, on p. 478 of vol. i, edi. 1824. 
 
 '^'Mr. Stubbs states that parliament 
 sat in "1352, Jan. 13, Feb. 11, and 
 August 16-25." 2 Const. Hist., ch. 16, 
 p. 405, note I. 
 
 38* Edi. 187b, p. 18410 189. 
 
 585 2 Const. Hist., ch. i'6, p. 410. It 
 was construed in 4 Jac. i, in Leake's 
 case, 12 Rep., 17. 
 
594 Reign of Edward III [tit. v 
 
 In other chapters are the following important enactments, 
 
 III. " That no indictor shall be put in inquests upon deliverance of 
 the indictees of felonies or trespass, if he be challenged for that same 
 cause by him which is so indicted." 
 
 IV. " Whereas it is contained in the Great Charter of the Fran- 
 chises of England that none shall be imprisoned nor put out of his 
 freehold, nor of his franchises nor free custom, unless it be by the law 
 of the land; It is accorded, assented and stablished, that from hence- 
 forth none shall be taken by petition or suggestion made to our Lord 
 the King, or to his council, unless it be by indictment or presentment 
 of good and lawful people of the same neighborhood where such 
 deeds be done, in due manner, or by process made by writ original at 
 the common law; nor that none be out of his franchises nor of his 
 freeholds unless he be duly brought in to answer, and forejudged of 
 the same, by due course of the law ; and if anything be done against 
 the same, it shall be redressed and holden for none." •> 
 
 V. " It is accorded and stablished that executors of executors shall 
 have actions of debts, accounts and of goods carried away of the 
 first testator's, and execution of statutes merchants and recognizances 
 made in court of record to the first testator, in the same manner as 
 the iirst testator should have had if he were in life" — "and that the 
 same executors of executors shall answer to other, of as much as 
 they have recovered of the goods of the first testator's as the first 
 executors should do if they were in full life." 
 
 VI. " It is accorded and stablished that no taker of wood nor of 
 timber to the King's use for work, nor for to make other thing, cut or 
 cast down the trees of any man growing about or within his house; 
 and if any do to the contrary, he shall make Gree to the party of his 
 treble damage, and to have one year's prison and to be forejudged of 
 his office."™'^ 
 
 ^^ I Stat, of the Realm, pp. 320, 321. villainage; ch. xix, of suing the king's 
 
 Ch. vii, is against foresters, &c., gather- debtors ; ch. xx, of receiving plate and 
 
 ingwhatis not due; ch. viii, is as.to find- delivering coin by weight; ch. xxi, of 
 
 ing men of arms, &c. ; ch. ix, abolishes abuses by the king's butlers ; ch. xxii, 
 
 auncil weight, and requires goods to be " penalties on purchasing provisions at 
 
 weighed by balance ; ch. A, is of enforcing Rome for abbies or priories;" ch. xxiii, 
 
 magna charta; ch. xi, of "aid to make as to "companies of Lombards." 
 the king's eldest son knight, and to " An ordinance for the clergy," made 
 
 marry his eldest daughter" — 13 Rep., at Westminster in 25 Edw. Ill, is 
 
 27; ch. xii, of exchange of gold for printed as "Statute the sixth." I Stat, 
 
 silver; ch. xiii, that money shall not be of the Realm, 324 to 326; I 'Statutes 
 
 impaired in weight nor in allay; ch. xiv, -Revised,' p. 1S9 to 192. 
 of process against persons indicted of " The statute of the form of levying 
 
 felony ; ch. xv, against unreasonable of the fifteenth," is printed as " Statute 
 
 taking of sheep ; ch. xvi, as to exception of the seventh." i Stat, of the Realm, 
 
 non-tenure of parcel; ch. xvii, of process pp. 327, 328. 
 in debt, detinue and replevin ; ch. xviii, of 
 
•CH. XIX.] 
 
 1327 TO 1377. 
 
 595 
 
 Ordinances in 27 Edw. Ill (1353), are mentioned in Cotton's Abr., 
 p. 81. The first statute of Praemunire declaring the forfeiture and 
 outlawry of those who sued in foreign courts for matters cognizable 
 in the King's courts, was an ordinance of this year.'^' " The ordi- 
 nance of the Staples," printed as "Statute the second," ^'^ has in 
 ch. ix, of " recognizances," a provision as to what " shall be certified 
 in the chancery" and what shall issue and "be returned in the 
 chancery." '^ 
 
 37. Appointments from 1353 to 13SI to the Exchequer Bench, King's 
 Bench and Common Pleas. 
 
 Exchequer Bench : 
 
 1354, November 27, William de Retford,^^" made a baron.'" 
 1356, October 6 (30 Edw. Ill), Henry de Greystoke?''' 
 
 S8' 2 Stubbs's Const. Hist., ch. 16, p, 
 410. It is entitled "a statute against 
 annullers of judgments of the King's 
 courts " ; and is printed as " statute the 
 first." I Stat, of the Realm, 329; 
 I 'Statutes Revised,' edi. 1870, p. 193 
 to 195. Chapter ii is as to suggestions 
 in a pardon of felony; ch. iii is of com- 
 missions to enquire of offenders against 
 Stat. 23 Edw. Ill, c. 6 ; ch. iv is of " the 
 mischief resulting from forfeiture of 
 clothes not measuring the assize" ; ch. v 
 against forestalling or engrossing Gas- 
 coin wine; ch. vi, of bringing wines to 
 English ports; ch. vii, "when and 
 where Gascoin wines may be bought"; 
 ch. ix, of gauging wines. 
 
 ™ I Stat, of the Realm, 332 to 343. 
 
 ^Id., p. 337. " The ordinance of the 
 fees of the Mayors and Constables, of 
 the Staple," is Id., pp. 343, 344. 
 
 '*> Probably son of Robert de Retford 
 (mentioned in ch. 16, | 29), who was of 
 Nottinghamshire; on the roll of which 
 is a document of 23 Edw. Ill, appoint- 
 ing William de Retford keeper of the 
 great wardrobe. He is there called 
 < clericus.' Foss's Biogr. Jurid. 
 
 ^'^ In Benloe's Reports he is mentioned 
 
 as a justice of assize in 32 Edw. III. Id. 
 392 Perhaps so called from being born 
 in Greystoke, in Cumberland. He was 
 connected with the king's household or 
 Exchequer in 27 Edw. I, as well as 
 several terms afterwards under Edward 
 II. He acted as paymaster of the forces 
 in Nottingham and Derby, and was (by 
 Edw. II) appointed to assist the sheriflf 
 of Cumberland in arresting Knights 
 Templars. From 16 Edw. Ill, he held 
 the ofSce of custos of lands and tene- 
 ments reserved for the use of the king's 
 chamber; in this character various 
 manors, &c., were under his charge; in 
 parliaments of 25 and 28 Edw. Ill, he 
 was ordered to be present on the hearing 
 of petitions touching these lands to give 
 information 'pur le roi et an le roi.' 
 Observing that Dugdale introduces him, 
 in 27 Edw. Ill, as attorney-general, Mr. 
 Foss says " it is probably in reference to 
 these' matters only, as he does not appear 
 to have been otherwise connected with 
 the law. Though described as ' cleri- 
 cus,' he could not have taken that grade 
 in holy orders which prevented him 
 from marrying, for his widow Jane, the 
 daughter , of Sir William Pickering, is 
 
696 Reign of Edward III [tit. v 
 
 1357, John de Bukyngham'^ (or Bokyngham) made a baron.'"* 
 
 King's Bench: 
 
 1354, April (28 Edw. Ill), Thomas de Setone}^^ 
 
 1355, October 12, William de Nottonf^ made a judg§ of this 
 bench.'"' 
 
 said to have married Chief Justice Gas- 
 coigne. He had a grant of the French 
 portion of the church of Mapeldurham, 
 and of a messuage and lands in Resceby, 
 in Yorkshire, for his good services." Id. 
 
 333 Educated at Oxford, where he took 
 the degree of Doctor of Divinity ; in 
 1350 collated archdeacon of Northamp- 
 ton; in 135 1 (24 Edw. Ill) appointed 
 keeper of the king's great wardrobe. 
 Foss's Biogr. Jurid. 
 
 '"* It is presumed that his seat on this 
 bench was resigned on his becoming 
 keeper of the privy seal two years after- 
 wards, which office he retained till the 
 middle of 37 Edw. III. In 1360, he 
 and Robert de Herle were the king's 
 lieutenants and captains of the duchy of 
 Brittany. He was advanced to the 
 deanery of Lichfield about 1361, and to 
 the bishopric of Lincoln on April 5, 
 1363. After he had ruled that diocese 
 for thirty-four years, Pope Boniface IX, 
 in revenge (it is said) for certain con- 
 tests between them, removed him from 
 it in 1397, offering him in its stead the 
 see of Lichfield. The offended prelate, 
 however, refused to accept what he con- 
 sidered as a degradation; he chose 
 rather to retire to the cloisters of Can- 
 terbury, where he died in less than six 
 months (March 10, 1398). His works 
 are mentioned by Bale and Pitts; they 
 " prove him to have been an able dispu- 
 tant and profound scholar." Id. 
 
 3"^ In the Year Books, mentioned pre- 
 viously for ten years. In 19 Edw. Ill, 
 he was one of the king's Serjeants, when 
 
 he applied to the council, on behalf of 
 the community of the bishopric of Dur- 
 ham, to forego the iter there for that 
 year ; the application was granted on 
 their paying 600 marks. Speaking of 
 Dugdale's placing him as a judge of the 
 King's Bench in 28 Edw. Ill, and of 
 the Common Pleas in 29 Edw., Mr. 
 Foss observes that he was certainly a 
 judge of one of them in April, 1254 
 {28 Edw. Ill), for he was then one of 
 the triers of petitions in parliament. 
 Biogr. Jurid. 
 
 396 Of a Yorkshire family, and pro- 
 bably born in the place of that name. 
 Judging by the frequent recurrence of 
 his arguments (in the Year Books), he 
 was an advocate of considerable emi- 
 nence. In 20 Edw. Ill, he had from 
 the king a confirmation of a messuage, 
 and above 200 acres of land, part of the 
 manor of Fishlake, in Yorkshire, by the 
 service of one rose. In the same year 
 he was one of the king's Serjeants. Id. 
 
 3" He was subjected, in 1358, to ex- 
 communication, for neglecting to appear 
 to the pope's citation to answer for his 
 sentence against the bishop of Ely for 
 harbouring the man who had slain one 
 of Lady Wake's servants. His service 
 in the King's Bench ended in 35 Edw. 
 Ill, when he was constituted chief jus- 
 tice of the Common Pleas in Ireland; 
 two years afterwards he was one of the 
 council of the king's son Lionel, earl of 
 Ulster, then lieutenant of that county. 
 Id. 
 
CH. XIX.] 
 
 1327 TO 1377. 
 
 597 
 
 Common Pleas: 
 
 1354, Feb. 6 (28 Edw. Ill), Henry Greenf^^ called to this bench.'™ 
 
 1354, Feb. 20, Roger Hillary, constituted Chief Justice.*"" 
 
 1355, Michaelmas (29 Edw. Ill), Thomas de Setone^^ 
 
 1356, June 27 (30 Edw. Ill), Robert de Thorpe^ made Chief 
 Justice.*"* 
 
 1357, July \,x^Henry de Motelowf"' raised to this bench.*"" 
 
 j5. Proceedings in parliament of 28 Edw. HI (,1334)- What is 
 embraced in its statute. Also of the parliament of 2g Edw. 
 Ill {^355)- 
 In 28 Edw. Ill (1354) parliament was holden at Westmin- 
 
 "* Queen Isabella having granted to 
 him, probably for services as an advo- 
 cate, the manor of Brigge-stoke, in 
 Northamptonshire, her son, Edwar,d III, 
 confirmed it to him for life. He was 
 appointed one of the king's Serjeants at 
 law in 19 Edw. III. Foss's Biogr. 
 Jurid. 
 
 "'And knighted. In 1358, having 
 been cited before the pope for pronoun- 
 cing a judgment against the bishop of 
 Ely for harbouring one of his men who 
 had burnt a manor of Lady Wake's, and 
 slain one of her servants, he was excom- 
 municated for his non-appearance. It 
 does not appear how he was cleared 
 from this sentence ; it did not prevent his 
 being raised to a higher office. Id. 
 
 *"In place of jfokn de Stonore who 
 had died. Although Mr. Foss in his 
 article on Roger Hillary states that he 
 " continued to preside in the court for 
 the remainder of his life," yet there is 
 ground for saying that he was not in the 
 chief justiceship after June 27, 1356. 
 His death may have occurred in June of 
 that year, instead of 1337, as stated in 
 Biogr. Jurid., p. 348. He was buried in the 
 church of All Saints in Staffordshire. Id. 
 
 "'Though before mentioned in con- 
 nection with the King's Bench, yet "he 
 was a judge of the Common Pleas in 
 Michaelmas, 1355, 29 Edw. Ill, for 
 
 fines were then acknowledged before 
 him.'' Mr. Foss thinks it "probable 
 that he was appointed to this court be- 
 tween the previous Hilary and Trinity 
 Terms, as the list in the Year Book 
 omits his name in the former, and in- 
 cludes it in the latter term. In 30 Edw. 
 Ill, he recovered damages from a woman 
 for calling him ' traitor, felon and rob- 
 ber' in the public court. Id. 
 
 *°2 0f Thorpe, near Norwich. He 
 was educated at Cambridjge, commenced 
 his career as an advocate so early as 14 
 Edw. Ill, attaining the rank of king's 
 Serjeant in 1345. He was one of the 
 justices to try felonies in Oxford county 
 in 13SS, and was frequently employed as 
 a justice of assize. Foss's Biogr. Jurid. 
 
 ^^ In the University of Cambridge he 
 laid the foundation of the divinity 
 schools, with the chapel over them, in 
 1356; and was afterwards master of 
 Pembroke College. Nine years after 
 1356 he had an extended grant of ;^.40 
 a year to support the dignity of knight- 
 hood which the king had conferred upon 
 him; he contfnued to preside in the 
 Common Pleas for nearly fifteen years. Id. 
 
 ^^ Among the advocates in the Year 
 Books from 18 Edw. III. Id. 
 
 405 Fines were not acknowledged be- 
 fore him later than Easter, 1361 (35 Edw. 
 III). Id. 
 
598 
 
 Reign of Edward III 
 
 [tit. V 
 
 ster.*"" Sir William Shareshull, Chief Justice, proclaimed before the 
 King, Lords and Commons the causes for which it was called. It sat 
 from April 28 to May 20, and had under consideration (besides other 
 things) the judgment in 4 Edw. Ill, against Roger of Mortimer^ 
 late earl of March; and a previous judgment against Edmund, earl 
 of Arundel.*"' The proceedings in these cases 'give support to Mr. 
 Hume's position as to "the principles of law and justice" in the 
 reign of Edw. II, and the early part of the reign of Edward III — 
 
 That they "were established in England, not in such a degree as 
 to prevent any iniquitous sentence against a person obnoxious to the 
 ruling party ; but sufficient, on the return of his credit or that of his 
 friends, to serve as a reason or pretence for its reversal."*"' 
 
 The " petitions of the Commons, with their answers" (p. 86 to 88), 
 embrace the subjoined.*™ 
 
 The statute of 28 Edw. Ill, although it embraces some matters not at 
 this day of great interest,*" also recognizes fundamental principles,*" 
 
 *»"The Monday after Saint Mark, 
 the Evangelist." Cotton's Abr., p. 85. 
 
 *'"Jii., pp. 73, 74, Nos. 8, 9, and 
 pp. 85, 86, No. 8 to IS; 2 Stubbs's 
 Const. Hist., ch. 16, note i. 
 
 ^''82 Hume's Engl., ch. 15, pp. 184, 
 185, of N. Y. edi., 1850. 
 
 *<»No. 19. "It is enacted that the jus- 
 tices of the peace shall be of the best in 
 every county; that upon the displacing 
 of any of them others be placed at the 
 nomination of the Knights of the same 
 county; that they sit four times at the 
 least every year ; that none be displaced 
 vifithout the King's special command- 
 ment or testimony of their fellows." 
 
 No. 30. " That no inquest upon con- 
 spiracy, confederacy, maintenance or 
 such like be returned but, by the sheriff 
 . of the most lavirful- men and highest in 
 that part of the country where such acts 
 are laid ; that all evidences therein be 
 given openly at the bar; and that no 
 man speak with the jury after they de- 
 part therefrom. It is enacted." 
 
 No. 58 is " as to a treaty of a peace 
 between the King and the French." 
 
 The commons submitting to the order of 
 the King and of his nobles, " Sir Mich, 
 of Northumberland, keeper of the 
 King's privy seal, commanded Sir John 
 of Swiinley, the Notary Papal, to make 
 thereof public instrument." 
 
 ""ii. As to Lords of Marches of Wales; 
 iv. Of satisfying the King the mean rates 
 of certain lands; v. Against exporting 
 iron; xii. Of purveyance; xiii. Con- 
 firming with amendments statute of the 
 staple 27 Edw. Ill, stat. 2; xiv. Show- 
 ing wools at the staple; xv. Bounds 
 of the staple. 
 
 *"i. " That the Great Chai-ter and the 
 Charter of the Forest and all other 
 statutes before this time made and used,. 
 be kept and maintained in all points." 
 I Stat, of the Realm, p. 345. 
 
 iii. "That no man of what estate or 
 condition that he be shall be put out of 
 land or tenement, nor taken, nor im- 
 prisoned, nor disinherited, nor put to 
 death, without being brought in answer 
 by due process, of law." Id^ 
 
CH. XIX.] 1327 TO 1377. 59& 
 
 and contains enactments illustrating the progress of government 
 and of law.*" 
 
 The parliament at Westminster, in 29 Edw. Ill (1355),*" sat from 
 Nov. 24 to Dec, 30. According to the king's pleasure, there was 
 declaration to the assembly by Sir William de Manny, as well as by 
 Sir William de Skareshull."^^ 
 
 The "petitions of the Commons, with their answers," embrace the 
 subjoined.'"^ 
 
 jg. David de Wollore, Master of the Rolls from 1346 for about 25 
 years, hi the hands of him and others the Great Seal was left 
 in 1353, when fohn de Thoresby went to York. Of Thoresby, 
 until Nov. 1356, when he retired from the chancellorship, and 
 was succeeded therein by William, de Edington, who held the 
 office until 1363. Of the treasurers from 1356 to 137 1. Shnon 
 de Langham treasurer from Nov. 1360, till Feb. 1363, then 
 became chancellor, and having been translated from the bish- 
 opric of Ely to Canterbury in 1366, soon afterwards resigned the 
 Great Seal. 
 
 David de Wollore"^ is first mentioned in the office of Master of 
 the Rolls*" on July 2, 1346 (20 Edw. III). He continued in this 
 
 ^'^vi. Of choosing coroners; vii. Re- Answ. "None shall be punished for 
 
 moving sheriffs from office yearly; viii. confederacy but in case where the statute 
 
 ^, ^, . . . • A • .. speaketh expressly upon the point con- 
 
 Of the writ of attaint; ix. Against tained in the same statute." 
 
 granting commissions and general writs Nq, 24. " That remedy may be had 
 
 to sheriffs at their own suit; x. Penalty against such as to defraud their creditors 
 
 on the mayor, sheriffs and aldermen not before judgment, do convey away their 
 
 , . J -. . .J lands and goods." 
 
 redressing errors and misprisons ; xi. As ^^^^ ,f.j,^g ^^^^^^^ therefore made 
 
 to murders and robberies, cdnfinmng shall be observed." Cotton's Abr., pp. 
 
 and amending statute of Winchester, 13 91, 92. 
 
 Edw. I, ch. I, 2. 
 
 Chapters ii, iii, vi, vii and ix.are in i «« Named from the town of WoUofe, 
 
 'Statutes Revised,' edi. 1870, pp. 196, in Northumberland. He was sent^ to 
 
 jg- attend the parliament in Scotland in 8 
 
 *""The day after Saint Martin the Edw. Ill; his mission occupied eighteen 
 
 bishop." Cotton's Abr., p. 90. days, and he was allowed three shillings 
 
 «*/rf., pp. 90, 91; 2 Stubbs's Const. a day for his expenses. Foss's Biogr. 
 
 Hist., ch. 16, p. 405, note. Jurid. 
 
 ,,..,_. _, , . ^ r *" It does not clearly appear who was 
 
 "5No. 21. "That the points of con- . , „ „ r ,, 
 
 federacy may be declared, considering master of the Rolls from May 20, 1345. 
 
 that the judges judge rashly thereof." to July 2, 1346. 
 
600 Reign of Edward III [tit. v 
 
 office about twenty-five years ; during which he frequently had cus- 
 tody of the Great Seal.'"' 
 
 During the chancellorship oi John de Thoresby (or Thursby), he 
 was (Nov. 4, 1349,) translated to the bishopric of Worcester, and 
 (Octo. 22, 1352,) raised to the archbishopric of York. As arch- 
 bishop he went to York August 4, 1353. Then the Great Seal was 
 left in the hands of David de Wollore (Master of the Rolls), Thomas 
 de Brayton (or Drayton) and Andrew de Offord.''^^ It does not 
 appear how long, on this occasion, absence at York interfered with 
 the proper discharge of the chancellor's duties. 
 
 " He" (the archbishop) "was left one of the custodes of the king- 
 dom when King Edward renewed his invasion of France in 1355 
 {N. Feeder a, 305) ; but, on his sovereign's return, after the battle of 
 Poictiers, in the ensuing year, his advancing age prompted him to 
 apply for liberty to retire from the chancellorship which he had held 
 with credit and honour longer than any other chancellor of this 
 reign, though for little more than seven years in all, during four of 
 which he had been archbishop. He was accordingly 'benevole et 
 gratanter' exonerated from his duties on November 27, 1356,"*™ 
 (30 Edw. III). 
 
 "'In 1349, 1351, and 1353. He was' duties, during the seventeen remaining 
 
 receiver of petitions in parliaments from years of his life, were confined to. con- 
 
 36 to 43 Edw. III. In his clerical char- ducting various treaties with the Scottish 
 
 acter he was a canon of St. Paul's, and king, but for the most part he devoted 
 
 rector of Bishop's Wearmouth, where himself to his episcopal functions and to 
 
 his successor was inducted in 1370, the the renovation of his cathedral. He 
 
 year of his death. Foss's Biogr. Jurid. laid the first stone of the new choir 
 
 '1* Brother of John de Offord, and, July 29, 1362; and besides exciting the 
 like him, employed in diplomatic mis- nobles and clergy of his province to aid 
 sions. From 17 to 20 Edw. Ill, he was his endeavours, he expended large sums 
 on embassies to Rome, Castile, Portu- in carrying on that splendid work, and 
 gal, Flanders, and France. He may also in restoring and ornamenting the 
 have been made a clerk or master of the chapel of St. "Mary, where his remains 
 chancery during his brother's chancellor- were afterwards deposited. The ques- 
 ship, but is not distinctly named as such tion of precedence between the two 
 till a later period. He is described as archbishops, which had for many years 
 juris civilis professor, afterwards as occasioned unseemly contests, was set- 
 canon of York, and, in 1349, was ad- tied by agreement between him and 
 mitted as archdeacon of Middlesex. He Archbishop Islip;" "Pope Innocent IV, 
 was a receiver of petitions in the par- in his confirmation of the arrangement, 
 liaments of 28 and 29 Edw. HI, and introduced the nice distinction of pri- 
 died in 13^8. Foss's Biogr. Jurid. mate of England, and primate of all 
 
 *'"' Foss's Biogr. Jurid. " His political England." Archbishop Thoresby " died 
 
CH. XIX.J 
 
 1327 TO 1377. 
 
 601 
 
 On the same day (Nov. 27, 1356,) the Great Seal was placed in the 
 hands of William de Edington, bishop of Winchester (mentioned in 
 § 34, p. 588) ; he retained it for more than six years, during which 
 he preserved the royal favour without losing the confidence of the 
 people. He was, as the record says, 'gratefully absolved' from its 
 duties on Feb. 19, 1363.*" 
 
 At the Treasury, Bishop Sheppey, of Rochester, presided from 
 1356 to 1360."' Simon de Langhavi*^ was raised to the office of 
 treasurer Nov. 21, 1360 (34 Edw. Ill);*'" and continued in this office . 
 till Feb. 1363.*" 
 
 Then William de Edington, bishop of Winchester, was succeeded 
 as chancellor by Simon de Langham, bishop of Ely. He was on 
 July 22, 1366, translated to Canterbury by papal provision;*^* and 
 in 1366, or 1367, resigned the Great Seal.*" 
 
 at his manor of Thorpe on Nov. 6, 1373 
 (having been engaged in the public ser- 
 vice for nearly forty-eight years of Ed- 
 ward's reign), with a character honor- 
 ably described as ' contentionum et 
 litium hostis, et pads et concordice 
 amicus! Besides several other religious 
 works, he wrote a commentary, in the 
 English tongue, on the Lord's Prayer, 
 the Decalogue and the Articles of Faith, 
 for the use of the people of his province. 
 That on the Ten Commandments is 
 printed by Thoresby in the appendix to 
 ■his ' Viearia Leodensis.' " Id. 
 
 ^'^The monks of Canterbury elected 
 him archbishop on the decease of Simon 
 Islip, but he refused the proffered dig- 
 nity, humourously saying, that though 
 Canterbury \*as the higher rank, Win- 
 chester was the better manger. He 
 continued high in the king's confidence 
 until his death, Octo. 7, 1366. He was 
 buried at Edington. Foss's Biogr. Jurid. 
 
 ^i Stubbs's Const. Hist., ch. 16, 
 P- 413- 
 
 *^A monk of Westminster in 1355, 
 and till his death, forty years afterwards, 
 a devoted friend to the house. "Ap- 
 
 pointed prior in April, and abbot in May, 
 1349, be applied his early savings to the 
 discharge of the engagements of the 
 monastery ; he suppressed its abuses, 
 regulated its discipline, and gained the 
 esteem of the brotherhood by his kind 
 and equitable sway." Foss's Bicgr. 
 Jurid. 
 
 *^* Elected two years afterwards to 
 two bishoprics, London and Ely ; by his 
 own selection he was appointed to the 
 latter Jan. 10, 1362. Id. 
 
 420 Bishop Barnet, of Worcester, pre- 
 sided at the treasury from 1363 to 1368, 
 and Thomas Brantingham, afterwards 
 bishop of Exeter, from 1368 to 1371. 
 2 Stubbs's Const. Hist., ch. 16, p. 413. 
 
 *2^Mr. Foss thinks it "probable that 
 the ' railing hexameters' on his transla- 
 tion from Ely to Canterbury — 
 ' Lceteniur cceli^ quia Simon transit ab. 
 
 Ely; 
 Cujus in adventum fienl in Kent millia 
 
 centum^ 
 were rather the malicious effusion of an 
 individual enemy than the expression ot 
 popular feeling." Biogr. Jurid. 
 
 427 " During his primacy he greatly ex- 
 
602 
 
 Reign of Edward III 
 
 [tit. \r 
 
 40. Of the parliament of jr Edw. Ill {iJS?) ; its enactments ;- 
 especially one statute as to administration of an intestate's estate, 
 and another giving the chancellor and treasurer jurisdiction to 
 correct errors in judgments of the Exchequer. Also of the 
 parliaments of other years before 36 Edw. Ill {1362). 
 
 Mr. Stubbs. observes : 
 
 "From 1336 to 1362 the rolls of parliament are lost, and our infor- 
 mation on parliamentary business, derived from other sources, is, 
 very scanty." *'* 
 
 In Cotton's Abr. there are no proceedings in parliament after 29 
 Edw. Ill (1.355), until 36 Edw. Ill (1362). But from such sources 
 as exist, we learn that in 31 Edw. HI (1357) there was a parliament 
 " at Westminster the Monday next after the week of Easter " ; *'^ that 
 it sat from April 10 to May 16 ; *'" and that it passed a statute — ' Stat- 
 
 erted himself in the correction of the 
 abuse of the privilege of pluralities ; but 
 he incurred some censure by the removal 
 of John WicklifFe from the headship of 
 Canterbury Hall in Oxford, which wras 
 in consequence of the appointment hav- 
 ing been contrary to the statutes of 
 Simon Islip, the founder." — "On Sep- 
 tember 27, 1368, Pope Urban V pro- 
 moted Langham to the dignity of a car- 
 dinal presbyter, by the title of St. Sixtus. 
 The King taking umbrage at his accept- 
 ance of it, he resigned the archbishopric 
 on Nov. 27 and retired to Avignon. 
 Pope Gregory XI advanced him to the 
 title of Cardinal Bishop of Preneste, 
 having first employed him in several 
 negotiations in 1372 to mediate peace 
 betvifeen the Kings of England and 
 France, and the Earl of Flanders, during 
 which he revisited his native country. 
 In these treaties he is styled the Cardinal 
 of Canterbury, and the King calls him 
 his 'dear and faithful friend' [N. Fcedera 
 iii, 932-970). It is certain that he re- 
 tained so much of the royal favour as to 
 be permitted to hold various preferments 
 at this time in England. Besides a pre- 
 
 bend in the church of York, he was 
 treasurer and archdeacon of Wells and 
 dean of Lincoln, his filling the latter 
 place while a cardinal, being the subject 
 of a complaint to the parliament of 
 April 1376, (Rot. Pari, ii, 339). It is 
 stated that at this time he had applied 
 for and procured permission to return to 
 England; and that he projected the re- 
 building of Westminster Abbey. But 
 all his plans were frustrated by a para- 
 lytic stroke which occasioned his death 
 on July 22, 1376. He was first buried in 
 the church of the Carthusian monastery 
 which he had founded in Avignon, and 
 was three years afterwards removed to 
 St. Benet's chapel in Westminster Abbey; 
 where his tomb still remain^. He was a 
 man of great capacity, wise, affable, tem- 
 perate and humble; and of his munifi- 
 cence we have evidence in his benefac- 
 tions to Westminster." Foss's Biogr. 
 Jurid. 
 
 "82 Const. Hist., ch. i6, p. 405. 
 
 *«9 i Stat, of the Realm, 349 ; I 'Statutes 
 Revised,' edi. 1870, p. 198. 
 
 «»2 Stubbs's Const. Hist., ch. 16, p. 
 405, note. 
 
CH. xix.J 1327 TO :377. 603 
 
 ute the first ' — which, after recognition of the charters,"^ has besides 
 other chapters,*" the following : 
 
 XL " It is accorded and assented that in case where a man dieth 
 intestate, the ordinaries shall depute the next and most lawful friends 
 of the dead person intestate to administer his goods ;^^ which deputies 
 shall have an action to demand and recover as executors the debts 
 due to the said person intestate in the King's court, for to administer 
 and dispend for the soul of the dead ; and shall answer also in the 
 King's court to other to whom the said dead person was holden and 
 bound, in the same manner as executors shall answer ; and they shall 
 be accountable to the ordinaries, as executors be in the case of a 
 testament, as well of the time past as the time to come."*" 
 
 Chapters two, three, eleven and fifteen are in i ' Statutes Revised,' 
 p. 198 to 200. Chapter 15 is noticed ante p. 299, ch. 15, note 95, in 
 connection with ch. 35, of 9 Hen. Ill (Magna Charta). Chapter 12 
 is as follows : 
 
 " It is ordained and established that in all cases, touching the king 
 or other persons, where a man complaineth of error made in prdcess 
 in the Exchequer, the chancellor and treasurer shall cause to come 
 before them, in any chamber of council nigh the Exchequer, the 
 record of the process out of the Exchequer, taking to them the 
 justices and other sage persons, such as to them seemeth to be taken ; 
 and shall also cause to be called before them the barons of the 
 Exchequer to hear their informations, and the causes of their judg- 
 ments, and thereupon shall duly examine the business; and if any 
 error be found, they shall correct and amend the rolls, and after send 
 
 *''Ch. i. " That the Great Charter and ^^^' Depuier de plus procheins et plus 
 
 the Charter of the Forest be firmly kept, loyals amis du mart intestat,pur admin- 
 
 holden, used and executed in all points." ister ses Hens.'' That is the next of 
 
 Id. blood. Bensloe's case, 9 Rep. 39 !•; 
 
 ^'^ii. "Of the price of wools"; iii. cited in 1843 by the Vice-chancellor of 
 
 "Discharge of estreats".; iv. " Extor- England (Sir Lancelot Shadwell) in 
 
 tion of Bishop's officers" on probates; Cooper y. Denison, 13 Sim. 295, 36Eng. 
 
 V. " A tun of wine " ; vi. " Fines from Ch. R. 
 
 labourers"; vii. "Statute of labourers *34 ^g ^ the state of things before and 
 
 extended " ; viii and ix. Of the " ex- after this statute, see Weston, J. in 7 
 
 portation of wool " ; x. Of " sellers of Eliz. in Graysbrook v. JFox, Plowd. 277, 
 
 victuals'' in London; xiii. Of "pardon 278; Hudson v. I}'udson,'Forteistet {C&'i. 
 
 to the Commons" for escapes; and Temp. Talb) 128; 2 Bl. Com., 494 to 
 
 "grant to the king of a fifteenth " ; xiv. 496; i Hall. Mid. Ages, ch. 7, p. 405 of 
 
 Of "escapes of thieves, chattels of Phila. edi. 1824. 
 felons," &c. 
 
■604 
 
 Reign of Edward III 
 
 [tit. V- 
 
 them into the Exchequer, for to make thereof execution as per- 
 
 taineth."*'^ 
 
 Parliament sat, in 1358, in February, from the 5th to the 27th;*^ 
 in 1360, May 15; and in 1361, Jan. 24 — Feb. 18.*" This seems to be 
 the parliament*'" which made a statute*" with chapters as subjoined."" 
 
 41. Of the parliament of j6 Edw. Ill {1362) ; the King's course 
 then as to his sons. Of the statute then Tnade; especially its 
 broad provision as to remedy in chancery, and the chapter 
 requiring that pleas shall be in the English tongue and be 
 entered and enrolled in Latin. 
 
 In 36 Edw. Ill (1362), the causes of the parliament called for 
 ' Quindena Sancti Michaelis,' and which sat from Octo. 13 to Nov. 
 17, was declared by Sir "'Henry de Green, the King's Chief Justice, 
 in the presence of the King, Lords and Commons."*" The "peti- 
 tions of the Commons, with their answers," embrace (besides other 
 matters) the subjoined.*" 
 
 «5i Stat, of the Realm, 351. "An 
 ordinance made concerning the selling 
 of herrings" is called " Statute the sec- 
 ond," and is in Id. p. 353 to 355. •• An 
 ordinance concerning the Salt Fish of 
 Blakeny" is called " Statute the third," 
 and is in Id. pp. 355, 356; " An ordi- 
 nance made for the estate of the land of 
 Ireland" is in Id. p. 357 to 364. 
 
 ™ Lord's Report i, 494, is cited in 2 
 Stubbs's Const. Hist., ch. 16, p. 405, note. 
 
 *" Id., p. 412, note 2. 
 
 4S8.<xhe Sunday next before the feast 
 of the conversion of St. Paul." 
 
 ^' I Stat, of the Realm, p. 364 to 369 ; 
 I ' Statutes Revised,' edi. 1870, p. 201 to 
 204. 
 
 "" i. " That in every county of Eng- 
 land shall be assigned for the keeping 
 of the peace one Lord, and with him 
 three or four of the most worthy in the 
 county " ; ii and iii. Of purveyance ; 
 iv. That panels of inquests shall be of 
 the neighborhood ; v and vi. Of weights 
 and measures; vii. Of attaints; viii. Of 
 
 "proceedings against jurors taking re- 
 ward to give their verdict " ; ix, x and 
 xi. Of Labourers ; xii. " Seizure of 
 lands on surmise of treason " ; xiii. 
 How an escheator shall take his in- 
 quests ; xiv. As to traverse of the office 
 and trial thereof; xv. Of alienations by 
 tenants of Hen. Ill; xvi. Of "non- 
 claim of fines " ; xvii. Of " trade in Ire- 
 land"; xviii. Of English land-owners 
 in Ireland " ; xix. Custom for canvas to 
 pack wool in; xx. Of " exportation of 
 corn " ; xxi. Confirming a grant to trans- 
 port wool ; xxii. That " stray hawks, &c., 
 shall be carried to the sheriff." 
 
 In 35 Edw. Ill is " an ordinance of 
 herring." I Stat, of the Realm, pp. 369, 
 370. 
 
 "I2 Cotton's Abr., p. 92 to 94; 
 2 Stubbs's Const. Hist., ch. 16, p. 412, 
 note, and p. 414. 
 
 "2 No. 20. "That such as are im- 
 prisoned without due process of law may 
 be delivered." 
 
 Answ. "The grieved upon com- 
 
CH. XIX.] 
 
 1327 TO 1377. 
 
 605. 
 
 In this parliament ' statute the first,*" besides matters in chapters 
 mentioned below,*" contains the following broad provision : 
 
 IX. "If any man that feeleth himself grieved contrary to apy of 
 the articles above written, or others contained in dvjers statutes, will 
 come into the chancery, or any for him, and thereof make his com- 
 plaint, he shall presently there have remedy, by force of the said 
 articles and s'aXxiXs.,' without elsewhere pursuing to have remedy." 
 
 In expounding c. 29 of Magna Charta, 9 Hen. Ill (mentioned/in 
 ch. 15 § II, p. 294), Lord Coke deals with the question 'if a man be 
 taken or committed to prisoti contra legem terra (against the law of 
 the land), what remedy hath the party grieved ? ' and in answer, cites 
 " 36 E. Ill, c. 9, saying, " it is provided and declared by the statute of 
 36 E. Ill, that if any man feeleth himself grieved, contrary to "any 
 article in any statute, he shall have present remedy in chancery (that 
 is by original writ) by force ol the said articles and statutes.**' 
 
 plaint shall be heard." 
 
 21. " That manprize may be duly 
 made to all persons, and fines to be 
 duly rated according to the trespass." 
 
 Answ. " The statute therefore made 
 shall be observed." 
 
 36. " The chancellor declared how 
 that the king intended to advance to 
 honour such of his sons as were of full 
 age : Namely, that his son Lionel, then 
 being in Ireland, should have the name 
 of the Duke of Clarence, to him and to 
 his heirs, males of his body, lawfully 
 begotten; and that his son John should, 
 in like manner, be Duke of Lancaster ; 
 and that his son Edmund should be Earl 
 of Cambridge in fee." 
 
 37. "After which the king, in full 
 parliament, did girt his son John with a 
 sword, and set on his head a cap of fur, 
 and upon the same a circlet of gold and 
 pearls, and named him Duke of Lan- 
 caster, and thereof gave to him a char- 
 ter." 
 
 38. " In like manner the king girded 
 his son Edmund with <i. sword, and 
 named -him Earl of Cambridge, and 
 thereof gave to him a charter." 
 
 Lionel, Duke of Clarence (who of 
 the king's sons that survived childhood 
 was second), was married first to Eliza- 
 beth, daughter and heiress of William de 
 
 Burgh, earl of Ulster, by whom he had 
 only one child, a daughter, married to 
 Edmund Mortimer, earl of March; 
 secondly, to Violante, daughter of Gali- 
 azzo Visconti, of Milan, by whom he 
 left no posterity. 2 Hume's Engl., ch. 
 16, p. 266, of N. Y. edi. 1850 : 
 2 Stubbs's Const. Hist., ch. 16, p. 416. 
 The king's third surviving son John,, 
 born in the city of Gaunt, in Flanders, 
 and known as John of Gaunt, had, in 
 1359, marrie(f his kinswoman Blanche, 
 of Lancaster, who inherited four of the 
 five earldoms of earl Thomas ; to those 
 John added the earldom of Richmond. 
 Id. (2 Stubbs), p. 417. 
 
 **^ I Stat, of the Realm, p. 371 to 376; 
 I 'Statutes Revised,' p. 204 to 206, of 
 edi. 1870. 
 
 ***i. " Confirmation of the Great Char- 
 ter," &c. ; ii to vi. The blow " struck at 
 the custom of purveyance," whereof 
 Mr. Stubbs speaks in 2 Const. Hist., 
 ch. 16, pp. 414, 415 ; vii. Of jurisdiction 
 under the Statute of the Staple; viii. Of 
 Priests. ^2 Inst., 55. 
 
€06 Reign of Edward III [tit. v 
 
 A provision (in ch. x) for a parliament every year, is followed by 
 chapter xi, which mentions the late subsidy, and concludes thus: 
 
 " And that no subsidy, nor other charge, be set up nor granted 
 upon the wools by the merchants nor by none other from henceforth, 
 without the assent of the parliament." This limitation of the royal 
 power is mentioned by Mr. Stubbs as marking "the growing ten- 
 dency to deprive the crown, by very definite legislation, of its power 
 of defying national sentiment and raising money by indirect evasions 
 of the letter of the constitutional law."**^ 
 
 Other chapters**' are followed by the fifteenth, which, after the 
 subjoined recital,*** ordained and established as follows : 
 
 " That all pleas which shall be pleaded in any courts whatsoever,' 
 before any of his justices whatsoever, or in his other places, or 
 before any of his other ministers whatsoever, or in the courts and 
 places of any other lords whatsoever, within the realm, shall be 
 pleaded, shewed, defended, answered, debated and judged in the 
 English tongue, and that they be entered and enrolled in Latin; and 
 that the laws and customs of the same realm, terms and processes, 
 be holden and kept as they be and have been before this time; and 
 that by the ancient terms and forms of the declarations no man be 
 prejudiced, so that the matter of the action be fully shewed in the 
 declaration and in the writ.**' 
 
 ^'^2 Stubbs's Const. Hist., ch. i5, and other pleaders ; and that reasonably 
 
 p. 414. the said laws and customs the rather shall 
 
 *4'xii. Time for holding sessions of be perceived and known and better 
 
 the peace; xiii. As to escheators and understood in the tongue used in the 
 
 lands seized by inquest; xiv. As to said realm, and by so much every man 
 
 fines of labourers, &c. . in the said realm may the better govern 
 
 ^^ " Because it is often showed to the himself without offending of the law, 
 
 king by the prelates, dukes, barons, and and the better keep, save and defend his 
 
 all the commonalty, of the great mis- heritage and possessions, and in divers 
 
 chiefs which have happened to divers of regions and countries, where the king, 
 
 . the realm, because the laws, customs and the nobles, and other of the said realm 
 
 statutes of this realm be not commonly have been, good governance and full 
 
 known, holden and kept in the same right is done to every person, because 
 
 realm, for that they be pleaded, showed that their laws and customs be learned 
 
 and judged in the French tongue, which and used in the tongue of the country." 
 is much unknown in the said realm, so "' It was then accorded that this 
 
 that the people which do implead, or be statute begin at the 15th of St. Hilary 
 
 pleaded in the king's court, and in the next coming ; after which is a statute as 
 
 courts of other, have no knowledge or to a general pardon. I Stat, of the 
 
 understanding of that which is said for Realm, p. 376 to 378. 
 them or against them by their Serjeants 
 
CH. XIX.] 1327 TO 1377. 607 
 
 After mentioning that "the use of the English language in the 
 -courts of law was ordered in 1362,**° Mr. Stubbs makes the following 
 statement : 
 
 " By the same act, although this was not petitioned for, it was 
 ordered that records should be kept in Latin ; and the use of French 
 was thds excluded by law, although practice was, in this instance, 
 much more powerful than statute, and French continued to be the 
 legal language for some centuries."**^ 
 
 Supposing it to be a fact that "the record doth nothing warrant," 
 the print in saying "that all such pleas should be enrolled in Latin" ^^'^ 
 this tends to account for continued use of French in entries and 
 enrollments for a considerable time. 
 
 42. The chancellor' s language in J7 Edw. Ill {136s), when opening 
 parliament ; and the legislation then. 
 
 "The speech of the chancellor, in opening parliament in 1363, 
 was delivered in English, forming a precedent which was frequently 
 although not regularly followed."*^ 
 
 The parliament -in 1363 (37 Edw. Ill) was at Westminster, and 
 called for " the Friday in the Octaves of S. Michael." Having been 
 continued by "Sir Henry Green, the King's Chief Justice," until 
 Friday ensuing, declaration (as to the calling it) was on that day 
 made by the "Bishop of Ely, then chancellor."*^' This parliament 
 sat from Octo. 6 to Nov. 3.*^^ 
 
 *^"A concession made for the con- No. 39. "The print touching plead- 
 
 venience of the commons: the period is ing in the Engli.sh tongue, cap. 15, 
 
 that of the rise of the newer English agreeth with the record ; only where the 
 
 literature of the middle ages; both print is, that all such pleas should be 
 
 •bishops (like Thoresby) and reformers enrolled in Latin, the record doth 
 
 (like Wycliffe) were pressing the use of nothing warrant the same." 
 
 the native tongue in sermons and offices *^2 Stubbs's Const. Hist., ch. 16, p. 
 
 of devotion.'' 2 Stubbs's Const. Hist., 414. " The speech in 1365 was in Eng- 
 
 ch. 16, p. 414. As to ' commissions in lish ; in 1377 apparently in French ; in 
 
 English' in the reign of Jac. I, see 1381 Courtenay preached in English 
 
 12 Rep. 31; cited/oj/in ch. 35, g 15. (Rot. Pari, ii, 283; iii, 3, 98)." Id. 
 
 *^'2 Stubbs, 414. p. 414, note 3. 
 
 ^2 In Prynne's edition of Cotton's *^ Cotton's Abr., p. 96. 
 
 Abridgment, published at London in *=° 2 Stubbs's Const. Hist., p. 41 2, note 2. 
 1657, there is on p. 94 the following : 
 
608 Reign of Edward III [tit. v 
 
 "The common law doth not prohibit any person from using 
 several arts or mysteries at his pleasure, nemo prohibetur plures 
 negotiationes sive artes exercere, until it was prohibited by act of 
 parliament of 37 Edw. Ill, cap. 6." — "This restraint of trade and 
 traffic was immediately found prejudicial to the commonwealth, and 
 therefore at the next parliament it was enacted that all people should 
 be as free as they were at any time before the said ordinance." ^ 
 
 " The parliament endeavoured by sumptuary laws prescribing the 
 minutiae of diet and dress, to prevent the further impoverishment of 
 the country, already desolated by the plague and exhausted by the 
 war; attempts were made to bring the statute of labourers into 
 operation by applying the fines which were to be raised under it to 
 the relief of the charges on the commons."*" 
 
 4j. Of the parliament in ^8 Edw. Ill {1^64-j), when the King him- 
 self m.ade the speech which led to tlie enactment against the papal 
 court. Provision for ' surety to pursue ' a perso7i's ' suggestion.' 
 
 "In 1365 was passed a new statute of praemunire, definitely aimed 
 against the jurisdiction of the papal court." '*^ 
 
 In a note to this passage Mr. Stubbs adds : " The editors of the 
 Pari. Hist, (i, 316) state that Edward himself made the speech which 
 led to this enactment ; this is not mentioned in the roll itself, which 
 is the only authority.''"' 
 
 But in the " exact abridgment of tiie records in the Tower of Lon- 
 don," it appears that in the "parliament holden at Westminster in the 
 Octaves of S. Hillary," in 38 Edw. Ill (1364-5) proclamation was 
 made " that all such as were summoned to the parliament might for 
 that day depart, and return the next morning into the chamber de 
 pinct; there to hear the king' s pleasure ; at which time Simon, bishop 
 of Ely, chancellor of England, declared the cause of the parliament." 
 
 " The same day the King declared to the whole estate how daily 
 citatipns and false suggestions were made to the pope, for matters 
 determinable in his court, within the realm, and for procuring pro- 
 vision for ecclesiastical dignities, to the great defacing of the ancient 
 laws, to the spoiling of his crown, to the daily conveying away of 
 
 ^^ Ipswich Tailors'' case, 1 1 Rep. 54 a. *=' I Stat, of the Realm, p. 385 to 387 ; 
 
 ^5' 2 Stubbs's Const. Hist., ch. 16, pp. I ' Statutes Revised,' edi. 1870, p. 208 to 
 
 413,414. The statute {1137 Edw. Ill, 214; Green's Hist, of Engl. Peop., book 
 
 concerning diet and apparel, is in i Stat. 4, ch. 3, pp. 444, 445 of vol. i ; 2 
 
 of the Jlealm, p. 378 to 383; and i Stubbs's Const. Hist., ch. 16, p. 415. 
 ' Statutes Revised,' edi. 1870, p. 207. ^^ li., note i. 
 
CH. XIX.] 1327 TO 1377. 609 
 
 the treasure, to the wasting o'f ecclesiastical livings, to the withdraw- 
 ing of divine service, alms, hospitahty and other acceptable works, 
 and to the daily increase of all mischiefs, wherefore no person, &c. ; 
 and, by his own mouth, the King requireth, according to the old 
 statute heretofore, to provide due remedy." **" 
 
 "On Saturday after, the Bishops, Lords and Commons brought, 
 into the parliament the act following, named in the statute of con- 
 firmation, a7in. 38, as a saving of the liberties of the bodies of pre- 
 lates and Lords of the Realm. 
 
 The act of provisors agreeth with the print in all manner, cap. i, 2, 
 3, 4, only in the record are more biting words ; a mystery not to be 
 known of all men." 
 
 The numbers which follow conclude thus : 
 
 31. "The seventeenth day of February, after that the King, in the 
 presence of the Lords and Commons', had given his assent to all the 
 above said premises, he gave thanks to the whole estate, and so 
 -licensed them to take their ease."*"^ 
 
 44. Of the parliament in 40 Edw. Ill {ij66) ; especially of the writ 
 of ^tate probanda, in the case of William Stevens, adjudged 
 upon sight of him to be loithin age. 
 
 In 1366, "the pariiament, the bishops, lords and commons, unani- 
 mously, repudiated the burden of papal superiority which had been 
 undertaken by John, and refused to pay the tribute of i, 000 marks, 
 which had been long in arrear, and now ceased altogether; even 
 Peter's pence, the ancient Romescot, which dated from the days of 
 Offa and Ethelwulf, was withheld for a time." "'^ 
 
 This parliament began at Westminster in 40 Edw. Ill, "the Mon- 
 
 **> Cotton's Abr., p. 100. suggestion to the King himself of any 
 
 ^^ Id., pp. 100, loi. In 38 Edw. Ill crime committed by another, the same 
 
 are two ordinances ; one called ' Statute person ought to be sent, with the sugges- 
 
 the first,' in I Stat, of the Realm, p. 383 tion, before the chancellor or keeper of 
 
 to 385 ; the other called ' Statute the the Great Seal, the treasurer and the 
 
 second,' in Id., pp. 385, 386. great council, there to find surety to pur- 
 
 In 17 Car. I (1641) in a petition of sue his suggestion; which if he cannot 
 
 the Lords and Commons to the King is prove, he is to be imprisoned till he 
 
 the following statement : " By the ex- hath satisfied the party accused of his 
 
 press laws and statutes of this your damages and slander, and made fine and 
 
 realm, that is to say, by two acts of par- ransom to the King." 4 State Tr., pp^ 
 
 liament, the one made in the 37th and 108, 109. 
 
 the other in the 38th year of the reign of *^^ 2 Stubbs's Const. Hist., ch. i6. 
 
 your most noble progenitor King Edw. p. 415 ; Green's Hist, of Engl. Peop., 
 
 Ill, ' If any person whatsoever make book 4, ch. 3, pp. 444, 445, of vol. i. 
 
 39 
 
610 Reign of Edward III [tit. v 
 
 day next after the invention of the cross ";*^'' the cause of this par- 
 liament was declared by "the bishop of Ely, then chancellor, in the 
 chamber de pinct, in the presence of the Lords and Commons."*'** 
 
 "The parliament continued until Monday, the iith of May." 
 The chancellor -then mentioned the marriage of the King's daughter, 
 Isabella, to Lord Cowcy.*'* He was Ingelram de Cowcy, and 
 became earl of Bedford. Subsequently was the marriage of Isa- 
 bella's sister Mary, to. John of Mountford, duke of Brittainy, and of 
 her sister Margaret to John Hastings, earl of Pembroke.*'* 
 
 In the same parliament, "Sir Thomas Ludlow" (or Lodelowe), 
 " Chief Baron of the Exchequer, shewed to the whole estate how 
 William, the son and heir of William Stevens, who held diversely of 
 the King in chief, as of the crown, had by writ of estate probanda, 
 sued out livery out of the King's hands, whereas the said William, 
 the son, for long time should be within age, as by a long schedule 
 may appear. Whereupon the whole estate, upon sight of the said 
 William, the son, adjudged him to be within age; and therefore took 
 order that all his hereditaments so sued out of the King's hands 
 should be eftsoous reseized into the King's hands until his full age; 
 and that all obligations, charters, statutes, recognizances and all 
 other writings made by the said William, the son, should be void."™ 
 
 45". Appointmaits, from 1357 to 1377, of fudges ofj^ the Com- 
 
 ■jnon Pleas. 
 
 1359, July II, fohn de Moubray^'''^ 
 
 1359) October 25 (33 Edw. Ill), William de Skipwith.*^^ 
 
 463 xhe third of May is the day of the of Moubray, duke of Norfolk. He is 
 
 Festival of " Inventio S. Crucis" — the described as of Kerklington, in York- 
 
 finding in or about J26 by St. Helena shire; and, from 17 Edw. Ill, had very 
 
 of the supposed cross. extensive practice as an advocate, at- 
 
 *64 Cotton's Abr., pp. 102, 103. taining the rank of king's Serjeant in 
 
 *S5 Cotton's Abr., p. 103, No. 13. 28 Edw. III. Soon after being raised 
 
 ■'^^2 Hume's Engl.,ch. 16, p. 266. to this bench, he was made a knight of 
 
 ^67 Cotton's Abr., p. 103, Nos. 14 and the Bath. The fines acknowledged be- 
 
 15. "This done, the king gave thanks fore him extend to 1373. Foss's Biogr. 
 
 to the whole estates, and licensed every Jurid. 
 
 one to .depart ; and so the parliament **' Lineal descendent of Robert de 
 
 ended." Id., No. 16. After No. 15, Stuteville, whose younger son assumed 
 
 and before No. 16, are these words: the name in the reign of Henry 
 
 ■" Note, the judgment is strange." Ill, from the lordship so called in 
 
 4158 Descended from Robert de Mou- Yorkshire, which he received as his 
 
 bray, a younger brother of the ancestor position from his father. This Wil- 
 
■CH. XIX.] 1327 TO 1377. 
 
 1361, September 30 (35 Edw. lll),/okn Knyvet!''"^ 
 
 1364, February 3 (38 Edw. Ill), John de Delves!''''^ 
 
 1365, October 29 (39 Edw. Ill), William de Fyncheden."'^ 
 
 611 
 
 liam was second son of another "Wil- 
 liam, by Margaret, daughter of Ralph 
 Fitz-Simon, lord of Ormsby, in Lin- 
 colnshire. William's father dying in 
 10 Edw. Ill, and his brother a few 
 months afterwards, William then suc- 
 ceeded to the estates. It is said that he 
 belonged to the society of Gray's Inn, 
 and was the first reader there. His 
 eminence as an advocate may be infer- 
 red from the frequent recurrence of his 
 arguments in the Year Books from 
 17 Edw. III. In 28 Edw. Ill, he was 
 appointed one of the king's Serjeants. 
 Soon after being raised to the Common 
 Pleas he was created a knight. From 
 this bench he was advanced in less than 
 three years to be chief baron of the Ex- 
 chequer. Id. 
 
 *™ A descendant of the ancient family 
 of Knyvets, settled in England before 
 the conquest. He was eldest son of 
 Richard Knyvet, of Southwick, in 
 Northamptonshire, custos of the forest of 
 Clyve, by Johanna, daughter and heir of 
 John Wurth, a Lincolnshire knight. In 
 21 Edw. Ill, he was practising as an 
 advocate; in 31 Edw. Ill, he was called 
 to the degree of the coif. In 1365, 
 on October .3 (having been previously 
 knighted), he was promoted to the office 
 of chief justice of the King's Bench. 
 Foss's Biogr. Jurid. 
 
 *iSon of Richard de Delves, of 
 Delves Hall, near Uttoxeter, in Stafford 
 shire, who was constable of Heleigh 
 Hall in that county. At the battle of 
 Poictiers, in 1356, the Lord Audley, 
 with his four Esquires, of whom jfohn 
 de Delves was one, performed such acts 
 of valour, that Prince Edward granted 
 to him on the field • five hundred marks 
 
 of yearly revenues,' which the generous 
 lord immediately resigned to his four 
 Squires, saying that they had ' always 
 served me truly, and specially this day ; 
 that honour that I have is by their 
 valiantness.' And each of them was 
 allowed to add a part of his lord's 
 arms to his own. Soon afterwards John 
 de Delves was knighted and retained in 
 the service of the Black Prince. In 
 36 Edw. Ill, he is called his ' valettus' 
 in an order to the sheriffs of London to 
 supply him with as many bows and 
 arrows as the prince should require ; and 
 he was contented with the wardship of 
 the Duchess of Brittany. However 
 natural it was that the r^yal good will 
 should be extended to him, it seems 
 strange that a place in the judicial bench 
 should be selected as a reward for his 
 military services, since there is no evi- 
 dence that he had been ever previously 
 connected with the law. Yet so it was. 
 Two months after he became a judge of 
 the Common Pleas, he accompanied the 
 Black Prince to Gascony. Fines, how- 
 ever, appear to have been levied before 
 him till the middle of the next year. 
 As his name is not afterwards among the 
 judges who received salaries, he proba- 
 bly then retired from the bench. He 
 was so lucky as to announce to the king 
 the birth of his grandson Edward, son of 
 the Prince of Wales, and received there- 
 for a grant of ;^40 a year. He lived 
 till 1369, and was buried at Audley, in 
 Staffordshire. Id. 
 
 *™ From 24 Edw. Ill an advocate (in 
 the Year Books); in 36 Edw. Ill a 
 king's Serjeant; two years after a justice 
 of assize. Foss's Biogr. Jurid. 
 
612 Reign of Edward III [tit. v 
 
 1365, October 29 (39 Edw. Ill), William de Wichingham"^ 
 
 1371, April 14, William de Fyncheden, advanced to the head of 
 this bench."* 
 
 1 37 1, November 27, John de Cavendish"^ 
 
 1371, November 27 (45 Edw. Ill), Roger de Meres"^ (or Roger de 
 
 Kirketon), who remained on this bench during the remainder of this 
 
 • 477 
 reign. 
 
 1374, October 10 (48 Edw. Ill), Robert de Bealknap"^ succeeded 
 
 "^ Probably son of William de Wich- 
 ingham, M. P. for Norfolk in the reign 
 of Edward II. He is mentioned as an 
 advocate in 21 Edw. Ill at the assizes; 
 but not till seven years after in the court 
 at Westminster, he having, in the mean- 
 time, been employed as a justice to fix 
 the wages of labourers in his native 
 county. He appears as a justice of 
 assize from 34 Edw. Ill ; two years af- 
 terwards he was created a Icing's Ser- 
 jeant. He was in the Common Pleas 
 from Octo. 29, 1365, till the end of the 
 reign. Id. 
 
 ■"* It does not appear whether it was 
 his death or his retirement that caused 
 the appointment of his successor Octo. lo, 
 1374. Id. 
 
 *'= Son of Roger, who was grandson of 
 Ralph de Gernum, a justice itinerant in 
 the reign of Henry III. The name of 
 Cavendish was first assumed by either his 
 father or himself; each being said to have 
 acquired it by marriage with the heiress of 
 the lord of the manor so called in Suffolk 
 county. John de Cavendish appears in 
 the Year Books as an advocate as early 
 as 21 Edw. Ill, and as late as 45 Edw. 
 III. and was made a Serjeant in 40 Edw. 
 III. From 40 to 44 Edw. Ill he was 
 in commission as a judge of assize, his 
 salary for which was ;^20 a year. Fines 
 were levied before him as a judge of the 
 Common Pleas at the commencement of 
 46 Edw. III. Id. 
 
 *™Of a. Lincolnshire family, estab- 
 lished at Kirketon in the district of Hol- 
 land; Roger de Meres was appointed 
 one of the king's Serjeants in 40 Edw. 
 III. He had property in Kirketon, and 
 may have been the same with Roger de 
 Kirketon; it being then quite common 
 for a man to call himself after his estate. 
 In the Year Books the name of Meres 
 does not occur, while Roger de Kirke- 
 ton's arguments as an advocate extend 
 from 28 to 45 Edw. III. Though Roger 
 de Kirketon is not mentioned as a Ser- 
 jeant, or in any other way, in the Issue 
 Roll of 44 Edw. Ill, yet payments are 
 made to Roger de Meres both as a Ser- 
 jeant and a judge of assize. Foss's 
 Biogr. Jurid. 
 
 "' There is no record of any fines 
 being levied before Roger de Meres. 
 Dugdale introduces Kirketon (without 
 giving the date of his appointment) from 
 a fine acknowledged before him in Feb., 
 1372. Roger de Meres appears as o. 
 trier of petitions in the parliament of 
 that year, and his name then stops; in 
 the succeeding parliaments of the reign 
 Roger de Kirketon is named instead of 
 him. Id. 
 
 "8 Had considerable possessions in 
 Kent county before he could have 
 acquired them from the profits of his pro- 
 fession. The names of his parents were 
 John and Alice. Probably his father 
 was a lawyer, as an advocate of that 
 
CH. XIX.] 
 
 1327 TO 1377. 
 
 613 
 
 William de Fyncheden as Chief Justice.*" 
 1374, November 28, Roger de FulthorpeT 
 
 4.6. Of William de Skipwith and others, chief barons of tJie Exche- 
 quer from 1362 till 1377. 
 
 William de Skipwith was, in 1362, advanced from the Common 
 Pleas to be chief baron of the Exchequer, and remained in this ofifice 
 till October 29, 1365,*'' when he was succeeded by Thomas de 
 Lodelowe.^'^ 
 
 name appears in the Year Book of 20 
 Edw. III. Robert's career in the courts 
 commences in 36 Edw. Ill ; in 40 Edw. 
 Ill, he became a Icing's Serjeant; he had 
 one salary of £20 a. year therefor, and 
 another of the same amount as a justice 
 of assize; a duty which he frequently 
 performed till his elevation to the bench 
 at Westminster; three months before 
 which he was sent to treat with the 
 pope's nuncios as to the famous John 
 WyclifFe. Foss's Biogr. Jurid. 
 
 *** Second son of Alan de Fulthorpe, 
 of Fulthorpe, in Durham county, where 
 the family had been settled for several 
 generations. He began as an advocate 
 about 34 Edw. Ill (1366), and was, in 
 39 Edw. Ill, made a king's Serjeant. In 
 47 Edw. Ill, he was one of three com- 
 missioners to hear and determine the 
 •dispute between Henry Lord Percy and 
 William Douglas respecting the custody 
 of the marches of the kingdom of Eng- 
 land, near Scotland. Foss's Biogr. Jurid. 
 
 ^'^Then he, and Sir Henry Green, the 
 chief justice of the King's Bench (who 
 was deprived of his place on the same 
 day), were imprisoned for alleged enor- 
 mities, which the king understood they 
 had committed, and it is said that they 
 did not get their discharge until they 
 had paid large sums of money, which 
 the king thought they had unjustly 
 acquired. The fact that on Feb. 15, 
 ■1370 (44 Edw. Ill) a Sir William de 
 
 Skipwith was constituted chief justice of 
 the King's Bench in Ireland, and that on 
 the 2ist the sum of £2(1 \y. 4^., or 40 
 marks was paid to him for his expenses 
 and equipment in going there — showing, 
 therefore, that he went from England — 
 it is with great reason said, " is easily 
 reconciled to the supposition, that King 
 Edward having satisfied himself that the 
 charges against him were unfounded, 
 restored the victim of his haste, as he 
 did on several other occasions, to his 
 judicial functions on the first opportu- 
 nity;" and the Sir William, so appointed 
 chief justice, is therefore regarded as the 
 same person who was removed from the 
 office of chief baron in 1365, and the 
 same person who was, in 1376, restored 
 to the position of justice of the Common 
 Pleas in England. Foss's Biogr. Jurid. 
 ^s" Of one of the three families of the 
 name of Lodelowe (Ludlow), which 
 flourished in the reign of Edw. II : two 
 thereof sent members to parliament 
 respectively for Shropshire and Surrey; 
 the third held the manor of Campedene 
 in Gloucestershire. Thomas appears to 
 have been established in Kent, as he 
 was, in 33 Edw. Ill, one of the commis- 
 sioners for keeping the peace in that 
 county, and, in 46 Edw. Ill, among the 
 custodes of the seashore there. While 
 an alderman of London, in 1353, ^^ ^^^ 
 elected recorder of that city; he held 
 that office till Octo. 29, 1365. Foss's 
 Biogr. Jurid. 
 
614 Reign of Edward III [tit. v 
 
 It may be seen in the preceding section that Sir Thomas Lud- 
 low (or Lodelowe) was acting as chief baron in the parUament of 40 
 Edw. Ill (1366). According to Mr. Foss, he acted as a trier of 
 petitions in all the parliaments from Octo. 29, 1365, till 47 Edw. Ill, 
 when probably his death occurred.**^ 
 
 William Tank'^ was constituted chief baron February 3, 1379** 
 (48 Edw. Ill), and was succeeded by Henry de Asty^ November 
 12, 1375-*" 
 
 ^y. Appointments, from ij^y to 1377, of judges of the Exchequer 
 other than the Chief Baron. 
 
 1362 (36 Edw. Ill), Robert de Pleste.'^ 
 
 1365, October 29 (39 Edw. Ill), Almaric de Shirland, made second 
 baron.*'' 
 
 1365, November 3, (39 Edw. Y^,fohn de Stokes^" 
 
 1373, October 26 (47 Edw. Ill), William Gunthorpf^ 
 1373, October 26, fohn de Blockley.^ 
 
 *83 During this period he is several Lincolnshire and three neighboring coun- 
 
 times mentioned in the year books as a ties to borrow money for the king's use. 
 
 justice of assize. Biogr. Jurid. In 45 Edw. Ill there was a conveyance- 
 
 *^ An advocate in the Year Books to him of the manor of Mutford in Suf- 
 
 from 20 Edw. III. It is probable that folk. Id. 
 
 he was settled in Sussex county. Toss's *'" Perhaps son of Ralph de Stokes- 
 
 Biogr. Jurid. who in the reign of Edw. II was a clerk 
 
 ^85 During the short period that he pre- of the great wardrobe. In 44 Edw. Ill 
 
 sided in the court, he acted as a judge sent into Yorkshire and Northumberland 
 
 of assize. There are two instances of to obtain loans for the king ; and to sur- 
 
 grants to him of the custody of lands in vey the alien priories. Id. 
 Sussex county, pending the heir's minor- *'i Described as 'clericus.' He proba- 
 
 ity. Id. bly had an office in the treasury or ex- 
 
 *^^ Connected with Lincoln county ; chequer before he received the appoint- 
 therein he held the manor of Burwell ment of treasurer of Calais on March 
 and the advowson of the priory there, 20, 1368, (42 Edw. III). This place 
 paying to the king an annual rent of 100 he held till Oct. 26, 1373. Foss's Biogr. 
 marks. Id. Jurid. 
 
 *8'He continued in the office during ^'^ Probably born in the parish of 
 
 the remainder of this reign and some Blockley in Worcestershire. With some 
 
 years of the next. Id. of his lands there he endowed the chan- 
 
 ^88 Foss's Biogr. Jurid. try of the church of St. Mary in 30 Edw. 
 
 *8^ In 44 Edw. Ill he was sent into III, and subsequent years. In 44 Edw.. 
 
CH. XIX.] 
 
 1327 TO 1377. 
 
 615 
 
 1375, September 27, Laurence de Allerihorpe^ 
 
 1375, October 5, Henry de Percekay*^* (or Percy), made a baron. 
 
 1376, November 14 (50 Edw. Ill), Nicholas de Drayton.^^^ 
 
 48. Of Willia7n de Shareshull, Thomas de Setone, Henry Green 
 John Knyvet and Johi de Cavendish, Chief Justices of the King's 
 Bench froin 1330 till the end of the reign ; and of Thomas de 
 Ingleby, zoho for many years was the only judge of this court 
 besides the Chief Justice. 
 
 In 1357, on July 5, William dc Shareshull retired from the head of 
 the King's Bench,'""' and was succeeded by Thomas de Setone.*^'' 
 
 Ill he was an auditor of the Exchequer 
 with a salary of ;^I0 a year; and he re- 
 ceived an annual pension of 20 marks 
 for services to the king and his late 
 queen ; besides which he had a grant of 
 the custody of the manor of Exhulne in 
 Warwickshire during the heir's minority. 
 Like many other officers he was in holy 
 orders. He was a baron from 47 Edw. 
 Ill till the last year of the king's reign. 
 Id. 
 
 «3 Derived his surname from the vil- 
 lage in Yorkshire so called. His early 
 life was Spent as a clerk in the Ex- 
 chequer. In l37oie was an auditor of 
 that department, receiving ;ifio a year 
 for his salary, together with 60 shillings 
 for his expenses in going into the north- 
 ern counties to aflfeer amercements. An 
 ecclesiastic, like other of his brethren, 
 he obtained a canonry in St. Paul's. He 
 was on the Exchequer bench during the 
 remainder of the reign. Id. 
 
 *^* Probably son of William and Isa- 
 bella Percehay, the possessors of Lewe- 
 sham and other manors in Yorkshire and 
 Lincolnshire. From 39 Edw. Ill he 
 was one of the king's Serjeants; he 
 was occasionally employed as a justice 
 of assize. He was on the Exchequer 
 bench during the rest of the reign. Id. 
 
 *'*An ecclesiastic; probably son or 
 nephew of Thomas de Brayton, some'- 
 
 times called de Drayton, (mentioned in 
 I 23, pp. 570, 571). On December 1, 1363, 
 he was appointed custos of the scholars, 
 supported by the royal bounty at the 
 Aula Regis in Cambridge (N. Fcedera 
 iii, 717). A few years afterwards he 
 was a disciple of John Wickliffe, and 
 had the greater excommunication fulmi- 
 nated against him by Sudbury, bishop of 
 London, for promulgating what Sudbury 
 considered against articles of Catholic 
 faith. Foss's Biogr. Jurid. 
 
 *96 While holding the office of chief 
 justice, he declared the causes of the 
 meeting of five parliaments from 25 to 
 29 Edw. Ill (Rot. Pari, ii, 226-264). 
 But he is seldom mentioned in the Year 
 Books. Having pronounced a judgment 
 against the bishop of Ely for harbouring 
 one of his people who had slain a man 
 ot Lady Wake's, he was in the last 
 year of his judicial career, excommuni- 
 cated by the pope for not appearing 
 when summoned. (Barnes's Edw. Ill, 
 551). But he still retained the royal 
 favour. In Clarke's 'Ipswich,' p. 14, it 
 is related that at that town, some sailors 
 thinking he stayed too long at dinner, 
 one of them mounted on the bench and 
 fined the judge for not appearing. He 
 took such offence at this joke that he in- 
 duced the king not only to take away 
 the assizes from the town, but also to 
 
616 
 
 Reign of Edward III 
 
 [tit. V 
 
 From the day of appointing the successor of Thomas de Setone in 
 the office of chief justice of the King's Bench, whether it was May 24, 
 1360,*"^ or May 24, 1361,*^" Henry Green, as such successor, held this 
 office until October 29, 1365, when he was removed therefrom. If 
 there was not only against William Skipwith, but also against Henry 
 Green, such a charge as is mentioned in § 46, p. 613 n, it is curious 
 that in the warrant directing the latter to give over the rolls, &c., to 
 his successor, the king should call him ^dilectus ei fidelis'; and that 
 in a case in Richard Bellewe's reports, he should be referred to as the 
 'wise justice.' ^^ 
 
 In 1365, on Octo. 29, John Knyvei (having been previously 
 knighted) was promoted^" to the office of chief justice of the King's 
 Bench.^"' 
 
 In 1372, alter Sivc^"^ John Knyvet was elevated to the chancellorship, 
 John de Cavendish was raised (July 15) to the chief justiceship of 
 the King's Bench. The language of this Chief Justice — when the 
 
 seize into his own hands the liberties of 
 the corporation, which he held for about 
 a year. He appears in confidential posi- 
 tions as late as 34 Edw. Ill (N. Fcedera 
 III, 457, 469.) He lived beyond 37 
 Edw. III. In this year he granted his 
 manor of Alurynton in Gloucestershire 
 to the abbot and convent of Oseney, in 
 addition to lands at Sandford in Oxford- 
 shire, which he had given six years be- 
 fore. He was a benefactor also to the 
 convents of Bruera and Dudley. Foss's 
 Biogr. Jurid. 
 
 **' Mr. Foss says : " It would seem 
 from the words ' ad tempus' in the man- 
 date, that it was at that time a mere 
 temporary appointment; and from the 
 fact that his name appears on fines up to 
 midsummer, 33 Edw. Ill, we may infer 
 that he acted up to that date as a judge 
 of the Common Pleas also, especially as 
 in the same year he is designated by the 
 latter title, when he was admitted of the 
 king's secret council. Thus it was not 
 till afterwards that he was permanently 
 
 fixed in the presidency of the King's 
 Bench ; but there is no doubt that he 
 then held it till the 38th year, when on 
 May 24, 1360, Henry Green was ap- 
 pointed his successor." Biogr. Jurid. 
 
 *'*As stated in the article concerning 
 Thomas de Setone, pp. 607, 608, of Foss's 
 Biogr. Jurid. 
 
 ^^ As stated in the article concerning 
 Henry Green, p. 310, of same volume. 
 
 ^'"'That he was not much damnified 
 by any fine imposed upon him is apparent 
 from his possessing at the time of his 
 death, in 1369, besides a mansion in Sil- 
 ver street, Cripplegate, London, numerous 
 manors and other lands in the counties 
 of Northampton, Leicester, York, Hert- 
 ford, Bedford, Buckingham and Notting- 
 ham. His son, Thomas, enjoyed the 
 same property till his death, in 1391-2. 
 Id. 
 
 5"! From the Common PJeas. Id. 
 
 5»2 Id. 
 
 ™'A trier of petitions in every par- 
 liament from 1372. Id. 
 
■CH. XIX.] 1327 TO 1377. 617 
 
 'question was as to a lady's age, and her counsel pressed the court to 
 have her before them and judge by inspection — -has been cited as 
 showing him to have been a bit of an humourist: 
 
 '// n ad nul home en Engleterre que puy adjudge a droit deins age 
 mi de plein age ; car ascun femes que sont de age de xxx ans voilent 
 ■apperer d' age de 'xviii ans! *°* 
 
 He continued to fulfil his high duties with great credit till the end 
 of the reign. 
 
 Thomas de Ingleby^' was appointed a judge of the King's Bench 
 September 30, 1361 ("35 Edw. Ill) and retained his seat therein for 
 the sixteen remaining years of the reign, being, during most of them, 
 the only judge there in addition to the chief justice. To him was 
 granted ^40 a year beyond his stated judicial salary of 40 marks ; 
 and besides this, he had a fee of ^{^20 annually for holding assizes in 
 different counties."™ 
 
 4g. Proceedings of parliament in ^2 Edw. Ill {1368) ; especially 
 those against Sir fohn de Lee. 
 
 The cause of the parliament holden at Westminster in 42 Edw. Ill, 
 "Monday, the first day of May" (1368;,*°' was by the archbishop of 
 Canterbury ,°°* declared, "in the presence of the King, Lords and 
 Commons." In Cotton's Abr., p. 105 to 107, besides other matters, . 
 the following are under the caption, " Petitions of the Commons with 
 their answers " : 
 
 No. 12. "The print that none be put to, answer without due pro- 
 cess of law, cap. 3, agreeth with the record." 
 
 20. "The 2ist of May the King gave thanks to the Lords and 
 Commons for their coming, and aid granted; on which day all the 
 Lords and sundry of the Commons dined with the King; after 
 
 ^ Year Book, 50 Edw. Ill, fo. 6, ^ot Cotton's Abr., 105 ; I Stat, of the 
 
 pi. 12; cited in Foss's Biogr. Jurid., Realm, 168; 2 Stubbs's Const. Hist., 
 
 p. 160. p. 412, note 2. 
 
 ™5In 21 Edw. Ill (1347), settled at ws Although Simon de Langham re- 
 
 Ripley, in Yorkshire; in 25 Edw. Ill, a signed the Great Seal in 1366 or 1367, 
 
 judge of assize. Foss's Biogr. Jurid. yet he was still archbishop of Canter- 
 
 506 
 
 lA. bury in May, 1368. 
 
618 
 
 Reign of Edward III 
 
 [tit. v 
 
 which dinner Sir John de Lee was brought before the King, Lords, 
 and Commons."™' 
 
 The statute made at Westminster on the first day of May, in 
 42 Edvv. Ill (1368),°'° embraces the chapters mentioned below.™ 
 
 609 « xhe king had granted the ward- 
 ship of Robert Latimer, the son and heir 
 of Sir Robert Latimer, with certain 
 manors, during the same minority, to the 
 bishop of Sarum, whose estate the same 
 William had, and after the king granted 
 the same to Sir John Lee. The same 
 William surmised that the said Sir John, 
 being of power, sent for him to London, 
 when he, by duress of imprisonment, 
 enforced the said William to surrender 
 his estate to him. And, by recognizance 
 therefore, the same Sir John excuseth 
 himself, for that the grant was made 
 unto him, the which was not allowed, 
 for that the said William was not put 
 out by due process of law." 
 
 " Another matter was objected against 
 the said Sir John, for that .during such 
 time as he was steward of the king's 
 house he should cause sundry men to be 
 attached and to come before him, as 
 before the king's council in places where 
 he pleased, where, being out of council, 
 , he caused men to answer as to things 
 before the council ; that he, as steward, 
 having thereby authority only within the 
 virge, did, notwithstanding, cause sundry 
 to be attached out of the virge, as John 
 Goddard, and others, making, them to 
 answer in the marshalsay of things done 
 out of the virge, and other — some com- 
 mitted to the Tower of his own authority, 
 as John Sibell, Edraond Urdsales, and 
 others ; that he had of his own authority, 
 against the justices' commandment, dis- 
 charged out of Newgate Hugh Laven- 
 ham, purveyor, who had appealed sundry 
 men of felony; that he bargained with 
 Sir Nicholas Lovayn for the keeping of 
 the manor of Rainham, in Kent, the 
 which the same Sir Nicholas claimed to 
 
 hold during the minority of the son and 
 heir of John Saunton, where the said 
 John, of Lee, knew that the said manor 
 was holden of the king- in-chief, as of 
 the castle at Dover. 
 
 " Of all which points, for that the 
 _ same Sir John could not purge himself, 
 he was commanded to the Tower of Lon- 
 don, there to remain as prisoner until he 
 had made fines at the king's will. And 
 commandment given to Sir Allen, of 
 Buxhal, constable of the Tower, to keep 
 him accordingly. And so the Lords and 
 Commons departed." 
 
 " After that, the said Sir John being 
 brought to Westminster before the 
 king's council, and- being there demanded 
 of the same William Latimer, made 
 answer, that as freely as the king had 
 granted to him the wardship aforesaid, so 
 freely did he surrender the same into the 
 king's hands. Whereupon, by the same 
 council, it was ordered that the wardship 
 aforesaid should be reseized into the 
 king's hands and delivered unto the said 
 William Latimer, according to the grant 
 made to the said bishop, and that all 
 recognizances and conveyances made by 
 the said William to the said Sir John 
 should be void, saving the king's right." 
 Cotton's Abr., pp. io6, 107. 
 
 ™ I Stat, of the Realm, p. 388 to 390; 
 I 'Statutes Revised,' edi. 1870, p. 21410 
 216. 
 
 °"i. Of the charters; ii. Of the par- 
 don granted in 36 Edw. Ill ; iii. " That 
 no man be put to answer without pre- 
 sentment before justices or matter of re- 
 cord, or by due process and writ original 
 according to the old law of the land " ; 
 iv. As to commissioners of enquiry; v. 
 Of escheators; vi. Of the statute of la- 
 
CH. XIX.] 1327 TO 1377. 619 
 
 Amongst the records of Mich. T., 42 Edw. Ill, was an appeal of 
 robbery by Helena., Jilia Hugonis Allot and quiaeadem Helena preg- 
 nansfuit et m periculo mortis, she was let out upon mainprise !'^'^ 
 
 JO. Of William of Wykekam, who, in 136^, succeeded William de 
 Edington as bishop of Winchester, and succeeded Simon de 
 Langham as Chajicellor of England. His lucid speeches in 
 parliament contrasted with addresses of his predecessors. 
 
 Fuller states that William was son of John Perot and Sibel, his 
 wife; that he has erected over their graves a chapel at Titchfield, in 
 Hampshire county; and that he (William) was called Long, from 
 the height of his stature.^" Others mention his father and mother 
 as John and Sybil Longe, and that they were of good reputation and 
 character.*" -Wykeham or Wickhavi'^^ was the place of the birth 
 (in 1324, between July and September)*'* of William, whose parents 
 were not sufficiently prosperous in their circumstances to advance his 
 education, and who (according to tradition) was sent to school at 
 Winchester by Nicholas de Uvedale, lord of the manor of Wyke- 
 ham, and governor of Winchester castle.*" 
 
 William of Wykeham acted as the governor's secretary, and by 
 his recommendation was soon noticed by William de Edington, 
 bishop of Winchester,*" by and through whom Wykeham's archi- 
 
 bourers; vii. Of -Londoners, selling at ^wjn Hants county, about 4 miles 
 
 retail; viii. Of Englishmen passing into from Bishop's Waltham, 9 from Ports- 
 
 Gascoigne to fetch wines; ix. Of levy- mouth, 11 from Southampton, and 69 
 
 ing the king's debts, and that no sheriff, from London. 
 
 under sheriff nor sheriff's clerk, shall wepuUer ub. sup.; Dugdale's Engl. 
 
 abide in his office above one year; a. Of tit. Wickham. 
 
 children bom abroad; xi. Of retaining ^7 p-osg>s giogr. Jurid. 
 
 names of jurors. =1* Owing probably to the bishop, there 
 
 *^ 12 Rep., 125. was a. beneficial grant to Wykeham in 
 
 *^ 2 Fuller's Worthies, edi. 1840, p. 8. 1350 of the custody of the manor of 
 
 *'* " His mother was of gentle extrac- Rokeford in his native county, at a small 
 
 tion, being the daughter of William annual rent, until the heir of .Sir Wil- 
 
 Bowade, whose wife was daughter of Ham Bottreaux attained his majority. 
 
 William and Amicia Stratton, of Strat- (Abb. Rot., Orig. ii, 209); Wykeham 
 
 ton, near Selborne. They and his sister was in 1352 the bishop's attorney in 
 
 were buried in the church of Suthwyk taking possession of certain lands; and 
 
 Priory, not far from Wykeham (Archeeol. it is suggested that he probably assisted 
 
 Joum. iii, 221). Foss's Biogr. Jurid. in the erection of the great tower at. 
 
620 
 
 Reign of Edward III 
 
 [tit. V 
 
 tectural talents were availed of. After many employments of differ- 
 ent kinds, he became, in 1367, the successor of William de Edington, 
 
 Windsor Castle, called the Tabula Ro- 
 tunda. In 1356, on May 10, he was 
 made " clerk of all the king's works in 
 his manors of Henle and Yestampsted." 
 On August 20 he is allowed £2 los. for 
 the keep of the king's eight dogs at 
 Windsor for nine weeks, taking for each 
 dog three farthings a day and two pence • 
 a day for a boy to keep them. (Pell Re- 
 cords iii, 163). October 30 he was ap- 
 pointed " Surveyor of the King's works 
 in the castle and park of Windsor,'' 
 with power to press artificers and provide 
 materials and carriages, and with the 
 then liberal payment of two shillings a 
 day besides extra allowances. In the 
 next year the sale of all the beasts in 
 Windsor park was committed to him 
 and two other persons (Id. 244) ; and in 
 1354 he had another royal patent consti- 
 tuting him chief custos and supervisor of 
 the castles of Windsor and Leeds, and 
 of the manors and parks belonging 
 thereto. During this period he pro- 
 jected and accomplished splendid works 
 at Windsor Castle, which continue to 
 give celebrity to his name. Queen- 
 borough Castle, which was erected un- 
 der his direction between 1361 and 1367, 
 and showed his extraordinary skill and 
 abilities as an architect, no longer exists 
 as an example of them. 
 
 Other qualifications suggested Wyke- 
 ham's employment in important offices 
 both lay and ecclesiastical; he is called 
 'clericus' as early as 1352; and in 1359 
 the king describes him as ' clericum 
 suum ' ; he received in succession, from 
 the king's present-'.tion, the rectory of 
 Pulham in Norfolk in 1357 ; the prebend 
 of Flixton in Lichfield Cathedral in 
 1359; and in the next year the deanery 
 of St. Martin's-le-Grand in London. 
 The latter he retained for three years, 
 
 during which he gave proof of his liber- 
 ality by rebuilding the cloisters of the 
 chapter house and the body of the 
 church (Monasticon vi, 1323.) In 1362 
 he was ordained sub-deacon March 12, 
 and priest June 12. In 1363 he became 
 archdeacon of Northampton which he 
 exchanged for that of Lincoln ; accord- 
 ing to Le Neve (156, 162, 167) he was 
 also archdeacon of Buckingham. He 
 received other prebends and livings of 
 which there is a list in a certificate de- 
 livered in Octo. 1366, by virtue of the 
 pope's bull requiring a 1-eturn of all plu- 
 ralities. The value of the whole is 
 stated to have amounted to ;^ 873, 6j. 8(/., 
 a very large provision in those days; 
 though it may be that he only received 
 revenues of the church with one hand 
 to expend them in her service with the 
 other. 
 
 He had been appointed, in 1361, custos 
 of the forests, south of the Trent , in con- 
 junction with. J'eter Attewode (Abb. Rot., 
 Orig. ii, 263); and in 1364, on April 2, 
 is described as holding the office of 
 keeper of the Privy Seal. (Pell Records 
 iii, 182.) In 1365 he was one of the 
 commissioners to treat of the ransom of 
 the king of Scotland, and the prolonga- 
 tion of the truce with that country. His 
 influence with the king is evidenced by 
 records of his presence in the king's 
 council, and, by the expression of Frois- 
 sart, that at this time ' everything was 
 done by him, and nothing was done 
 without him.' But though the pope ad- 
 dresses him in June, 1364, as the king's 
 secretary, Mr. Foss thinks " he did not 
 fill that position till two years afterwards, 
 holding it with the Privy Seal" till he 
 was appointed chancellor. Foss's Eiogr, 
 Jurid. 
 
CH. XIX.J 1327 TO 1377. 621 
 
 as bishop of Winchester, and of Simon de Langham, as chancellor 
 of England."" He held the chancellorship for three years and a 
 half 
 
 His speeches on opening parliament were distinguished by his 
 departing from the habit, which his predecessors had, of making 
 quotations from scripture in their addresses — and by his confining 
 his, in a business like and judicious manner to a clear statement of 
 the emergencies of the state and a lucid exposition of the subjects of 
 the meeting.^* 
 
 57. Proceedings of parliament in ^j Edw. Ill {i^dg). How the 
 Great Seal was laid up; and another engraven with the style of 
 France. 
 
 The causes of the parliament holden at Westminster in 43 Edw. Ill 
 (1369), "in the Octaves of St. Trinity" (June 3-1 1), were declared 
 by "the bishop of Winchester, chancellor of England,'' "in the 
 Chamber de Pinct, in the presence of the King, Lords arid Com- 
 mons." In concluding his discourse, the chancellor stated that "the 
 Prince of Gascoyne, upon consultation with his nobles and wise men, 
 had willed the king to write and use the style of France." 
 
 No. 8. " On Wednesday after, the Bishops, Lords and Commons 
 answered the King, that with good conscience he might use the style 
 and name of France ; and thereto they gave their assent." 
 
 g. "Whereupon the King took the same style and narrie upon 
 him." 
 
 14. "It is agreed that no man be punished contrary to the statute." 
 
 25. '' The next day, being the tenth of June, the King gave thanks 
 to the Lords and Commons for their great travels and aid." "^ 
 
 ™ Mr. Foss says of Langham : " On eleventh day of June the king's Great 
 
 July 22, 1366, he was translated to Seal was safely laid up, and another seal 
 
 Canterbury by papal provision, and engraven with the style of France, was 
 
 about the same time resigned the Great taken and used, and sundry patents, 
 
 Seal. Biogr. Jurid." The precise date charters and writs therewith sealed, 
 
 of Wykeham's appointment does not And the same day were all other, the 
 
 appear; but, in 1367, on Sept. i5, he is king's seals, in like^sort changed." Id., 
 
 so called in a grant of free warren to pp. 108, 109. The statute made in this 
 
 Archbishop Islip, Id. parliament (43 Edw. Ill) is in i Stat, of 
 
 "'^ Toss's Biogr. Jurid. the Realm, p. 390 to 392. 
 
 '"Cottonjs Abr., p, 108 to no. "The 
 
622 Reign of Edward III [tit. v 
 
 The Queen (Philippa of Hainault) died this year (1369) and was 
 buried at Westminster.^'"' 
 
 52. Parliament in 45 Edw. Ill {1J70-71); opened by William 0/ 
 Wykeha77i as chancellor. Petition to it that iaymen, and none 
 of the clergy, may be the principal officers. Accordingly the 
 king makes changes in some of the high offices ; William of 
 Wikeham being succeeded as chancellor by Sir Robert Thorpe, 
 and Bishop Brantingham, being succeeded as treasurer by 
 Richard le Scrope. Of the period of Sir Robert's chancellor- 
 ship. In whose custody the Great Seal was during his tem- 
 porary absence. William de Burstall Master of the Rolls in 
 1371. On Sir Robert Thorpe's death, in 1372, Sir fohn Kny- 
 vet, Chief Justice of England, was made Lord Chancellor.. 
 Mention of cases in which he took part. Though wise and 
 discreet, he was substituted in Jan. 1376-7 by Adam de Hough- 
 ton, bishop of St. David's. 
 
 At Westminster, in 45 Edw. Ill (1371), 
 
 'The parhament met on the 24th of February*^ in the Painted 
 Chamber; Edward himself was present, with William of Wykeham 
 as chancellor, and Bishop Brantingham of Exeter as treasurer. The 
 chancellor opened the proceedings with a speech." ^" 
 
 Part of the statute of 45 Edw. Ill is retained in i ' Revised Stat- 
 utes,' edi. 1870, pp. 216, 217. Among the petitions of the Commons 
 was this : 
 
 15. "For that the realm had been of long time governed by men 
 of the church, in disherison of the Crown, the Lords and Commons 
 required that Lay men only may be principal officers of the King's 
 courts and house there particularly named, and that none of the 
 clergy be ; saving to the King his free election to choose, and remove . 
 such officers, so as they be Lay." 
 
 Answ. "The King will therein do by the advice of his Council.""'* 
 
 During the session — which was ' Feb. 24-Mar. 29 ' ™ — there was, 
 in accordance with the petition, a change in some of the high offices : 
 
 62*4 Lingard's Engl., ch. 2, p. 105. ^24 /-^^ « jj, t]jg presence of the King, 
 
 523 The Monday in the first week of Lords and Commons." Cotton's Abr., 
 
 Lent. Cotton's Abr., p. in; i Stat, of p. III. 
 
 the Realm, 393; 2 Stubbs's Const. Hist., ^''^ Id.., p. 112; 4 Inst., 79. 
 
 ch. 16, p. 420. 5*62 Stubbs, p. 420, note 2. 
 
CH. XIX.] 
 
 1327 TO 1377. 
 
 623 
 
 William of Wykeham, on the 24th of March, resigned the Great 
 Seal, and Bishop Brantingham, on the 27th, quitted the treasury. 
 Their successors were appointed by the King immediately. "Sir 
 JRobert Thorpe, Chief Justice of the Common Pleas " (mentioned in 
 § 37> P- 597)) "^ ™3^" of singular judgment in the laws of" the 
 "realm, was constituted Lord Chancellor of England," March 26 
 (1371);'" Sir Richard le Scrope^"^ was invested with the office of 
 treasurer on the 27th.^^^ 
 
 Sir Robert Thorpe was in parliament, as "the chancellor" both 
 before and after its recess ; as appears from the subjoined proceed- 
 ings.™ 
 
 527 2 Stubbs's Const. Hist, ch. i6, 
 pp. 421, 422 ; 4 Inst., 79 ; Foss's Biogr. 
 Jurid. 
 
 ™In 1336 (10 Edw. Ill), at the death 
 •of Sir Henry le Scrape (mentioned in 
 J 12, p. 553), Richard, the youngest of 
 his sons, and ultimate heir to his exten- 
 sive property, was about eight years old. 
 Devoting himself to arms, he vpas only 
 eighteen when he accompanied the king 
 in his invasion of France. In 1 346, on 
 JVugust 20, he was in the battle of Cressy ; 
 in Scotland, in October, he so signalized 
 himself at the battle of Nevil's cross as 
 to be knighted on the field ; yet during 
 that, and part of the next year, he assisted 
 at the siege of Calais, which surrendered 
 to Edw. Ill, August 4, 1347. He was, 
 in 1350, in the sea-fight near Rye, when 
 Bon Carlos de la Cerda was defeated by 
 King Edward and the Black Prince ; and 
 ■ in succeeding years was in the army of 
 his sovereign, both in the French and 
 Scottish wars. In 1359 began his con- 
 nection with John of Gaunt, earl of 
 Richmond, which lasted the remainder 
 of the life of that celebrated man, 
 serving under him in the army which 
 then invaded France {N. Fcedera iii, 412), 
 and made its way almost to the walls of 
 Paris. By his own county of York he 
 Avas selected as its representative in par- 
 liament in 1364, during the progress of 
 
 his military career. In 1366 he accom- 
 panied his patron, who had been created 
 Duke of Lancaster into Spain, and in 
 April of the next year distinguished him- 
 self at the victory of Najarre, which 
 restored Don Pedro to the Spanish 
 throne. In 1369, on the renewal of war 
 with France, he was in his usual place, 
 by the duke's side. In 1371, on Jan. 8, 
 he was summoned to the upper house as 
 a baron. Foss's Biogr. Jurid. 
 
 ^'"He retained the treasurership for 
 four years and a. half, retiring in Sep- 
 tember, 1375 ; but during the interval; in 
 July, 1373, he again formed part of the 
 Duke of Lancaster's retinue into France ; 
 and in March, 1375, was joined with Sir 
 John Knyvet to act as attorney for the 
 duke during his absence from England. 
 In the last year of Edward's reign he 
 was one of the commissioners for the 
 preservation ot the truce with Scotland 
 and for the protection of the Marches. 
 Id. 
 
 530 No. 8. "Sir Hobert Thorp, the 
 chancellor, declared that forasmuch as 
 Easter approached, their petitions could 
 not be answered; but after the same 
 feast the King would appoint certain to 
 answer them." 
 
 g. "After this the King gave thanks 
 to the Lords and Commons for their 
 travel and aid; and licensed them to 
 
624 
 
 Reign of Edward III 
 
 [tit. V 
 
 In March 1371, during the chancellor's temporary absence, the 
 
 Great Seal was in custody of four clerks, or masters in chancery. 
 
 Walter Power^^^ was their head.°'^ William de Burstall is the 
 
 second named.^^' The third was William de Mirfteld?^ The last 
 
 of the four was Nicholas de Spaignef' 
 
 William de Burstall h&c'A.-mz Master of the Rolls March 28, 1371. 
 During his time the Doinus Conversorum in Chancery lane (men- 
 tioned in § 17, p. 560, note 198) was annexed by Edward III to the 
 office of Master of the Rolls.^^* 
 
 Although Sir Robert Thorpe "was made chancellor 26 jl/artii., 
 45 E. Ill," yet (Lord Coke says) "in Michaelmas term following, he 
 sate in the court of Common Pleas and spoke to matters in law, Mich.. 
 45 E. Ill, fol. 12*, Trin., 45 E. Ill, 19, 22, 23'', 24, 25, 26, 27, 28; 
 William de Finchden then being chief justice of the court of Com- 
 mon Pleas." °" 
 
 Sir Robert had the chancellorship little more than a year, his death 
 
 depart." 
 
 10. "After the great .council sum- 
 moned and hold'en at Winchester at the 
 Utaves of Trinity then ensuing, the 
 chancellor declared to tlie Lords and 
 Commons there assembled, how," &c. 
 
 13. "The petitions of the Commons, 
 not before answered, were now read and 
 answered before the King, Lords and 
 Commons; which done, the King 
 licensed the estates to depart; and the 
 parliament ended." Cotton's Abr., pp. 
 Ill, 112. 
 
 ^'^In 1336, in the office of attorney- 
 general to John of Gaunt, Duke of Lan- 
 caster; in 20 Edw. Ill, one of the com- 
 missioners of array for the counties of 
 Bedford and Buckingham. He held the 
 manor of Brereby and other property in 
 Yorkshire, part of which he gave to the 
 prior of the convent of Monk Bretton. 
 He was a clerk or master in chancery 
 from 25 to 47 Edw. Ill (1351-1373). 
 Foss's Biogr. Jurid. 
 
 ^*A clerk or master in chancery from. 
 36 to 49 Edw. Ill (1362-1375), when 
 he died. He was of a Yorkshire family 
 and held the rectory of Bradford. On 
 his death, his property was divided 
 among his sisters. Id. 
 
 535 He also seems to have been con- 
 nected with York county. He was in 
 1371 and the two following years, one of 
 the receivers of petitions to parliament; 
 and died about 1374. Id. 
 
 58* Foss's Biogr. Jurid. Mr. Ireland 
 says: " In the year 1377 this house was 
 annexed by patent to Wilham Burstall, 
 clerk, custos rotulorum, or keeper of the 
 rolls of the chancery in the 50th and last 
 year of his reign." Ireland's Inns of 
 Court, sect. 15, p. 202. On the next 
 page the language is, " In the fifteenth 
 of Edward the Third's reign, he an- 
 nexed, by letters patent, this house to 
 the office of custos rotulorum." Id., 
 p. 203. 
 
 5" 2 Inst., 552. 
 
CH. XIX.] 1327 TO 1377. 625 
 
 occurring in 46 Edw. Ill (1372), June 29.°''* Thereupon "Snjohn 
 Knyvet, knight, chief justice of England, a man famous in his pro- 
 fession, was made lord chancellor."'^' 
 
 ' We have a proof in the Year Book of 48 Edw. Ill (fo. 32, pi. 21) 
 that Knyvet, while chancellor, used to visit his old court. It is there 
 stated 'Et puis Knivet le Ch. -vyent en le place et le case luy fuit 
 monstr. par les justices, et'il assenty,' &c." °*° » 
 
 The following other cases are mentioned by Lord Coke : 
 
 "In 47 E. Ill, fol. 13'', Finchden, chief justice of the Common 
 Pleas, in a matter of law depending in that courtj said that he would 
 confer with the Chancellor and the Justices of the King's Bench ; and 
 in the end judgment was given by the advice of the Chancellor (viz: 
 Knivet) and all the judges of the realm. In '49 E. \\\^, Knivet, 
 chancellor, argueth a matter in law and giveth judgment."'" 
 
 During the four years and a half that he retained the chancellor- 
 ship. Sir y(7/i?2 A'wjj/j'^i' " acted with great wisdom and discretion."'" 
 "In perusing the rolls of parliament in the times" that 'Sax Robert 
 Paining, Sir Robert Thorpe and Sir John Knyvet were Lord 
 Chancellors, " we find no complaint at all of any proceeding before 
 them."'" 
 
 But now, under the influence it is said of the Duke of Lancaster, 
 the king was induced to revert to the old practice of having ecclesi- 
 astical chancellors ; and Sir John Knyvet^*' was substituted as chan- 
 cellor Jan. II, 1376-7 (50 Edw. Ill), by Adam de Houghton, bishop 
 St. David's.'^' 
 
 sssposs's Biogr. ,Jurid., tit. Thorpe Foss's Biogr. Jurid. 
 
 (Robert de) ; 2 Stubbs's Const. Hist., ^^ Probably son of John de Houghton 
 
 ch. 16, p. 424. (or Houton) mentioned in'§ 24, p. 575, 
 
 ""5 Julii, anno 46, E. Ill,' is the as a baron in 1347. Adam was edu- 
 
 date in 4 Inst., 79; June 30, 1372, is the cated at Oxford, and adopted the cleri- 
 
 date in Foss's Biogr. Jurid., p. 389, tit. cal profession. His connection with 
 
 Knyvet (John.) the court is evidenced by his being 
 
 '"' Foss's Biogr. Jurid. appointed in 1360, one of the commis- 
 
 5*^ 2 Inst., 552, 553. sioners to receive possession of counties 
 
 ^Toss's Biogr. Jurid. and cities' which the King of France had 
 
 "'4 Inst., 79. agreed to give up by treaty. In 1361 
 
 '^^Of the King's will (dated Octo. 7, he was placed in the see of St. Da- 
 
 '376)> Sir John was one of the execu- vid's. Id. 
 tors. He (Sir John) died in 4 Ric. II. 
 40 
 
626 Reign of Edward III [tit. v 
 
 ^j. Of the ordinance in 46 Edw. Ill, mentioned in 4 Inst., 10 ; and 
 of the parliament in ^7 Edw. III{i^yj). 
 
 A passage in 4 Inst., 10, as to an ordinance in 46 Edw. Ill, is the 
 subject of observations by William /'rywwi?, in the preface of March 1 
 ID, 1656, to his edition of Cotton's Abr. Out of the parliament roll 
 of 46 E. Ill, No. 13, he has (in that preface) inserted the ordinance; 
 as to which he uses this language: 
 
 "An ordinance most fit to be put in actual execution against such 
 practising lawyers, who make sure to be elected Parliament members, 
 only or principally, to get clients, practice and pre-audience of 
 others at the bar, and to promote their clients' or friends' causes in 
 the House, rather than diligently to discharge their public duties 
 faithfully in the parliament, according to their trusts, as too many 
 have done of later ages, as well as when this ordinance was first 
 enacted.""" 
 
 What appears in Cotton's Abr. may be compared with Lord 
 Campbell's statement.'" According to the former volume (published 
 in 1657), the causes of the parliament at Westminster in 47 Edw. Ill 
 (1373),''*^ were declared by "Sir fohn Knyvet, being chancellor." 
 
 "The next day certain of the Commons* came to the Lords' House 
 and required that certain of the Lords there named would vouchsafe 
 
 5*8 The ordinance referred to is in preside at the opening of it, and, by the 
 I Stat, of the Realm, p. 394 ; and king's command, the causes of the smn- 
 I 'Statutes Revised,'- edi. 1870, p. 216. mons were declared by Sir .Sfwrj/ ^/^/an. 
 It is remarked on in 2 Stubbs's Const. one of the king's council." i Lives 
 Hist., ch. 16, pp. 424, 425. Referring of Chancellors, p. 268 of 2d edi. (1846), 
 to an order of Edw. Ill, in 1330, Mr. p. 253 of Boston edi. 1874; citing I 
 Stubbs observes that "the attempt made Pari. Hist., 136. Lord Campbell speaks 
 'by the Commons, in 1372, to prevent the of another parliament summoned to meet 
 election of lawy-ers as knights of the in November, 1373, in which Lord Chan- 
 shire, is another illustration of the wish cellor Knyvet declared the causes of the 
 to purge the assembly of a class of mem- summons. 
 
 bers who were supposed to be more de- sisn^he next day after St. Edmund, 
 voted to private gain than to public the king." Cotton's Abr., p. 116. No- 
 good." Id., ch. 17, p. 5i8, and note. vember 20 being the day of S. Edmund, 
 647 << In November, after Knyvet's ap- ' king and martyr,' it follows that the 
 pointment, a parliament was held at parliament was summoned to meet on 
 Westminster, but for some reason, not Nov. 21. Itsat until Dec. 10. 2 Stubbs's 
 explained to us, the chancellor did not Const. Hist., ch. 16, p. 425, and note 2. 
 
CH. XIX.J 1327 TO 1377. 627 
 
 to confer with the Commons ; whereupon they went presently into 
 the chamberlain's chamber to treat with the Commons." "' 
 
 After consultation, the Lords and Commons make to the King 
 ■certain grants upon conditions; and with prayers; one of which is 
 " that none of the Commons' House be appointed to be a collector for 
 any of these grants." ^'' 
 
 34. Of the parliament of §0 Edw. Ill {1376) ; wherein, after the 
 death of Edward, Prince of Wales, his son Richard came before 
 the Lords and Commons. 
 
 After the parliament of 47 Edw. Ill, there was no other till that of 
 ^o Edw. Ill (1376), at Westminster.""^ The next day after that for 
 which it was called " Sir fohn Knevit, Knight, Chancellor of England, 
 before the King, Lords and Commons, declared the causes of the 
 parliament." — " He willed them to go together, the Lords by their- 
 selves, and the Commons by theirselves, and speedily to consult and 
 give answer." ^°^ After which, among other proceedings, are the fol- 
 lowing : 
 
 No. 10. "An order devised by the Commons that the King should 
 have at least ten or twelve councillors, without whom no weighty 
 matters should pass, and for smaller matters, at least six or four of 
 them; whereunto the King granted, provided that the Chancellor, 
 Treasurer and Keeper of the Privy Seal, should, by theirselves end 
 all matters belonging to their offices; and that these councillors should 
 take no rewards." 
 
 "' Cotton's Abr. , p. 116, No. 5 . " This " The same day most of the Lords and 
 
 is the first instance since the institution ™any of the Commons were before the 
 
 „f ... ,. . , King in his own chamber; where, for that 
 
 01 representative parliaments of a prac- ? r »t. t j j <-■ 
 
 '^ i^ IT sundry of the Lords and Commons were 
 
 tice which was soon to acquire great im- „ot come, proclamation was made in the 
 
 portance." 2 Stubbs's Const. Hist., ch. Great Hall at Westminster, that all such 
 
 l6 p. 426. ^^ were summoned to the parliament 
 
 should be there the next morning by 
 
 '^Id. Cotton's Abr., pp. 1 16, 117, eight of the clock." Cotton's Abr., 
 
 Nos. 6 and 12. In i Stat, of the Realm, p. 120. 
 
 p. 395, is a statute as to 'assize of 652 « xhe Commons were willed to de- 
 cloths' and as to ' currency of the Scot- pan to their accustomed place, being the 
 tish Groat.' Chapter House of the Abbot of West- 
 
 "'^ The 23d of April is the day of St. minster, whither they went ; whereupon 
 
 ■George ; the parliament was for the Mon- certain Lords and Nobles were appointed 
 
 ■day after, being called for " the Monday to go and consult with the Commons who 
 
 next after the feast of St. George." are there particularly named." Id. 
 
628 
 
 RfeiGN OF Edward III 
 
 [tit. V 
 
 11. "That no other of the King's officers or ministers do take any 
 reward for any matter touching their offices." 
 
 12. "That report of matters of council shall be made to the King 
 by some one or two of the council appointed, and none others." 
 
 13. "That all ordinances made by the King and his Council, shall 
 be, by all the King's officers, executed."^"' 
 
 No. 35. "The King ordaineth that from thenceforth no woman 
 should, for maintenance, pursue any matter in the King's courts — and 
 namely, Alice Ferrers - upon loss of all that they have and banish- 
 ment forever out of the realm." ^^^ 
 
 37. "For that Adam de Bury was accused of divers deceits and 
 wrongs done by him while he was Mayor of Callice and Captain of 
 Bellingham, as hereafter may appear, and was sent for to come unto 
 the parliament, and came not, nor yet could be found, — it was agreed 
 that all his goods and chattels should be arrested ; and so the}' were." 
 
 38. "The Bishop of Norwich supposeth an erroneous judgment 
 to be given against him in the Common Place for the archdeaconry 
 of Norwich belonging to his presentation and prayeth that those 
 errors may be heard and redress thereof; whereunto answer was 
 made that errors, by law, in the Common Place, are to be corrected 
 in the King's Bench, and of the King's Bench in the Parliament and 
 not otherwise." 
 
 41. " On Wednesday the day after S. John,^°° at the request of the 
 
 ^"^ Cotton's Abr., j.p. 120, 121. The 
 Commons afterwards (in Nos. 15 and 16) 
 require "that falsehoods and crafts of 
 certain of the lung's council and other 
 persons may be tried and punished; " and 
 specify that there should be trial " First 
 of such of the council as convey staple 
 ware and bullion to other places than to 
 Calice for their own private turn; se- 
 condly, of such as made shifts for money 
 for the king deceitfully ; thirdly, of such, 
 as of covin between certain of the coun- 
 cil and them bought of sundry the 
 king's subjects debts due to the king to 
 them for the tenth or twentieth penny." 
 
 Whereupon there were proceedings 
 against — I. Richard Lyons, merchant of 
 London (in Nos. 17, i8j 19, 20) ; 2. Wil- 
 liam, Lord Latimer (in Nos. 21 to 30) ; 
 3. William Ellis, of Great Yarmouth (in 
 Nos. 31, 32); 4. John Peach, of London 
 (No. 33); 5. The Lord John Nevil 
 (No. 34). Of some of these proceed- 
 ings there is an account in 2 Stubbs's 
 Const. Hist., ch. 16, pp. 430, 431. .. ,.:; 
 
 ^^^ Alice Pierce (or Perrers) is men- 
 tioned in 4 Collyer's Engl., pp. 158, i6o> 
 of edi. 1775; 2 Hume's Engl., ch. 16, 
 p. 264, of N. Y. edi. 1850; 2 Stubbs's 
 Const. Hist., ch. 16, pp. 427, 428, and 
 p. 43 1 . That it was proper to construe 
 the ordinance not as retrospective but 
 merely as prospective, is manifest not 
 only from No. 35, above quoted, but also 
 from Hall. Mid. Ages, ch. 8, part 3, 
 p. 105, of vol. 2, Phila. edi. 1824; and 
 from what is furnished by Dr. Lingard. 
 He states that the ordinance was as fol- 
 lowp : 
 
 " Whereas complaint has been brought 
 before the King that some women have 
 pursued causes and actions in the King's 
 courts by way of maintenance, and for 
 hire and reward, which thing displeases 
 the King, the King forbids that any 
 woman do it hereafter, and in particular 
 Alice Perrers, under the penalty of for- 
 feiting all that the said Alice can forfeit^ 
 and of being banished out of the realm." 
 4 Lingard's Engl., ch. 2, p. 102. 
 
 555 June 24, is the day of 'St. John 
 the Baptist.' 
 
■CH. XIX.] 1327 TO 1377. (329 
 
 Commons, came into the open parliament before the Lords and 
 Commons, Richard Bordeane, the son and heir of Edward,'^^ late 
 Prince of Wales and heir apparent to the realm, of whom after the 
 archbishop of Canterbury had spoken words of commendation, the 
 Commons with one voice prayed that the Lords would make him 
 Prince of Wales, as his father was; who said it laid not in them but 
 in the King only so to do, whom they promised therein to be 
 mediators." 
 
 42. For that the King was diseased at Eltham*" the Lords and 
 Commons went thither, to have the premises before and after con- 
 firmed and answered." 
 
 "The premises," embrace numbers of "petitions of the Commons, 
 with their answers," (No. 43 to 189,) and of ".petitions exhibited by 
 the clergy and their answers," (No. 190 to 203); the last of these 
 numbers concluding thus : 
 
 " Arid so this parliament ended at Eltham ; the which continued 
 from day to day from the beginning unto this present Thursday, the 
 sixth of July, in the whole ten weeks and more."^** 
 
 55. Recognition in §0 Edw. Ill of the principle that there may be re- 
 dress on a bill of complaint against a judgment wrongfully 
 caused; and of the chancellor^ s jurisdiction in other cases. Of 
 the statute of 30 Edw. Ill; especially ch. 6 against gifts made 
 by collusion. 
 
 Among the proceedings of the parliament just mentioned is " an 
 •order that the Prior of Ecclefield, an alien, should exhibit his bill of 
 
 ^^This Prince (Edward) who, by dis- miles from London, are the remains of a 
 pensation in 1361, married' his cousin royal palace, which was for centuries a 
 Joanna or Joan of Kent (granddaughter favorite retreat for English sovereigns, 
 of Edward I, and daughter and heiress but which was gradually deserted on the 
 of Edmund, earl of Kent, a brother of rise of Greenwich. Subterranean pas- 
 Edward II), went with his wife to sages at Eltham palace were discovered 
 France, and kept his court at Bordeaux. in 1 834 ; an account thereof (taken from 
 That was the birth-place of Richard, his a small pamphlet published at Green- 
 son and heir. 8 Harl. Miscel., p. 174, wich) was in the Penny Magazine for 
 of Lond. edi. 1810; Hume's Engl., Octo. 11, 1834 (No. 162), p. 399. 
 ch. 16, p. 266, of N. Y. edi. 1850; ^^^ This conclusion is in Cotton's Abr., 
 2 Stubbs's Const. Hist., ch. 16, p. 416. p. 140. 
 
 657 
 
 At Eltham (in Kent county), eight 
 
630 Reign of Edward III [tit. v 
 
 complaint against the Lord Latimer for the parsonage of Ecclefield, 
 which the said Lord had wrongfully caused to be recovered against 
 the said Prior ;°*' which seems to recognize that after judgment given 
 in a court, there might be redress upon a bill of complaint shewing 
 that the recovery was wrongfully caused. 
 
 As to exercise of jurisdiction by the chancellor, there is (among 
 "the petitions of the Commons with their answers") the following: 
 
 " The Mayor and Commons of Newcastle-upon-Tyne, complain 
 that where the Prior of Tinmouth, parcel of S. John, of Jerusalem, 
 in England, by cautelous and suborned means, brought his writ of 
 freehold in Fernham, and put in view and plaint, the greater parcel 
 in value of the same town, holden in farm of the Crown time out of 
 mind, and recovered. Whereupon order was taken that the same 
 Justice of Assize should not, in that assize, have a procedendo, but 
 that the chancellor should grant a commission for the examining of 
 the truth, until which time the matter should stay ; they therefore 
 require that the assize be no further proceeded in until the commis- 
 sion return." 
 
 Answ. " Remedy is provided in this parliament, as appeareth by 
 another bill thereunto endorsed." ^™ 
 
 The statute of 50 EdW. IIP^^ embraces several chapters ^°' besides 
 chapter vi. 
 
 This recites that " divers people inherit of divers tenements, bor- 
 rowing divers goods in money or in merchandize, of divers people of 
 this realm, do give their tenements and chattels to their friends, by 
 collusion thereof to have the profits at their will, and after do flee to 
 the Franchise of Westminster, of St. Martin le Grand of London, or 
 other such privileged places, and there do live a great time with an 
 high countenance of another man's goods and profits of the said 
 tenements and cattels till the said creditors shall be bound to take a 
 small parcel of their debt and release the remnant"; and then ordains 
 "that if it be found that such gifts be so made by collusion, that the 
 said creditor shall have execution of the said tenements and chattels 
 as if no such gift had been made." ^"^^ 
 
 ^5 Cotton's Abr., p. 123, No. 36. the people; iv. Of prohibition; v. That 
 
 ^^ Jd., p. 134, No. 140. Priests and clerks shall not be arrested 
 
 561 1 Stat, of the Realm, p. 398 ; during divine service ; vii. Against ex- 
 
 I Statutes Revised, edi. 1870, p. 2l8. porting woollen cloths unfuUed; viii. Ex-^ 
 
 56' i and ii. Of Holy Church and the cepting Irish Frize from subsidy. 
 
 Charters ; iii. Of the king's pardon to 563 j Statutes of the Realm, p. 398. 
 
CH. XIX.] 1307 TO 1327. 631 
 
 ^6. Influence of, and opposition to, John of Gaunt. Sir William de 
 Skipwith reappointed to the English bench. Of his reappear- 
 ance in the Common Pleas ; and the course of the Duke of Lan- 
 caster. Charges against the ex -chancellor, William of Wyke- 
 ham, are brought before Skipwith. Of the judgment thereon ; 
 and consequences of the attack on Wykeham. 
 
 John of Gaunt had been suspected of contemplating, when his 
 brother Edward, Prince of Wales, should be in his grave, to set aside 
 the heir of the crown. Both in the parliament of 1373, and in that 
 of 1376, there appeared strong opposition to John's influence in the 
 administration of the government. That opposition had the support 
 of the Prince.^" When his death'"' was known, the Commons "deter- 
 mined on still more trenchant measures."'"" At their request, as 
 stated in Nos. 41 and 42, cited in § 54, pp. 628, 629, that Prince's son, 
 Richard, the heir apparent to the crown, came into the open parlia- 
 ment before the Lords and Commons. 
 
 Mr. Hallam observes that "the policy adopted by the Prince of 
 Wales and Earl of March'"' in employing the House of Com- 
 mons as an engine of attack against an obnoxious ministry, was 
 perfectly novel, and indicates a sensible change in the character of 
 'the constitution."""* 
 
 The influence of John of Gaunt was greater after than before the 
 adjournment of the parliament of 1376. No respect to its determi- 
 nations was shewn by him. He dismissed the additional members of 
 the council, recalled to court and office the impeached lords, and 
 exercised an amount of power which had been exercised never by a 
 subject and rarely by a sovereign.'"' 
 
 October 8, 1376, is the date of the reappointment to the Common 
 Pleas in England of William de Skipwith (mentioned in § 46, p. 613). 
 
 '"Hall. Mid. Ages, ch. 8, part 3, ^z Stubbs's Const. Hist., ch. 16, 
 
 p. 104 to 106 of vol. 2, Phila. edi. 1824; p. 432. 
 
 2 Stubbs'5 Const. Hist., ch. 16, p. 420 to '^'^ Who as stated in \ 41, p. 605, note, 
 
 432. had married Lionel's daughter. 
 
 '«'At Canterbury, June 8, 1376. There sea Hall. Mid. Ages, ch. 8, part 3, 
 
 he was buried in Christ's church, and a p. 106 of vol. 2, Phila. edi. 1824. 
 monument was.erected to his memory. ^69 2 Stubbs's Const. Hist., ch. 16, 
 
 8 Harl. MisceL.p. 177. p. 435. 
 
632 Reign of Edward III [tit. v 
 
 Observing what took place on one occasion (which was probably his 
 first appearance in the court after his return from Ireland), Mr. Foss 
 says : 
 
 " No one can observe the manner in which Skipwith is noticed, 
 in the only case in which his name is mentioned in Michaelmas, 50 
 Edw. Ill, in the Year Books, without being satisfied that it is no new 
 judge who speaks, but one who had experience and authority. Et 
 adonques vient Mons. W. Skipwith en le place quant le matt, fuit pled, 
 et did, &c. The great case of the Bishop of 'Sancte Davy' ■a.vA John 
 Wyton, clerk, was then in discussion, and his opinion having been 
 given with dignity and distinctness, the other judges concurred, and 
 the judgment was pronounced in accordance with it.""° 
 
 The Duke of Lancaster proceeded to take vengeance on those 
 who, in the recent parliament were leaders in opposition to his views : 
 the earl of March was compelled to resign the office of Marshal, 
 which he" had held since 1369; Peter de la Mare was summoned 
 before the king's court and imprisoned;"' and there were steps 
 against a man of higher reputation than either of them. 
 
 William of Wykeham, bishop of Winchester, "retained the confi- 
 dence of his sovereign, and faithfully sided with him in his declining 
 years, when the Duke of Lancaster and Alice Ferrers were taking 
 advantage of his weakness and assuming the government of the 
 kingdom. When the Prince of Wales, -then in a desperate state of 
 health, made a strong effort in the 'good parHament' of 1376 to 
 break this party, the bishop was one of the council then appointed to 
 advise the king, and on the Prince's death in June, Richard, his son, 
 was declared Prince of Wales." "^ 
 
 The Duke and his adherents vented on William of Wykeham part 
 of their resentment. It is curious to observe that he was called 
 before one who had been removed Irom the office of Chief Baron 
 Octo. 29, 1365, made Chief Justice of the King's Bench in Ireland, 
 Feb. 15, 1370, and reappointed a Justice of the Common Pleas of 
 England Octo. 8, 1376; before William de Skipwith charges were 
 brought in Mich. T., 1376.™ 
 
 The Duke and his adherents exhibited against William of Wyke- 
 
 "° Foss's Biogr. Jurid. 572 Fqss's Biogr. Jurid. 
 
 5'i2 Stubbs's Const. Hist., ch. 16, "Sa Stubbs's Const. , Hist., ch. 16, 
 
 p. 435. p. 435, and note 5. 
 
CH. XIX.] 1327 TO 1377. 633 
 
 ham "seven charges of crimes alleged to have been committed 
 during his administration, on which they rehed so little as to offer no 
 proof in their support, but added an eighth as to cancelling a roll, 
 and reducing a fine from ;^8o to ^40 in favour of John Grey, 
 of Retherfeld. Upon this trifling charge his temporalities were 
 adjudged on November 17 to be seized into the King's hands, and he 
 was forbidden to come within twenty miles of the court. The far- 
 ther proceeding thereon" was "adjourned till Jan. 20, 1377, but it was 
 never brought to a hearing.""'* 
 
 " The attack on William of Wykeham had placed the clergy in 
 strong opposition. This opposition the duke had no power to break 
 up, and in consequence he called to his assistance, as a temporary 
 expedient, no doubt, the great John Wycliffe, whom he had known 
 during the conferences at Burges."°'° 
 
 .57. Of the parliament called for Jan. 137 J ; attempt to influence the 
 electioyis ; and change of the ministry. Of Richard, now Prince 
 of Wales and President of the parliament. Proceedings of the 
 parlia7nent and of the convocation ; especially of opposition to 
 granting aid to the King uyitil Wykeham was restored to his 
 rights. 
 
 The parhament " called on the ist of December, to meet on the 
 27th of January, 1377," is mentioned as "the first occasion on which 
 ■any definite signs are trac^ble of an attempt to influence the elec- 
 tions for a political purpose." Mr. Stubbs observes that "no pains 
 "were spared by the duke to pack the new parliament, and he was 
 successful." "° 
 
 Since the Jast parliament, the King had advanced his grandson, 
 Richard, to be Prince of Wales. Born in 1365 or 1366, "Richard, 
 
 *" Foss's Biogr. Jurid. returned to this, as appears by the writs 
 
 5'5"And on whom he° felt that he in Prynne's 4th Register, pp. 302, 311." 
 
 ■could rely as a stern opponent of the Hall. Mid. Ages, ch. 8, part 3, in note 
 
 aggrandizement of the clergy, and not on p. 106 of vol. 2, Phila. edi. 1824. 
 
 less as an influential popular leader." " To make matters still safer," the 
 
 2 Stubbs's Const. Hist., ch. 16, p. 436. duke " changed the ministry on the eve 
 
 "On the 22d of September, 1376, Alan, of the meeting; on Ihe nth of January 
 
 •of Barley, was sent with a writ to Oxford he removed the chancellor and treasurer, 
 
 to summon John Wycliffe to appear be- and filled their places with two bishops, 
 
 fore the king's council." Id., note 6. Adam Houghton, bishop of S. David's 
 
 ™2 Stubbs's Const. Hist., ch. 16, (as mentioned in ^ 52, p. 625), took the 
 
 p. 436. Mr. Hallam notes that "not Great Seal, and Henry Wakefield, of 
 
 more than six or seven of the knights, Worcester, one of the king's executors, 
 
 who had sat in the last_parliament, were "took the treasury." 2 Stubbs, p. 436. 
 
634 Reign of Edward III [tit. v 
 
 Prince of Wales, Duke of Cornwall, and Earl of Chester," may 
 have been eleven but not more than twelve years of age," when in 
 51 Edw. Ill, in the "fifteen of S. Hilary, being Tuesday next after 
 the conversion of S. Paul,""' the said Prince, at Westminster, in the 
 Painted Chamber, was "sitting in the King's own place, in the 
 absence of the King"; and "the King sent thither his letters patent 
 to the said Prince to begin the parhament." — "The Bishop of S. 
 David's being chancellor, at the commandrnent of the said Prince, 
 then and there President," continued the said parliament until the 
 next day at nine of the clock in the morning," and on the next day 
 " began his long oration." He was followed by " Sir Robert de Ash- 
 ton, \h& King's chamberlain." After which "the Commons'' House 
 were willed to repair to the Chapter house of the abbey of West- 
 minster"; and certain Lords "were appointed from time to time to 
 confer with the Commons.""" 
 
 Almost cotemporaneously with the parliament was a convocation 
 for which was issued a writ by the King, and a summons by the 
 archbishop, through the bishop of London. Although William of 
 Wykeham had not been summoned to parliament, yet Courtenay, as 
 dean of the province, had summoned hun to the convocation which 
 met on the 2d ot February. 
 
 Wykeha7n " did not attend on the first days, probably obeying the 
 royal order not to come near the court. Courtenay, however, under- 
 took to plead his cause, and when the King's request for aid was 
 announced, urged the clergy to give nothing until the bishop of 
 Winchester was restored to his rights. So unanimous were they 
 that the archbishop adjourned the debate and laid the matter before 
 the King, who gave a general promise of redress. U^keAam then 
 took his place in convocation.""'" But Courtenay was not satisfied: 
 
 ^"January 25, being the day of the tions and answers, No. 85 is this : 
 
 "Conversion of St. Paul;" it may be "Touching the bishop of Winchester, 
 
 that " Tuesday next after was Jan. 27." and matters by him attempted to be re- 
 
 The " parUament met on the 27th of formed, order was that his temporalties. 
 
 January." 2 Stubbs's Const. Hist., ch. 16, should be seized into the king's hands." 
 
 p. 439. ^'^Cotton's Abr., p. 144. From this it would seem that notwith- 
 
 *"In Cotton's Abr., p. 151, after the standing the tone of opinion in the cob- 
 
 caption, "Petitions of the clergy with vocation, "the majority in parliament 
 
 their answers," and after Nos. 80, 81, 82 proved all powerful." 2 Stubbs'si Const., 
 
 and 83, which may have been such peti- Hist., ch. 16, p. 439. 
 
CH. XIX.] 1327 TO 1377. 635 
 
 he proceeded to attack the Duke through his new ally. Wycliffe 
 was called before a committee of bishops at St. Paul's on the 
 19th of February to answer the charges of the convocation, and 
 appeared under the protection of John of Gaunt and Henry Percy. 
 An insult offered to Courtenay by the Duke provoked the London- 
 ers; in the riot that ensued the latter had to fly for his life, and 
 although the prosecution of Wycliife ' was given up for the time, 
 Courtenay secured a momentary victory. The Londoners, rightly 
 connecting the cause of their bishop with that of Peter de la Mare, 
 insisted that the latter should have a fair trial, and sent a deputation 
 to Edward, which, notwithstanding the opposition of the Duke, was 
 admitted into the King's presence. Edward's gracious demeanour 
 and ready promises had their usual effect. The excitement was 
 allayed." =*' 
 
 After Feb. 22, "certain Bishops and Lords, the Chancellor, Treas- 
 urer and Keeper of the Privy Seal, and all the Justices by the 
 King's appointment went to Sheen,*'^ where the King lay sick, and 
 there, in their presence, the articles of the King's general pardon''^ 
 were read, with other answers made to the petitions of the Com- 
 mons,°^ whereunto the King agreeth and willed that they should 
 the next day be read in the House, and to make the same the last 
 day of parliament: the which was done the next day" (being Feb. 
 23), "by authority of the King and of the President." ^^ 
 
 87. "The last day of the parliament. Sir Thomas Hungerford, 
 Knight, Speaker of the parliament, declared how that during the 
 parliament he had generally moved the King to pardon all such as 
 were in the last parliament unjustly convicted, and how the King 
 willed him to make a special bill therefore, which was done to seven, 
 but no answer thereto made." °*^ 
 
 In the following April, or May, Adam de Houghton was at the 
 head of the commissioners to negotiate a peace with France; for 
 which purpose he proceeded to Calais, and was still there at the 
 time of King Edward's death.^ Richard de Ravenser^^ was called 
 
 ™ 2 Stubbs's Const. Hist., ch. 16, seven Nos. following are 88, as to Richard 
 
 pp. 438, 439. Lyons, merchant of London ; 89, Alice 
 
 ^In Surrey; being two miles from Ferrers; 90, John de Leicester; 91, Adam 
 
 Richmond, and seven or eight from de Bury; 92, Walter Sporier; 93, John 
 
 London. Peach, of 'London; 94, William Ellis, 
 
 ^ In Cotton's Abr., p. 146, Nos. 24, burgess of Yarmouth. 
 
 25 and 26. 95. " And it is to be remembered that 
 
 ™In Cotton's Abr., p. 146 to 151 ; nothing was answered to the bill fore- 
 
 2 Stubbs's Const. Hist., ch. 16, p. 427, said, for that the parliament ended that 
 
 note 2. day." Cotton's Abr., p. 152. 
 
 *" Cotton's Abr., p. 146, No. 22. ^ Toss's Biogr. Jurid. 
 
 '^Cotton's Abr., p. 151, No. 87. The ^''In 31 Edw. Ill, he had a grant o£ 
 
636 Reign of Edward III [tit. v 
 
 upon (with two other clerks) to hold the Great Seal during the 
 chancellor's temporary absence.^^ 
 
 38. The King's death in June 1377. His character; and results of 
 t his reign. 
 
 Edward the third died on the 21st of June, 1377, in the sixty-fifth 
 year of his life, and the fifty-first of his reign.^^ 
 
 "More than usual care had been bestowed on his education; and 
 he could not only speak the English and French, but also under- 
 stood the German and Latin languages. His elocution was graceful, 
 his conversation entertaining, his behaviour dignified, but also attract- 
 ive. To the fashionable amusements of hunting and hawking °'° he 
 was much addicted: but to these he preferred the more warlike 
 exercise of the tournament ; and his subjects, at the conclusion of 
 the exhibition, often burst into transports of applause when they 
 found that the unknown knight, whose prowess they had admired, 
 proved to be their own sovereign." *" 
 
 " There is not a reign among those of the ancient English mon- 
 archs, which deserves more to be studied than that of Edward III, 
 nor one where the domestic transactions will better discover the true 
 genius of that kind of mixed government, which was then estab- 
 lished in England." ''' 
 
 Lord Coke mentions him as " a noble, wise and warlike king, in 
 
 the office of keeper of the Hanaper. In N. Y. edi. 1850. 
 
 the next year he was assigned to- ad- **From a letter of August, 1370, 
 minister the goods of the late Queen written by the father of the wife of 
 Isabella. In 36 Edw. Ill, he was ap- Lionel (mentioned in g 41, p. 605, note), 
 pointed one of the twelve clerlis in the it appears that " Galeazzo Visconti had 
 chancery of the higher grade. He re- presented Edward with a falcon named 
 tained the Hanaper for some years the Cyprian, that the king was under- 
 longer, but continued a clerk of the stood to have been delighted with it, but 
 chancery during the remainder of his it died; Galeazzo had others equally 
 life, and was endowed with the usual good, and better; and promises should 
 ecclesiastical preferments, the last of no hinderance to the conveyance happen 
 which was that, in 42 Edw. Ill, when that he will undoubtedly replace it." Sir 
 he was made archdeacon of Lincoln. H. Ellis's 3d series of Orig. Let., vol. i, 
 He was rich enough to lend the king p. 43 to 45, of Lond. edi. 1846. 
 pf 200, which was repaid in 44 Edw. III. ^si ^ Lingard's Engl., ch. 2, p. 106, of 
 Id. N. Y. edi. 1850. 
 
 ™It was so held from May 4 to the ''^ 2 Hume's Engl., ch. 16, p. 277, of 
 
 day of King Edward's death. Id. N. Y. edi. 1850. 
 
 58' 2 Hume's Engl., ch. 16, p. 264, oi 
 
CH. XX.] 1377 TO 1399. 637 
 
 whose reign the laws did principally flourish."^"" In the present 
 century an eminent historian has said : 
 
 "Edward III was not a statesman, although he possessed some 
 qualifications which might have made him a successful one. He was 
 a warrior ; ambitious, unscrupulous, selfish, extravagant and ostenta- 
 tious. His obligations as a king sat very lightly on him.'"'* 
 
 "The glory and the growth of the nation were dearly bought by 
 blood, treasure and agony of many sorts. The long war which began 
 under Edward placed England in the forefront of Christendom ; it 
 gave her a new consciousness of unity and importance, and exer- 
 cised, even while it exhausted, her powers. It enabled her leading 
 men to secure, one by one, steps in advance, which were never 
 retraced, and to win concessions from Edward which he was unable, 
 or did not care, to estimate at their true value. Hence, whilst 'Eng- 
 land owes no gratitude to the King for patriotism, sagacity or indus- 
 try, she owes very much to the reign." ^'* 
 
 "The efforts of parliament, in behalf of their country, were 
 rewarded with success in establishing, upon a firm footing, three 
 essential principles of our government; the illegality of raising 
 money without consent; the necessity that the two houses should 
 concur for any alterations in the law; and lastly, the right of the 
 commons to enquire into public abuses, and to impeach public coun- 
 sellors."'* 
 
 CHAPTER XX. 
 
 INSTITUTIONS IN THE REIGN OF RICHARD II— 1377 
 
 TO 1399. 
 
 /. In isyy, July, Richard crowned and a council chosen ; William of 
 Wykeham pardoned. In October, meeting of Parliament. Its 
 proceedings ; some being judicial. 
 
 The Duke of Lancaster, as high steward of England, arranged the 
 ceremonies of the coronation. It took place on July 16, when the 
 
 ^''a Inst., 29. 695/^.^ p. 375. 
 
 ^2 Stubbs's Const. Hist., ch. 16, 596 Hall. Mid. Ages, ch. 8, part 3, p. 94 
 
 p. 374. of vol. 2, Fhila. edi. 1824. 
 
638 Reign of Richard II [tit. v 
 
 years of Richard's life were not more than eleven; on the 17th a 
 standing council was chosen." ' 
 
 It was "not exactly a council of regency: the King remained 
 under his mother's care, and she, without any formal title, acted as 
 guardian and chief of the court." — "Two bishops, two earls, two 
 barons, two bannerets, and four knights bachelors were chosen to 
 aid the chancellor and treasurer." ^ 
 
 July 31, William of Wykeham had a full pardon and release from 
 Richard.' Aug. 4, a summons was issued for a parliament. 
 
 "At the Quindean of St. Michael, being Tuesday, the 13th of Octo- 
 ber," "at the palace of Westminster, in the Blanch chamber," "for 
 that divers of the bishops and lords were not come, the Archbishop 
 of Canterbury, by the King's commandment, adjourned the Parlia- 
 ment." 
 
 " At the which day, as well the King as the two Archbishops, with 
 most of the Lords and Commons assembled in the Painted Chamber, 
 where the Archbishop of Canterbury pronounced the cause of the 
 Parliament." * 
 
 " The next day after Sir Richard le Scroop, steward of the King's 
 house,^ by the King's commandment, in the presence of the King, 
 Lords and Commons, rehearsed the whole matter of the Archbishop, 
 and willed them to consult thereof." ^ 
 
 ' " By the King and the assembled mento et assensu carissimi avunculi 
 
 magnates." 4 Lingard's Engl., ch. 3, nostri Johannis.' /(^., p. 441, note I; 
 
 p. 164; 2 Stubbs's Const. Hist., ch. 16, citing Feed, iv, 14; cf. Chr. Angl., pp. 
 
 p. 440 to 442. The Duke of Lancaster 150, Ixxv sq.; Cotton's Abr., p. 163, 
 
 retired with his suit to Kenilworth Castle. No. 99 ; Foss's Biogr. Jurid. 
 
 Id. * Cotton's Abr., p. 154, Nos. i and 2. 
 
 ''■ Mr. Stubbs observes of the council, ^ Richard le Scrope, mentioned in ch. 
 
 that it "bears evidence of u, compro- 19, \ 52, p. 623, as treasurer in 1371, 
 
 mise:" — "the bishops were Courtenay was, on the accession of Richard II, 
 
 of London, the late antagonist of John appointed steward of the household, 
 
 of Gaunt, and Ralph Erghum, of Salis- Foss's Biogr. Jurid. 
 
 bury, his ally; of the earls, Edmund of ^ Cotton's Abr., p. 155, No. n. "The 
 
 March and Richard of Arundel repre- same day the Commons 'required sundry 
 
 sented the opposite parties; the other Lords and Nobles, with whom they 
 
 rnembers were the lords Latimer and might confer, and, as chief of them, the 
 
 Cobham, who were prpbably opposed in King of Castile and Aragon, and Duke 
 
 the same way; Roger Beauchamp and of Lancaster;'' on which occasion this 
 
 Richard Stafford, bannerets ; John Kny- Duke alluded to, and the Lords and 
 
 vett, Ralph Ferrers, John Devereux and Commons disclaimed, the imputation 
 
 Hugh Segrave, knights." /of., p. 442. against him of treason. Id., Nos. 12, 
 
 ^' Ex carta scientia nostra et avisa- 13, 14. 
 
•CH. XX.] 
 
 1377 TO 1399. 
 
 639 
 
 " Aftei that Sir Pierce de la Mere, Knight,' being speaker," spoke 
 "from the whole House" ; the first of their petitions being " to name 
 in the parliament" persons to be "resident, about the affairs of the 
 King and Realm, with others of the King's officers." 
 
 To which "the King assenteth so as the Chancellor, Treasurer, 
 Keeper of the Privy Seal, Justices of the one bench and the other, 
 may execute their offices, without the assent of such councillors." ^ 
 
 With the second of the petitions — "that their names may be known 
 who shall be about the King's person" — the Lords would not inter- 
 meddle. They granted the third; which was "that the Common 
 Laws, and other statutes and ordinances of the law may be observed, 
 and xaSiY not be defaced with maste? -ships or singularities.'" 
 
 Among the "petitions of the Commons, with their answers," are 
 the subjoined.'" The " Roll of the statutes " of i Ric. II, is in 2 Stat, 
 of the Realm, p. i to 5." 
 
 ' Mentioned in ch. ig, \ 56. 
 8 Cotton's Abr., p. 155, No, 13 to 21. 
 After which are the following numbers : 
 
 22. "The King also, by the advice of 
 the Lords, in the same parliament, for 
 that one year, chose nine other the like 
 councillors, viz : the bishops of London, 
 Carlisle and Salisbury, the earls of Staf- 
 ford and March, Sir Richard Stafford 
 and Sir Henry le Scroop, baronets. Sir 
 John Deverose and Sir Hugh Segrave, 
 bachelors, so as well these nine as the 
 other seven (sic) shall continue council- 
 lors but one year, and not to be chosen 
 during two years after." 
 
 23. " That no gift of the King of any- 
 thing shall be made to any of the said 
 councillors during the said year but by 
 the common assent of all other council- 
 lors, or the most of them; that they 
 take nothing other than meat and drink 
 of small value, upon pain of losing 
 double to the party, and six-fold so 
 taken to the King; and that they main- 
 tain no quarrel; and that the discussion 
 hereof be only to the King, to his 
 uncles of Spain, Cambridge and Bucks." 
 
 47- "An act agreeing with the first 
 part of 23 tit. of this year, saving to the 
 King his regality ; and that act made for 
 councilors, in 50 E. Ill, shall stand." 
 
 SO. "An act that the Chancellor, 
 
 Treasurer, Steward of the King's house- 
 hold and Chamberlain, during the King's 
 minority, shall be chosen by the Lords 
 in parliament, saving the inheritance of 
 the Earl of Oxford in the office of 
 Chamberlain ; so always as if any of 
 these officers die between the parliament, 
 that then the King may name them by 
 the advice of the continual council.'' 
 
 ^Cotton's Abr., pp. 155, 156, Nos. 19, 
 20 and 26. 
 
 1°/^., p. 159, No. 49. "That none 
 being duly deprived out from the coun- 
 cil in the time of E. Ill be any more 
 restored to be about the King's person." 
 Answ. "The King granteth thereto." 
 P. 164, No. HI. "That none of the 
 parliament be appointed collectors of 
 anything granted now." 
 Answ. This " the King granteth." 
 "The marginal notes indicate that ch. 
 i is " Confirmation of Charters and Stat- 
 utes"; ch. ii is that " The peace shall 
 be kept, and equal justice administered " ; 
 iii. Of " Action for prelates against pur- 
 veyors ; iv. Of " Penalties for mainte- 
 nance " ; V. Of " Statutes for officers of 
 the Exchequer ' confirmed " ; debts once 
 
640 Reign of Richard II [tit. v 
 
 In this parliament of i Ric. II, one of the petitions of the Com- 
 mons was that "no suit between any parties be ended before any 
 Lords or others of the council, but before the Justices only"; 
 and the answer was, "The King granteth thereto.'"' But in the/ar- 
 liament there were proceedings of a judicial nature." 
 
 28 and 29. William de Montaciite, earl of Sarum, alleging error 
 in the record of the recovery from him of the land of Denbigh by 
 Roger of Mortimer, earl of March, father to the now earl, "Sir John 
 Cavendish, Chief Justice of the King's Bench, by appointment, 
 brought out the same record into the parliament, there to remain 
 until the next parliament, and a scire facias awarded against" 
 "Edmund, earl of March, then to be there and to abide i'urther 
 order."" 
 
 30 and 31. A case of the "delivery of a ring of gold in the name 
 of seisin.'' 
 
 32. A bill by "William Fitzhugh, citizen and gold-finer of London,, 
 in the name of the poor commonalty of that mystery, against John 
 Chichester and John Balsham, of the same mystery"; whereupon 
 
 paid not to be demanded ; punishment shall not let at large prisoners in execu- 
 of clerk offending; vi. "Villaines and tion; punishment by loss of office; ac- 
 land-tenants withdrawing their services tion of debt at the suit of the plaintiff; 
 under the pretext of exemplifications penalty for confessing a debt to the 
 from the book of Domesday"; and of King to delay another's execution" ; xiii. 
 " confederacies of ■ villaines ; commis- " Malicious indictors for suing in spirit- 
 sions to justices of the peace to enquire ual courts, shall suffer as false appellors 
 thereof; punishment of such villaines under Stat. Westm., 2 (13 Edw. i), c. 
 and their abettors; declaration as to 13; xiv. "In actions for goods taken 
 the said exemplifications " ; vii. " Stat- away on claim of tithes, general aver- 
 utes against maintenance confirmed; ment shall not be received " ; xv. "Pen- 
 punishment for giving liveries for main- alty tor arresting priests during divine 
 tenance ; justices of assize shall enquire service." 
 
 of offences " ; viii. " Protections with Of these chapters the fourth, eleventh, 
 
 the clause volumus, in what case not and twelfth are retained in i ' Statutes 
 
 allowable"; ix. Of "Gifts of lands. Revised,' edi. 1870, p. 219 to 221. 
 goods, &c., in fraud, or for maintenance; ^^ Cotton's Abr., p. 162, No. 87. 
 
 such gifts declared void; disseisees may '^Cotton's Abr., p. 156 to 158. 
 
 recover against disseisors after such '* Subsequent proceedings in the case 
 
 alienation, where they take the profits " ; are in Cotton's Abr., pp. 168, 169, 
 
 X. Pardon in 51 Edw. Ill confirmed; No. 19 to 25; p. 176, No. 31 to 33; 
 
 xi. "No sheriff shall be reelected within p. 184, Nos. 19, 20, 21. 
 three years " ; xii. " Warden of the fleet 
 
CH. XX.] 
 
 1377 TO 1399. 
 
 641 
 
 they " came into the parliament and heard the same ; and for that the 
 said William, upon demand, refused to avow the same bill, he was 
 committed to the Tower." 
 
 After which were cases wherein the charges were of a criminal 
 nature; one being against Dame Alice Ferrers (mentioned in ch. 19, 
 § 54, and § 57, pp. 628 and 635), wherein it was adjudged that " she 
 should be banished and forfeit all her lands, goods and tenements." '* 
 
 2. Jicdges from i to 4 Ric. II. 
 Of the Exchequer : 
 
 Henry de Asty (mentioned in ck 19, § 46, p. 614) remained in the 
 office of Chief Baron of the Exchequer till December 6, 1380" 
 (4 Ric. II), when he was succeeded by Robert de Plesyngtony 
 
 William Gunihorp, Lawrence de Allerthorpe, Henry de Percehay 
 (or Percy) and Nicholas de Drayton^^ also continued on the Exche- 
 
 ^»No. 41 to 43. Upon the record 
 wliich is mentioned as very long, there 
 are the following observations (supposed 
 to be) by Mr. Prynne. It " proveth no 
 such heinous matter against her ; only it 
 showeth that the same Dame was in such 
 credit with E. Ill as she sat at his bed's 
 head, when all of the council and of the 
 privy chambers stood waiting without 
 doors, and that she moved those suits 
 that they dared not; and these two 
 suits, wherefore she was condemned, 
 seemed very honest; her mishap was, 
 that she was friendly to many, but all 
 were not so to her. The record is 
 strange and worthy of sight." Id. 
 At the ensuing parliament there was by 
 "Sir William, of Windsor, and Alice, 
 his wife, late called Dame Alice Fer- 
 rers," a prayer for revocation of the 
 judgment, /a?., p. 177, Nos. 36, 37. The 
 matter was also before parliament in 
 22 Ric. III. Id., p. 373, No. 71. 
 
 '^ Foss's Biogr. Jurid. 
 
 " His name is that of a township in 
 
 41 
 
 the parish of Blaqjcbum, in Lancashire, 
 which was probably his native place. 
 In 50 Edw. Ill, he held an office in the 
 Court of Exchequer, and was appointed 
 one of the custodes of certain property 
 in the town of Lancaster, and of several 
 manors in the neighborhood. Id. 
 
 Mr. Foss alludes to Dugdale's sup- 
 position, that Plesyngton was removed 
 from his seat on the bench on June 27, 
 1 383 ; but does not assent to it. It may 
 be noted that in the parliament of 7 Ric. 
 II, in the Fall of 1383, is this: "The 
 King, by assent of Parliament, confirmeth 
 his pardon made to Sr. Robert de Pleas- 
 ington, so as the same be no derogation 
 to the King's Prerogative." Cotton's 
 Abr., p. 289, No. 63. Yet this may be 
 consistent with Mr. Foss's supposition, 
 that " Plesyngton continued in office 
 without interruption till the tenth year of 
 the reign." Biogr. Jurid. 
 
 '8 As to these four barons see ch. 19, 
 I 47. P- 614- 
 
642 Reign of Richard II [tit. v 
 
 quer Bench after the accession of Ric. 11.'" Allethorpe retained the 
 office of baron during the whole reign. 
 
 Richard Stokes was constituted a baron October 9, 1377 (i Ric. 
 II),™ and retained his seat on the bench till 21 Ric. II. 
 
 King's Bench: 
 
 John de Cavendish (mentioned in ch. 19, § 48, p. 616) was, on the 
 accession of Ric. II, immediately reappointed Chief Justice, with the 
 grant of 100 marks per annum, which had been for some years made 
 to his predecessors.^' Thomas de Ingleby (mentioned in same sec- 
 tion) seems also to have continued in the King's Bench; no new 
 judge being appointed there till towards the end of i Ric. 11."" 
 Robert Tresilian'^ was constituted a justice May 6. 1378."* 
 
 Common Pleas : 
 
 Of those judges (mentioned in ch. 19, § 45, pp. 610-613) '^'^ho con- 
 tinued in the Common Pleas till the end of _ the reign of Edw. Ill, 
 William de Wichingham was not reappointed on the accession of 
 Ric. II; though Spelman {Icetiia, 151,) calls him ' clarissinius nomi- 
 nis illius furisconsulius.''^' Sir Robert de Bealknap retained his 
 place as Chief Justice, and continued in the steady performance of 
 
 ^' Of Gunthorp, the latest mention in died, and was buried in Ripley church, 
 the character of baron is in 9 Ric. II ; where his tomb remains. Of his de- 
 but up to 18 Ric. II, he is recorded as scendants, one was Sir Charles Ingleby, 
 granting lands to the chantry of the a baron of the Exchequer in i588; an- 
 church of St. Wolstan, in Grantham, other was Sir William Ingleby, of Rip- 
 Lincolnshire, and to the chapter of St. ley ; the title under whom becoming 
 Mary, Southwell, in Nottinghamshire. extinct in 1772, was renewed, and after- 
 Foss's Biogr. Jurid. wards held by a kinsman of the family. 
 
 Percehay remained in this office only Foss's Biogr. Jurid. 
 
 until Nov. 26, 1377, when he was re- 23 probably a Cornishman. He was 
 
 moved to the Common Pleas. How long educated at Oxford ; elected fellow of 
 
 Drayton retained the office does not ap- Exeter College about 1354; and in 
 
 pear. Id. Cornwall, where he possessed several 
 
 ^"And appointed auditor of accounts of manors and extensive lands, was, in 43 
 
 the king's bailiwicks in Wales and in Edw. Ill an advocate at the assizes. In 
 
 Cheshire. Id. -. Ric. II he was a king's Serjeant. Id. 
 
 "See/oj^ in \ 7, as to his untimely "^^^ KxA was the only puisne judge 
 
 end in 1381. for four years. Id. 
 
 22 About that time Thomas de Ingleby 25 Poss's Biogr. Jurid. 
 
CH. XX.] 1377 TO 1399. 643 
 
 •his duties in court and in parliament for several years. Roger de 
 Kirketon and Roger de FuUhorpe were also reappointed.''^ 
 
 Then came from the Exchequer into the Common Pleas, Nov. 26, 
 1377, Henry de Percehay (or Percy);" and December 6, 1380, Henry 
 de Asty^ 
 
 J. At Gloucester, in 2 Ric. U, parliament opened by Adam de 
 Houghton, the chancellor ; Sir Richard le Scroop prominent. 
 Statute of this parliament. Its other proceedings ; some being 
 judicial. 
 
 In 2 Ric. II, at Gloucester, in the Great Hall of the abbey, on 
 Thursday, the 21st of October,^ the Lord Bishop of St. David's'" 
 declared the cause of the parliament. It was addressed on the 22d, 
 by Sir Richard le Scroop, steward of the king's household. After 
 which there was a speech by " Sir James Pickering, knight, speaker 
 of the parliament for the Commons " ; wherein, as to what occurred 
 at the time aid was granted in the last parliament, he made a state- 
 ment which was controverted by Sir Richard le Scroop. 
 
 "Thereupon the commons made request to know how and in 
 what manner the same sums were defrayed ; whether some were not 
 therefore indebted; and who should be counsellors and great officers 
 about the King's person for this year." 
 
 Which "Sir Richard le Scroop, by the King's commandment, 
 answered."'^ 
 
 ^Id. On the fines Kirketon' s name until the next day. Cotton's Abr., p. 173. 
 
 ■does not occur beyond July 1380 (4 Ric. ™ As stated on p. 635, in § 57 of ch. 
 
 II) ; but he lived till 9 Ric. II. Ful- 19, Adam de Houghton, bishop of S. 
 
 thorpe -was, knighted in 1385; and fines David's, was in France at the time ot 
 
 continue to be levied before him till mid- King Edward's death. On his return to 
 
 summer, 1387. Id. England he was resworn as chancellor. 
 
 ^' Fines are recorded as levied before His chancellorship lasted only till Octo. 
 
 "him till midsummer, 1380. Id. 29, 1378. Foss's Biogr. Jurid. Mr. 
 
 ^ He acted as a judge of the Common Stubbs (citing Feed, iv, 55,) states that 
 
 Pleas until Hil. T., 1383. Id. " Houghton had to answer to the pope 
 
 *' Parliament was summoned for "the for acts ot violence which he had com- 
 
 Wednesday next after the feast of S, mitted as chancellor." 2 Const. Hist., 
 
 Luke, the Evangelist," being Octo. 20; ch. 16, p. 446, note 5. He died in April, 
 
 then some met "iir the abbey of S. 1389. Biogr. Jurid. 
 
 Peter of Gloucester," and adjourned "Cotton's Abr., pp. 173, 174. 
 
644 Reign of Richard II [tit. v 
 
 Among the petitions of the Commons, with the answers thereto, are 
 the following : 
 
 No. 49. "That no man, by writ or otherwise, be to answer of his 
 freehold before the common council, but only at the cornmon law." 
 
 Answ. " No man shall be forced to answer finally thereunto, pro- 
 vided that all persons shall answer, before the council, of oppres- 
 sions.'"'' 
 
 50. "That the poorer sort of justices of peace in every shire may 
 be removed, and more able in their place." 
 
 Answ. " The chancellor, treasurer and other of the King's council 
 shall, in such cases, appoint the most able."'' 
 
 62. " They require that the justices of the peace may be allowed 
 some certain fees." 
 
 Answ. "Two or three of the justices, such as hold the sessions, 
 shall be only for one year and receive the sixth part of the profits of 
 those sessions."'* 
 
 27 and 28. " The Archbishop of Canterbury came before the King 
 and Lords, and required audience, giving first most lowly thanks for 
 the confirming of the liberties of the Church. He then required that 
 the great villainy done in the abbey-church of Westminster may be 
 revenged, viz : for that Robert Hamley,- Esq., and one other were 
 murthered in the church of Westminster, by the high altar, at high 
 mass time; and so beseecheth that the King may be virtuously 
 brought up in his youth and have good counsel. 
 
 "The Temporal Lords wished for the like bringing up of the King 
 in virtue ; and pray the King that where the clergy hath encroached 
 against the laws, that the same may be redressed. They further say 
 that the judges and learned of the law, and certain doctors of the 
 Divine, Civil and Common Law, being examined and sworn before 
 the King, have thereby affirmed that no man ought to enjoy the 
 sanctuary in cases of debt, account or trespass, but only in cases 
 where the life or member of a man lieth in danger. All which those 
 doctors and clerks did after, in this present parliament, defend and 
 openly prove against the bishops ; whereupon the bishops could not 
 then answer, but required longer day, which was granted." '^ 
 
 No. 34. "The Lady Nevill, of Essex, complaineth and sheweth 
 that where John Brewes and others brake her house at London and 
 violently took thereout Margery, the daughter of John Nerfourd, son 
 to the said Lady, and carried her away unto the house of Robert 
 Howard, Knight; all who kept away the said Margery to the end 
 she should not pursue in court Christian adnullation of contract of 
 matrimony against the said John Brewes. For which cause the 
 said Robert was by the council committed to the Tower; and after 
 delivered surety and promised to do his uttermost to bring forth the 
 
 s^Irf., 178. >'^Id.,l^g. 
 
 S3 U., 178. »5 7a?.^ pp. ,75^ ,76, Nos. 27, 28. 
 
•CH. XX.J 
 
 1377 TO 1399. 
 
 645 
 
 said Margery by Michaelmas ensuing, or else to yield himself to the 
 Tower again." 
 
 35. " The said Robert, at Michaelmas, came before certain of the 
 council, and shewed his travel about the expedition afore, but 
 that he could not meet with her ; to whom the said council gave three 
 •months of longer respite. Notwithstanding, upon the said lady's 
 pursuit, for that the said Robert not bringing forth the said Margery, 
 did not yield himself prisoner to the Tower, the same Robert was 
 therefore committed to the Tower again."'* 
 
 51. "It is enacted that no justice shall stay justice for any writ of 
 the Great or Privy Seal, or other commandment whatsoever; the 
 same being against the law or statutes before that time made."^' 
 
 63. " It is enacted that the statute made in the 14th year of Edw. Ill, 
 xh. 5, touching taking away of delays, shall he observed." "^ 
 
 66. " It is enacted that no man shall be put out of his freehold by 
 any letters-patent granted upon suggestions, unless the same be 
 found for the King by inquest, or by evidence in the King's court." ''^ 
 
 The statute made at Gloucester in 2 Ric. II, is in 2 Stat, of the 
 Realm, p. e.'" 
 
 .4. In 1378, Ocio. 2g, Sir Richard le Scrope became chancellor. > In 
 1379, April 27, he opened parliament. Its statute and other 
 proeeedings. 
 
 The Great Seal was delivered to Sir Richard le Scrope in 1378, 
 
 '8Jd,pp. 176, 177. 
 
 " Id., p. 178. 
 
 38 Id., p. 1 79. The Statute of 14 Edw. 
 J!II, ch. 5, is in the preceding chapter 
 (ch. 19), I 21, pp. 575, 576. 
 
 ''Cotton's Abr., p. 179. 
 
 *" The following is from the margin. 
 Ch. i. " Merchant strangers may freely 
 come and abide within the realm, and 
 buy and sell, in gross and by retail, pro- 
 visions and small wares ; aliens must sell 
 their wines and great wares in gross 
 only ; the retailing thereof in cities and 
 towns to be by their inhabitants alone, 
 notwithstanding any charters ; saving of 
 the franchises of Lords and the ordi- 
 nances of the staple at Calais ; merchants 
 may buy and sell at fairs as heretofore ; 
 penalty for disturbing merchants; and 
 upon ofEcers not punishing disturbers, 
 ii. The Statute 25 Edw. Ill, stat. 3, 
 •^^P- 3i against forestallers confirmed." 
 
 iii. " Merchants of the West may buy 
 staple merchandizes ; finding sureties to 
 carry them to the West or to Calais;" 
 iv. " Mariners leaving the service shall 
 forfeit double wages and be imprisoned 
 one year; the like punishment upon 
 those taking anything to let them go at 
 large." v. " The penalty for telling 
 slanderous lies of the Great men of the 
 realm." vi. " Sundry routs and unlawful 
 confederacies recited ; Statute of North- 
 ampton, 2 Edw. Ill, ch. 3, confirmed ; 
 commissions shall be awarded to arrest 
 and imprision rioters, without indict- 
 ment or other process; the Lords have 
 promised to assist." vii. " Urban 
 VI recognized for Pope." viii. " Stat- 
 ute of Labourers, 23 Edw. Ill, con- 
 firmed." 
 
 Chapter v is retained in 1 " Statutes 
 Revised," edi. 1870, pp. 222, 223. 
 
646 Reign of Richard II [tit. v 
 
 on Octo. 29." As chancellor of England he, in 1379, on April 27^ 
 in the Painted Chamber at Westminster, declared the cause of the- 
 parliament.*^ 
 
 Among petitions of the Commons, with answers thereto, are the 
 following : 
 
 No. 48. "That there be a certain number of justices learned in the 
 law, which may, in every shire, be appointed and chosen by the lords 
 and commons, that none be by them associated ; their sessions to be- 
 holden four times yearly, and there to have fees at the sheriff's 
 hands." 
 
 Answ. " The king will appoint able justices, no association shall be 
 made, no remotion without consent of the coqncil ; two or three of 
 such of them as shall hold the sessions shall have the sixth part of 
 the profit of the same until the next parliament." 
 
 49. "A statute made that such as demand land against the king, 
 and evidence therefore by writ shewn in the treasury, that in such 
 case who sueth for the king, shall, after the return of four writs, 
 (every writ having 40 days' respit) answer." 
 
 Answ. "It is willed to be executed, notwithstanding any com- 
 mandment of the Great or Privy Seal." *^ . 
 
 No. 41. "It is enacted that no sheriff of any county shall be justice- 
 of the peace in the same county." " 
 
 A statute was made at the same session.'^ 
 
 5. Parliament of j Ric. II opened by the chancellor. Sir Rich- 
 ard le Scroop. Its' statute and other proceedings ; some being 
 judicial. 
 
 The cause of the parliament in 3 Ric. II," was declared by "Sir 
 
 *' Foss's Biogr. Jurid. (Ch. iii.) " Debtors who make feigned 
 
 *^ Cotton's Abr., p. 167. The par- conveyances and flee to sanctuary, shall, 
 
 liament -was summoned, for "the Quin- on proclamation, appear to the suits of 
 
 dena of Easter being the 25th of April ;" their creditors; or judgment and execu- 
 
 it -was continued until the next day ; and tion shall be had against their lands and 
 
 from that till the folio-wing day, being goods," &c. 2 Stat, of the Realm, p. 12. 
 
 the 27th. Id. It sat till May 27. ^ At Westminster. It was summoned 
 
 Lord's Rep. i, 495 ; cited in 2 Stubbs's for " Monday next after S. Hilary," 
 
 Const. Hist., ch. 16, p. 447, note 2. being Jan. 17, and was adjourned until 
 
 ■''Cotton's Abr., pp. 171, 172. the next day; the 'Chamber de Pinct' 
 
 **/(/., p. 171. being the place of declaring the ad- 
 
 **The following is in the margin. journment, and the place of meeting of 
 
 (Ch. i.) " Liberties of the church char- the assembly. Cotton's Abr., p. 182. It 
 
 ters and laws confirmed." (Ch. ii.) Stat, sat to March 3. 2 Stubbs's Const. Hist.,. 
 
 2 Ric. II, Stat. I, cap. 6, repealed; Stat. ch. 16, p. 448, note i. 
 
 2 Edw. Ill, ch. 3, confirmed." 
 
CH. XX.J' 
 
 1377 TO 1399. 
 
 647 
 
 Richard le Scroop, Knight, Chancellor of England." He asked for 
 aid to the King, and spoke of the receipts and disbursements." On 
 behalf of the Commons, Sir John Gildesbrough, their speaker, said : 
 
 " That the commons suppose that if the king were reasonably gov- 
 erned in his expenses, within and without the realm, that he should 
 little need to charge his commons, being already much impoverished. 
 And therefore they require the King to discharge the lords of the 
 great council and to appoint about him only five counsellors, being 
 his chief officers, viz : the chancellor, treausurer, keeper of the privy 
 seal, chief chamberlain and the steward of the household, whose 
 names they would know, and that they should not be removed with- 
 out parliament, but for death, sickness or such like causes. Finally he 
 requireth that it would please the king to appoint by commission 
 certain such as should enquire by all means of the king's charges, as 
 well of household as otherwise, and of all his officers beyond the 
 seas, as on this side, and to appoint redress for defaults since his cor- 
 onation."** 
 
 The King appointed such commission.*' In this year there is a 
 statute of parliament (3 Ric. II);*° and during the session there were 
 cases of a judicial nature.''' 
 
 ^Cotton's Abr,, p. 182. 
 
 «iS.,p. 183. 
 
 ^Id., p. 183, Nos. 14, 15. The Com- 
 mons "require that none of the five prin- 
 cipal officers now appointed by par- 
 liament be displaced before the next 
 parliament, without some special fault 
 found in them. The answer is, " The 
 statutes therefore, made in this king's 
 first year, shall be observed.' ' Jd., p. 185, 
 No. 34. 
 
 Also'among petitions and answers on 
 same page (185^ are the following; 
 
 No. 27. " Sundry counties lying upon 
 the sea coasts, by name require that all 
 chieftains of soldiers do recompense the 
 harm done to the subjects by any of their 
 soldiers while they lay for passage over." 
 
 Answ. " The King granteth, so- as the 
 parties do make complaint to such chief- 
 tains before "their departure out of the 
 realm." 
 
 Rot. Pari., 3 R. 2, Nos. 38 and 40, is 
 referred to in 2 Inst., 586. 
 
 50 In 2 Stat, of the Realm, p. 13 to 15. 
 The following is in the margin (of ch. i). 
 " Liberties of the church and laws of the 
 realm confirmed." ii. " Statutes as to 
 the assize of cloths confirmed; penalty 
 on aulneger setting his seal to faulty 
 cloths.'' iii. "Causes why advowsens 
 of benefices were given to spiritual per- 
 sons ; inconveniences of giving benefices 
 to aliens ; former statutes not effectual ; 
 none shall administer or farm benefices 
 in England for aliens; nor shall send 
 money to aliens out of such benefices by 
 bill of exchange or otherwise without 
 the king's license, under the penalties of 
 Statute 27 Edw. Ill, Stat. I, cap. I ; pro- 
 cess against offenders out of the realm to 
 appear in half a year; no bishop, &c., 
 shall meddle by sequestration, &c., with 
 benefices given to aliens." 3 R. 2, Stat. 
 2, c. 3, is referred to in 2 Inst., 586; and 
 is in I 'Statutes Revised,' edi, 1870, 
 p. 223 to 227. 
 
 51 Cotton's Ab., p. 184. 
 
648 Reign of Richard II [tit. '•• 
 
 No. 22. " Philip Darcy, knight, sheweth that whereas King Edw. 
 Ill granted to John Darcy, knight, the reversion of the manors of 
 Temphurst and Templemeston, and to his heirs male, which was the 
 said Philip ; the Prior of S. John of Jerusalem in England, upon the 
 order of 17 E. II, had sued a scire facias where the said Philip 
 prayed in aid of the King as in reversion, and that the said Prior 
 sued in the chancery for a procedendo, which he requireth to be 
 stayed." 
 
 23. "The said Philip showeth a deed in the parliament, whereby 
 the predecessor of the said Prior granted those manors of Flaxfleet, 
 being then in the King's hands, together with the manors of Dennis 
 and Stroud next Rocestre, all being parcel of the lands of the Tem- 
 ple, to King E. II in fee; the which deed the same Prior seemeth to 
 deny. But the same being so shewed before, vias delivered to the 
 Treasurer and barons of the Exchequer as appertaining to the King; 
 and order taken that no proceedings should be granted until Michael- 
 mas after ; that in the meantime search might be made for the King's 
 title." 
 
 24. "John, earl of Pembroke, being in the King's custody, and 
 William la Zouch, of Harringworth, cousins and heirs of WiUiam 
 Cantlow, shew that where Thomas, the son and heir of Sir Robert 
 Roos, of Igmanthorp, sued them for certain lands in the shire of 
 York, which late were the said William's, supposing certain feoff- 
 ments to be made by the said William, without condition, for the 
 advantage of this complaint. hxiAfor that the said Thomas sought 
 to come to the trial of the country which he had corrupted, they 
 required redress and trial by the parliament." 
 
 25. " The matter was committed to Jolui Khevit'^ and John Caven- 
 dish'f Chief Justices, and to Robert Belknap, Chief Justice of the 
 Common Pleas, to examine and make report, who did so at large; 
 whereby it falls out that the said feoffments were made upon condi- 
 tion, as may there appear." 
 
 6. Sir Richard le Scrope succeeded as Chancellof by Simon de Sud- 
 bury, Archbishop of Canterbury, who opened parliament in 
 November 13&0. Its poll tax ; and its statute. 
 
 In 1379, on July 2, Richard le Scrope retired from the chancellor- 
 
 5^ Though Sir John Knyvet (as stated Alianora, the elder daughter of Ralph, 
 
 in ch. 19, \ 52, p. 625,) ceased on the Lord Basset, of Weldon, he left a son, 
 
 nth of Jan., 1376-7, to be chancellor of whose descendants flourished till the 
 
 England, yet he may have attended par- end of the seventeenth century. Foss's 
 
 liament in 3 Ric. II. He was one of the Biogr. Jurid. 
 
 executors of the will of Edw. Ill, dated ^ Sir John de Cavendish (mentioned 
 
 Octo. 7, 1376, and lived several years in ch. 19, \ 48, p. 5l6,) graced the judi- 
 
 after, dying in 4 Ric. II. By his wife, cial bench for ten years. Id. 
 
•CH. XX.] 
 
 1377 TO 1399. 
 
 649 
 
 ship.^* He was succeeded by Simon de Sudbury'" archbishop of 
 •Canterbury. 
 
 Sudbury —y^\v^\h^x he became chancellor July 4, 1379, as sup- 
 posed by Lord Campbell and Mr. Foss, or not until Jan. 27, 1380, as 
 stated by Mr.Stubbs** — opened the parliament at Northampton in 
 4 Ric. IP' and mentioned the necessity of aid to the king; the com- 
 mons, through their speaker, Sir John Oldcrsbicrgh, desired a fuller 
 {declaration of the king's necessity, and what sum total he would 
 require. Whereupon a schedule being dehvered containing partic- 
 ular charges amounting to ^150,000, there was after long debate a 
 ^rant. 
 
 "Of every person, being man or woman, passing the age of 15 
 years, and being no beggar, 12 pence, to be levied of every person of 
 every parish, according to their estate ; so as the rich doth bear with 
 the poor, and that the richest, for him and his wife, be not set above 
 20 shillings, and the most poor, for him and his wife no less than one 
 groat." ^* 
 
 " He resumed military duties in Scot- 
 land under the Duke of Lancaster, and 
 was appointed warden of the Western 
 Marches. Foss's Biogr. Jurid. 
 
 55 The family name was Thebaud, or 
 Tibbald. At the time of his birth, his 
 parents, Nigel and Sarah Thebaud, re- 
 sided at Sudbury, in Suffolk. He as- 
 sumed the name of his native place. 
 Being sent abroad while a 'young man, 
 he distinguished himself in several 
 foreign schools ; and in France took the 
 degree of Doctor of the canon law. He 
 was received with favour by Pope Inno- 
 cent VI, who appointed him one of his 
 chaplains and auditor of his palace ; by 
 which office he is designated in a man- 
 date of King Edward III, July 7, 1358. 
 By the pope's influence he was made 
 chancellor of Salisbury in 1360, and 
 bishop of London in 1361. In 4he ar- 
 rangement of truces and treaties of peace 
 the king^equently required his services 
 while he held this see; and he continued 
 
 to perform such duties after he became 
 archbishop of Canterbury (May 26, 
 1375). While bishop of London he 
 was a munificent benefactor to his native' 
 town ; while archbishop of Canterbury 
 he expended large sums on the cathedral. 
 Id. 
 
 ^ 2 Const. Hist., ch. 16, p. 448, note 3. 
 
 " It was summoned for " the Monday 
 next after the feast of All Saints." On 
 that day, " in a chamber within the 
 Priory at S. Andrews, "the archbishop 
 of Canterbury and chancellor caused the 
 great charter to be read;" and the par- 
 liament was adjourned to meet Thurs- 
 day, on which day the king, accompanied 
 by sundry bishops and some lords 
 temporal, came into that chamber, 
 " whereunto were called the king's jus- 
 tices, Serjeants, advocates and commons." 
 Cotton's Abr., p. 188. This parliament 
 sat till December 6. 2 Stubbs's Const. 
 Hist., ch. 16, ^ 5, p. 448. 
 
 56 Cotton's Abr., p. 189, No. 10 to 15. 
 
650 Reign of Richard II [tit. v 
 
 The only statute made at Northampton in 4 Ric. II. which is in 
 Statutes of the Realm, is that on page 17.*' 
 
 7. In ijSi discontent ; course of the insurgents. Among their out- 
 rages were the murder of Chancellor Sudbury and Chief fustice 
 Cavendish ; both men of high character. Conduct to the Chief 
 fustice of the Common Pleas ; and to jurors and clerks. Of the 
 King s presence of mind; his delivering to the villeins charters 
 of emancipation, and his other steps to crush the revolt. , 
 
 In 1381, prominent causes of discontent were the grievance of vil- 
 lenage ; and constant pressure of taxation ; this last was aggravated 
 by a poll tax, under an enactment bad in itself, and made worse by 
 the manner of its execution ; especially among the tylers,™ a body of 
 artisans."' 
 
 In Essex where sat Robert Bealknap, chief justice of the Common 
 Pleas, riots began in May ; there the rioters are said to have been 
 guilty of atrocious conduct in murdering jurors and and clerks."*^ 
 
 In Kent Wat Tyler joining a priest named John Ball who 'had 
 ben thre tymes in the bysshop of Canterburie's prison ' (Froissart, i. 
 640), and another man called Jack Straw, having on their way to 
 
 ^' In the margin is i. "Vessels of wine, ^'The following Tylers are men- 
 honey and oil imported, shall be gauged ;" tioned : i, Walter Tyler, of Essex; 
 ii. " The king's pardon of escapes of Arch. Cant, iii, 93 ; 2, Wat Tyler, of 
 felons." Maidstone; Stow. Chr., p. 2S4, ' det 
 
 ^'CoUyer's Engl., p. 170, edi. 1775; countee de Kent; Rot. Pari, iii, 175; 
 
 2 Turner's Engl., ch. 5, p. 243; 2 3, William Tegheler, of Stone street; 
 
 Stubbs's Const. Hist., ch. 16, p. 450 to Arch. Cant, iii, 91. 4, John Tyler, of 
 
 458. At Dartford one of the collectors Dartford, whose revenge for the outrage 
 
 had demanded the tax for a young girl, a on his daughter caused the outbreak 
 
 Tyler's daughter. Her mother maintained there; Stow. Chron., p. 284I He is 
 
 that she was under the age required by clearly a different person from Wat 
 
 the statute: the officer was proceeding Tyler, of Maidstone, who is mentioned 
 
 to ascertain the fact by an indecent ex- on the same page. 5, Simon Tyler, of 
 
 posure of her person, when her father Cripplegate; Rot. Pari, iii, 112." 2 
 
 (who had just returned from work) with Stubbs's Const. Hist., ch. 16, p. 456, 
 
 a stroke of his hammer beat out the pote I. 
 
 offender's brains. His courage was ap- ^^ 2 Turner's Engl., ch. 5, p. 244. 
 
 plauded by his neighbours." 4 Lin- But there was no personal injury to 
 
 gard's Engl., ch. 3, p. 175; I Mackin- Chief Justice Bealknap. FosSk Biogr^ 
 
 tosh's Engl., p. 265, of Phila. edi. 1830. Jurid. 
 
CH. XX.] 1377 TO 1399. 651. 
 
 London, stopped at Canterbury, they dismantled the palace of the 
 archbishop. On reaching Blackheath (June 12, 1381) they sent Sir 
 John Newton, the governor of Rochester castle, whom they had 
 forced to accompany them, to the King, then in the Tower of Lon- 
 don, to represent how ill-governed the kingdom had been 'and 
 specially by -the archbysshop of Caunterberie, his chancellor, whereof 
 they wolde have accompt,' and to desire that the King himself would 
 come and hear their complaints. The archbishop on jhat day re- 
 signed the Great Seal into the King's hands, the record saying that 
 he did so 'for certain causes.'*' On the 13th (of June) the insur- 
 geants entered the city of London. 
 
 "Their cry was against the duke of Lancaster and the ministers 
 who held the King in durance, especially the archbishop who was 
 chancellor and the Prior of the Hospitallus Sir Robert Hales, who 
 had recently undertaken the office of treasurer."*' 
 
 "The members of the council saw with astonishment the sudden 
 and rapid spread of the insurrection, and bewildered by their fears and 
 ignorance, knew not whom to trust or what measures to pursue."*^ 
 
 "Early on the morning of the 14th the King rode to Mile End, 
 and by promising to fulfil the wishes of the Essex villeins prevailed 
 on them to return home. As soon as he left the Tower, the Kentish 
 leaders entered, and, after insulting the Princess of Wales and run- 
 ning riot in the royal chambers, murdered the chancellor and treas- 
 urer; an Essex man beheaded the archbishop but the Kentish leaders 
 were aiding and abetting the common outrage and cruelty.** 
 
 " The character of the archbishop, as represented by historians," 
 might be esteemed "such as to make him least liable to popular 
 hatred. He was of a liberal, free and generous spirit, admired for 
 his wonderful parts, for his wisdom, his learning and his eloquence, 
 and revered for the piety of his life, the charity he dispensed and the 
 merciful consideration he universally exhibited." *' 
 
 "On the 15th" (of June) "the King attempted to negotiate with 
 the Kentish men at Smithfield ; there Wat Tyler, elated by the suc- 
 
 ^ Foss's Biogr. Jurid, tit. Sudbury, don bridge. Next day head and body 
 
 edi. 1870, p. 642. were removed for interment to Canter- 
 
 "2 Stubbs's Const. Hist., ch. 16, bury, where they lie on the south part of 
 
 p. 457. the altar of St. Dunstan. Foss's Biogr. 
 
 ^4 CoUyer's Engl., pp. 170, 171, edi. Jurid. 
 '775; 2 Turner's Engl., ch. 5, p. 245; ''While bishop of London he was. a 
 
 4 Lingard's Engl., ch. 3, p. 177. munificent benefactor to his native town. 
 
 "^2 Stubbs's Const. Hist., ch. 16, During the short period that he held the 
 
 p. 458. The head, after being paraded archbishopric of Canterbury he expended 
 
 through the city, was suspended on Lon- large sums on the cathedral, /d. 
 
■652 Reign of Richard II [tit. v 
 
 cess which he had obtained, or perhaps rendered desperate by the 
 consciousness of yesterday's outrage, engaged in a personal alterca- 
 tion with Sir John Newton, whom the rebels had compelled to act as 
 their spokesman. Sir William Walworth, the mayor, thinking the 
 King in danger, struck down the captain of the revolt and the King's 
 servants dispatched him with their swords. Richard's presence of 
 mind saved himself and the state. He rode forward into the threat- 
 ening host of bowmen, declaring himself their king and .captain, and 
 before they parted delivered to them the charters of emancipation 
 which they demanded ; interfering at the same time to save them 
 from the vengeance of the body of knights and men at arms whom 
 the Londoners had at last sent into tlie field. There the head of the 
 revolt was crushed, but in the meantime the more distant shires were 
 in the utmost disorder; at Bury S. Edmund's the Suffolk bondsmen 
 rose on the 15th and murdered the prior of the monastery and Sir 
 John Cavendish, Chief Justice of the Kii^g's Bench." ^ 
 
 In his latter years, Sir John de Cavendish was chancellor of the 
 University of Cambridge ; retaining however the office of chief jus- 
 tice. He is mentioned as without an imputation of having perverted 
 the course of justice or deviated from the path of rectitude when the 
 insurgeants plundered and burned his house; and getting hold of 
 the venerable man, dragged him into the market place of Bury St. 
 Edmunds and there, after a mock trial, ruthlessly beheaded him and 
 in their endeavour to lower him, lowered themselves by their manner 
 of dealing with his remains."^' 
 
 8. In Ju7ie ij8i Hugh de Segrave made Keeper oj the Great Seal; 
 Robert Tresilian ChieJ Justice oJ the King's Bench; a procla- 
 mation as to tenants of lands. Charters of manumission and 
 pardon isstied in Ju7ie were annulled in July ; and parliament 
 called. In August William de Courtney e appointed chancellor. 
 
 In 1381 in June, "the King on the 15th," had closed the court of 
 common pleas";™ on the i6th the Great Seal was placed in the 
 hands of Hugh de Segrave^^ to be held by him as keeper until the 
 
 ^84 Collyer's Engl., edi. 1775, pp. him, he left two sons, a descendant of 
 
 174, 17s, 176; 2 Turner's Engl., ch. 5, one of whom became biographer of 
 
 p. 246 to 253 ; I Mackintosh's Engl., Cardinal Wolsey, to whom he was gen- 
 
 Phila. edi. 1830, p. 266. The passage tleman usher. Foss's Biogr. Jurid. 
 in the text is from 2 Stubbs's Const. '"2 Stubbs's Const. Hist., ch. i5. 
 
 Hist., ch. 16, pp. 458, 459. p. 4S9, note 6. 
 
 69 By his wife, Alice, who died before " First noticed (in the records) by the 
 
CH. XX.] 
 
 1377 TO 1399. 
 
 653 
 
 king could conveniently appoint a chancellor ; till which he performed 
 all the duties pertaining to the office. He was also made treasurer 
 in the room of Robert de Hdles?^ 
 
 On the 22nd Robert Tresilian (mentioned in § 2, p. 642) was pro- 
 moted to the office of Chief Justice of the King's Bench. Now his 
 first duty being as to the insurgents, he accompanied the King to St. 
 Albans, and proceeded there, (it is said) in a way, not deserving of 
 commendation." 
 
 The -King, on the 30th of June, ordered a proclamation that all 
 tenants of land, bond or free, should continue to perform their due 
 and accustomed services ; the charters of manumission and pardon 
 issued on the 15th of June were annulled by him .on the 2d of July. 
 On the 1 6th there was a call for parliament.'* 
 
 confirmation in 43 Edw. Ill of Queen's 
 Philippa's grant to him (styled a knight) 
 for life of the offices of constable of the 
 castle of Brustwyk, and of keeper of the 
 forests of Kingswood and Filwood, in 
 Gloucestershire. (Alb. Rot., Orig. ii, 
 304.) He was, in 46 Edw. Ill, one 
 of the commissioners to treat with the 
 Flemings, and he held the same diplo- 
 matic character in the last year of Ed- 
 ward's reign. (N. Foedera iii, 932, 
 1076.) On the accession of Ric. II, he 
 was selected as one of the king's coun- 
 sel ; in the third year he was appointed 
 steward of the household. (Cal. Rot. 
 Pat., 203.) In that and the following 
 year he was one of the ambassadors to 
 treat with France, and to negotiate the 
 king's marriage with Anne, sister of the 
 emperor. (Rymer vii, 161, 229, 281.) 
 Foss's Biogr. Jnrid. 
 
 '^ In this year Segrave had a grant of 
 the manor of Overhall, in Essex, to hold 
 by the service of making ' wafres,' and 
 attending to the king at his coronation. 
 Id. 
 
 "2 Turner's Engl., ch. 5, p. 253. 
 " He impannelled three jurors of twelve 
 men each. The first was ordered to pre- 
 
 sent all whom they knew to be the chief 
 of the tumult; the second gave their 
 opinion on the presentation of the first; 
 and the third pronounced the verdict of 
 guilty or not guilty. It does not appear 
 that witnesses were examined. The 
 jurors spoke from their personal knowl- 
 edge. Thus each convict was con- 
 demned on .the oaths of thirty-six men." 
 Wals. 276; cited in 4 Lingard's Engl., 
 ch. 3, p. 182, note. " The executions 
 here and in other counties are described 
 as being mos't numerous, and Tresilian's 
 cruelty as having had no parallel till the 
 campaign of Judge Jeffreys, three cen- 
 turies afterwards." Rapin iv, 25, and 
 Newcome's St. Albans 26, are (with 
 Lingard iv, 182,) cited in Foss's Biogr. 
 Jurid. Mr. Foss observes that Tresilian 
 and others " seem to have been con- 
 scious that they had greatly exceeded 
 any warrantable license ; inasmuch as in 
 the parliament of the following Novem- 
 ber an act of pardon and indemnity was 
 deemed expedient for those who had 
 acted ' without due process of the law.' 
 Id. 
 
 "2 Turner's Engl., ch. 5, p. 253; 
 2 Stubbs's Const. Hist., ch. 16, p. 460. 
 
■654 
 
 Reign of Richard II 
 
 [tit. V 
 
 On the loth of August the King appointed William de Courte- 
 neye^^ Chancellor of England, and assented to his election as Arch- 
 bishop of Canterbury. 
 
 p. /w November ijSi, parliavtent opened by William de Courteney, 
 Chancellor of England and Archbishop of Canterbury. In this 
 parliament was the question of manum,ission. During this ses- 
 sion Archbishop Courteney e resigned the chancellorship and was 
 succeded by Sir Richard le Scrope. Statute passed. A commis- 
 sion to enquire as to abuses and promote reform. Of Richard's 
 marriage to Anne of Bohemia ; and the general pardon granted 
 at her request. 
 
 There was an adjournment from the day for which Parliament was 
 called in 5 Ric. II (1381).'^ On Saturday, the ninth day of Novem- 
 ber, "the King being in Parliament, and the Council being called by 
 their names, William Cant^'' elect and confirmed Chancellor of Eng- 
 
 '5 Grandson of Hugh de Courteneyc, 
 earl of Devon, being fourth son of Hugh 
 the second earl, by Margaret, daughter 
 of Humphrey de Bohun, earl of Here- 
 ford, and Elizabeth, a daughter of Ed- 
 ward I. He was born at Exminster 
 about 1327, was educated at Oxford, 
 where he took the degree of Doctor of 
 Civil law, and was afterwards chancellor 
 of that university. Soon he had rich 
 benefices, among which were prebends 
 at Exeter, Wells and York. He was 
 elevated to the bishopric of Hereford in 
 1369, and thence translated, in 1375, to 
 London. . Towards the end of Edward's 
 teign, when Bishop Courteneye, in obe- 
 dience to the Pope's mandate, sum- 
 moned John Wickliffe to be .examined) 
 he was attended by John of Gaunt, Duke 
 of Lancaster, to St. Paul's church. 
 There some violent words between the 
 duke and the bishop ended in an un- 
 seemly threat on the duke's part. The 
 assembled people as yet cared little for 
 the religious question, but fancying their 
 bishop in danger, prepared to defend 
 him, and by their clamour compelled the 
 duke, who was no favorite with them, to 
 
 retire. The populace outside, excited 
 by other reports, joined in the outcry, 
 and the ferment was not appeased till 
 they had broken open the Marshelsea 
 prison, ransacked the duke's house on 
 the Savoy, and contemptuously dragged 
 his arms through the streets. Foss's 
 Biogr. Jurid. 
 
 '6" The day after All Souls." 'AH 
 Souls' day' being Nov. 2; and that in 
 5 Ric. II, falling on Saturday, there was 
 an adjournment first to Monday, then to 
 Tuesday, and then to Wednesday. " On 
 which Wednesday for that great debate 
 rose between the Duke of Lancaster 
 and the Earl of Northumberland, so as 
 great force of arms, men and archers, 
 armed in warlike manner on both sides, 
 came to the parliament, whereof great 
 complaint being made to the king, the 
 king, with his council and nobles, were 
 much busied to appease the same; the 
 king therefore adjourned the same par- 
 liament till Saturday after." Cotton's 
 Abr.,p. 195. 
 
 " William de Courteney, Archbishop 
 of Canterbury. 
 
■CH. XX.] 1377 TO 1399. 655 
 
 land, began to declare the cause of the Parliament"; making his ora- 
 tion 'in English^ The Monday (or Wednesday) after, Sir Hugh 
 -Segrave, Treasurer of England, by the King's commandment 
 declared the especial cause; stating, among other things, that in the 
 'horrible tumults' the King "was enforced to grant manumissions to 
 the bondsmen and others of the Realm, as on them having kingly 
 power, under the Great Seal of England ; the which he knowing to 
 be done against law, willed them to seek remedy accordingly due for 
 the confirmation or revocation thereof."'^ 
 
 Chancellor Courtney may have "wished so far to observe the 
 agreement with the rustics as to introduce some amelioration into 
 their condition."" He is represented "as having a noble presence 
 and courtly manners, with the learning fit for his position, a clear 
 and acute understanding,- and" as being "a favorite with the monks 
 of his cathedral." '^ Yet one of the petitions of the Commons was 
 "that the most wise and able man in the realm may be chosen chan- 
 cellor, and that he seek to redress the enormities of the chancery." " 
 Whatever may have been the cause, certain it is that the rest of the 
 proceedings at this session were led not by Courteneye, but by Sir 
 Richard le Scrope ; and Sir Richard is spoken of on Nov. 18 as Hors 
 novellement crees en Chancellor d' Engleterre!^ 
 
 Nov. 18 the Commons came into the Parliament to present Sir 
 Richard Walsgrave, knight, whom they had chosen their speaker," 
 and through him "required a more full declaration of the King's 
 meaning." * 
 
 '* Wishing them thereof to have due ney's liberal donations, among others to 
 
 consideration," he " wished the Com- the church of Exminster, his native 
 
 mens to depart to their accustomed place town ; he had restored the church, of 
 
 within the abbey of Westminster. Cot- Mepham, and entirely rebuilt Maidstone 
 
 ton's Abr., pp. 195, ig6. church. To his Cathedral church he 
 
 ™2 Stubbs'.s Const. Hist., ch. 1 6, gave rich presents, besides contributing 
 
 p. 461. largely to the erection of the Nave. He 
 
 *• (Godwin, 120, 186; Weever, 225, died at his palace at Maidstone on July 
 
 285.) Foss's Biogr. Jurid. 31, 1396. There is an epitaph on his 
 
 '■'Cotton's Abr., p. 197, No. 20. grave-stone, in Maidstone church, where 
 
 ''2 Stubbs's Const. Hist., ch. 16, he was buried, and a monument to his 
 
 p. 462, note I ; also Foss's Biogr. Jurid. memory in his Cathedral church. Id, 
 Mr. Foss speaks of Archbishop Court- ^s Cotton's Abr., p. 196. 
 
656 
 
 Reign of Richard II 
 
 [tit. y 
 
 "The King;, therefore, appointed Sir Richard le Scrope, knight, 
 and created chancellor, to do the same, who did so, and namely,, 
 touching the repeal of the manumissions made to the bondsmen." 
 
 Whereto all the Commons cried with one voice that the " repeal 
 "was good and lawful; adding that such infranchisement could not 
 pass without their consents; and so upon the prayer of the Com- 
 mons, the same.reoeal was by assent confirmed.'"** 
 
 After the words on page 655, mentioning Richard le Scrope as ' lors 
 novellement crees en Chancellor d' Engleterre' Mr. Foss says: 
 
 " It is curious, however, that according to the record on the close 
 roll. Bishop Cotirteneye, the late chancellor did not give up the Seal 
 till November 30, and Richard le Scrope did not receive it till 
 December 4. Thus was he a second time chancellor."*^ 
 
 Parliament had to deal not only with villenage, but also with 
 the general administration.*^ The statute made at Westminster in 
 5 Ric. II, is in 2 Stat, of the Realm, p. 17 to 23."' 
 
 ^ Id., p. 196. "Both Lords and 
 Commons unanimously replied that no 
 man could deprive them of the ser- 
 vices of their villeins vifithout their con- 
 sent; that they had never given that 
 consent and never would be induced to 
 give it either through persuasion or vio- 
 lence." 4Lingard's Engl., ch. 3, p. 183. 
 
 ^^Biogr. Jurid. 
 
 * Cotton's Abr., p. 197, No. 19, 20, et 
 seq. No. 20 is cited in Legal Judic. in 
 Ch., edi. 1727, p. 14. Hall. Mid. Ages, 
 ch. 8, part 3, Phila. edi. 1824, pp. no, 
 III. 
 
 8' The follovping vrords ?re in the mar- 
 gin of the respective chapters, i. " Lib- 
 erties of the church and charters and 
 statutes confirmed." ii. "Exportation of 
 gold and silver forbidden, except for 
 payment of the King's forts beyond sea 
 and by the King's license, by exchanges 
 in England to pay beyond sea. Penalty 
 on merchants exporting gold or silver 
 under colour of exchanges. None shall 
 depart from the realm without the King's 
 license ; exceptions - thereto ; ports for 
 embarking ; the penalty of the master of 
 
 the ship offending ; the penalty of search- 
 ers or wardens of ports offending." iii. 
 " No subject shall import or export mer- 
 chandizes but in ships of the King's 
 legeance." iv. "Prices of several sorts, 
 of wine to be sold in gross or by retail ; 
 upon refusal of the merchant to sell, 
 mayors, &c., may deliver to the buyer 
 the wines at the prices set; allowance of 
 extra price for carriage; sweet wines 
 shall not be retailed." v. " The King's 
 pardon to those that repressed or pun- 
 ished his rebels." vi. " All manumis- 
 sions, releases and bonds made, in the 
 last tumults, by compulsion, shall be 
 void; treason to begin a riot and ru- 
 mour." vii. " Forcible entries forbid- 
 den." viii. " A remedy in case of 
 writings burned in the said tumults." 
 ix. " Defendants in the Exchequer may 
 plead and sue their discharge without 
 the King's writ or letter." x. " Imprest 
 accounts in the Exchequer of persons 
 retained to serve the King in his wars or 
 embassies; covenants for such service 
 shall be in writing and sent into the Ex- 
 chequer, and likewise the repeals and 
 
CH. XX.] 
 
 1377 TO 1399. 
 
 657 
 
 A commission for reform of the household, to begin with the per- 
 son of the King himself,^ was elected with John of Gaunt at its 
 head.^' In William of Wykeham confidence was evinced by his 
 being appointed one of the commissioners to enquire into abuses, 
 and to investigate the causes of the recent insurrections.'" 
 
 Michael de la Pole^^ in- 1383, went to Rome, to the King of the 
 Romans and Bohemia, to treat fo? the marriage of King Richard with 
 Anne, sister of King Winceslaus. On her way to England she was 
 taken prisoner; but her release was obtained;*' and in her sixteenth 
 year she was " married to the King in the chapel of the palace of 
 Westminster, the twentieth day after Chrtstmas." After being some 
 days at Windsor, they returned to London : there she was crowned ; 
 
 countermands thereof; sums due ta such 
 persons shall be paid on certificate 
 thereof." xi. "For the shortening Ex- 
 chequer accounts." . xii. " Two clerks 
 of accounts sworn in the Exchequer." 
 xiii. " Accounts of nihil shall be dis- 
 eiarged on oath of accountants." xiv. 
 "The clerk of the Pipe and Remem- 
 brancers shall be sworn in the Ex- 
 chequer to execute writs for discharges 
 and shall certify to each other the re- 
 spective discharges." xv. "Upon any 
 judgment of livery sent into the Ex- 
 chequer, the remembrancer shall dis- 
 charge the party." xvi. "Fees of clerks 
 for commissions, &c." 
 
 Chapter vii is retained in I ' Statutes 
 Revised,' edi. 1870, p. 227. 
 
 ^ " The king appointed sundry bishops, 
 lords and nobles to set in privy council 
 about these matters, who, since that they 
 must begin at the head, and go at the 
 request of the Commons, they, in the 
 presence of the king, charged his con- 
 fessor not to come into the court, but 
 upon the four principal feasts." Cot- 
 ton's Abr., p. 196. It is stated that 
 "the Commons had prayed that he 
 might be removed from his ofiice." 
 2 Stubbs's Const. Hist., ch. 16, p. 462, 
 42 
 
 note 3. 
 
 8» 2 Stubbs's Const. Hist., 462. 
 
 '" Foss's Biogr. Jurid. 
 
 '• He, long before the death of his 
 father, William de la Pole (mentioned in 
 ch. 19, \ 13, p. 556), was engaged in the 
 French wars; in 135S, in the retinue of 
 Henry, duke of Lancaster, and, in 1359, 
 accompanying the Black Prince. (TV. 
 Fadera iii, 443.) His commission, in 
 50 Edw. Ill, as admiral of the king's 
 fleet in the northern seas, was renewed in 
 I Ric. II. [Ibid.; Rymer vii, 172.) 
 In 2 Ric. II, his talents in diplomacy 
 were tried in two missions, one to the 
 court of Rome, and the other to treat for 
 a marriage between King Richard and 
 Catherine, daughter of Barnabo, ' Lord 
 of Millaine,' which was not successful. 
 In the parliament of 5 Ric. II, he was 
 appointed one of the counsel to regulate 
 the household. (Rot. Pari, iii, 104.) 
 Foss's Biogr. Jurid. 
 
 82 Michael de la Pole, in Jan., 1384, 
 received a payment of ;£933, ids. 8d. for 
 his expenses in going to the court of 
 Rome to treat for the marriage, and for 
 the money paid for her release ; Id. ; 
 citing Devon's Issue Roll, 224. 
 
658 
 
 Reign of Richard II 
 
 [tit. V 
 
 and "at the young queen's earnest request a general pardon was 
 granted by the King."^^ 
 
 10. Parliament of May 1382 opened by Sir Richard le Scroop, 
 Chancellor. Its statute in 5 chapters. Lord Coke's observa- 
 tions upon. the fifth chapter; extraordinary commissions con- 
 templated to emanate from the Chancellor ; despotic powers 
 might be exercised thereunder.' 
 
 In 5 Ric. II, parliament was summoned to "Wednesday next after 
 John Port. Latin ;^' and adjourned until Thursday. On that day 
 (May 7, 1382),"* "Sir Richard le Scroop, knight, Chancellor of Eng- 
 land," declared for what the Parliament was called."" 
 
 The King's mandate, dated at Westminster the twenty-sixth day 
 of May," promulgates what is called "Ordinances and agreements 
 made in the Parliament"; and also called "Statute the second."'* 
 It is in five chapters.'" The enactment of the fifth is said to have 
 
 M Froissart's Chronicles, N. Y. edi. 
 1858, p. 295 ; Cotton's Abr., p. 198, No. 
 15; 4 Lingard's Engl., ch. 3, p. 185; 
 Miss Strickland's Queens of Engl., vol. 2, 
 p. 209, of Phila. edi. 1857 ; 2 Stubbs's 
 Const. Hist., ch. 16, p. 462. 
 
 ^* Cotton's Abr., p. 193. The day of 
 " St. John, before Latin Gate," is May 6. 
 
 ^» " The king, with sundry bishops and 
 lords, came into the Chamber de Pinct 
 at Westminster, whereunto all the Com- 
 mons by name were called." Cotton's 
 Abr., p. 193. 
 
 '^ Id. The king wanting ' three score 
 thousand pounds,' merchants were con- 
 ferred with, and the Commons made 
 relation to the lords, " That the mer- 
 chants fearing the example of Michael 
 de la Pool and other merchants, who in 
 the like shifts were undone, and yet had 
 but little gain, doubted to do the same." 
 Id., pp. 193, 194, No. II ; 4 Lingard's 
 Engl., ch. 3, pp. 184, 185, note. 
 
 " The parliament sat from May 7 to 
 May 22, and its acts were promulgated 
 on the 26th. 2 Stubbs's Const. Hist., 
 
 ch. 16, p 465. 
 
 ^ 2 Stat-, of the Realm, p. 23 to 26. 
 
 ^In the margin of the chapters is— 
 i. " Merchant strangers may freely come 
 into, continue in and depart from the 
 realm." ii. Wood, leather and woodfels 
 may be exported except to France; 
 abatement of half <i mark to such as 
 will pay before hand; no repeal or 
 countermand of immunity shall be made 
 after such payment; the subsidy to be 
 applied in defence of the realm, &c." 
 iii. " Offer of mariners to serve at sea; 
 grant of tonnage and poundage ; produce 
 thereof to be applied to the safe-keeping 
 of the sea; collectors thereof; comptrol- 
 lers; the mariners shall divide their 
 gains ; the admirals shall save harmless 
 the king's allies." iv. " Every one shall 
 obey his summons to parliament ; penalty 
 on sheriffs omitting returns of writs to 
 parliament." v. " Enormities ensuing 
 the preaching of heresies; conrimissions 
 shall issue to arrest such preachers." 
 
 Chapter iv is retained in I ' Statutes 
 Revised', edi. 1870, pp. 228, 229. 
 
CH. XX.] 1377 TO 1399. 659 
 
 been urged by the ex-chancellor, Archbishop Courteneye, for ttie 
 purpose of repressing doctrines which Wyckliffe's supporters were 
 spreading at Oxford and in the country at large."" As to that fifth 
 chapter, the statement in Cotton's Abr.'"^ is supported by Ld. Coke's 
 observations : '™ 
 
 "There was a statute supposed to be made in 5 R. II, that com- 
 missions should be by the Lord Chancellor made, and directed to 
 sheriffs and others, to arrest such as should be certified into the chan- 
 cery, by the bishops and prelates, masters of divinity, to be preach- 
 ers of heresies and notorious errors, their fautors, maintainers and 
 abetters, and to hold them in strong 'prison until they will justify 
 themselves to the law of holy church. By colour of this supposed 
 act, certain persons that held that images were not to be worshipped, 
 &c., were holden in strong prison until they (to redeem their vexa- 
 tion) miserably yielded before these masters of divinity to take an 
 oath, and did swear to worship images,, which was against the moral 
 and eternal law of Almighty God. We have said (by colour of the said 
 supposed statute, &c.,) not only in respect of the said opinion, but in 
 respect also that the said supposed act was in truth never any act of 
 parliament, though it was entered in the rolls of the parliament, for that 
 the commons never gave their consent thereunto. And therefore in 
 the next parliament, the commons preferred a bill reciting the said 
 supposed act, and constantly affirmed that they never assented there- 
 unto, ,and therefore desired that the said supposed statute might be 
 aniented and declared to be void : for they protested that it was 
 never their intent to be justified, and to bind themselves and their 
 successors, to the prelates, more than their ancestors had done in 
 times past. And hereunto the king gave his royal assent in these 
 words : Y pleist au roy. And mark well the meaning of the pen- 
 ning the act; for seeing the commons did not assent thereunto, the 
 words of the act be ' It is ordained and assented in this present par- 
 liament, that,' &c. And so it was, being but by the king and the 
 lords." 
 
 After stating how, in ancient times, acts of parliament were en- 
 grossed, sent to sheriffs of counties and proclaimed therein, and how 
 in 5 Ric. II 'John Braibrok, bishop of London, being Lord Chancel- 
 lor of England,' caused the ordinance of the king and lords to be 
 proclaimed as an act of parliament. Lord Coke says: 
 
 " But in the parliamentary proclamation of the acts passed in a^mo 
 
 ™3 Stubbs's Const. Hist., ch. 19, p. 67 to 90. 
 p. 355. An account of "proceedings "' P. 194, No. 17; p. 285, No. 52. 
 
 against John Wickliffe" is in i State Tr., 1°^ 12 Rep., pp. 57, 58. 
 
660 Reign of Richard II [tit. v 
 
 6 R. II, the said act of 6 R. II, whereby the said supposed act of 
 
 5 R. was declared to be void, is omitted: and afterwards the said 
 supposed act of 5 R. II was continually printed, and the said act of 
 
 6 R. II hath, by the prelates, been ever, from time to time, kept from 
 the print."'™ 
 
 II. Sir Richard le Scrope's honesty. In 1382, July, the Great Seal' 
 delivered to the King, and then to Commissioners. In September 
 Robert de Braybroke became Chancellor^. His part hi parlia- 
 ments of October 1382, and February 1383. David Hannemere^ 
 judge in that mo7ith. Braybroke reinoved from, the chancellor- 
 ship in March. 
 
 Sir Richard le Scrope did not remain chancellor the whole of 1382^ 
 
 "His straightforward honesty inducing him to remonstrate with 
 his royal master against giving inconsiderately away the lands that 
 fell to the crown. The King, incensed at the interference of his min- 
 ister, is said by Walsingham to have sent messenger after messenger 
 to demand the Great Seal, which the chancellor refused to give up to 
 any other person than the King himself The entry on the record 
 seems to support this relation and plainly evidences a hasty proceed- 
 ing. It alleges that the King being desirous that Scrope should be 
 exonerated from the office, the Seal was delivered up to him ut 
 debuit, and though he was not as yet provided with a chancel- 
 lor ; but being unwilling that the affairs of the kingdom should be 
 retarded for want of a seal, he delivered it to certain commissioners, 
 to be kept at his will. This occurred on July 11, 1382."™ 
 
 The commissioners were, at first, Hugh de Segrave^"' William de 
 
 '™ 3 Inst., 40, 41. " Or, rather by the sixty years of age, he exhibited no dimi- 
 
 craft cf the bishops and the then chan- nution of his military ardour, but was 
 
 cellor." 12 Rep. 58. As to important present with his old patron, the Duke, 
 
 facts so stated in volumes of Cotton and at the capture of Edinburgh in 1384, and 
 
 of Coke, there are concurring statements joined King Richard's expedition against 
 
 in'4 Collyer's Engl., p. 214; 2 Hume's Scotland in the following year. His 
 
 Engl., ch. I, pp. 320, 321; I State Tr., controversy with Sir Robert Grosvenor, in 
 
 p. 87; 2 Hall. Mid. Ages, ch. 8, part 3, the Court of Chivalry, is mentioned by 
 
 Phila. edi. 1824, p. 131; 2 Stubbs's Mr. Foss as "the subject of a most in- 
 
 Const. Hist., ch. 16, p. 470, note 2; teresting work by the late Sir Harris 
 
 Green's Short Hist., ch. 5, § 5, p. 273; Nicolas." During the remainder of 
 
 Hist, of Engl. Peop., book 4, ch. 4, Richard's reign, Scrope was a regular 
 
 vol. I, p. 495. attendant on his parliamentary duties." 
 
 1"* Foss's Biogr. Jurid. The king's Biogr. Jurid. 
 irritation, however, seems soon to have '"^ Mentioned in \ 8, p. 652. Segrave 
 
 subsided, since Scrope was, in the same continued treasurer till Jan. 17, 1386, 
 
 year, appointed to negotiate a truce with about which time he died. Foss's 
 
 Scotland. Although between fifty and Biogr. Jurid. 
 
■CH. XX.] 
 
 1377 TO 1399. 
 
 661 
 
 Dighton?^ and/oAn de Waltham^'" but Walter de Shirlawe^"^ having 
 in this year succeeded Dighton as keeper of the Privy Seal, was on 
 the 8th of August added to the commission, and with the other 
 three had custody of the Great Seal from that day to September 20, 
 i382/<« 
 
 The name of the next Lord Chancellor was not John Braibrook, 
 as printed in 3 Inst., 4, but was Robert de Braybroke™ He was 
 appointed chancellor Sept. 9, 1382 (6 Ric. II), but did not receive the 
 Seal till the latter part of the month."' 
 
 The causes of the parliament at Westminster in 6 Ric. II (1382), 
 October,"'' were pronounced by " the Bishop of London, Chancellor 
 of England," and the next day mentioned by " the Bishop of Here- 
 ford.""' This parliament sat " from Octo. 6 to Octo. 24.""* As to 
 
 "* In 47 Edw. Ill, his name as canon 
 of St. Paul's, London, is attached to the 
 treaty with the King of Portugal. In 
 48 Edw. Ill, when granted letters of 
 protection to accompany the Duke of 
 Brittany abroad, he is called 'clericus;' 
 and described as 'alias dictus Williel- 
 mus Marmoyn.' In the early part of 
 the reign of Ric. II, he was made keeper 
 of the Privy Seal; after leaving this 
 office, and as late as 9 Ric. II, he is 
 still called canon of St. Paul's. Id. ' 
 
 !»' Keeper of the Rolls. 
 
 ™ According to tradition he was son 
 of a sieve maker, and was born at Swine, 
 in Holderness, Yorkshire. Educated at 
 Durham College, Oxford, he took the 
 degree of Doctor in Laws, or, as he is 
 frequently called, ' Decretorum Doctor.' 
 It is inferred that he was one of the 
 clerks in chancery, as he is named a re- 
 ceiver of petitions in the parliament of 
 Jan., 1377, a function usually assigned 
 to that class of officers. He held the 
 same position in the first four parliaments 
 of Richard II. As was usual with chan- 
 cery clerks, he soon received ecclesiasti- 
 cal dignities. He was made dean of 
 St. Martin's, in London, and held that 
 rich benefice on April 26, 1377, when he 
 
 A" 
 
 was sent by King Edward as one of the 
 ambassador? to France. (iV. Fcedera iii, 
 1076.) In the beginning of the next 
 reign he was in other dii."lomatic mis- 
 sions. (Rymer vii, 223, 229.) About 
 1381 he became treasurer of Lincoln and 
 archdeacon of Northampton, and soon 
 after archdeacon of the East Riding of 
 York. Foss's Biogr. Jurid. 
 
 ""A descendant of Henry de Braybroc 
 mentioned in ch. 15, \ 8, pp. 289, 290, 
 and \ 10, p. 292. Robert was a younger 
 son of Sir Gerard Eraybroke (who died 
 in 1359) by his wife Isabella. Edu- 
 cated for the church, he successively be- 
 came a. canon of Lichfield, archdeacon 
 of Cornwall in 1376, dean of Salisbury 
 in 1380, and bishop of London Sept. 9, 
 I38i,%s successor of William de Court- 
 neye. Foss's Biogr. Jurid. 
 
 '''' It was summoned for " the Monday 
 in the Octaves" (or Utas) "of Saint 
 Michael," and adjourned until Wednes- 
 day. Cotton's Abr, ,281. The day of St. 
 Michael is September 29. 
 
 "'Cotton's Abr., p. 281. 
 
 "»2 Stubbs's Const. Hist., ch. 16, p.j. 
 465, note I. 
 
662 
 
 Reign of Richard II 
 
 [tit. V 
 
 ' Statute the first,' "^ the mandate of the King is dated the twenty- 
 sixth day of October."' 
 
 " Master Robert Braybrock, bishop of London and Chancellor of 
 England," declared the cause of the parUament at Westminster in 
 February, 6 RicII (1382-3).'" 
 
 " After the Commons had debated two days of the same charge, 
 they besought the King to asssign to them certain Lords there 
 named to consult jvith them, which was granted." "' 
 
 After which there was long deliberation;"' and there was made 
 the statute called ' Statute the second ' in 6 Ric. II."° . 
 
 "5 2 Stat, of the Realm, p. 26 to 30. 
 
 ''^ Id. In the margin of chapters are 
 the following words as to their nature, 
 i. Liberties of the church, &c., con- 
 firmed, ii. Action of debt and account 
 shall be brought in their proper counties, 
 iii. How writs of nuisance called vicon- 
 tiels shall be pursued, iv. " Exemplifi- 
 cations of enrollments of deeds destroyed 
 in tumults shall be of the same force as 
 the originals." v. Justices of assize, &c., 
 shall hold their sessions in principal 
 towns. vi. "Where after rape the 
 woman consents, both parties shall be 
 disabled to take by inheritance, dower 
 or jointure ; the husband or next of kin 
 may prosecute for the rape; defendants 
 may not wage battle ; saving of escheats." 
 vii. "Statute 5 Ric. II, st. i, cap. 4, re- 
 cited; sweet wines may be sold by re- 
 tail." viii. Statute 5 Ric. II, st. i, cap. 
 3, recited ; where no English ships are 
 to be had, merchants may bring or carry 
 forth their merchandizes in other %hips." 
 ix. " No victualler shall exercise a judi- 
 cial place in any city or corporate town." 
 X. " Aliens in amity with the King may 
 bring in victuals and sell them." xi. 
 " Hosts in cities, towns, &c., on the sea 
 coasts shall not forestall fish or other 
 victuals"; fish mongers of London may 
 not buy fresh fish to sell again except 
 ^eels, &c." xii. " All chief officers of 
 towns corporate shall be sworn to ob- 
 
 serve the aforesaid ordinance of victual- 
 ers " ; xiii. " The King's pardon to his 
 subjects after the late insurrection; ex- 
 ceptions." 
 
 Chapter ii is retained in I Statutes Re- 
 vised, edi. 1870, p. 229. 
 
 1" The Parliament was summoned for 
 "the Monday in the third week in Lent" 
 being the 24th of February; and ad- 
 journed to the next day; being that 
 whereon the chancellor declared the 
 cause. Cotton's Abr., pp. 286, 287. 
 
 ^1*" Albeit it were at the election of 
 the King to assign these Lords or others 
 at his pleasure." Id., p. 287. Rot. 
 Pari. 5 R. II, p. 100, 6 R. II, Sess. i,p. 
 134 and p. 135, are remarked on in Hall 
 Mid. Ages, ch. 8, part 3, Phila. edi. 1824, 
 p. 113. 
 
 115 After long deliberation of the Com- 
 mons they " came into the parliament 
 before the king's presence and the lords, 
 when Sir James Pickering, knight, then 
 speaker," " spake not by way of coun- 
 sel, but to show their advice : whereto, 
 for the king was said, a little di6Ference 
 to be between counsel and advice." 
 Cotton's Abr., pp. 287, 288. Mr. Stubbs 
 mentions that this parliament " sat from 
 Feb. 23 to March 10." 2 Const. Hist., 
 ch. 16, p. 465, note 2. 
 
 120 2 Stat, of the Realm, pp. 30, 31. 
 The marginal statement is — -i. " Liberties 
 of the church and charters confirmed. 
 
CH. XX.J 
 
 1377 TO 1399. 
 
 663 
 
 In 1383 David Hannemere^"^^ was constituted a judge of the King's 
 Bench on Feb. 26."' 
 
 Braybroke was removed from the chancellorship on March 10 
 (1383); the record delicately suggesting that he ' desired with great 
 earnestness to be removed from the office.'"' 
 
 12. In 1383 Michael de la Pole made Chancellor, in March; occu- 
 pied in parliameyit in October. Statute then made ; its operation, 
 upon a trust or use for an alien. 
 
 Michael de la Pole (mentioned in § 9, p. 657), was constituted 
 Chancellor of England March 13, 1383."* 
 
 "In 7 Ric. II (1383), in October,"* 'in the chamber de pinct, at 
 Westminst.,' 'Sir Michael de la Poole, Knight, being Chancellor, 
 began first to excuse his unworthiness to that place, and declared 
 
 ii. "Statutes of purveyors confirmed." 
 iii. "The pardon granted in the prece- 
 ding parliament confirmed ; the men of 
 St. Edmund's Bury shall sue their par- 
 dons specially." iv. " Action for tres- 
 passes done in the insurrection limited." 
 V. " Defendants in such a«tions may 
 purge themselves by compurgators prov- 
 ing compulsion." 
 
 "'Grandson of Sir John Mackfel, 
 constable of Carnarvon castle in the 
 reign of Edw. I, who assumed the name 
 of Hannemere from the town so called 
 in Flintshire; which belonged to him. 
 David appears as an advocate in the 
 Year Books from 45 Edw. Ill ; and, on 
 the accession of Ric. II, was appointed 
 one of the king's Serjeants and ' narra- 
 tor' in all the courts. Foss's Biogr. 
 Jurid. 
 
 "2 And from that time till the parlia- 
 ment of October, 1386, was among the 
 triers of petitions. He died in 1387, 
 before October 25, and probably before 
 August 25. He had besides a daughter 
 Margaret, who married the renowned 
 Owen Glendower, two sons, Griffith and 
 Jenkin, from the latter of whom sprang a 
 
 succession of knightly descendants, em- 
 bracirig Sir Thomas Hanmer, who was 
 speaker of the House of Commons in the 
 reign of Queen Anne, and distinguished 
 by his edition of Shakspeare's works. Id. 
 
 123 Xhe remainder of his life, which 
 extended till August 27, 1404, was de- 
 voted to his episcopal duties. He was 
 buried in his own cathedral. His body 
 was seen in 1666, after the fire in Lon- 
 don, when St. Paul's was burnt. Pepys 
 in his Diary, under date of Nov. 12, 
 states that he " did stop (the Duke of 
 York being just going away from seeing 
 of it) at Paul's, and in the Convocation- 
 House yard did there see the body ;" 
 that by some it was ' admired for its 
 duration,' and there were ' many flock- 
 ing to see it.' Mr. Foss refers to ' Notes 
 and Queries' (2d s. iii, 186,) for 'a 
 curious account of its subsequent mutil- 
 ation.' Biogr. Jurid. 
 
 124 Foss's Biogr. Jurid. 
 
 125 (1 The parliament was summoned 
 for " the Monday next before the feast 
 of all Saints," being October 25, and 
 was adjourned until next day. Cotton's 
 Abr,, p. 290. 
 
664 Reign of Richard II [tit. v 
 
 that he was forced thereto, which done, he sheweth the cause of the 
 ParHament.""' 
 
 On the 1 6th of November "proclamation was made that all such 
 as had received any money beyond the seas, of the enemy, or of 
 any other, for any cause other than for due wages, should the next 
 day bring the same into the Chancery, or else to be taken as trait- 
 
 There being grave accusations against several, the Chancellor was 
 much engaged in discussion during the remainder of the session. 
 Supporting charges against the Bishop of Norwich as military com- 
 mander, the Chancellor concludes thus: 
 
 " Although the King might pass on the Bishop, as on a temporal 
 Lord, by reason that he took upon him to serve him as a soldier, 
 and had the sword carried before him contrary to his profession, yet 
 for that time the King would spare to lay hands on his person, for 
 his imprisonment; but for his other defaults and- villainies, the Lords, 
 by assent of the Parliament, had adjudged him to make fine and 
 ransom at the King's pleasure, whereto he should be compelled by 
 the seizure of his temporalities ; and it was commanded him from 
 thenceforth no longer to have the sword carried before him." '^' 
 
 This parliament sat " from Octo. 26 to Nov. 26." ''■^ As to its stat- 
 ute, the King's mandate is dated Nov. 26."° As to aliens, the statutes 
 of 3 R. II, c. 5, and 7 R. II, were cited in sueceeding centuries. 
 
 '"■^ Id., pp. 290, 291. case a nisi prius shall be granted at the 
 12' Cotton's Abr., p. 292, No. 16. suit of any of the jurors." viii. "The 
 12* Id., p. 293, No. 23. Statute of Purveyors confirmed and 
 129 2 Stubb's Const. Hist., ch. 16, extended to servants of subjects." 
 p. 465, note 2. ix. " Statutes made against deceit in 
 "1 2 Stat, of the Realm, p; 32 to 36. cloths to be sold, and against Aulnegers 
 Its marginal notes are as follows : and Collectors of the subsidy of cloths 
 i. "Liberties of the church confirmed." confirmed; application of the forfeit- 
 ii. " The charters and statutes confirmed." ures." x. "Trial of assize for rent 
 iii. " For trespasses within the forest, out of land lying in two counties." 
 juries shall give their verdict where they xi. " The Statutes 5 Ric. II, t. 4, 5, and 
 received their charge." iv. " Penalty on 6 Ric. II, t. 7, 11, 12, concerning fish- 
 undue imprisonment by the officers of mongers, victualers and vintners re- 
 the forest ; double damages and fine to pealed ; victualers of London shall be 
 the king." v. " Confirmation of 5 Ed. under the rule of the mayor and alder- 
 III, ch. 14; justices, &c., empowered to men." xii. "Stat. 3 Ric. II, u. 3, re- 
 bind over vagabonds to their good be- cited, confirmed, and extended to aliens 
 haviour." vi. " The Statute of Win- holding benefices in England, who 
 Chester confirmed; every sheriff shall shall also be liable to the penalties of 
 proclaim it quarterly." vii. "In what 25 Ed. Ill, St. 5, c. 22; the king's 
 
CH. XX.] 1377 TO 1399. 665 
 
 " At common law if an alien purchased and took a conveyance, he 
 took it for the benefit of the crown, by prerogative. After uses 
 invented 'twas necessary to settle where the use should go, purchased 
 for the benefit of an alien. Therefore, stat. 3 R. II, c. 5, and 7 R. II, 
 were made to enforce the common law prerogative which else had 
 been evaded by' the introduction of uses. The ground of it was 
 -originally a common law right; and if a trust had been created 
 the King would have been entitled to the trust the same as to the 
 land.""' 
 
 I J. In 1384 William Ford made a baron ; parliament opened by Sir 
 Michael de la Poole, the Chancellor ; complaint against him 
 adjudged sla7iderous and ihe slanderer fined. 
 
 In 1384 (8 Ric. II), William Ford was constituted a baron of the 
 Exchequer."" 
 
 The first parliament in 1384 was continued until April 25."' 
 
 Then " the King in person, with all the Bishops and Lords, except 
 such as were with the Duke of Lancaster, in Scotland, and the 
 ■ Commons ; which wer? assembled in the Great Hall of the Bishop of 
 Salisbury, in Salisbury, therefore richly hanged and dressed ; Sr. 
 Michael de la Poole, Lord Chancellor of England, by the King's 
 commandment, declared the cause of the Parliament."'" 
 
 It is supposed that this parliament "sat from April 29 to May 17." "^ 
 
 licenses, to the contrary, shall not be takes for the crown on death of cestui 
 
 asked for." xiii. "No man shall ride ^«^ trust ?" and observes " the difference 
 
 armed contrary to the Statute- 2 Ed. Ill, between taking by prerogative and 
 
 ch. 3." xiv. "For enabling parties out escheat is material, and Lord .ftfe/i? makes 
 
 of the realm to appoint attorneys in writs the distinction." The point determined, 
 
 of praemunire.'' xv. "Statutes i Edw. in Burgess^. Wheate,\i, adverted to in 
 
 III, Stat. 2, c. 14; 4 E. Ill, c. II; Williams v. Lonsdale, 3 'Ves., Jr., 736. 
 
 I Ric. II, c. 4, against maintenance, &c., "^pogg's Biogr. Jurid. 
 
 confirmed." xvi. " No armour or victual ^'* It was summoned for "the Friday 
 
 shall be sent into Scotland without next, after St. Mark the Evangelist;" 
 
 license of the king on pain of forfeiture " the same Friday being the 20th of 
 
 thereof.'' xvii. "'When mainpernors shall April;" and "was adjourned until the 
 
 be liable in damages by delay." ' 'Wednesday following, and, in the mean 
 
 Chapters iii, iv, xii, xiv and xv are time, the Commons were willed together 
 
 retained in I Statutes Revised, edi. 1870, to choose their speaker.'' The same 
 
 p. 230 to 233. 'Wednesday the parliament was continued 
 
 '^^^'S\x Thomas Clarke (Master of the until Thursday following." Cotton's 
 
 Rolls) in 32 Geo. II, Burgess v. Wheate, Abr., p. 298. 
 
 I W. Bl. 144, I Eden 204, 205. The i^* Cotton's Abr., p. 298, No. 3. 
 
 Master of the Rolls then asks: "But ''^2 Stubbs's Const. Hist., ch. 16, 
 
 does it hold, therefore, that a trustee p. 466, note. 
 
Reign of Richard II [tit. "vr 
 
 4 
 
 "Monday, the loth of May, the Commons assembled, beseeching 
 the King to grant to them for conference certain Lords and nobles 
 there named ; which was granted." 
 
 "After that the Duke of Lancaster, with other nobles, were 
 returned, the Commons besought the King to grant to them the 
 same Duke and his two brothers of Cambridge and Buckingham." ^^ 
 
 "John Cavendish, fish-monger of London, made his complaint 
 first to the Commons and after to the Lords in full parhament, 
 requiring first, that he might have surety of the peace granted against 
 Sir Michael de la Pool, Knight, Chancellor of England, and sureties 
 for the peace for the said Chancellor; his sureties were the Earls of 
 Stafford and Salisbury." 
 
 " That done, Cavendish sheweth that he having a weighty suit 
 depending before the said Chancellor against other merchants, and 
 breaking with one John Otier, a clerk of the said Chancellor's for 
 good success, Otier undertook he should be well heard, so he would 
 give him ;^io for his travell; Cavendish himself became bound to 
 Otier therefore, and shortly brought herring and fresh sturgeon to 
 Otier in part of payment; which rehearsed, he would not charge the 
 Chancellor withall, but left the Lords to judge thereof: only he said 
 that by the Chancellor he was delayed and could have no justice at 
 his hands; and further he saith that at a time past, the Chancellor 
 caused him to be paid for his fish and his obHgation to be cancelled, 
 but whether of conscience he leaveth it to the Lords' judgment." 
 
 " The Chancellor, first before the Lords, and then before the Lords 
 and Commons, affirmed himself to be innocent, and for delay and 
 not doing justice objected against him, he avouched the justices and 
 Serjeants that were at the hearing of the case; to the rest he said that 
 in accounting with his servants and officers, he bolted out the said 
 herring and sturgeon to have come as a cheat, and understood also 
 of the obligation ; whereat, being greatly moved, he sent for Caven- 
 dish, and ripping up of the matter, caused him to be paid for his fish 
 and his obligation to be cancelled; swearing by the sacrament of 
 Jesus Christ, that he was not otherwise witting, but altogether igno- 
 rant." 
 
 " Hereupon Otier being sent for and examined, swore that the 
 Chancellor was never privy thereunto. And the parties adverse to 
 the said Cavendish upon their oaths affirmed that they never gave 
 any reward to the said Chancellor." 
 
 "Whereupon the said Chancellor required his remedy against the 
 said Fish-monger for the same, so great a slander. The Lords 
 therefore, troubled with other weighty matters, let the said Fish- 
 monger to bail, to answer the said Chancellor, and committed the 
 matter to be ordered by the Justices." 
 
 " In a schedule thereto annexed is contained that Sir Robert Tre- 
 silian, Chief Justice of the King's Bench, Robert Belknap, Chief 
 Justice of the Common Pleas, with other justices and counsellors, 
 heareth this whole matter, condemneth the said Fish-monger, Caven- 
 
 136 Cotton's Abr., p. 299, No. 9, 10. 
 
CH. XX.] 1377 TO 1399. 66T 
 
 dish, in a 1,000 marks for his slanderous complaint against the said 
 Chancellor; and his body adjudged to prison until he had paid the 
 1,000 marks and made fine and ransom to the King also."' 
 
 14. In 1384 parliament again opened by Chancellor Pole. Its statute 
 and other proceedings. In December was the end of the session; 
 and the end of fohn Wickliffe's life. 
 
 The second parhament in 1384 was in 8 Ric. II, in November."* 
 It was on the Tuesday to which it was adjourned, that " before the 
 King and Lords sitting, and the Knights and burgesses standing, Sir 
 Michael de la Poole, Knight, Chancellor of England," stated the 
 causes of the parliament and what "ways would greatly further and 
 speed this consultation." "' 
 
 Although one of those ways was " to abandon all maintaining and 
 partaking," yet there were the following proceedings : 
 
 Walter Sibell of London was arrested, and brought into the Par- 
 hament before the Lords at the suit of Robert de Vere, earl of Ox- 
 ford, for slandering him to the Duke of Lancaster, and other nobles, 
 for maintenance. The same Walter denied not but that he said that 
 certain there named recovered against him the said Walter, and that 
 by maintenance of the said Earl, as he thought. The said Earl, 
 being present, affirmed himself innocent thereof, and to be tried. 
 Walter thereupon was committed to prison, and the next day, 
 humbly submitting himself, he desired the Lords to be -a mean for 
 him, saying that he could not accuse him : whereupon the Lords 
 convicted him to the damage of 500 marks to the said Earl : for the 
 which and for his fine and ransom, he was committed to prison." "° 
 
 " Alice, wife of Sir William. Windsor, Knight, desired to have the 
 judgment and order made against her in the time of King E. Ill,"' 
 and the judgment and statute made against her in the first year of 
 this King,"' to be repealed, and that she may be restored to all her 
 lands and tenements whatsoever." 
 
 Res. " The King repealeth those orders, judgments and statutes, so 
 
 "'Cotton's Abr., pp. 299, 300; Rot. matters, anA then to direct without any 
 
 Pari, iii, 168-170, is cited in Foss's mixture of orders; and fourthly, to 
 
 Biogr. Jurid. abandon all maintaining and par- 
 
 13* As to the particular day there may taking." Id., p. 303, No. 5. 
 
 be a comparison of 2 Stat, of the Realm, **" Cotton's Abr., p. 304, No. 12. 
 
 p. 36, with Cotton's Abr., p. 303. '^^As to Alice Ferrers see ch. 19, 
 
 "' " First, to be early in the House ; \ S4> P- 628. 
 
 -the second, to repel all melancholy pas- "'As to which see \ i, ante, p. 641^ 
 sions ; the third, to begin at most needful 
 
668 
 
 Reign of Richard II 
 
 [tit. V 
 
 as all gifts, grants and feoffments of any the lands, tenements or 
 houses repealed may remain in force.""' 
 
 Among " the petitions of the Commons " with the answers is this : 
 
 28. " That such clerks of either of the benches, that shall refuse to 
 bring into the courts the rolls, whereby attorneys may have free 
 search, shall be imprisoned for one whole year, and fine with the 
 King." 
 
 Resp. " Who findeth himself grieved may complain to the Chan- 
 cellor and shall find remedy." ^*** 
 
 This parliament (in 1384) sat from Nov. 12 to Dec. 24."' ' Its stat- 
 ute"* contains the chapters mentioned below."' 
 
 The end of this session of parliament, and the end of John Wick- 
 liffe's life were in the same month."* Cunningham says : 
 
 "He was a second time attacked with palsy, in December 1384, 
 while attending divine service with his people at Lutterwerth, and 
 after an illness of three days, he expired. He was buried in the 
 chancel of the church where his ashes reposed till the hand of vio- 
 lence disturbed their peace.""" 
 
 "' Cotton's Abr., p. 304, No. 13 ; 
 4 Lingard's Engl., ch. 3, pp. 198, 199, 
 note: citing Rot. Pari, iii, 40, 186, 327. 
 
 '"Cotton's Abr., p. 306, No. 28. 
 
 '*5 2 Stubbs's Const. Hist., ch. 16, 
 p. 466, note I. 
 
 "^ 2 Stat, of the Realm, pp. 36, 37. 
 
 i^'i. As to liberties of the church, 
 charters and statutes, ii. " That no man 
 of law shall be from henceforth justice 
 of assize or of the common deliverance 
 of jails in his own country, and that the 
 chief justice of the Common Bench be 
 assigned amongst other to take such 
 assizes and deliver jails, but, as to the 
 chief justice of the King's Bench, it 
 shall be as for the most part of an hundred 
 years last past was wont to be done." 
 The marginal statements of the other 
 chapters are — iii. " The Statute 20 Edw. 
 Ill, ch. 1, i!, recited; no judge shall 
 take any gift but of the king, nor give 
 counsel where the king is party,'' &c. 
 iv. " Penalty on judge or clerk making a 
 false entry," &c. v. " Pleas at common 
 
 law shall not be discussed before the 
 constable and marshal." 
 
 Chapters iv and v are retained in 
 I Statutes Revised, edi. 1870, pp. 234, 
 
 ass- 
 ies Watkins's Biogr. Diet., edi. 1822; 
 citing Life by Lewis; i Fuller's Worthies, 
 edi. 1840, note on p. 479. 
 
 "^ I Lives of Eminent Englishmen, 
 Glasgow edi. 1838, p. 424. " This 
 shocking violation took place in conse- 
 quence of a decree of the council of 
 Constance in 1415, when, after the con- 
 demnation of 45 articles relative to his 
 doctrines, the reformer himself was pro- 
 nounced to have died an obstinate here- 
 tic, and his bones were ordered to be 
 dug up, that they might be separated from 
 the ashes of the faithful, and cast upon a 
 dunghill. Accordingly they were disin- 
 terred, burnt, and thrown into the Swift, 
 a streamlet which runs by Lutterworth." 
 Id. The disgrace was not on Wickliffe, 
 but on those who made and executed 
 the decree. 
 
CH. XX.j 1377 TO 1399. 
 
 15. In 13 Ss, when Chancellor Pole was made Earl of Suffolk, two 
 of the King's uncles were made dukes, and the Earl of March 
 was recognized as heir presumptive to the crown. After a grant 
 to the Chancellor of lands of the previous earl of Suffolk there 
 was a bold retort by Thomas de Arundel, bishop of Ely. Par- 
 liament opened in October by the Cha7icellor. Its statute and 
 other proceedings ; Walter de Skirlawe' s part. 
 
 "On the 6th of August, 1385, Thomas of Woodstock was made 
 duke of Gloucester, Edmund of Langley, duke of York, and 
 Michael de la Pole, earl of Suffolk ; and the young earl of March 
 was recognized as heir presumptive to the crown." '^° 
 
 The death of the Princess of Wales (the King's mother) "seems 
 to have given the signal for the outbreak of political quarrels which 
 had, perhaps, been temporarily healed by her influence whilst she 
 Uved."'=i 
 
 "The King's weakness and extravagance had excited great dis- 
 content among all classes, and a general cry was raised against the 
 favourites who surrounded him, to whose mismanagement and waste 
 the distress of the people was, probably with some justice, attributed. 
 The honours and more substantial favours which were extravagantly 
 distributed did not tend to allay the public discontent.'"^'' 
 
 To support the title of Earl of Suffolk, Michael de la Pole had a 
 
 munificent grant of lands of the last Earl, whose family had become 
 
 extinct. The jealousy with which such favour was regarded is evi- 
 
 . denced by the bold retort given to this new-made earl by Thomas de 
 
 Arundel (or Fitz-Alan),'^' bishop of Ely. 
 
 1^2 Stubbs's Const. Hist., ch. 16, John Lord Beaumont. Born about 1352, 
 
 pp. 467, 468. and educated for the priesthood, Thomas 
 
 '^ Id., p. 467 ; 4 Lingard's Engl. ch. 3, soon had benefit from his noble connec- 
 
 p. 198. From it may be inferred that tions. He was made archdeacon of Taun- 
 
 her death was in July (1385.) /a?., p. 200. ton in 1373, and bishop of Ely in 1374, 
 
 '^^ Foss's Biogr. Jurid. before he was of canonical age for either 
 
 ^ The latter was his family name ; but preferment. " Attached to the party of 
 
 he took the name of Arundel from his the Duke of Gloucester, he assisted that 
 
 birthplace, or his father's title. He was prince in rectifying the misgovernment 
 
 third son of Richard, Earl of Arundel of King Richard, and opposing" his 
 
 and Eleanor; his second wife, who was "unworthy favorites." Foss's Biogr. 
 
 fifth daughter of Henry Plantagenet, Jurid. 
 third earl of Lancaster, and widow of 
 
'670 Reign of Richard II [tit. v 
 
 "On his application to the Chancellor, Michael de la Pole, Earl of 
 Suffolk, for the restoration of the temporalities to the Bishop of 
 Norwich,'^* the proud Earl rebuked him, saying, 'What is it, my 
 Lord, that you now ask of the King? Seems it to you a small mat- 
 ter for him to part with the temporalities when they yield to his 
 coffers^ 1,000 a year? Little need has the King of such counsellor 
 to his loss.' Whereupon Bishop Arundel thus roundly retorted: 
 'What is it that you say, my Lord Michael? Know that I desire not 
 of the King that which is his own ; but that which, by the counsel of 
 you and such as you, he unjustly detains from other men, and which 
 will never do him any good. If the King's loss weigh with you, 
 why did you greedily accept 1,000 marks per annum when you 
 were made an earl ? ' " '"' 
 
 "Michael de la Pole, Earl of Suffolk and Chancellor of England, 
 in the presence of the Kings, Lords and Commons pronouncdH the 
 cause of the Parliament" at Westminster in 9 Ric. II (1385).'°° 
 
 In this parliament it was enacted as subjoined.'" 
 
 Walter Skirlawe (mentioned in § 11, p. 661), who held the post of 
 keeper of the Privy Seal till he was elected bishop of Lichfield and 
 Coventry, in 1385, was selected to announce to this parliament the 
 creation of the King's uncles, Edmund and Thomas, to the duke- 
 doms of York and Gloucester, and of Michael de la Pole to the 
 earldom of Suffolk.'^' In the proceedings of parliament the con- 
 
 '** Mentioned in § 12, p. 664. thereby.'' iii. "Attaint or writ of error 
 
 155 Foss's Biogr. Jurid. for reversioner on false verdict or erro- 
 
 156 Tliis Parliament of 1385 was called neous judgment against particular tenant ; 
 for " the Friday next after the Feast in case of covin by the particular tenant, j 
 of St. Luke," and was adjourned until the reversioner shall recover the land;' 
 the next day, and. then till the Mon- the tenant's remedy to traverse the covin ; 
 day next. Cotton's Abr., p. 308. The the statute extended to two judgments 
 day of St. Luke, the Evangelist, being previously given in the King's Bench.' 
 October 18, it would seem that the Mon- iv. " The power of removing a prior shall 
 day next after the Friday for which the be tried by the ordinary." v. " Fees 
 parliament was called, must have been of priests arrested." 2 Stat, of the 
 somewhat later in October than the 20th. Realm, pp. 38, 39. 
 
 The parliament is, however, mentioned 'ss-pjjg Parliament Roll, in describing 
 
 as sitting from Octo. 20 to Dec. 6. the ceremony, calls Walter de Skirlawe 
 
 2 Stubbs's Const. Hist., ch. l5, p. 468, 'doctor egregius, eloquens et discretus. 
 
 note 3. (Rot. Pari, iii, 205-9.) He had held the 
 
 15' The marginal statement of the chap- bishopric of Lichfield and Coventry for a 
 
 ters is — i. " Statutes confirmed, except year only, when he was removed to that 
 
 Stat. 8, Ric. II, c. 3." ii. "Villains of Bath and Wells, in Aug., 1386, where 
 
 flying and suing their lords shall not bar he remained less than two years, being 
 
•CH. XX.J 1377 TO 1399. 671 
 
 firmation is stated in their cases, and also in that of Robert de Vere, 
 •earl of Oxford, created Marquis of Dublin."' 
 
 16. By whom the Great Seal was held in 1386, in the Spring when 
 the Chancellor was absent; in October he opened parliafnent. 
 Soon he was succeeded by Thomas de Arundel, and was im- 
 peached; against him a judgment which is questionable. Robert 
 de Plesyngton succeeded as Chief Baron by John Cary. Of the 
 statute commissioning certain lords to act with the new Chancel- 
 lor, Treasurer and Privy Seal. 
 
 During the Chancellor's temporary absence, from Feb. 9, to March 
 28, 1386, the Great Seal was held by three clerks; one of whom was 
 Richard de Ravenser (mentioned in ch. 19, § 57, pp. 635, 636).'*° 
 
 As to Jeffrey , {ox Geoffrey) Chaucer, that terse and elegant poet 
 (the Homer of his age),'*^ Mr. Green seems to be mistaken when he 
 says in one volume^''' "that he sat in the Parliament of 1386," and in 
 another"' that he was therein "a member of the Commons.'' Chau- 
 cer's name is not in the list of members of the parliament of 1386";'" 
 neither is it in the list of members at the preceding session (9 Ric. 
 11),^^ nor in that at the subsequent session (11 Ric. 11).^"* 
 
 As to the parliament at Westminster the first of October, in 
 10 Ric. II (1386), there are early writers."' On that day, in the 
 
 translated tp the richer see of Durham, in 4, ch. 4, vol. i, edi. 1879, p. 504. 
 
 April, 1388. ■ After presiding over this ^^ Cotton's Abr., edi. 1657, pp.313, 
 
 see for seventeen years, he died March 314. 
 
 24, 1405, and was buried in his cathe- ^^ Id., pp. 307, 30S. 
 
 dral. He is described as ' a pious and "^ Id., p. 320. 
 
 humble prelate, whose name is transmit- i^' " An historical narration of the man- 
 ted to posterity' ' by his works of charity ner and form of that memorable par- 
 and munificence.' Foss's Biogr. Jurid. liament which wrought wonders ; began 
 '^'Cotton's Abr., p. 3io,No. 14 10317. at Westminster in the tenth year of the 
 160 "He died at the end of May, 1386, reign of King Richard, the Second. 
 9 Ric. II, and was buried in Lincoln Related and published by Thomas Fan- 
 cathedral. His will is printed in the nant, clerk. Printed in the year 1641." 
 ' Proceedings of the Archeeological In- Reprinted in i Harl. Miscel., p. 133 
 stitute at Lincoln,' (1848,) pp. 312-17.'' to 150, edi. 1810. 
 
 Foss's Biogr, Jurid. " The bloody parliament in the reign 
 
 '61 3 Fuller's Worthies, pp. 20, 21, of of an unhappy Prince." Printed in 
 
 edi. 1840. 1643. Reprinted in 5 Harl. Miscel., 
 
 "' Short Hist., ch. 5, % i, p. 237. p. 323 to 327. ■ Knighton, p. 268CK2683, 
 
 1" Green's Hist, of Engl. Peop., book is cited in 2 Hume's Engl., ch. 17, 
 
672 Reign of Richard II [tit. v 
 
 presence of the King, Lords and Commons, " Sir Michael de la Poole, 
 earl of Suffolk, Chancellor of England," stated as the principal cause 
 of the parliament, the King's purpose to pass with an army beyond 
 the s^as.^"^ Not many days elapsed before there was strong expres- 
 sion of dissatisfaction with the King's ministers, and especially with 
 the Chancellor.^*^ Mr. Stubbs says : 
 
 " The King retired after the opening of parliament to Eltham,. 
 perhaps in anticipation of the attack; on the 13th of October the 
 patent was sealed by which Robert de Vere was made duke of Ire- 
 land: and immediately the storm arose. Both houses signified to 
 the King that the Chancellor and the Treasurer, the bishop of Dur- 
 ham, should be removed from their posts"'™ — "On the 24th of 
 October the two ministers were removed; \i\^o'p Arundel became 
 Chancellor, and the bishop of Hereford, /oAn Gilbert, treasurer; and. 
 the earl of Suffolk was formally impeached by the Commons. The 
 charges against him were minute and definite." ''■ 
 
 The articles are deemed by Mr. Hume frivolous ; '" by Mr. Hallam 
 not so weighty as the clamour of the Commons might have led us to 
 expect." '" Suffolk defended himself; and a statement of his services 
 and merits was made by his brother-in-law, Richard le Scrope, one 
 of the King's permanent counsellors. The defence was able; every 
 point charged was either denied or explained. Yet the Commons 
 insisted that he had broken his oath; and the judgment given by the 
 Lords was to this effect: 
 
 "That since the said earl had not alleged in his answer that he had 
 observed his oath when he swore 'that he would not know of or 
 suffer any damage or disherison of the King; nor that the right of 
 his crown should any ways be destroyed if he could hinder it,' with 
 the rest of the clause in the said oath " ; — yet that he, being the minis- 
 ter of the King, and knowing his estate and the necessity of the 
 
 p. 290, of N. Y. edi. 1850, and note L, p. 473. 
 
 at the end (p. 522) of same vol. The "^ Six articles are mentioned in Cot- 
 same contemporary historian (Knighton) ton's Abr., p. 315; seven in 4 Lingard's 
 is cited in Hall. Mid. Ages, ch. 8, part 3, Engl., ch. 3, pp. 2o5,-207, I St. Tr. 91 
 p. 68 of Engl, edi.; p. Ill, of Phila. edi. to 94, and 2 Stubbs's Const. Hist., 
 I'824; and in 4 Lingard's Engl.,'ch. 3, pp. 474, 475. 
 
 p. 206. ™2 Hume's Engl., ch. 17, pp. 290,291. 
 
 i«B Cotton's Abr., p. 214. "' Hall. Mid. Ages, ch. 8, part 3, 
 
 "'Foss's Biogr. Jurid. pp. 114, 115, of vol. 2, Phila. edi. 1824. 
 ""2 Stubbs's Const. Hist., ch. 16, 
 
CH. XX.] 
 
 1377 TO 1399. 
 
 673 
 
 realm, had taken such lands and tenements as are laid in the said 
 impeachment and are recited in the first article, and though he hath 
 alleged in his answer that the gifts so bestowed upon him were con- 
 firmed in full pariiament, yet since he hath produced no such 
 record enrolled in parliament,"* therefore it was adjudged" as stated 
 below.™ 
 
 One whose well considered opinion is entitled to great weight, 
 deems it "quite clear that in his administrative capacity he was equi- 
 tably entitled to acquittal." "^ 
 
 Robert de Plesyngton (mentioned in § 2, p. 641) ceased to be 
 Chief Baron of the Exchequer on Nov. 5, 1386."' Then John 
 Carj/"^ became his successor. 
 
 "*i State Tr. 91 to 94. The confir- 
 mation was so recent as 9 Ric. II, and 
 one would suppose might have been re- 
 membered by the lords, and seen in a 
 record which they had a right to inspect. 
 Dr. Lingard states that "it is entered" 
 in the rolls " exactly in the same words 
 as the grant to Gloucester himself, to 
 which no objection was made." 4 Lin- 
 gard's Engl., ch. 3, p. 207, note; citing 
 Rot. Pari, iii, 209. Reference may also 
 be made to Cotton's Abr., p. 310, No. 16. 
 
 175 li xhat all manors, lands, tenements, 
 and their appurtenances, so received by 
 him from the king, should be seized and 
 taken into his hands, to have and to hold 
 them to him and his heirs as fully as ever 
 they had been before the gift so made of 
 them to the said earl, with the issues and 
 mesne profits of the same from the time 
 of the said grant, and which were to be 
 levied out of the rest of the said earl's 
 lands elsewhere ; yet that it was not the 
 intention of the king, nor of the lords, 
 that this judgment so given should make 
 him lose the title of earl, nor yet the 20 
 marks yearly, which he was to receive 
 out of the issues and profits of the county 
 of Suffolk by reason of the said title." 
 There was also judgment against the earl 
 on other articles, and ' he was soon after 
 cast into the castle of Windsor.' State 
 
 43 
 
 Tr., p. 91 to 94. 
 ' "6 2 Stubbs's Const. Hist., ch. 16, p. 475. 
 
 ^" During the sitting of the parlia- 
 ment, which impeached the chancellor, 
 Michael de la Pole, Earl of Suffolk, and 
 which passed the statute or ordinance con- 
 stituting commissioners for regulating 
 the government, Mr. Foss supposes 
 that Plesyngton's removal, which was n. 
 fortnight before the date of the ordi- 
 nance, was the act of the king himself, 
 and that " it not improbably arose from 
 a desire to thwart and counteract his . 
 uncle Thomas, Duke of Gloucester, to 
 whose party Pleasyngton was strongly 
 attached." Biogr. Jurid. 
 
 "8 Of an ancient and opulent family 
 seated in Devonshire. He was son of 
 Sir John Cary, knight, bailiff of Selwood 
 forest, and Jane, daughter of Sir Guy de 
 Brien ; and soon after his father's death, 
 in 1371, was appointed a captain of the 
 Devonshire coast, and a commissioner of 
 array in the same county. There is no 
 proof of his ever having acted as an 
 advocate J He was, indeed,, called by 
 the king's writ to take upon himself the 
 degree of a serjeant-at-law in 6 Ric. II ; 
 but he disobeyed the summons {Man- 
 ning 201) ; and it may be that he refused 
 the honour because he was not a regular 
 pleader in the courts. Id. 
 
674 Reign of Richard II [tit. v 
 
 The parliament sat from Octo: i, to Nov. 20;"' and made a statute 
 as subjoined."" In a commission issued Nov. 19, and embodied in 
 the statute, eleven lords were named.'*' Immediately before the 
 adjournment was the following: 
 
 "The King in full parliament, by his own mouth, maketh open 
 protestation that for anything which was done in the same parlia- 
 ment, he would not turn it to the prejudice of him or of his crown but 
 that the prerogative of him and his crown might be saved." '^^ 
 
 Yet under the Great Seal is the mandate dated the ficst day of 
 December, in 10 Ric. II.'** 
 
 77. How, in 1386, Chancellor Arundel and the Commissioners moved 
 one way ; and the King under the counsel of his late Chancellor 
 and others went another way. Of the docume^it prepared in 
 ij8j by Tresilian, C. J., and sealed by Bealknap, C. J., and by 
 Judges Fulthorpe, Holt, Burgh and Serjeant Lokton against the 
 new statute and its commission. Steps taken against the late 
 Chancellor and against others who encouraged action in conflict 
 with that of parliament. 
 
 Now the King and his present chancellor moved in opposite ways : 
 
 1™ Cotton's Abr., p. 318, No. 35; thereof, and all defaults and offences 
 
 I State Tr. 95 ; 3 Stubbs's Const. Hist., whereby the king is injured or the law 
 
 . ch. 16, p. 472, note i. Before its ad- disturbed; to enter all courts, &c., and 
 
 journment Chancellor Arundel issued to amend all defaults and misprisions; 
 
 Nov. 8 (10 Ric. II) a "writ for remov- to hear and determine complaints not 
 
 ing after judgment the record of a suit amendable at law ; majority empowered 
 
 in the King's Bench against a clerk of to decide ; all persons shall obey the 
 
 chancery, into the chancery.'' Appen- commissioners; none shall advise the 
 
 dix, p. 1027, of Mr. Sanders's Collection king to repeal their power; penalty first 
 
 of " Orders of the Court of Chancery offence, forfeiture of goods and imprison- 
 
 and Statutes of the Realm relating to ment; second offence, judgment of life 
 
 Chancery,'' published at London in 1845. and limb.'' 2 Stat, of the Realm, p. 39 
 
 leo The marginal statements are as fol- to 43. 
 lows: " Recital of public evils required '^^ i State Tr., 94, 95. Bishop's Courte- 
 
 to be redressed;" "recital of the com- nay, Neville, Wykeham and Branting- 
 
 mission granted by the king by assent of ham, the abbot of Waltham, the dukes of 
 
 the parliament to certain prelates, lords, Gloucester and York, the earl of Arun- 
 
 &c., to be of his continual council for del, and the lords John of Cobham, 
 
 one year ; their power to survey the Richard le Scrope and John Devereux. 
 
 estate of the king's house and of his These were to act in conjunction with 
 
 realm; to enquire into his revenues of all the new Chancellor, Treasurer, and 
 
 sorts and all grants, and the expenditure Privy Seal. 2 Stubbs's Const. Hist., 
 
■CH. XX.J 
 
 1377 TO 1399. 
 
 675 
 
 -the chancellor and the commissioners proceeded, without regarding 
 "the King's protestation (mentioned in the latter part of the preceding 
 section) ; while the King released from Windsor casde his late chan- 
 cellor, the earl of Suffolk, and listened to dangerous counsel from 
 him and from Robert de Vere, duke of Ireland, Alexander Neville, 
 archbishop of York, Robert Tresilian, Chief Justice of the King's 
 Bench and Sir Nicholas Brambre, an alderman of London. In 
 August, 1387, a document was prepared by Chief Justice Tresilian, 
 containing a series of questions and answers, the purport of which 
 was to declare the 'new statute, ordinance and commission to be 
 derogatory to the royalty and prerogative of the King ' ; and that the 
 persons concerned in procuring and making it were traitors. The 
 document seems to have been in the form of an act of council at 
 Nottingham August 25, and sealed by the judges present,^** who (be- 
 sides Tresilian) viQve Robert de Bealknap, Chief Justice of the Common 
 Pleas,'^ John Cary, the Chief Baron mentioned in § 16, p. 673, Roger de 
 Fulthorpe (mentioned in § 2, p. 643), John Holt^^ Sir William Burgh^^^ 
 
 ch. 16, p. 476, note 2 ; citing Rot. Pari, 
 iii, 221, and Knighton, c. 2685, 2686. 
 The Privy Seal was jfohn Waltham. 
 
 182 Mr. Stubbs thinks "it must have 
 been the threat of compulsion, or the ad- 
 vice of really dangerous counsellors that 
 had prevented him from accepting the 
 commission." li., p. 487. 
 
 1^ 2 Stat, of the Realm, p. 39 to 43. 
 
 1M2 Stubbs's Const. Hist., ch. 16, 
 pp. 477, 478. Foss's Biogr. Jurid. 
 
 i^It is said "Bealknap refused for 
 sometime to sign the document, but the 
 duke and earl threatening his life if he 
 persisted, he at last submitted, exclaim- 
 ing as he did so : • Now here lacketh 
 nothing but a rope, that I may receive a 
 reward worthie for my desert; and I 
 know if I had not doone this I might not 
 have escaped your hands; so that for 
 your pleasures and the king's I have 
 doone it, and deserved thereby death at 
 the hands of the lords' " (Holinshed 
 i, 782.) Foss's Biogr. Jurid. 
 
 '^ Born in Northamptonshire, where 
 he had considerable property. Alb. Rot., 
 Orig. ii, 240.) He appears in the Year 
 Books from 40 Edw. Ill ; in the last year 
 of whose reign he was made a king's 
 Serjeant. His elevation to the Common 
 Pleas was in 7 Ric. II (1383). Foss's 
 Biogr. Jurid. 
 
 187 11 Apparently of a Norfolk family, 
 although he had property in the counties 
 of Leicester, Rutland and Lincoln. His 
 first appearance, as an advocate in the 
 Year Books, was in 43 Edw. Ill (1369) ; 
 and he is mentioned as one of the king's 
 Serjeants in 3 Ric. Ill (1379), (Rot. 
 Pari, iii, 79,) receiving in the same year 
 the appointment of seneschal of the dp- 
 main of Okeham ' ad placitum regis.' 
 (Cal. Rot. Pari., 203, 208, 231.) In 
 Trinity 1383, 7 Rich. II, we find him 
 acting as a judge of the Common Pleas, 
 to which he had probably been only just 
 appointed, as in the following Christmas 
 he was knighted at Eltham, having pre- 
 
676 
 
 Reign of Richard II 
 
 [tit. V 
 
 (or Burleigh), Justices of that Bench, and John de Lokton^^ a 
 
 Serjeant/"' 
 
 "On -the loth of November Richard returned to London"; — on 
 the I2th "Gloucester, Warwick and Arundel were reported to be 
 approaching in full force. The Archbishop of Canterbury and Lords 
 Cpbham, Lovel and Devereaux appeared as negotiators ; the council, 
 they declared, was innocent of any attempt to injure the King; the 
 five false advisers, Neville, Vere, de la Pole, Tresilian and Brem- 
 ber were the real traitors, and against these, on the 14th, Gloucester 
 and his friends laid a deliberate charge of treason." — "In West- 
 minster Hall, on the 17th," the King "received the Lords of the 
 council, graciously, accepted their excuses and promised that in the 
 next parliament his unfortunate advisers sht)uld be compelled to 
 appear and give account of themselves." ^^ 
 
 Orders were issued "for the apprehending and seizing all sus- 
 pected folks and for keeping them in safe custody till the parliament 
 should assemble."^'' There was "taken Sir Nicholas Brambre,'' and 
 " he found surety for his forthcoming ; but the duke of Ireland, arch- 
 bishop of York, earl of Suffolk and Robert Tresilian were nowhere 
 to be found.""' 
 
 viously received the materials for his 
 robes as a banneret. (Dugdale's Orig., 
 46, 103.) Foss's Biogr. Jurid. 
 
 188 Derived his name from the town- 
 ship of Lokton, in Yorkshire, where he 
 had property at Malton, in its neighbor- 
 hood. He was probably son of Thomas 
 de Lokton, and Beatrice, his wife, who 
 purchased half of the manor of Canewyk, 
 in Lincolnshire, in 24 Edw. Ill, and 
 sold it in the same year. (Abb. Rot., 
 Orig. ii, 213, 215.) He is mentioned as 
 a king's Serjeant in 7 Ric. II, 1384, as- 
 sisting at the trial of John Cavendish for 
 defaming the chancellor, Michael de la 
 Pole. (Rot. Pari, iii, 196.) Id. 
 
 189 As no other of the king's Serjeants 
 was then present, he was no doubt sum- 
 moned in consequence of his being de- 
 signed as the successor of David Hanne- 
 mere, thejudge of the King's Bench, then 
 recently deceased, since his appointment 
 took place two months afterwards, on 
 
 October 25." Id. 
 
 ""2 Stubbs's Const. Hist., ch. 16^ 
 p. 478. 
 
 191 " Accordingly divers ofScers of the 
 household were expelled their office, 
 and, together with several others, ap- 
 prehended and* committed to prison,, 
 viz: Sir Simon Burleigh, Sir William 
 Elman, Sir John Beauchamp, Sir Thos. 
 Trivet, Sir John Salisbury, and divers 
 others." i State Tr., 99. 
 
 1^2 Id. The late chancellor, after sailing 
 to Calais, proceeded to Paris ; Archbishop 
 Neville also escaped to the continent; 
 and De Vere, Duke of Ireland, made his 
 way to France after he had raised a force 
 and been defeated in Oxfordshire. 
 
 2 Stubbs's Const. Hist., ch. 16, pp. 478, 
 479. The place at which he fought was 
 Radcot bridge (distant from Faringdoii 
 
 3 and from London 71 miles). About 
 ten years afterwards (1397) was a 
 conversation (mentioned in § 29, post^ 
 
•CH. xx.J 1377 TO 1399. 677 
 
 On the day, or very shortly before the day, for parliament to meet, 
 "there were arrests of the following judges : Sir Roger Fulthorp, Sir 
 Robert Belknap, Sir John Carey, Sir John Holt, Sir William Bur- 
 leigh, and John Locton, the King's Serjeant at law."' 
 
 18. Parliament in February 11 Ric. II {i^Sy-S) opened by Chancellor 
 Arundel. Articles of impeachment against the late Chancellor 
 and others. The Lords declare that the cause cannot be tried 
 but in parliament, nor by any law except that of parliament. 
 Proceedings of this parliament support its title of parliamen- 
 tum sine misericordia.' 
 
 In the Great Hall at Westminster, on the third "* day of February, 
 1387-8, the Lord Chancellor Arundel declared the cause of the sum- 
 mons to parliament. 
 
 The "five appellants, arising, declared their appellation by the 
 mouth of Robert Pleasihgton,"' their speaker"; — "To whom the 
 Lord Chancellor, by the King's commandment, .answered." And 
 "the duke of Gloucester, with his four companions, upon their knees, 
 humbly gave thanks to the King for his gracious opinion of their 
 fideHty.""« 
 
 "The lords spiritual and temporal there present then claimed as 
 their liberty and franchises, that all great matters moved in that par- 
 liament, and to be moved in other parliaments in time to come, 
 touching the peers of the land, should be discussed and judged by 
 the course of parliament, and not by the civil law or by the common 
 law of the land, used in the inferior courts of the kingdom ; which 
 claim, liberty and franchise the King allowed and granted in full par- 
 liament."'" 
 
 Then the appellants delivered in writing thirty-nine articles against 
 -Alexander Neville, Robert de Vere, Michael de la Pole, Robert Tre- 
 
 whereof Hereford's account begins thus: our Lady. Cotton's Abr., p. 321, No. I. 
 " Norf. We are on the point of being It may be inferred that Monday was 
 undone.' Beref. Why so? Norf. On Feb. 3. i State Tr., 99. The par- 
 account of the affair of Radcot bridge." liament sat " Feb. 3 to March 20, and 
 4 Lingard's Engl., ch. 3, p. 248, note. April 11 to June 4." 2 Stubbs's Const. 
 
 "' I State Tr., 59. Hist., ch. l6, p. 479, note 4. 
 
 "* Parliament was summoned, not for ^'^Hedied in 17 Ric. II (1393-4.) 
 
 'Furificatio B. V. Maries' or Candle- ^^Id.; Cotton's Abr., p. 321, No. 6. 
 
 mas Day, which is February 2, but for ^''iif., p. 321, No. 7; I State Tr., 102. 
 "M^ Monday after the purification of 
 
678 Reign of Richard II [tit. v 
 
 silian and Nicholas de Brambre.™ Time was given the lords to 
 examine the articles until the 13th of February. 
 
 "During this interval, the Justices, Serjeants and other sages of 
 the law, both of the realm and law civil, were charged by the King 
 to give their faithful advice to the lords of parliament how they 
 ought to proceed in the above said appeal. Then the said Justices, 
 Serjeants and sages of both laws having taken these matters into their 
 deliberation, answered the said lords of parliament, that they had 
 seen and well understood the tenor of the said appeal, and affirmed 
 that it was not made nor brought according as the one law or other 
 required. Upon which the said lords of parliament having taken 
 deliberation and advice, it was by the assent of the king, with their 
 common accord, declared that in so high a crime as is laid in this 
 appeal, and which touches the person of the king, and the estates of 
 this realm, and is perpetrated by persons who are peers thereof, 
 together with others, the cause cannot be tried elsewhere but in 
 parliament, nor by any other law or court except that of parliament; 
 and that it belongs to the Lords of Parliament, and to their free 
 choice and liberty, by antient custom of parliament, to be judges in 
 such cases and to judge of them by the assent of the king; and thus 
 it shall be done jn this case by award of parliament, because the 
 realm of England is not nor ever was {neither is it the intent of the. 
 king and lords of Parliament that it shall ever be) ruled and gov- 
 erned by the civil law."^^ 
 
 "And it was the judgment of the lords of parliament, by assent of 
 the king, that this appeal was well and duly brought, and the process 
 upon the same was good and effectual according to the laws and 
 course ol parliament, and by which they will award and judge it." ™° 
 
 On the 13th of February, default of the archbishop, duke and 
 
 1'^ I State Tr., p. loi to 112; "some Chancellor, in the name of the clergy, in. 
 
 counts being common to all ; some pecu- open parliament made an oration 'that 
 
 liar to individuals." 2 Stubbs's Const. they could not by any means be present 
 
 Hist., p. 479. at proceeding where any censure of 
 
 199 « And, therefore, it is not their in- death is to be passed ;' and the clergy 
 tent otherwise to proceed in so high a delivered in a protestation : they de- 
 case as this appeal, which cannot be clared "that neither in respect of any 
 tried or determined any where else than favour, nor for fear of any man's hate,, 
 in parliament since the process or order nor in hope of any reward, they did de- 
 used in inferior courts Is only as they/ are sire to absent themselves; but only that 
 entrusted with the execution of the they were bound by the canon not to be 
 ancient laws and customs of the realm, present at any man's arraignment or con- 
 and the ordinances and establishments of demnation." i State Tr., 114; Cotton's 
 parliament." i State Tr., 113. Abr., p. 322, No. 9, lo; 2 Inst., p^. 586,. 
 
 """I State Tr., 113; 2 Stubbs's Const. 587; 2 Stubbs's Const. Hist., ch. 16,. 
 
 Hist., ch. 1 5, pp. 480, 481; citing Rot. pp. 480, 481. 
 Pari, iii, 276. After which the Lord 
 
CH. XX.J 
 
 1377 TO 1399. 
 
 679 
 
 earl and Robert Tresilian having been recorded, the lords proceeded 
 to judgment. They designated divers of the articles as charging 
 treason ; and " upon due information of their consciences, they pro- 
 nounced the said archbishop, duke and earl with Robert Tresilian to 
 be notoriously guilty of each of the said articles that concerned 
 them"; and the said lords of parliament, "as judges in parliament 
 in this case, by assent of the king, pronounced their sentence."'" 
 
 During Nicholas Brambre's trial, Tresilian was captured and 
 hanged, Feb. 19; on the next day (Feb. 20) sentence was pro- 
 nounced against Brambre, and it was immediately executed.™* 
 
 Robert Belknap, John Holt, Roger Fulthorpe, William Burleigh, 
 John Garey and John Lockton being impeached (March 2) and called 
 to answer for their conspiracy at Nottingham, were heard, and judg- 
 ment was pronounced against them; but upon intercession their 
 lives were spared; they were sent back to the tower as prisoners, and 
 afterwards were sent to Ireland, there to remain for life.''"' 
 
 On the 3d (of March) John Blake and Thomas Uske, impeached 
 
 2" I State Tr., 114; 2 Stubbs, p. 481. 
 The Archbishop (Alexander Neville) be- 
 came a parish priest at Lovain, and there 
 continued till his death, i State Tr., 98, 
 note g. Fuller says : " He died in the 
 fifth year of his exile, and was buried 
 there in the convent of the Carmelites." 
 I Fuller's Worthies, p. 481, of edi. 1840. 
 The Duke (Robert deVere) after getting 
 to Holland went to Lovain, where, in 
 I393> he was slain in hunting a wild 
 boar. I State Tr., p. 98, note h. 
 
 The late chancellor, Michael de la 
 Pole, Earl of Suffolk, did not long sur- 
 vive this sentence ; he died on the Sth of 
 September, 1389. By his wife Catherine, 
 daughter and heir of Sir John Wing- 
 field, he left four sons. Michael, the 
 eldest, was restored to his father's lands 
 and honours ; and his descendants were 
 successively created marquis of Suffolk, 
 earl of Pembroke, duke of Suffolk, and 
 earl of Lincoln; but all these honours 
 became extinct in 1513. Foss's Biogr. 
 
 Jurid. 
 
 ^^ I State Tr., p. 113 to 1 19 ; 2 Stubbs's 
 Const. Hist., ch. 16, p. 481. Tresilian's 
 body was buried in the church of the 
 Grey Friars. Foss's Biogr. Jurid. 
 
 20s They were distributed thus : Robert 
 Belknap and John Holt, in the village of 
 Dromore; Roger Fulthorpe and Wm. 
 Burleigh, in the city ot Dublin; John 
 Cary and John Lockton, in Waterford. 
 They were not to go out of town above 
 two miles, with the exception of Ful- 
 thorpe, who might go three. A yearly 
 annuity was given to each during life, 
 to-wit : To Belknap, Fulthorpe and Bur- 
 leigh of .;^40 each; to Cary and Lock- 
 ton of ;^20 each; and to Holt of 20 
 marks, i State Tr., 120, note. Under 
 an act of January, 1397, Robert de Bealk- 
 nap, yohn Holt and William Burleigh 
 (or Burgh) returned to England; Ful- 
 thorpe, Cary and Lockton had probably 
 died in Ireland before that time. Foss's 
 Biogr. Jurid. / 
 
680 
 
 Reign of Richard II 
 
 [tit, V 
 
 for aiding and advising in the treasons, were heard; and on the next 
 day the lords pronounced them guilty; and sentence of death was 
 executed the same day." ™* 
 
 On the 6th there was a hearing of Thomas, bishop of Chichester, 
 and afterwards of Simon de Burleigh, John de Beauchamp, James 
 Baroverse and John Salisbury. The lords adjourned until the 20th 
 of March, on which day the whole parliament was adjourned until the 
 13th of April, on which day the lords further adjourned till the 5th of 
 May. Then sentence was pronounced under which the bishop 
 (being the king's confessor) was banished to Cork in Ireland; John 
 Salisbury was drawn from Tower- Hill to Tyburn and there hanged; 
 and the other three were beheaded on Tower-Hill.'"" 
 
 This parliament made the statute whereof the marginal statements 
 are subjoined.™ It has been spoken of as ' Parliamentum sine mis- 
 
 i""! State Tr., pp. 120, 121. 
 
 ^"5 Id., p. 121 to 123. 
 
 206 << Petition I. Causes of the Statute 
 and commission, 10 Ric. II; evil con- 
 duct of the Archbishop of York, and 
 others ; conspiracy against the executing 
 the said commission ; opposition to such 
 conspiracy by the Duke of Gloucester, 
 &c. ; appeal of treason against the con- 
 spirators ; forcible resistance by the con- 
 spirators; opposition to them; attainder 
 of them in parliament; prayer of the 
 petition ; to affirm the proceedings of the 
 said parliament 10 Ric. II; and also all 
 subsequent proceedings; and also to 
 indemnify the appellants and their ad- 
 herents ; enactment accordingly ; pardon 
 to the appellants of all acts done against 
 the appellees." 
 
 " Petition 2. For the indemnity of all 
 persons not attainted, and certain persons 
 named; for the indemnity of adherents 
 to the persons attainted; grant of the 
 petition." 
 
 " Petition 3. To confirm all appeals, 
 &c., in this parliament, although the pre- 
 lates were absent; proviso that this 
 affirmance, &c., be no precedent, par- 
 
 ticularly in cases of treason." 
 
 " Petition 4. That none of the at- 
 tainted living be pardoned; attempt to 
 restore them declared treason; grant of 
 the last two petitions." 
 
 ii. " The King shall have all the for- 
 feitures of parties attainted in this par- 
 liament : fraudulent conveyances by any 
 such parties declared void. 
 
 iii. " Forfeiture of the estates of the 
 Bishop of Chichester, and others." 
 
 iv. " Penalty on concealing estates of 
 attainted persons, except trust estates." 
 
 v. " Rights of Lords of Franchises, 
 and issues in tail, &c., and jointures of 
 women also excepted." 
 
 vi. " None shall petition for grants of 
 such forfeited estates during the war, 
 except for offices and church benefices," 
 &c. 
 
 vii. " Recital of Statute 9 Edw. Ill, 
 Stat. I , c. I ; recital of Statute 25 Edw. 
 Ill, Stat. 3, c. 2; the Statutes recited 
 shall be executed in all points, notwith- 
 standing any charter," &c. 
 
 viii. " Certain annuities granted by the 
 Crown made void." 
 
 ix. " New charges on wools, &c., an- 
 
•CH. XX.] 1377 TO 1399. 681 
 
 ■ericordia.' '"' 
 
 " Its acts fully establish its right to the title, and stamp with infamy 
 the men who, whether their political aims were or were not salutary 
 to the constitution, disgraced the cause by excessive and vindictive 
 cruelty." "* 
 
 jg. In 1^88, appointments of Chief Justices of the King's Bench and 
 Common Pleas ; of Chief Baron of ihe Exchequer ; and of 
 three puisne judges of the Common Pleas. Lord Chancellor 
 Arundel made Archbishop cf York. Parliament at Cambridge 
 in September. Its statute. The second chapter, that no " officers 
 shall be appointed for gifts" &c , considered " worthy to be 
 written in letters of gold, but m-ore worthy to be put in due ex- 
 ecution." 
 
 In 1387-8, within a few days before the meeting of the parliament, 
 
 wherein Sir Robert Tresilian, Chief Justice of the King's Bench, 
 
 Robert de Bealknap, Chief Justice of the Common Pleas, and John 
 
 « 
 Cary, Chief Baron of the Exchequer, were impeached, appointments 
 
 were made (Jan. 31) of Walter de Clapton™ to succeed Tresihan, and 
 
 (Jan. 30) of Robert de Charleton"^^" to succeed Bealknap. Thomas 
 
 Pynchebek"^^^ was made Chief Baron April 24, 1388."'^ 
 
 Richard Sydenham"^^^ and John Wadham^^^ became justices of the 
 
 nulled." appears in the Year Books as an advo- 
 
 X. " Delays of law by privy seal for- cate in 40 Edw. Ill, and was one of the 
 
 bidden." king's Serjeants from I Ric. II. Foss's 
 
 xi. " Recital' of Statute 6 Ric. II, Biogr. Jurid. 
 
 chapter 5 ; Chancellor and Justices may '^° In 1388 he received the order of 
 
 settle the places for holding the assizes." knighthood as a banneret; fines levied 
 
 All of these chapters are in 2 Stat, of before him extend to midsummer, 1394; 
 
 the Realm, p. 43, ei seq. Chapter x is soon after which he probably died, 
 
 retained in i Statutes Revised, edi. 1870, Some of his decisions are in Richard 
 
 p. 235, et seq. Bellewe's reports. Id. 
 
 ^Knighton, t. 2701, is cited in 2 "i Whose family derived its name from 
 
 5tubbs's Const. Hist., ch. 16, p. 482, a parish in Lincolnshire. Id. 
 
 note 2. 212 Hg probably died in or before May, 
 
 "^Id., p. 482. 1389. Id. 
 
 ^Descended from a family estab- ^isQf Somerset county, where his 
 
 lished originally at Newenham, in the father, Roger de Sydenham, was pos- 
 
 parish of Ashdon^n JEssex, but which sessed of Combe, in Monksilver parish, 
 
 afterwards removed into Suffolk. Wal- (Cal. Inq. p. m. ii, 306.) He was edu- 
 
 ter was son of Sir William de Clopton, -a. cated as a lawyer. Foss's Biogr. Jurid. 
 
 commissioner of array in that county ; ^'* His family took its name from the 
 
682 
 
 Reign of Richard II 
 
 [tit. V 
 
 Common Pleas, probably in ii Ric. II, when the court was almost 
 cleared by impeachment of all the judges except Sir William de 
 Skipwith.'i^ 
 
 In the same year, ii Ric. II (1388), William Thirning'^ was, on 
 April nth, appointed a judge of the same court.^" 
 
 Chancellor Arundel was nominated to succeed Alexander Neville 
 as archbishop. April 3 (1388) is mentioned as the date of the pope's 
 bull for Arundel's translation from Ely to York."* 
 
 ParHament was held in 1388 Sept. 9 to Octo. 17.^"* The King's 
 mandate'™ states that at a parliament holden in 12 Ric. II, "the mor- 
 row after the nativity of our Lady,"'" was made the statute whereof 
 marginal statements are as subjoined."' The second chapter, that 
 "no officers shall be appointed for gifts,'' &c., is as follows: 
 
 place of its residence in Knowston 
 parish, near South Molton, in Devon- 
 shire. He was son of Sir John Wad- 
 ham, knight; was educated as a lawyer; 
 is among the advocates in R. Bellewe's 
 Reports, and was eventually among the 
 king's Serjeants. Id. 
 
 ^'* The fines levied before Sydenham 
 extend to the Octaves of Trinity, 1396, 
 19 Ric. II, which is thought to have 
 been the period of his death. His son, 
 Simon, became bishop of Chichester. 
 One of the descendants of Henry, the 
 eldest, received, in 1 641, a patent of 
 baronetcy, which became extinct in 1739. 
 Id. 
 
 The fines levied before Wadham com- 
 mence in 12 Ric. II (1388), and con- 
 tinue till 1397. (Dugdale's Orig., 46.) 
 He probably then retired, though he 
 lived till 1411. (Cal. Inq., p. m. iii, 
 338.) It is said of him, ' that being free 
 of speech, he mingled it well with dis- 
 cretion, so that he never touched any 
 man, how mean soever, out of order, 
 either for sport or spight ; but with alac- 
 rity of spirit, and soundness of under- 
 standing, managed all his proceeding.' 
 
 His descendant, Nicholas, with his 
 wife, Dorethy, daughter 01 Sir William 
 Petre, Secretary of State to Queen 
 Elizabeth, founded the college at Ox- 
 ford, which be4rs his name. (CoUins's 
 Peerage vii, 273.) Id. 
 
 216 Of a family probably settled at 
 Thirning, in Huntingdonshire. He first 
 appears in the Year Books in 44 Edw. 
 Ill (1370). Foss's Biogr. Jurid. 
 
 ™ Id. 
 
 ^'^(Rymer vii, 574.) Foss's Biogr. 
 Jurid. 
 
 ^'^Mr. Stubbs says at Cambridge, 
 2 Const. Hist., ch. 16, p. 482, and note 2. 
 The King's mandate mentions the par- 
 liament as holden in Canterbury. 2 Stat. 
 of the Realm, p. 55 to 60. 
 
 a'O Of ' the twentieth day of Novem- 
 ber.' Id. 
 
 '"^ September 8 is mentioned in Catho- 
 lic books as • Natalis B. Virginis 
 Marice.' 
 
 222 i. " Liberties of the church, the 
 charters and statutes Confirmed." 
 
 ii. " No officers shall be appointed for 
 gifts," &c. 
 
 iii. " Statutes respecting artificers, ser- 
 
CH. XX.] 1377 TO 1399. 683' 
 
 "That the chancellor, treasurer, keeper of the privy seal, steward 
 of the king's house, the king's chamberlain, clerk of the rolls, the 
 justices of the one bench and of the other, barons of the exchequer, 
 and all other that shall be called to ordain, name or make justices of 
 peace, sheriffs, escheators, customs, comptrollers or any other officer 
 or minister of the king, shall be firmly sworn that they shall not 
 ordain, name or make, justice of the peace, sheriff, escheater, cus- 
 tomer, comptroller nor other officer or minister of the king for any 
 gift or brocage, favour or affection ; nor that none which pursueth by 
 him or other, privily or openly, to be in any manner office, shall be 
 put in the same office or in any other ; but that they make all such 
 officers and ministers of the best and most lawful men, and sufficient 
 to their estimation and knowledge." 
 
 Whereof Lord Coke says: "A law worthy to be written in let- 
 ters OF GOLD, but more worthy to be put in due execution. For 
 certainly never shall justice be duly administered but when the 
 officers and ministers of justice be of such quality, and come to their 
 places in such manner as by this law is required.""' 
 
 20. What happened May 3, 138^, when Richard was told his age. 
 The Great Seal surrendered by Thomas Arundel ; next day 
 delivered to William of Wykeham. Of his wisdom; appoint- 
 ments of barons and judges ; and composition of the council. 
 
 In their accounts of what occurred on the third of May, 1389, his- 
 
 vants, &c., confirmed; servants going in execution." 
 
 from their service shall carry letters testi- *. " Six justices of peace in each 
 
 monial ; seal ; if wandering without county ; quarterly sessions, &c. ; wages 
 
 such letters they shall be put into the of justices and their clerk ; no steward, 
 
 stocks; exceptions; penalty for forging &c., shall be assigned ; judges, &c., need 
 
 such letters, or receiving servants without not attend the sessions regularly." 
 
 them; artificers compelled to serve in xi. "St. Westm. i, 3 Ed. I, i;. 34; 
 
 harvest." 2 Ric. II, St. i, c. 5; reporters of lies 
 
 iv. " High price of labour ; wages of against peers, &c., shall be punished by 
 
 servants in husbandry ; penalty on giv- the council." 
 
 ing or taking higher wages." xii. "Expenses of knights of par- 
 
 V. "Persons having served in hus- liament shall be levied on all lands origi- 
 
 bandry till twelve shall continue to do nally liable." 
 
 so." xiii. " Nuisances in and about cities 
 
 vi. " Servants shall use only bows and and towns shall be removed by officers," 
 
 arrows, and leave idle games." &c. 
 
 vii. "Punishment of wandering beg- xiv. "Statute 47 Edw. Ill, ch. I, for 
 
 gars; maintenance of impotent beggars; cloths confirmed." 
 
 pilgrims shall carry testimonials." xv. " Provisors of benefices beyond sea 
 
 viii. "Travelling beggars shall carry declared out of the king's protection," 
 
 testimonials." &c. ' 
 
 ix. "How these statutes shall be put xvi. « The staple at Calais." 
 
684 Reign of Richard II [tit. v 
 
 torians do not vary materially.'"" Dr. Lingard's account'''^* is very 
 like that of Mr. Green : 
 
 "Entering the council," Richard "suddenly asked his uncle how 
 old he was. 'Your Highness,' answered Gloucester, 'is in your 
 twenty-second year.' ' Then I am old enough to manage my own 
 affairs,' said Richard coolly. ' I have been longer under your guar- 
 dianship than any ward in my realm. I thank you for your past 
 services, my lords, but I need them no longer.'"^"* 
 
 Mr. Stubbs says : 
 
 " Following up his brave words by action, he demanded the Great 
 Seal irom Arundel, who at once surrendered it; Bishop Gilbert 
 resigned the treasury, and on the following day William of Wyke- 
 ham and Thomas Brantingham returned to the posts of chancellor 
 and treasurer."^" 
 
 Of William of Wykeham, Mr. Foss says : 
 
 " His influence with both the Lords and the Commons is apparent 
 by their frequent recurrence to him in points of difficulty, availing 
 themselves of his wisdom and experience, and giving; to his advice 
 that weight and authority which, in such times, could have been only 
 secured by the complete reliance they had on his honesty and pru- 
 dence. Although avoiding as much as possible any unnecessary 
 interference in state affairs, such was his reputation that in the subse- 
 quent contests occasioned by the extravagance and weakness of the 
 King, the bishop was always one of the persons appointed by the 
 popular party to check the royal prerogative and control the govern- 
 ment expenditure. Yet no proof can be stronger that, in the exer- 
 cise of those duties, his conduct was. tempered with mildness and 
 moderation, than the fact that when King Richard, claiming the 
 rights of his majority, took the government into his own hands and 
 discharged the officers who had been imposed upon him, he com- 
 pelled the bishop, much against his inclination, to accept the office 
 of chancellor; and he accordingly received the Great Seal for a 
 second time on May 4, 1389."™ 
 
 ii*3 Co. Lit., 234 a. The SECOND, tenth, 2273 Stubbs's Const. Hist., ch. 16, 
 
 eleventh and fifteenth chapters are in p. 483. " Some minor changes were 
 
 I ' Statutes Revised,' edi. 1870, p. 236 made in the legal body, and the appel- 
 
 to 239. lant lords were removed from the coun- 
 
 2''*4 Collyer's Engl., p. 188; 2 Hume's cil. The success of this bold stroke was 
 
 Engl., ch. 17, p. 296, of N. Y. edi. 1850. as strange as its suddenness. According 
 
 225^ Lingard's Engl., ch. 3, p. 222. to the chronicler, it was welcomed with 
 
 225 Green's Short Hist., ch. 5, ? S, general satisfaction." Id.; citing Knigh- 
 
 p. 275 ; Hist, of Engl. Peop., book 3, ton, c. 2736. 
 
 ch. 4, pp. 500, 501, of vol. I. ^'^ Foss's Biogr. Jurid. 
 
CH. xx.J 1377 TO 1399. 685 
 
 "His first step was to quiet the apprehensions which naturally 
 arose in the people's minds on the hazardous course the King had 
 taken."™ 
 
 As part of the Lincolnshire property of Sir John de Bello Monte, 
 who died in 20 Ric. II, is stated to have come from ' the heirs of 
 Thomas de Pynchbek ' it appeared to Mr. Foss probable that Pynch- 
 bek's death occasioned a change in the office of chief baron of the 
 Exchequer. John Cassy was appointed his successor May 12, 1389.^™ 
 On the same day William Doubridge (or Dounebrigge) was ap- 
 pointed a baron.^" 
 
 On the 20th of the same month, John Hill (or Hull) '^'^ and Hugh 
 Huh (or Holes) "^^ were appointed judges of the King's Bench.''" 
 
 On the same day William Rickhill"^ was constituted a judge of 
 the Common Pleas.'"* 
 
 In September a negotiation was set on foot for admission to the- 
 King's favour of Gloucester and his co-appellants. Mr. Stubbs 
 states that "a violent dispute took place in the council on the 15th of 
 October; Richard apparently wishing to buy over the Earl of Not- 
 tingham with a large pension given him as warden of Berwick, and 
 the chancellor objecting to the expense " ; and that " in the following 
 November John of Gaunt returned home, and by a prompt use of 
 
 229 /^_ 230 j^_ that knight's second son, David. He is 
 
 ^' He previously held the office of mentioned in Bellewe's reports. Id. 
 
 auditor of the Exchequer, in which he "'* I" 'tis reign Hugh Huls acted for 
 
 V7as paid bs. id. a day for going to Lost- several years as locum tenens for the jus- 
 
 virithiel to audit the accounts of Com- tice of North Wales. Id. 
 
 wall and Devon. It is thought probable "ss Described by Sir Edward Coke as 
 
 that he died in 17 Ric. II. Id. ' " native of Ireland, and by Hasted as 
 
 232 Bom at Hill's court, the seat of the establishing him in Kent county, and 
 
 family, near Exeter. The first mention becoming possessed of the manor of Rid- 
 
 of him as a lawyer is a writ of Simmons dley there. In 1384 (7 Ric. II) he is 
 
 dated Nov. 26, 1382, to take upon him- mentioned as one of the king's ser- 
 
 self the degree of a Serjeant at law, jeants. Id. 
 
 being the earliest of that description ''^^ Id. He was in office till the end of 
 
 which has been found, the previous the reign; in 22 Ric. II, he took at 
 
 entries only noticing those who were Calais the examination of Thomas, Duke 
 
 king's seiieants. Id. of Gloucester, as to the commission in 
 
 23» Stated to be the grandson of Sir anno 10, and other matters. (Cotton's 
 
 William of the Hulse, in Cheshire, by Abr., pp. 378, 393, 394; 2 Inst., 51. 
 
686 Reign of Richard II [tit. v 
 
 his personal influence produced an apparent reconciliation among all 
 parties." '^'^" The composition of the council was not" now "one- 
 sided; Arundel, Nottingham, Derby and the Duke of Gloucester 
 himself were restored to their places in it before December, 1389."^ 
 Mr. Foss observes that Wykeham "obtained a confirmation of all 
 the pardons granted for the late disturbances and a suspension of the 
 pressing subsidies that had been imposed." ^'' 
 
 21. On what day of January Parliament was holden i?t ij Ric. II 
 (^ij8gi-go). Discourse by Chancellor Wykeham. He and other 
 officers surrendered their offices and were discharged. Next day 
 their official conduct was approved ; and they were recharged 
 with the offices. Proceedings in chancery, and complaint of 
 oppressions. Statutes ist, 2d and jd. In Nov., 14. Ric. II 
 i^ijgo) parliament opened with an eloquent discourse from Chan- 
 cellor Wykeha7n. Its statute. John Penros removed {in Jan. 
 I 391) from, the Irish to the English bench. 
 
 Parliament was holden at Westminster in 13 Ric. II, in January 
 <i389-9o).^« 
 
 " William de Wickham, bishop of Winchester and Chancellor of 
 England, by the King's commandment, declared before him and the 
 whole estates, how the King, now being come to more full age, meant 
 the better to see his people governed, and that as well the Clergy as 
 the Temporalitie should enjoy all their liberties." 
 
 "On the twentieth'^"' day of January, the fourth day of the Parlia- 
 ment, the Bishop of Winchester being Chancellor, and the Bishop of 
 St. David's being Treasurer, with all the Lords of the Great Council, 
 except the Clarke of the Privy Seal, prayed , the King to be dis- 
 charged of their said offices and to have others therein placed. At 
 which time the Chancellor gave up to the King the Great Seal, and 
 
 2" 2 Stubbs's Const. Hist., ch. 16, p. 329. Yet on the last mentioned page, 
 
 p. 483 ; citing Proceedings of Privy that Monday is mentioned as ' being the 
 
 Council i, pp. 11, 12, and Walsingham. eleventh day of January.' It could not 
 
 ^8 Id. (2 Stubbs), p. 486 ; citing Privy have Aen so early in the month as either 
 
 Council Proceedings i, 17. ia^ seventh or the eleventh, M the four- 
 
 '^'^ Biogr. Jurid. teenth viras the day of St. Hilary. But 
 
 2"' Mr. Stubbs supposes this parliament it may have been, and probably vfas, as 
 
 sat "in 1390, Jan. 7, March 2." 2 Const. late as the seventeenth, virhich would 
 
 Hist., ch, 16, p. 484, note i. That it make " the twentieth day of January the 
 
 was holden " the Monday next after the fourth day of the parliament," as stated 
 
 feast of St. Hilary," is stated in 2 Stat. in Cotton's Abr., p. 329, No. 6. 
 ■of the Realm 60, and in Cotton's Abr., ^*i See last note. 
 
•CH. xx.J 1377 TO 1399. » 687 
 
 the Treasurer the Keys of the Exchequer, the which the King 
 received and them discharged, together with the Lords of the Great 
 Council; who, being discharged, required openly in the Parliament 
 that every person would complain of anything unduly done by them. 
 The Commons required respit of answer until the next day. At 
 which time they, with the Lords, upon demand, affirmed all to be 
 well done." 
 
 " Whereupon the King recharged those officers by delivering the 
 Great Seal to the said Bishop of Winchester, and the Keys of the 
 Treasury to the said Bishop of St. David's, and received those to be 
 his councillors which were before, with his uncles, the Dukes of Lan- 
 caster and Gloucester; with protestation for any act then done, he 
 would, at his pleasure, take or refuse his councillors aforesaid ; all of 
 which said officers and councillors were then sworn in Parliament 
 faithfully to counsel the King." '^' 
 
 "The "petitions of the Commons with their answers," embrace the 
 following : 
 
 No. 30. "That neither the Chancellor or other Chancellor do 
 make any order against the Common Law; nor that any judgment 
 he given without due process of law." 
 
 Jiesp. "The usage heretofore shall stand, so as the King's royalty 
 be saved." 
 
 33. " That no person do appear upon any writ of quibusdam certis 
 de causas, before the Chancellor or any other the council, where 
 recovery is thereof given by the Common Law." 
 
 Resp. " The King willeth, as his progenitors have done ; saving his 
 regality.""' 
 
 ^^ Cotton's Abr., p. 329 ; I Camp- patent made unto others, which, if it will 
 
 bell's Lives of the Chancellors, pp. 296, not suffice, then certain of the council 
 
 297, of 2d ed. (1846), pp. 280, 281, shall take order therein.'' 
 
 of Boston edii. 1874. In Cotton's Abr., On p. 332, Nos. 21 and 22 are as to 
 
 on pages 330, 331, in Nos. 8 to 17, the king by assent of parliament, cre- 
 
 are proceedings of a judicial nature, ating " his uncle of Lancaster Duke of 
 
 or enactments as to such proceedings. Aquitaine;" and No. 23 is a.s to the 
 
 No. 18, p. 331, is as follows: "For king by like assent,' making "Edward, 
 
 that certain annuities were assigned the eldest son of the Duke of York, Earl 
 
 to be paid to certain justices, banished of Rutland." 
 
 into Ireland in the nth year of the 243 CottQ„'s ^^r^ P- 333- These peti- 
 
 king, without certain limitation how tions (in Nos. 30 and 33) are mentioned 
 
 the same should be paid; it was enacted in 4 Inst., 82, and remarked on in 
 
 that the wives, or other friends of the said i Spence's Eq., 344; citing 'Summary 
 
 justices so remaining in Ireland, should by Sir H. Seton, ii, 23, 24." They 
 
 have to farm aU the lands of the said seem also to be referred to in Legal 
 
 justices, being not sold, to the value Judic. in Ch., edi. 1727, p. 14, and 
 
 of such annuity, notwithstanding any pp. 32, 33. 
 
688 
 
 Reign of Richard II 
 
 [tit. V 
 
 45. " That every man may complain of the oppressions of what 
 person or estate soever, without the incurring the pain of the statute 
 made at Gloucester in the second year of the King." 
 
 Resp. " Every man may complain according to the law." ^^ 
 
 Of statute the first,^ in 13 Ric II (1389-90), the marginal abstracts 
 are as subjoined.''*' 
 
 2" Cotton's Abr., p. 335. 
 
 2«2 Stat, of the Realm, p. 61 to 68. 
 
 a^si. "The Statute 25 Edw. Ill, Stat. 
 6, c. 3, confirmed; the King's presentee 
 shall not be admitted to any benefice full 
 of an incumbent till the King hath re- 
 covered by law ; incumbent removed 
 shall sue within a year." ii. " Jurisdic- 
 tion of the constable and marshal;" of 
 whose contracts the constable hath cog- 
 nizance; declarations thereof; prohi- 
 bition to the constable and marshal." 
 iii. " Limits of steward's and marshal's 
 jurisdiction." iv. " Duty of the clerk of 
 the market of the king's house as to 
 weights, &c. ; penalty for misconduct." 
 V. "Jurisdiction of the admiral and his 
 deputy." vi. "Number of Serjeants at 
 arms thirty ; penalty on them for extor- 
 tion, fine and ransom." vii. "Statute 
 12 Ric. II, c. 10, recited. Who shall 
 be justices of the peace; their oath." 
 viii. " Statute of 12 Ric. II confirmed, 
 except as to justices of peace; justices 
 in sessions shall assess rate of artificers' 
 and labourers' wages, and also gains 
 of victuallers ; defaults in assize of bread, 
 and ale shall be punished corporally; 
 statute 23 Edw. Ill, c. 6, confirmed ; as- 
 size of horse bread, hay and oats." 
 ix. " One measure and one weight 
 throughout the realm, except in Lanca- 
 shire; wood shall be sold 14 lb. the 
 stone; refuse of wools; wool shall not 
 be bought by good packing, and shall 
 be cocheted only in the owner's name." 
 A, " Cogware and Kendal cloth may be 
 made of their usual length and breadth." 
 xi. " Inconveniences from exporting de- 
 ceitful cloth; cloths of certain counties 
 shall not be put to sale, tacked and 
 
 folded; the makers shall put their marks 
 to cloths." xii. " No shoemaker shall 
 be a tanner, nor any tanner a shoemaker." 
 xiii. "Penalty on laymen not having ifis,^ 
 and clergy ;^io a year, keeping dogs, 
 &c., to hunt; one year's imprisonment 
 on enquiry by justices of the peace." 
 xiv. " Bonds to the King in the Exche- 
 quer shall not be of the double." 
 XV. " Castles and jails united to their 
 counties." xvi. " Protection quia pro- 
 fecturus when allowable; protections 
 quia moraturus as before ; repeal of all 
 such protections when the parties re- 
 turn, &c." xvii. " In suits against 
 particular tenants, the reversioner may 
 be received to defend his right; ex- 
 tended to suits now depending: rever- 
 sioner shall find surety of the issues of 
 the lands in demand." xviii. "Proceed- 
 ings against the mayor and bailiffs of 
 Lincoln upon the petition of the bishop, 
 &c., thereof; inconveniences of partial 
 trials of suits in Lincoln by people of 
 the city; on false verdict before the 
 mayor and bailiffs of Lincoln, attaint 
 may be brought and tried by a jury of 
 the county at large." xix. St. Westm. 
 I, 13 E. I, c. 47, as to taking of salmons 
 confirmed ; no devices shall be practiced 
 to destroy the fry of fish ; what time of 
 the year the rivers in Lancashire shall 
 be in defence ; conservation of this stat- 
 ute and their authority." xx. " At 
 what ports persons going beyond sea 
 shall embark.'' The King's mandate 
 for reading and proclaiming this statutfr 
 is dated ' the sixteenth day of May.' 
 
 The first, second, fifth and seventh 
 chapters are retained in i • Statutes Re- 
 vised,' edi. 1870, p. 239 to 242. 
 
CH. XX.] 
 
 1377 TO 1399. 
 
 689 
 
 "In March 1390, the King agreed to a body of rules for the man- 
 agement of the council business."^" 
 
 A mandate of 'the fifteenth day of May' (1390), recites 'Statute 
 the second."*" The marginal abstracts of its first chapter are sub- 
 joined.^*° The residue of ' statute the second ' is mentioned by Mr. 
 Stubbs as "the statute of Provisors passed in 1390, which reenacted 
 the statutes of 135 1 and 1362 with additional safe-guards against 
 Roman usurpation." '°'' 
 
 What is called 'Statute the third' is an ordinance dated 'the 
 twelfth day of May."" Upon it there are observations by Mr. 
 Stubbs.'^' 
 
 In the parliament at Westminster in 14 Ric. II (1390), on Nov. 12,^* 
 ''A long and eloquent discourse of government of the King," was 
 made by "the Bishop of Winchester, being Chancellor," Nov. 12.^°'' 
 
 " The Lords and Commons prayed the King that the Prerogative 
 of him and his Crown might be kept, and that all things done or 
 attempted to the contrary might be redressed, and that the King 
 might be as free as any his progenitors were: whereimto the King 
 granted." '^^ 
 
 Of the statute made in 14 Ric. 11,^°^ marginal abstracts are sub- 
 
 21' 2 Stubbs's Const. Hist., ch. 16, 
 p. 486. " Which show" (says Mr. 
 Stubbs) "that it must have been the 
 threat of compulsion, or the advice of 
 really dangerous counsellors, that had 
 prevented him from accepting the com- 
 mission of 1386." Id. 
 
 2*8 I Stat, of the Realm, p. 68 to 74 ; 
 I Revised Statutes, edi. 1870, p. 242 to 
 
 253- 
 
 249«jJq pardon for murder, treason, 
 rape, &c., shall be allowed unless the 
 otfence shall be specified ; names of suit- 
 ors for pardons shall be endorsed on 
 the bill by the chamberlain ; the bill 
 shall be sent to the keeper of the Privy 
 S.'al, without whose warrant it shall not 
 
 44 
 
 pass; the fine of those at whose suit 
 such pardons are obtained." 
 
 2=02 Stubbs's Const. Hist., cb. 16, 
 p. 485. 
 
 ''^2 Stat, of the Realm, pp. 74, 75. 
 
 ^^2 Stubbs's Const. Hist., ch. 16, 
 p. 485. 
 
 25a November 11 is the day of "St. 
 Martin, bishop and confessor." Par- 
 liament was called for " iAe day after 
 St. Martin." Cotton's Abr., p. 337. It 
 sat from Nov. 12 to Dec. 3. Id., p. 337, 
 and p. 34.0; 2 Stubbs's Const. Hist., 
 ch. 1 6, p. 484, note i. 
 
 =^5* Cotton's Abr., p. 338. 
 
 255/,^., No. 15. 
 
 ^2 Stat, of the Realm, pp. 76, 77. 
 
690 Reign of Richard II [tit. v 
 
 joined.^" By ch. ii " the number of justices of the peace was enlarged 
 from six to eight in each shire." ^*' 
 
 John Penros^^^ was early in 1391 (Jan. 15) removed to the English 
 bench.'^» 
 
 22. Character of Williatn of Wykehani. In 1391, Sept. 2j, the 
 Great Seal resigned by him and entrusted again to Thomas de 
 Arundel. Parliament opened by him in November . Its statute. 
 Observations upon St. 7 Edw. I, 'de religiosis.' Viewed as an 
 efficient limitation on the greed of acquisition. How attempts to 
 frustrate its intention by means of uses and trusts are regarded. 
 
 More than ordinary diligence has been exercised in seeking out 
 what can illustrate the history of William of Wykeham. Mr. Foss 
 says: 
 
 "The results exhibit an active mind never unoccupied; an energy 
 subdued by no difficulties; foresight in the contrivance; caution in 
 the development, and an union of judgment and taste, in the execu- 
 tion of his works ; an absence of all arrogance throughout his rapid 
 advance in clerical honours ; and that discreet exercise of political 
 power which enabled him to hold the first place in the royal coun- 
 sels, without incurring the jealousy of the people. Few men have 
 lived whose career has displayed such continued exertions for the 
 public good, and none have left so many examples of practical wis- 
 dom and well-applied munificence." 
 
 In 1391 he finally gave up the Great Seal on September 27. 
 
 257;. '< The staple removed from Calais justices of peace in each county; their 
 
 into England, as under 27 Edw. Ill, estreats; their wages; seal for servants; 
 
 Stat. 2, c. I ; aliens shall buy English the Statutes 12 Ric. II, 13 Ric. II, st. i, 
 
 goods to the value of half their im- c. 7, and other statutes confirmed." 
 
 ports." ii. " On all exchanges by aliens xii. "Value, of Scottish money," &c. 
 
 English goods shall be bought." iii. "Of- Chapter eleven is retained in i ' Statutes 
 
 ficers of the staple shall be sworn." Revised,' pp. 253, 254, of edi. 1870. 
 iv. " Of whom denizens shall buy wools, 25s 2 Stubbs's Const. Hist., ch. 16, 
 
 which shall not be regrated." v. " Deni- p. 485. 
 
 ^ens shall not export wools," &c. ^'^ Of a Cornish family; raised to the 
 vi. " English merchants shall freight office of a judge of the King's Bench in 
 none but English ships." vii. " Export Ireland, Feb. 27, 1385 (8 Ric. II). 
 of tin." viii. " Rhenish wines need not Foss's Biogr. Jurid. 
 be gauged." ix. "Merchant strangers ™];„(-}ie next year he was made jus- 
 protected." A. "Customers, &c., shall tice of South Wales; he was a trier of 
 not own nor freight ships, and shall hold petitions in the parliament of 17 Ric. II. 
 heir office during pleasure.'' xi. "Eight Id. 
 
<CH. XX.J 
 
 1377 TO 1399. 
 
 691 
 
 In this reign, " during the two years and a half that he retained 
 the Great Seal, he had the happiness to restore the public tranquility 
 so "effectually that the parliament thanked the king for his good gov- 
 ernment.""" 
 
 • 
 
 Upon Wykeham's resignation of the Great Seal, it was again 
 entrusted to Thomas de Arundel ■,'^'^ who, as stated in § 19, p. 682, 
 had become Archbishop of York. 
 
 " The Archbishop of York, Primate and Chancellor of England," 
 declared the causes of the Parliament at Westminster in 15 Ric. II, 
 Nov. (1391).''= 
 
 Of the statute of 15 Ric. II (1391)"" marginal statements are sub- 
 joined.^** Upon chapter 5 Mr. Stubbs has made observations in his 
 
 261 >i jje never appeared prominently in 
 any subsequent political transaction of 
 the reign. He seems to have been still 
 treated with respect by the king, al- 
 though the party with whom he had 
 acted incurred the royal vengeance; but 
 as a payment for this escape from the re- 
 action by which his friends were sacri- 
 ficed, a loan of ;^ 1,000 was extorted 
 fi'om him, which he was not in a con- 
 ■dition safely to refuse." Foss's Biogr. 
 Jurid. 
 
 262 « On each of his appointments as 
 chancellor he received a patent from the 
 king, stating that as he has no domains 
 or villas pertaining to his bishopric near 
 London, where his people, family and 
 horses can be entertained while he is in 
 the office of chancellor, the king assigns 
 to him foy. his livery, by virtue of his 
 office, the villas and parishes of Hakeney 
 and Leyton on the first occasion, and 
 Stebenhyth on the second, so that his 
 people, &c., may be entertained therein 
 liberally and without impediment. (Ry- 
 mer vii, 553-708.) There is a curious 
 instance of the application of the word 
 ' uncle,' in a letter to him from Henry of 
 Lancaster, Earl of Derby (afterwards 
 Henry IV), who addresses him as ' his 
 very dear and very entirely well-beloved 
 
 uncle.' (Proceedings in Chancery temp. 
 Eliz. I, 7.) The actual relationship be- 
 tween them was this : Henry's mother, 
 Blanch, the wife of John of Gaunt, was 
 the granddaughter of the archbishop's 
 grandfather through his mother's elder 
 brother, and was consequently the arch- 
 bishop's grandfather through his mother's 
 elder brother, and was consequently the 
 archbishop's first cousin. It thus appears 
 that it was the custom in that age for 
 children to designate the first cousins of 
 their parents as uncles and aunts ; a 
 practice which is still prevalent in 
 Wales.'' Foss's Biogr. Jurid. 
 
 263 The day of All Souls is Nov. 2. 
 The parliament was called for ' the next 
 day after All Souls.' It sat in 1391 
 from Nov. 3 to Dec. 2. 2 Stubbs's 
 Const. Hist., ch. 16, p. 484, note i. 
 
 264 2 Stat, of the Realm, p. 78 to 82. 
 
 26» i. "Former statutes confirmed.'' 
 ii. " Statutes concerning forcible entries 
 and riots confirmed." iii. "Jurisdiction 
 of the admiral." iv. " Eight bushels of 
 corn striked make the quarter; penalty 
 on buying after any other rate ; forfeiture 
 of the corn." v. St. 7 Edw. I, de Re- 
 ligiosis; converting land to a church- 
 yard declared to be within that statute ; 
 mortmain where any is seized of land to 
 
692 Reign of Richard II [tit. v 
 
 second'"''^ as well as in his third volume. 
 
 Speaking of the mortmain act, and of "the series of provisions in 
 which the statute 'de religiosis' was prefigured, from the Great Char- 
 ter downwards," Mr. Stubbs says: * 
 
 " To forbid the acquisition of lands by the clergy without the con- 
 sent of the overlord of whom the lands were held, was a necessary 
 measure, and one to vvhich a patriotic ecclesiastic like Langion would 
 have had no objection to urge. But the spirit of the clergy had very 
 much changed between 1215 and 1279, and the statute 'de religiosis^ 
 which was not so much an act of parliament as a royal ordinance, 
 was issued at a moment when there was much irritation of feeling be- 
 tween the king and the archbishop. It was an efficient limitation on 
 the greed of acquisition, and although very temperately administered 
 by the kings, who never withheld their license for the endowment of 
 any valuable new foundation, it was viewed with great dishke by the 
 popes, who constantly urged its repeal, and by the monks, whose 
 attempts to frustrate the intention of the law, by the invention of trusts 
 and uses, are regarded by the lawyers as an important contribution 
 to the land-law of the middle ages.^" 
 
 2j. In the parliament of 16 Ric. II {1^92-3), protestation by the 
 ex-chancellor William de Courtney, archbishop of Catiterbury. 
 Statute whereof ch. 5 is of pramunire. Who temporai'ily held 
 the Great Seal in the spring of 1393. In October Ralph de 
 Selby made a baron. 
 
 At Winchester in 16 Ric. II, in January 1392-3,'^ on the day to 
 
 the use of spiritual persons ; mortmain pelled to answer in private courts for 
 
 to purchase lands to gilds, fraternities, matters determinable by the law of the 
 
 ofifices, commonalties; or to their use. land." 
 
 vi. " On appropriation of benefices, pro- The second, third, fifth and sixth 
 
 .vision shall be made for the poor and the chapters are retained in i ' Statutes Re- 
 
 vicav." vii. Stat. 7 Ric. II, c. 16, re- vised,' edi. 1870, p. 255 to 259. 
 
 cited; armour, coin or victuals allowed 2663 Stubbs's Const. Hist., ch. 16, 
 
 to be carried to Berwick; customs on pp. 485,486. 
 
 export thereof," &c. viii. St. 14 Ric. ^^'3 /(^.j ch. 19, pp. 332, 333. 
 
 II, c. 7, as to the export of tin repealed." 268 xhe parliament called for the- 
 
 ix. " Statute of the Staple 27 Edw. Ill, 'Utaves of St. Hilary' was from ' Mon- 
 
 st. cap. 9 recited and confirmed." day,' which was, the Utaves of St. Hilary' 
 
 A. " None shall buy clothes of Guild- adjourned until the next day. i Cott. 
 
 ford until they are fulled," &c. xi. Gird- Abr. 346. Mr. Stubbs states that it sat' 
 
 lers freed from restraint of certain from Jan. 20 to Feb. 10. 2 Const. Hist., 
 
 patents.'' xii. "None shall be com- ch. 16, p. 484, note i. 
 
CH. XX.J 
 
 1377 TO 1399. 
 
 693 
 
 which Parliament was adjourned, the Archbishop of Canterbury,^'''' 
 by the King's appointment, declared the cause of the Parliament.''"' 
 
 No. 20. " William, Archbishop of Cani, maketh his protestation 
 in open parliament, saying that the Pope ought not to excommuicate 
 any bishop or intermeddle for or touching any presentation to any 
 ecclesiastical dignity recovered in any the King's courts. He further 
 protested that the Pope ought to make ho translations to any bishop- 
 ric within the realm against the King's will : for that the same was 
 the destruction of the realm and crown of England, which hath 
 always been so free as the same hath had none earthly sovereign but 
 only subject to God in all things touching regalities, and to none 
 other; the which his protestation he prayed might be entered."'" 
 
 In the statute of 16 Ric. II"'' the fifth chapter is the statute of prSe- 
 munire, which "imposed forfeitures of goods as the penalty for 
 obtaining bulls or other instruments at Rome,""" and "in which the 
 word prcsmunire is used to denote the process" whereby "the law is 
 enforced";'"* it is regarded as one of the strongest defensive measures 
 
 269 William de Courtney, who as stated 
 in § 9, p. 656, resigned the Great Seal 
 Nov. 30, 1 381. 
 
 ™ I Cott. Abr., 346. 
 
 2" Id., p. 348, No. 20. 
 
 ""2 Sut. of the Realm, p. 82 to 87. 
 In the margin is the following as to the 
 chapters : i. " Recital of 9 Edw. Ill, 
 St. I, ch. I, that merchants may freely 
 buy and sell; and of Stat. 25 Edw. Ill, 
 St. 3, ch. 2, confirming 9 Edw. Ill, and 
 enacting that merchants may sell their 
 wares in gross or -by retail ; statute 1 1 
 Ric. II, c. 7, confirming former statutes." 
 "No merchant,- stranger, shall retail any 
 merchandizes but victuals ; no spicery 
 shall be exported." ii. "The Statute 
 15 Ric. II, ch. 12, confirmed; penalty 
 on offenders £20." lii. " Weights and 
 measures shall be according to the 
 standard in the Exchequer, and be pre- 
 -served, &c,, by the clerk of the market," 
 &c. iv. " For the restraining liveries of 
 company." v. " Recital that the remedy 
 to recover presentations to benefices is 
 in the king's court, and that the execu- 
 
 tion thereof is by the bishop; that the 
 pope had awarded processes and sen- 
 tences of ex communication, against cer- 
 tain bishops for executing judgments 
 given in the king's court, and proposed 
 to translate prelates out of the realm, or 
 from one living to another ; the danger 
 therefrom to the freedom of the crown 
 of England; the promise of the com- 
 mons to assist the king in defence of the 
 liberties of his crown ; the like promise 
 of the Lords Temporal ; the promise of 
 the Lords Spiritual present, and of the 
 proctors of the Lords Spiritual absent : 
 Prcemunire for purchasing translations, 
 bulls, or any other instruments from 
 Rome or elsewhere.'' vi. "The Statute 
 13 Ric. II, St. ch. I recited; so much 
 thereof as relates to the terms of charters 
 of pardon confirmed ; so much as relates 
 to the passing of pardons, and to persons 
 soliciting them, repealed." 
 
 ™2 Stubbs's Const. Hist., ch. i6, 
 p. 486. 
 
 "*/</., p. 330; I Stat. Revised, edi. 
 1870, p. 259 to 264. 
 
694 Reign of Richard II [tit. v 
 
 taken during the middle ages against Rome.""' 
 
 In 1393, Richard de Ravenser's brother John'"^ was, on March 26,, 
 appointed with the Master of the Rolls to hold the Great Seal till 
 April i9.«' 
 
 Ralph de Selby""*^ is in a patent of Octo. 24, 1393 (17 Ric. II) 
 appointing him to the office of baron of the Exchequer, described' 
 with the addition ' magister' ; shewing that persons in orders were 
 still appointed to that office."' 
 
 24. In parliament of ij Ric. II (^1393-4) language uttered as to the 
 Kvig's uncle (the Duke of Lancaster') by the chancellor^ s bro- 
 ther, the earl of Arundel, for which the earl had to ask pardon. 
 Legislation of this year. Particularly of the chancellor' s power 
 when writs are grounded upon untrue suggestions. Final 
 decree upon petition of Windsor v. Lindsey. Pardon of fudges 
 banished to Ireland. , Also of parliament in 18 Ric. II. 
 
 At Westminster in 17 Ric. II, January 1393-4, Parliament was, on 
 the day to which it was adjourned,''" opened by "the Archbishop of 
 
 ^'5 Id. Of the legislation comprised two mouths after March 28, 1386 ; that 
 
 in the statutes of prsmunire and provi- of John wa.s probably in the latter part of 
 
 sors, Mr. Stubbs observes, that "in 1393, or early in 1394. Id. 
 
 the hands of Henry VIII it became a ''''^ May have been the Ralph de Selby 
 
 lever for the overthrow of papal supre- ' in utroque jure Doctor', who was made 
 
 macy ; it furnishes in ecclesiastical his- master of King's College, Cambridge, in 
 
 tory the clue of the events that connect 14 Ric. II. Id. 
 
 the Constitutions of Clarendon with the ^'^ Id. He was of the king's council 
 
 Reformation." Id., pp. 331, 332. in 21 Ric. II, but soon after died or re- 
 
 2'6 He and his brother Richard (men- tired. Id. 
 tioned in ch. 19, § 55, and in this chap- '80 On Tuesday, the Quindene of St. 
 ter, \ 16,) were natives of Ravenser, the Hilary, the parliament was adjourned 
 place in the neighbourhood of Kingston- until the next day, at which day it was 
 updn-HulI, where William de la Pole opened. " On Thursday after, the Com- 
 was born ; and to the influence of this mons presented to the king in full par- 
 powerful merchant probably owed their liament Sir John Bussey for their Corn- 
 advance. Both were ecclesiastics : John, mons speaker." Cotton's Abr., p. 345. 
 in 48 Edw. HI, granted an endowment The parliament " ended on Wednesday, 
 to a charity at ' Hellewe,' in connection the 6th of March." Id., p. 356, No. 54. 
 with the church of Waltham. He was Mr. Stubbs supposes that it sat from Jan, 
 keeper of the Hanaper in 1386 (10 Ric, 27 to March 6, 2 Const. Hist., ch. i6^ 
 II). Foss's Biogr. Jurid. p. 484, note I. 
 
 2" The death of Richard was about 
 
CH. XX.] 1377 TO 1399. 695 
 
 Yorke, Chancellor of England." ^'^ His brother Richard, earl of 
 Arundel, had quarrelled with the duke of Lancaster. 
 
 That earl "declared to the King, in the presence of certain Lords, 
 that he had certain conceptions to utter touching the King's honour. 
 First, that he thought it not honorable for the King to suffer the 
 Duke of Lancaster to go arm-in-arm with him. Secondly, that it 
 beseemed not the Duke's men to wear the same colour of livery that 
 the King's did. Thirdly, that the Duke in place of Council and Par- 
 liament spake such bitter words as the said Earl and such like durst 
 not frankly to utter their minds. Fourthly, it was much against 
 the King's profit to give to the said Duke the Duchy of Guienne. 
 Fifthly, touching the great mass of money given to the Duke for his 
 voyage into Spain, and touching the peace by him lately taken." 
 
 Unto all which, after the King had answered and justified it to be 
 good, it was awarded by the King, by the assent of all the Lords, 
 that the said Earl in full parliament, should say to the said Duke 
 these words following, viz : 
 
 ' Sir, sith that it seemeth to the King, and other Lords and eke 
 that each here hath been so mickle grieved and displeased by my 
 words. It forethinketh, and I beseech you of your grace and Lord- 
 ship to quite me your man tallant.' 
 
 The which the said Earl, in the presence of the King and Lords, 
 did speak.'"'' 
 
 "The legislation of 1394 is chiefly mercantile, and most of the 
 other . statutes contain provisions for improving or confirming the 
 laws which had been made in the time of Edward III for the benefit 
 of trade." ^ 
 
 Yet some other notice of the statute of 17 Ric. IP" may be pro- 
 per. After chapters of which marginal statements are subjoined '** 
 is the following : 
 
 VI. " Forasmuch as people be compelled to come before the King's . 
 counsel, or in the chancery by writs grounded upon untrue sugges- 
 
 ^^ Cotton's Abr., p. 351. coin shall be current in England, nor 
 
 ''^Id., p. 352 ; 2 Stubbs's Const. Hist., exchange made of English money for 
 
 ch. 16, p. 489. Aruhdel was sent to the Scottish." ii. " Cloths may be made of 
 
 Tower August 3, but liberated on the any length and breadth ; no cloth shall ' 
 
 loth. Id., p. 490, note i. be sold until measured, &c., by the Aul- 
 
 ^^2 Stubbs's Const. Hist,, ch. i5, neger; deceit in making, cloth forbid- 
 
 p. 486. den." iii. " Bolts of single worsted 
 
 *" 2 Stat, of the Realm, p. 87, et seq. may be exported." iv. " Malt sold for 
 
 ^^\. "9 Edw. in, Stat. 2, ch. 3, London shall be cleansed from dust." 
 
 against melting money recited ; extended v. " Certain officers of the revenue shall 
 
 to groats and half-groats ; no foreign not hold their offices for life or years. 
 
696 Reign of Richard II [tit. v 
 
 tions, "that the chancellor, for the time being, presently after that 
 such suggestions be duly found and proved untrue, shall have power 
 to ordain and award damages according to his discretion, to him 
 which is so troubled unduly, as afore is said." '^ 
 
 Opposite other chapters of 17 Ric. II, are the statements below."*' 
 
 No. 10. "John de Windsor complaineth and requireth to be 
 restored to the manors of Rampton, Cottenham and Westwick, with 
 their appurtenances, in the county of Cambridge, the which were 
 adjudged to him by the King's award, then being in the possession 
 of Sir John Lisley, and now withholden by Sir Richard le Scrape, 
 who by champerty bought the same. The cause was this upon the 
 petition of Windsor against Lysley; they both compromitted the 
 matter to the King's order; the King -com mitteth the same to the 
 council ; they digesting of the same made a decree for Windsor under 
 the Privy Seal; they sent warrant to the Chancellor to confirm the 
 same, which was done under the Great Seal by a special injunction to 
 Lysley and a writ to the sheriffs to execute the same. After this, 
 Lysley, hy petition to the King, requireth that the same might be 
 determined at the common law, notwithstanding any former matter ; 
 the King accordingly by Privy Seal giveth warrant to the Chancellor 
 to make a supersedeas, the which was done by Privy Seal. After 
 which Sir Richard le Scrope bought the same. Upon the ripping ""^ 
 of the whole matter this sale was thought no champerty; whereupon 
 it was adjudged that the said Windsor should take nothing by his 
 suit, but to stand to the commo7t law, and that the said Richard 
 should go without delay." '^' 
 
 '^'^2 Stat, of the Realm, p. 88; of jail delivery." xi. "Aldermen of Lon-. 
 
 1 'Statutes Revised,' edi. 1870, p. 265; don shall not be removed without due 
 
 2 Reeve's Hist, of Engl. Law, ch. 17, cause." xii. "The Statute 28 Ed. Ill, 
 ed. 1869, p. 470. c. 10, shall not extend to erroneous judg- 
 
 ^*" vii. " Corn may be exported sub- ments in London." xiii. " For the ward 
 
 ject to order of council." viii. "The of Farringdon, in London, two aldermen 
 
 Statutes 5 Ric. II, St. i, ch. 7, against shall be elected." 
 
 riots, &c., recited ; such riots prohibited, The eighth chapter (as well as the 
 
 and sheriffs required to suppress them by sixth) is in i ' Statutes Revised,' edi. 
 
 the power of the county." ix. " The iS^o, pp. 265, 266. 
 Statutes 13 Edw. I, St. 1, ch. 47 ; 13 Ric. *88 As to this word see next note. 
 
 II, Stat. I, c. 19, for the preservation of ^fSCottgn's Abr., pp. 351, 352, No. 10. 
 
 salmons, &c., recited; the justices of Of this case there is a statement in 2 
 
 jieace shall be conservators of the recited Inst., 533, and in 4 Inst., 83. It is in 
 
 statutes; under-conservators appointed 2 Inst., 533, that Lord C'o/Jf'j statement 
 
 by the justices; the justices shall enquire concludes thus: "Upon the deliberate 
 
 of offences at the sessions; the mayor of hearing of the whole matter by the lords 
 
 London shall have the conservancy of of parliament, it was resolved that the 
 
 the statutes in the waters of the Thames.'' purchase of the said manors was no 
 
 X. " Two lawyers shall be commissioners champerty ; and it was adjudged that Sir 
 
CH. XX.] 1377 TO 1399. 697 
 
 No. 18. "Sundry of the Bishops and Lords in the Parliament 
 assented that the King might shew favour and pardon to the late 
 justices banished into Ireland, touching their return; whereof the 
 Commons being demanded make the like answer, so as they incur 
 not the breach of their oath and conscience by the statute therefore 
 made."™ 
 
 In 'Statutes of the Realm,' there is nothing of the parliament at 
 Westminster in 18 Ric. II, in January (1394-5)™ when the Chancel- 
 lor of England stated "that the Duke of Gloucester was sent into 
 the realm to declare the King's passage into Ireland."'''"' 
 
 25. Of Richard's character; the be7ieficial influence of good coun- 
 cillors. Of his course during his marj'iage zi'itk Anne of Bohe- 
 heniia / and the differe7it course after the 'good Queeyi ' died, 
 especially after his alliance iji 1396 with Isabella, daughter of 
 the King of France. 
 
 " Richard's personal character throughout the reign is a problem ; 
 in the earlier years because it is almost impossible to detect his inde- 
 pendent action, and in the later ones because of its surprising incon- 
 sistencies ; and both earlier and later because where we can read it, 
 it seems so hard to reconcile with the recorded impressions of his 
 own contemporaries.'' 
 
 Giving due weight to this observation of Mr. Stubbs '^' it is to be 
 remembered that Richard's reign began in July 1377; and on the 
 3d of May 1389, he. was in his twenty-second year, or not more than 
 three and twenty.''''* During his childhood the administration of the 
 government, though in his name, was by the council. In June, 1381, 
 when for a time ' disorder had grown beyond control of the council,' 
 there was on the part of Richard greater boldness and prudence than 
 could be expected from a young prince not quite sixteen years of 
 
 John de Wyndesor should take nothing was adjourned until the next day.' Cot- 
 
 by his suit, but stand to the common ton's Abr., p. 358. This parliament sat 
 
 law, and that Sir Richard le Scroop go from Jan. 27 to Feb. 15. 2 Stubbs's 
 
 without day." Const. Hist., ch. i5, p. 484. 
 
 2W Cotton's Abr., p. 353. ''■^ " The Lords and Commons towards 
 
 2'^ The parliament was called for ' the the conquest of Ireland grant to the king 
 
 Quindene of St. Hilary.' On ' Wed- one-tenth and one-fifteenth." Cotton's 
 
 nesday, the isth of St. Hilary,' it 'by Abr., p. 358. 
 
 the assent of the Duke of Yorke, the ™2 Const. Hist., ch. 16, p. 499. 
 
 king's Uncle and warden of England, "'* See \ 20, ante, p. 684. 
 
698 Reign of Richard II [tit. v 
 
 j^gg_>295 -pjjg youth 'who had discovered so much courage, presence 
 of mind and address, and had so dextrously eluded the violence of 
 this tumult, raised great expectations in the nation.'^" Yet he was 
 held by his uncles in a subjection ^" which, though authorized as to 
 one no older than Richard then was, may have been of a kind not 
 the best calculated to cause fulfilment of such expectations ; and may 
 have enabled Robert de Vere, earl of Oxford, to acquire over Rich- 
 ard a greater influence ^'' than probably would have been acquired if 
 his uncles and lawful councillors had in a proper and becoming way 
 shown greater consideration for him. Such measures as were taken 
 by him in 1386™ might never have been taken if at that period his 
 council had been what it was during the two years and a half that 
 William of Wykeham was his Chancellor. It is admitted that from 
 the 3d of May, 1389, when he acted as stated in § 20, p. 684, his 
 authority was exercised with moderation,^"" for a considerable time ; 
 not only during the whole period of Wykeham's chancellorship, but 
 during most of that of Thomas of Arundel. It is observed by Mr. 
 Green that "for nine years the young king wielded the power which 
 thus passed into his hands with singular wisdom and good for- 
 tune";™^ and by Mr. Stubbs that "for eight years Richard governed 
 England as, to all appearance, a constitutional and popular king."""'^ 
 With this ''period of eight years of peace" is connected the sugges- 
 tion that the influence of Queen Anne of Bohemia may have led 
 Richard to cultivate the arts oi peace. "^"^ 
 
 ^'^4 CoUyer's Engl., p. 175. own will from the counsellors of his 
 
 ^'^ Id., p. 180; 2 Hume's' Engl., ch. youth, calling to his service the lords 
 
 17, pp. 286, 287, of N. Y. edi. 1850. appellant, reconciled alike with the 
 
 '^Wd., p. 28S. baronage and the parliament, the young 
 
 2^84 CoUyer's Engl., edi. 1775, p. 182; king promisedto be among the noblest 
 
 2 Hume's Engl., ch. 17, p. 288, of N.Y. and wisest rulers that England had 
 
 edi. 1850. seen." Hist, of Engl. Peop., book 4, 
 
 *^'§ 17, anil, -p. 674. ch. 4, pp. 509, 510, of vol. 1. 
 
 8<»4 CoUyer's Engl., edi. 1775, p. 188; ^' 2 Const. Hist., ch. 16, p. 483. 
 
 2 Hume's Engl., ch. 17, p. 297, of N.Y.' ^"^ Id., pp.487, 48S. She is mentioned 
 
 edi. 1850. as " a princess of great accomplishments, 
 
 *i Green's Short Hist., ch. 5, § 5, p. 27. and of still greater virtue, who during 
 
 "The rule of Richard the Second, after the twelve years of their union possessed 
 
 his assumption of power, had shown his the affections of her husband, and after 
 
 capacity for self-restraint. Parted by his her death was long remembered by the 
 
CH. XX.J 
 
 1377 TO 1399. 
 
 699 
 
 " It was through her patronage " that the tracts and bible of the 
 Reformer had been introduced into her native land, to give rise to 
 the remarkable movement which found its earliest leaders |in John 
 Huss and Jerome of Prague." ""* 
 
 In 1394 Queen Anne died at the palace of Shene.™^ 
 
 "On the occasion of" her "funeral, Richard conceiving that the 
 procession had been kept waiting by " (the earl of) "Arundel, lost 
 his temper and struck him with so much violence as to draw blood, 
 and so, in ecclesiastical language, polluted the church at Westmin- 
 ster."™ 
 
 Considering that Isabella, daughter of Charles VI of France was 
 not born till 1387, Nov. 9, it caused great wonder in England that 
 Richard should wish her for a second wife; but her youth is men- 
 tioned as 'one of his reasons for preferring her.' In 1396 a treaty 
 for the marriage was signed ; in the fall of that year the two kings 
 met in France; "on the Tuesday which was All Saints' day (Nov. 
 i), the king of England was married by the archbishop of Canter- 
 bury, in the church of St. Nicholas at Calais, to the Lady Isabella of 
 France."'"' , 
 
 After this alliance there was a material change in Richard's 
 
 course."™ 
 
 people under the appellation of the 
 'good Queen Anne.'" 4 Lingard's 
 Engl., ch. 3, p. 185. 
 
 »* Green'.s Short Hist., ch. S, § 5, p. 276. 
 "The Lollard books which were sent 
 into their native country by the Bohe- 
 mian servants of the new queen, stirred 
 the preaching of John Huss and the 
 Hussite wars." Hist, of Engl. Peop., 
 book 4, ch. 4, p. 497, of vor. I. 
 
 "®4 Lingard's Engl., ch. 3, p. 229. 
 She was buried " on Monday, the third 
 of August," at Westroinster. There, in 
 the abbey, is a monument to her memory. 
 Froissard, y. 295, of N. Y. edi. 1858. 
 According to the inscription she ' passed 
 away' on July's seventh day.' Yet the 
 king's letter, mentioning her death, is 
 dated ' the loth day of June^ as printed 
 in Miss Strickland's Queens of England, 
 vol. 2, page 221, of Phila edi. 1857. 
 
 ^"62 Stubbs's Const. Hist., ch. 16, 
 pp. 489-490. In the same year (1394) 
 " the dukes of Lancaster and York lost 
 their wives, who were sisters ; and the 
 countess of Derby, who was also sister- 
 in-law to Gloucester, died. The domes- 
 tic relations of the royal house were 
 largely-modified by this ; John, of Gaunt, 
 now married Catharine Swinford, the 
 mother of his children, and obtained for 
 them recognition as members of the 
 royal family." Id.,'p. 490. They were 
 " three sons and one daughter of the 
 surname of Beaufort, from Beaufort 
 Castle in France, in which they were 
 born. 4 Lingard's Engl., ch. 3, p. 234. 
 
 '"' Froissard, ch. 73, p. 577, and ch. 80, 
 pp. 585, 586, of N. Y. edi. 1858; 
 10 Harl. Miscel., p. 303, edi. 1810. 
 
 3»84 Lingard's Engl., ch. 3, p. 235; 
 2 Stubbs's Const. Hist., ch. 16, p. 490. 
 
■700 
 
 Reign of Richard II 
 
 [tit. V 
 
 26. How the office oj Master of the Rolls was filled during 
 ' this reign. 
 
 William de Bjirstall (mentioned in ch. 19, § 52, p. 624) continued 
 Master of the Rolls during the first four years of Richard's reign." ^™ 
 
 John Waltham received his patent as Keeper of the Rolls Sept. 8, 
 1381.^'" As his predecessor was, so Waltham became, keeper of the 
 House of Converts, a benefice which was ever after appended to the 
 office of Master of the- Rolls.''" He resigned both October 24, 1386, 
 and was then appointed Keeper of the Privy Seal.'" 
 
 John de Burton'"^ was appointed Master of the Rolls Octo. 24, 
 1386, and held the office till July 22, 1394."' 
 
 On that day he was succeeded by John de Scarle?^^ tJe held the 
 
 ■'™He died in 138 1. Foss's Biogr. 
 Jurid. 
 
 ''" Besides being one of those to whoiil, 
 as stated in ^ 11, p. 661, the custody of 
 the Great Seal was entrusted, in 1382, 
 from July 1 1 to September 10, he per- 
 formed the like duties in 1386 on two oc- 
 casions ; on one, from Feb. 9 to March 
 28, two clerks of the chancery were asso- 
 ciated with him ; on the other, from April 
 23 to May 14, he acted alone. Id. 
 
 '"Ireland's Inns of Court, edi. 1800, 
 sect. 15, pp. 203, 204. 
 
 '''^ In the meantime his ecclesiastical 
 preferments were numerous. He be- 
 came successively canon of York, arch- 
 deacon of Richmond, master of Sher- 
 burn hospital, Durham, and sub-dean of 
 York. While holding the office of Mas- 
 ter of the Rolls, he alleging that it was 
 incumbent on him to visit his arch- 
 deaconry, obtained a patent eiiabling 
 him, as often as he should absent himself 
 for that or any other reasonable cause, to 
 depute any person whom the chancellor 
 should consider sufficient to exercise his 
 office in his absence ; the power of such 
 deputy to cease after his return. He 
 had not long resigned the mastership of 
 the Rolls before . he was elected bishop 
 
 of Salisbury; the papal provision being 
 dated April 3, 1388. He was called 
 upon, in 1391 (14 Ric. II), to serve in 
 the office of treasurer, and retained it 
 till his death, about Sept. 17, 1395. 
 Then " the king, notwithstanding the 
 murmurs of many objectors, caused his 
 remains to be interred in the royal 
 , chapel of Westminster Abbey, where 
 they now lie near the monument of Ed- 
 ward I." Id. 
 
 313 « Whether he was the John de Bur- 
 ton who held benefices about this time in 
 Cambridgeshire and Yorkshire, and was 
 very liberal to the institutions of these 
 counties, is uncertain." Foss's Biogr. 
 Jurid. 
 
 ^i*That he died in possession of this 
 office is proved by the mandate to give 
 up the Rolls of the chancery, being di- 
 rected not to him but his executors. Id. 
 During the chancellor's absence, he was, 
 in 1393, from March 26, till April 19, en- 
 trusted with the Great Seal, together with 
 John de 'Ravenser, as stated in J 23, 
 p. 694. 
 
 "5 So called from a place of that name 
 in Lincolnshire, in which county some of 
 his family were located in the reign of 
 Edw. III. He was a clerk of the chan- 
 
CH. XX.] 1377 TO 1399. 701 
 
 office about three years and two months, during which he several 
 times acted as keeper of the Great Seal. With William de Walt- 
 ham}^^ keeper of the Hanaper about 18 Rich. II, John de Scarle had 
 the temporary custody of the Great Seal on October i. Again it 
 was in his possession when Archbishop Arundel was removed, Nov. 
 23, 1396. On September 16, 1397, Scarle resigned the mastership of 
 the Rolls and resumed his position as clerk in the chancery."" 
 
 Thomas de Siaiiley^^^ was constituted Master of the Rolls Sept. 
 II, 1397.'" 
 
 27. In isp6 additions to the Common Pleas; Thomas de Arundel 
 • succeeded William, de Courtney as Archbishop of Canterbury 
 and resigned the Great Seal. It was delivered {in Nov.) to 
 Edmund de Stafford, bishop of Exeter. Proceedings and stat- 
 tcte of parliament. Arrest of the Duke of Gloucester, Earl of 
 Arundel, and also of Warwick. 
 
 In 1396 (19 Ric. II), January 15, William Thirning (mentioned in 
 § 19, p. 682) was raised to the chief seat in the Common Pleas;"''" on 
 July 7 fohn Markham^^^ was raised to the same bench. 
 
 The death of William de Courtneye, Archbishop of Canterbury, 
 having occurred July 31, Thomas de Arundel v/a.s translated to the 
 province of Canterbury "'' and resigned the Great Seal Sept. 27. It 
 
 eery of the higher grade as early as 6 Ric. '■'^ Foss's Biogr. Jurid. 
 
 II (1382), from which year, till 1397, he '"Qf Sedgebrook, in Lincolnshire,, 
 
 was always one of the receivers of peti- whose ancestors were settled at a village, 
 
 tions in parliament, of which he also so called, in Nottinghamshire. John 
 
 acted as clerk for the eight years between was son of Robert Markham, a serjeant- 
 
 9 and 17 Ric. II. Foss's Biogr. Jurid. at-law in the reign of Edward III, by a 
 
 ^i*In 21 Ric. II, he granted a mes- daughter of Sir John Caunton, knight, 
 
 suage and a shop in St. Martin 's-le- It is said that he received his legal edu- 
 
 Grand, London, to the abbot and con- cation at Gray's Inn, and became a 
 
 vent of Croyland. Id. king's Serjeant in 1390 (14 Ric. II.) Id. 
 
 ^" Id. ■ '22 Mentioned as the first instance of a, 
 
 '''One of the clerks of the chancery, removal from one archbishopric to the 
 
 from 1 1 Ric. II, when he first appears as other. Foss's Biogr. Jurid. Mr. Stubbs 
 
 a receiver of petitions. He held this states that Arundel " immediately held 
 
 place for ten years. Id. a council which condemned heretical 
 
 'I'He was on the banishment of propositions; but political affairs pre- 
 
 Heury of Lancaster, in 1398, selected vented any new legislation" in this 
 
 . as one of his attorneys during his ab- reign. 3 Const. Hist., ch. 19, p. 357. 
 sence. Id. 
 
702 Reign of Richard II [tit. v 
 
 was delivered, Nov. 23, to Edmund de Stafford^'^ bishop of Exeter. 
 
 At Westminster in 20 Ric. II, 'the Monday in the feast of St. 
 Vincent' (Jan. 22, 1397), "the King being in the Parliament, the 
 Bishop of Exeter, being the chancellor, declared the cause wherefore 
 the Parliament was called." '''* 
 
 " On Tuesday following, the Commons chose Sir John Bussey to 
 be their speaker, whereto the King agreed." 
 
 After other proceedings, on Wednesday and Thursday, "the 
 chancellor declareth to the Commons that he and others of the 
 King's officers would come the next parliament and debate with 
 them of weighty affairs." 
 
 " On Friday, in Candlemas week, the Chancellor, being willed by 
 the King to declare the conference with the Commons, answered that 
 they required four points" (naming them). /The fourth was, "for 
 the avoiding the outrageous expences of the King's House and 
 namely of Bishops and Ladies." 
 
 "The King by his own mouth answereth to every article, and 
 touching the fourth, seemed much offended, saying that he would be 
 free therein; and that the Commons thereby committed offence 
 against him, his dignity and liberty; the which he willed the Lords 
 to declare the next day to the Commons." 
 
 " And further willed the Duke of Lancaster to charge Sir John 
 Bussey, Speaker of the Parliament, to declare the name of him who 
 exhibited thesame bill." 
 
 " After this declaration made by the Lords to the Commons, the 
 Saturday ensuing, they delivered the name of the exhibitor, which 
 was Sir Thomas Haxie ; the which bill was delivered by the clerk of 
 the Parliament to the clerk of the Crown. After which the Commons 
 forthwith came before the King, shewing themselves heavy of cheer; 
 and declaring that they meant no harm, they submitted themselves 
 t0 the King and most humbly craved pardon." 
 
 "The Chancellor, by the King's commandment, declared that the 
 King held them excused." 
 
 " Sir Thomas Haxie, by Parliament adjudged to die as a traitor. 
 The Archbishop of Canterbury, and other bishops, craved of the 
 King that the said Thomas might have life; the which the King 
 granted. That done, they, for the honesty of the church, required 
 that he might remain in their keeping, the which the King also 
 
 '^' Born about 1 345 ; grandson of Sir priesthood ; appointed dean of York in 
 
 Ricliard de Stafford of Clifton, in Staf- August, 1385; became keeper of the 
 
 fordshire, who was younger brother of Privy Seal in 1391, and- was raised to 
 
 Ralph, created Earl of Stafford in 1351, the bishopric of Exeter Jan. 15, 1395. 
 
 and son of another Richard, who was Id. 
 
 summoned to parliament as a baron in ''* Cotton's Abr., p. 360. 
 1371. Edmund was educated for the 
 
CH. XX.J 
 
 1377 TO 1399. 
 
 703 
 
 granted, and commanded Sir Thomas Sercie, steward of his house- 
 hold, to deliver the said Thomas Haxie to the Archbishop."'^* 
 
 The subjoined proceedings ''^^ have greater interest than would 
 otherwise pertain thereto, because of the fact appearing in ch. 22, § 7 
 and § 13, pp. , , that of the children of John of Gaunt (duke 
 
 of Lancaster) by Catharine Swinford, Henry Beaufort, the second 
 son, became Chancellor of England in 1403, and his younger brother, 
 Thomas, received the Great Seal in 1410. 
 
 This parliament sat until Feb. 12.^" Its statute'"* has six chapters. 
 
 '^ Cotton's Abr., pp. 361, 362, No. 14 
 to 17, and No. -23; 2 Stubbs's Const. 
 Hist., ch. 16, p. 491 to 493 ; 4 Lingard's 
 Engl., ch. 3v p. 237, note. In I H. IV, 
 " Upon the petition of Sir Thomas Haxey, 
 clerk, the king pardoneth and revoketh 
 the judgment made against him in An. 
 XX, R. II, tit. 23, restoreth him to the 
 blood and to the recovery of all his 
 goods livings, lands and tenements." 
 Cotton's Abr., p. 393, No. 91. 
 
 '2^ 28. " The King, as sole Emperor 
 of the Realm of England, for the hon- 
 our of his blood, willeth, and of his full 
 power enabled aiid made mulier, of 
 his proper authority, Sir John Beau- 
 ford, his brothers and sisters, and also 
 published their legitimation, according 
 to the form of his charter (the which 
 was read in full parliament), and de- 
 livered the same to the Duke of Lan- 
 caster, their father. 
 
 29. The like charter was made to 
 John Knight, Henry Clarke, Thomas 
 de Damosells and Joan Beauford, the 
 damosel and dear children of John, 
 Duke of Lancaster. 
 
 30. The Chancellor then declared 
 how that the King had created the said 
 John, his cousin. Earl of Somerset, to 
 have to him and the heirs males of his 
 body lawfully begotten, with ;^20 in the 
 like manner yearly of the profits of the 
 county of Somerset. . 
 
 31. Whereupon the same John was 
 
 brought before the King in parliament 
 between the Earls, viz : of Huntington 
 and Marshall, arrayed in a robe, as 
 in a vesture of honour, with a sword car- 
 ried before Jjim; the pomel whereof 
 being guilded. And the charter of his 
 creation was openly read before the 
 Lords and Commons; after which the 
 King girded him with a sword afore- 
 said, took his homage and caused him 
 to be set in his place in the parliament, 
 viz : between the Earls Marshall and 
 Warr. 
 
 32. The charter of the said creation. 
 The King granteth to the Earl of Not- 
 tingham and to the heirs males of his 
 body lawfully begotten : the office, name 
 and title of Earl Marshall of England ; 
 the office of Marshall in the King's 
 Bench and in the Exchequer ; the office 
 of Proclaimer Marshall; the Steward 
 and Marshall of the King's household ; 
 and further that the said Earl and his 
 heirs males, Marshalls of England, By 
 virtue thereof, may carry before them a 
 certain golden staff enamelled black at 
 both ends, with the King's arms at the 
 upper end and his own arms at the 
 nether end; the which charter was 
 openly read in the parliament and de- 
 livered to the said Earl." Cotton's 
 Abr., pp. 363, 364. 
 
 3" 2 Stubbs's Const. Hist., ch. i6, 
 p. 491. 
 
 S28 2 Stat, of the Realm, p, 92 to 94. 
 
704 Reign of Richard II [tit. v 
 
 Thereof the marginal statements are subjoined/''' 
 
 " When the earls of Arundel and Gloucester withdrew, as they 
 shortly did, from the court, after a personal altercation with" the 
 King, "in which his uncle reproached him for his indolence, he 
 determined to forestall any designs which they might have against 
 him." — " Gloucester, Arundel and Warwick were supposed to be 
 acting together. And Richard was informed by Nottingham that at 
 Arundel they had formed a formidable conspiracy against him. He 
 determined to anticipate them, and invited them to a royal ban- 
 quet on the 8th of July; only Warwick attended, and he was 
 arrested."^™ — "A few hours afterwards Arundel, having, as his bro- 
 ther declared, obtained from Richard a promise that he should suffer 
 no bodily harm, smrendered, and the same night the King, with his 
 half-brother, the earl of Huntingdon, the earl of Kent, his nephew, 
 Rutland his cousin, and Nottingham, went down to Pleshy and 
 seized the duke of Gloucester, who was forthwith sent in custody to 
 Calais." ='' 
 
 28. In 139J, at Westminster, in Sept., Parliament opened by the 
 Bishop op Exeter as Chancellor. Who was Speaker of the 
 Commons ; and Proctor of the Clergy. What pardons were 
 repealed. How there was impeachment of and judgment ■ 
 against Thomas Arundel, archbishop of Canterbury , for acts in 
 his chaiicellorship. How judgm-ents were rendered against the 
 dead. What was done as to the livhig. Proceedings in session 
 at Shrewsbury iti Jan. ijgy-8. Stat, of 2i Ric. H. As to Stat. 
 10 Ric. H, questions put to judges ; and answers. On those 
 answers what was said by Wm. Hajikford, Wm. Brenchesley 
 and Wm. Thirning. 
 
 In 21 Ric. II (1397) Parliament met at Westminster on Sept. ly.'''^ 
 
 829i. " Recital of St. 7 R. 11, c. 13 : by the advice of the earls of Rutland, 
 
 confirmation thereof; no man shall ride Kent, Huntingdon, Nottingham, Somer- 
 
 or go armed; the Statute i Ric. 11, c. 7, set and Salisbury; Thomas leDespenser, 
 
 touching giving of liveries confirmed;" and the under-chamberlain, William le 
 
 ii. "Liveries of companies restrained;" Scrofe. This was declared by RicharS 
 
 iii. " None shall sit upon the bench v^ith in giving notice of the arrest, July 15, to 
 
 justices of 'assize;" iv. " Recital of St. the sheriffs. (Rymer viii, 7; cf. Ann. 
 
 28 Edw. Ill, ch. 13, concerning mer- Ricards, p, 206.) 2 Stubbs's Const, 
 
 chants strangers: confirmation thereof; " Hist., ch. 16, p. 493, and note i. 
 
 V. "Penalty for taking horses, &c., for ™i/rf., pp. 493,494. At a gathering 
 
 the King's service without warrant;" of the king's partizans at Nottingham, 
 
 vi. " License to Belknap and others to it was arranged on Aug. 5 that the pri- 
 
 return to England notwithstanding Stat- soners shall be appealed of treason ; 
 
 ute 1 1 Ric. II." for what acts and by whom. Id., p. 494. 
 
 330 « 'pije order for the arrest was given ^'^ Sept. 14 is the day of ' Exaltatia 
 
CH. XX.] 1377 TO 1399. 705 
 
 In the King's presence, and by his command, the Bishop of Exeter 
 as Chancellor of England, declared for what 'the Parliament was 
 called.' Next day the Commons presented Sir lohn Bussey for their 
 Speaker. 
 
 '■ For that divers judgments were heretofore undone, for that the 
 Clergy were not present, the Commons prayed the King that the 
 Clergy would appoint some to be their Common Proctor." — "The 
 Bishops therefore being severally examined, appointed Sir Thomas 
 Percie their Proctor." 
 
 "Sir John Bussey rehearsed in effect, the oration made by the 
 Chancellor," and "sheweth further."^'' Then there is a repeal or 
 revocation of certain pardons.'^* 
 
 15. "The Commons, in full Parliament accused Thomas Arundel, 
 archbishop of Canterbury, that when he was chancellor he pro- 
 cured, and as chief, executed, the same commission made traitor- 
 ously in the tenth year of the King. And also for that the said 
 archbishop procured the Duke of Gloucester and the Earls of Arun- 
 del and War, to encroach to themselves royal power and to judge 
 to death Simon de Burleigh and Sir John Barnts^^ without the 
 King's assent. Whereupon the Commons require"d that the same 
 archbishop might rest under safe keeping." 
 
 On the next day^'° "the Commons prayed the King to give judg- 
 ment on the same Archbishop, according to his desert. The King 
 announced that privately the said Archbishop had confessed to him 
 how he mistook himself in the same commission, and therefore sub- 
 mitted himself to the King's mercy. Wherefore the King, Lords 
 and the said Sir Thomas Percie adjudged the fact of the said Arch- 
 bishop to be treason, and himself a traitor. And therefore it was 
 ordered that the said Archbishop should be banished ; his temporali- 
 ties seized, his lands and goods forfeited as in fee, as in use, as in 
 possession. The King farther prescribeth that the said Archbishop 
 should take his passage on Friday in the six weeks of Michaelmas, 
 at Dover, towards the ports of France." '" 
 
 S. Crucis.' This parliament was holden '^^ Cotton's Abr., p. 368. The name 
 
 " the Monday next after the exaltation of is James Bernersin I St. Tr., pp. 123, 124. 
 
 the cross." Cotton's Abr., p. 367. It ^'^ Id. As to the day there seems to 
 
 is stated by Mr. Stubbs that parliament be a misprint in Cotton's Abr., p. 368, 
 
 met "on the 17th of September." No. 16. Mr. Stubbs states as to the 
 
 2 Const. Hist., ch. 16, p. 494. archbishop that "on the 25th he was 
 
 ''' Cotton's Abr,, pp. 367, 368. sentenced to banishment." 2 Const. 
 
 '^*To the Duke of Gloucester and the Hist., cb. 16, p. 495. 
 
 Earls of Arundell and Warr, in 11 Ric. '"Cotton's Abr., p. 368, Nos. 15, t6j 
 
 II; and to Richard, Earl of Arundell, i State Tr., pp. 123, 124. 
 in 16 Ric. II. Id., p. 368, Nos. 12, 13. 
 
 45 
 
706 Reign of Richard II [tit. v 
 
 For the articles of the Lords appellants against the Duke of Glou- 
 cester, the earls of Arundel and War, &c., and Sir Thomas Morti- 
 mer, and for the proceedings thereupon, reference may be had to the 
 volumes mentioned below.''* Therein it may be seen that in some 
 cases wherein by reason of previous death judicial Tuurder could not 
 be perpetrated, judgments were rendered against the dead. The 
 ' commandment to the Lieutenant of the Marshal of England, to do 
 execution upon Richard, earl of Arundel, is followed by this : 
 
 " Upon a writ sent to Thomas, Earl-Marshall, Captain of CalHce, 
 to brinjf forth the body of Thomas, Duke of Gloucester, the said 
 Captain returned the said Earl was dead in his keeping in the King's 
 prison at Callice. After which return read in Parliament, the Lords 
 appellants, in proper person, required that the said Duke might be 
 adjudged even as a traitor; the Commons required the same: where- 
 upon the Duke was adjudged a traitor; and that he should forfeit 
 all such lands in fee or feetail, as he had the thirteenth day of No- 
 vember, in the eleventh year of the King, and all his goods and chat- 
 tels."''" 
 
 Then there is an affirmation of a confession stated to be made by 
 the said Duke.'*° After which is this : 
 
 " The eighteenth day of March, in the two and twentieth year of 
 the King, the King by assent of the Lords, as having full authority 
 therein, doth adjudge Sir Robert Pleasington, Knight, then dead, a 
 traitor, as procuring, with the Duke of Gloucester, the levying of 
 war at Harringey, for which he should lose all such his lands in fee 
 or feetail, and goods which he had the thirteenth of November, in 
 anno ii.'"" 
 
 The Earl of Warwick being brought from the Tower, and confess- 
 ing what he was accused of, there was judgment against him as to 
 his lands and goods; and that he remain banished during life in the 
 Isle of Man.'*^ 
 
 338 Cotton's Abr., p. 376 to 379; I State Tr., p. 131 to 134; and Cotton's Abr., 
 
 Tr., p. 126, et seq. ; 4 CoUyer's Engl., P- 393) No. 93. As to the murder of the 
 
 p. 193 to 195, of edi. 1775; 2 Hume's Duke of Gloucester, see Id., p. 400, No. 
 
 Engl., ch. 17, p. 300 to 303, of N. Y. n to 16; I State Tr., pp. 162, 163; and 
 
 edi. 1850; 4 Lingard's Engl., ch. 3, Foss's Biogr. Jurid., tit. • Rickill Wil- 
 
 p. 238 to 245 ; 2 Stubbs's Const. Hist., liam.' 
 
 ch. 16, pp. 495, 496. '"/(/., p. 381, No. 27. 
 
 839Cotton's Abr., p. 378, No. 9; 1 State '-t^Cotton's Abr.,p.379,Nos. 12, 13, 14; 
 
 Tr., pp. 130, 131. I State Tr., 134. 
 
 3*" As to which confession see i State 
 
CH. XX.] 1377 TO 1399. 707 
 
 Thomas Mortimer, ' who was fled into the wild parts of Ireland,' 
 was adjudged attainted, and to forfeit his lands and goods.'" 
 
 Sir John Cobham, Knight, as_ to matters for which he was im- 
 peached, ' answered that he did not the same of his own procuring, 
 but by the King's sundry commandment.' Nevertheless he was pro- 
 nounced a traitor, and adjudged to forfeit lar^ds and goods and 
 'remain in prison in the Isle of Jersey during his life.''" 
 
 On Saturday, in Michaelmas week (Sept. i6),- there is mention of 
 some whom the King in Parliament excused as innocent;'*^ and of 
 some whom he advanced.'*" 
 
 The same Saturday, parliament was adjourned to Shrewsbury.'" 
 
 " On Monday after the Quindene of Hilary,'*^ the King, Lords and 
 Commons assembled at Shrewsbury,"" according to the adjournment, 
 where the Chancellor declared that the cause of the parliament was 
 that the whole church and all persons should have their liberties, and 
 that there should be no Governors within the realm but one.'"'" 
 
 50. " The clergy gave the hke power to Sir William le Scroope, of 
 Wilts, to answer for them as they late did to Sir Thomas le Percie." 
 
 55, 56. "Thomas le Despencer, earl of Gloucester, exhibitetli two 
 bills, requiring by the first that the revocation of the exile of Sir 
 Hugh le Despencer, the father of his ancestor, made in 15 E. II, 
 might be brought before the King and confirmed, and that the repeal 
 of the same made in i E. Ill, might be revoked. The second 
 requireth the like for Sir Hugh le Dispencer, the son, and his an- 
 cestor." 
 
 ^*^ Cotton's Abr., p. 369, No. 19, and of- Norfolk, created Duchess of Norfolk ; 
 
 P- 379) Nos. 15, 16; 1 State Tr. 134. Sir Ralph Beauford, Earl of Somerset, 
 
 '^ Cotton's Abr., p. 379, No. 17; l State created Marquis Dorset ; Thomas le Dis- 
 
 Tr., 134, 135. pencer created Earl of Gloucester; 
 
 '** Cotton's Abr., p. 369, No. 26. Ralph Lord Nevill created Earl of West- 
 
 Among them are Sir Richard le Scrope, moreland ; Sir Thomas de Percie created 
 
 then living, and William, late Archbishop Earl of Worcester; and Sir William le 
 
 of Canterbury. Scroope created Earl of Wiltshire. Id,, 
 
 ^'^Hls cousin Henry, earl of Darbie, p. 370, No. 35. 
 
 created Duke of Hereford ; Sir Ed- '*' Id., No. 36. 
 
 ward, Earl of Rutland, created Duke of ''"January 14 is the day of St. Hilary. 
 
 Aumerle ; Sir Thomas de Holland, Earl Mr. Stubbs mentions " that the parlia- 
 
 of Kent, created Duke of Surry ; John ment of Shrewsbury met on the 28th of 
 
 de Holland, Earl of Huntington, cifeated January." 2 Const. Hist., ch. 16, p. 497. 
 
 Duke of Exeter ; Sir Thomas Mowbray, ?<" Distant from Stafford 31, Birming- 
 
 Earl of Nottingham, created Duke of ham 43, and London 153 miles. 
 
 Norfolk; Margaret Marshall, Countess '»" Cotton's Abr., p. 371, No. 44. 
 
708 
 
 Reign of Richard II 
 
 [tit. V 
 
 65. "The Lords being severally demanded what they thought of 
 the said repeal made in the i E. Ill, thought the same unlawful; 
 whereupon the King, by full assent, revoketh the repeal aforesaid 
 and confirmeth the revocation made 15 E. Ill, and restoreth the said 
 Earl to all the inheritance of the sai'd Hugh, and to all actions, ances- 
 tors of the said Hugh and Hugh..'"" 
 
 The statute of 21 Ric. II (1397-8),'°^ after confirming 'liberties and 
 franchises,' recijes in ch. 2, 'the commission and statute of 11 Ric. 
 11,'^*' and the 'tenor of the commission,' and repeals said statute and 
 commission.^^* Opposite other chapters are the subjoined state- 
 ihents.'^" The following are on pages 102 and 103 (of i Stat, of the 
 Realm) opposite ch. 112: 
 
 " Questions put to the judges An. 1 1 Ric. II, respecting the statute 10 
 Ric. II, and the commission then made": If derogatory to the King's 
 prerogative? How the procurers, &c., were punishable? Whether 
 the parliament can proceed on other business than that limited by the 
 King? The King's power to dissolve the parliament. Impeach- 
 ments in parliament. Production of the record of the deposition of 
 King Edw. II. Judgment against the Earl of Suffolk in 10 Ric. II." 
 
 ^'"^It/., p. 371 to 373. In the last line 
 there may have been after actions, and 
 before ancestors, an omission of the word 
 of. 
 
 352 2 Stat, of the Realm, p. 94 to 1 10. 
 
 ^^^ Id., p. 43 to 55; cited in § 18, 
 pp. 6S0, 681, note. 
 
 ^*2 Stat, of the Realm, p. 98. It 
 made, moreover, " that no such commis- 
 sion, neither such like, be from hence- 
 forth purchased, pursued nor made ; and 
 he • tjiat purchaseth, pursueth, or pro- 
 cureth to be made any such commission, 
 or any like time coming, privily or 
 apertly, or use jurisdiction or power by 
 virtue of any such commission, and of 
 the same be duly convict in the parlia- 
 ment, he shall be adjudged for a traitor." 
 Id. 
 
 3=5 " Compassing the king's death,, or 
 his deposition, or the surrender of liege 
 homage, or to raise the people against 
 
 him hostilely, declared treason." iv. "At- 
 tempting the repeal of any judgments or 
 statutes of this parliament declared trea- 
 son.'' V. "Oaths, &c., of the lords 
 shall be recorded on the parliament roll 
 and enrolled in chancery.'' vi. " Issue 
 made of persons attainted excluded 
 from parliament." vii. " Anuities, &c., 
 granted by traitors repealed." viii. " Col- 
 lation to benefices forfeited by per- 
 sons attainted given to the king." 
 ix. " County of Chester erected into a 
 principality ; castles and towns annexed 
 to the same, and limited to the king's 
 eldest son." x. " Castle and sheriffwick 
 of Worcester, &c., vested in the king." 
 xi. " Sheriffwick, &c., of Essex, vested 
 in the king." xii. " Opinions of certain 
 judges in u Ric. II, concerning the 
 statute and commission 10 Ric. II, ap- 
 proved, and the proceedings in the par- 
 liament, in II Ric. II, repealed. 
 
CH. XX.] 
 
 1377 TO 1399. 
 
 709 
 
 The following are on page 104 (of same vol.) opposite same chap- 
 ter, 112: 
 
 " All the said answers declared legal ; repeal of all proceedings in 
 parliament 1 1 Ric. II ; the parties restored to their lands ; proviso in 
 favor of purchasers ; scire facias for such as sue for restitution ; no 
 protection, &c., therein." 
 
 The statements opposite the remaining chapters are as subjoined.'^^ 
 
 On the answers made by the judges to the questions propounded 
 to them by Chief Justice Tresilian, William Hankford^'"'' by desire of 
 the parhament, in January, 1398, gave his opinion, declaring those 
 answers "to be good and loyal, and such as hfe himself would have 
 given under the circumstances,'"* He was appointed to the bench of 
 the Common Pleas on the 6th of May following.'™ 
 
 William Brenchesley^^ gave a like opinion; and in the following 
 year is found on the same bench.'" 
 
 '=* xiii. " Reversal of the judgment in 
 parliament, in 10 Ric. II, given against 
 Michael de la Pole, Earl of Suffolk; the 
 -heirs of the Earl restored to the lands 
 forfeited." xiv. "Actions for certain 
 robberies, riots, &c., extinguished." 
 XV. The King's general pardon ; in con- 
 sideration of a subsidy; exceptions." 
 xvi. "Authority given by parliament to 
 certain commissioners to answer peti- 
 tions; the Statute 13 R. II, c. 12, 
 respecting tanners and shoemakers, re- 
 cited and confirmed." xvii. " No licenses 
 allowed for exporting staple merchan- 
 dizes, except to Calais." xviii. " Stones 
 shall be carried for ballast towards the 
 repair of the beacons, &c., at Calais." 
 xix. " Recital of St. 25 Edw. Ill, Stat. 3, 
 ■ch. 4 ; 45 Edw. Ill, ch. 2, against en- 
 hancing and straitening of wears, mills, 
 stanks, &c. ; recited statutes confirmed ; 
 commissioners shall be appointed to exe- 
 cute the statutes, and to survey the wears, 
 and to redress' offences; freeholder shall 
 remove wears on award of such commis- 
 sioners, &c. ; penalty for default, or for 
 
 enhancing wears, &c., lOO marks." 
 XX. " Attempting the repeal of any of 
 these statutes declared treason." 
 
 ^5' He was born at a place of that 
 name at Bulkworthy, in the parish of 
 Buckland Brewer, in Devonshire, and 
 was second son of Richard Hankford, of 
 an ancient and wealthy family, to whose 
 large estates he eventually succeeded. 
 He is first mentioned as one of the king's 
 Serjeants at law in 14 Ric. II (1390). 
 Foss's Biogr. Jurid. 
 
 ^^ Id. Mr. Foss says : " It is to be 
 hoped that this opinion was prompted 
 rather by his fears of the danger that 
 hung over him had he pronounced any 
 other, than by the temptation of being 
 raised to the seat on the bench of the 
 Common Pleas then vacant," Id. 
 
 ii^Id. 
 
 58° By his marriage with Joane de 
 Benenden, he became lord of the manor 
 of Benenden, near Cranbrook, in Kent. 
 ,He is mentioned in Bellewe's Reports, 
 and was one of the King's Serjeants in 
 14 Ric. II. Id. ^'^Id. 
 
710 Reign of Richard II [tit. v 
 
 More remarkable than the case of either of these two is that of 
 William Thirning, the Chief Justice of that bench ; mentioned in a 
 succeeding section (§ 30). 
 
 2g. Extraordinary judgment by the King in cases of the' Duke of 
 Norfolk and Duke of Hereford. Of Richard 's other conduct 
 in 1397 and 1398 to the latter {^fohn of Gatmt's son, Henry) ; 
 and events in 1399 until Richard was placed in the Tower. 
 How and when Edmund de Stafford ceased to be Chancellor. 
 Of the chancellorship of Thomas de Arundel for about ten 
 days, and of fohn de Scarle for twenty -five days before Richard 
 was deposed. 
 
 The entry mentioned in § 28, p. 707, of some excused as innocent, 
 is followed by this : 
 
 No. 27. "The King also declareth that Henry, Earl of Darby, and 
 Thomas Mowbray, earl of Nottingham, had loyally used themselves 
 towards the King by coming from the Duke of Gloucester and from 
 the Earls of Arundel and War (traitorously assembled) in defence 
 of the King ; the which Earls of Nottingham and Darbie, the King 
 by parliament took as ' obeysant lieges.' ' 
 
 As stated in the note on p. 707, Henry, earl of Darbie, was created 
 Duke of Hereford; and Sir Thomas Mowbry, earl of Nottingham, 
 was created Duke of Norfolk. 
 
 Thomas, Earl of Nottingham, though one of the Lords appellants 
 who made accusations against the Duke of Gloucester and others,'^ 
 and though by the King recognized as one of the ' obeysant lieges,' 
 and advanced in dignity, it would seem from his conversation with 
 the Duke of Hereford,'** did not trust the King. The King, hav- 
 ing in some way heard of the conversation, required Hereford 
 to attend him, and then charged him to communicate the con- 
 versation to the council and to parliament.'*^ What were Norfolk's 
 designs, and whether or no they were engaged in by Hereford, may 
 not appear. But it seems that Hereford was anxious for, and ob- 
 
 382 Cotton's Abr., p. 369. note, and is noticed in \ i'j,anie,^. 676^ 
 
 s«3 M, p. 377. . 677, note. 
 ss^Of which Hereford's account is '^^., p. 249. 
 
 given in 4 Lingard's Engl., ch. 3, p. 248, 
 
CH. XX.J 1377 TO 1399. - 711 
 
 tained, a pardon.''" In the proceedings of the parliament wherein it 
 was granted is the entry, shewing that he exhibited ' a schedule con- 
 taining the accusations ' ; and that ' by act of parliament this whole 
 matter was committed to sundry Nobles and Knights of the Com- 
 mons."" 
 
 " The nineteenth day of March, after the accusation aforesaid, both 
 the Dukes appeared before the King at Bristow, where, by assent of 
 Parliament, it was agreed that the determination of the same should 
 be ended according to the law of chivalry, if sufficient proofs were 
 not found."'"* 
 
 "The King named Gosford Green, a plot of considerable extent, in 
 the close neighbourhood of Coventry, for the place of projected con- 
 test." '"" Sir Henry Ellis says : 
 
 "The King would have reconciled the parties, but they refused ; 
 and he then granted them the battle." — "The combatants prepared 
 for it in all that ostentatious splendour which marked the gaiety of 
 the tournament. Henry applied to Galeazzo, duke of Milan, for 
 harness, who sent him four of the best armourers in Lombardy to 
 fit him. De Mowbray employed his agents in Germany for the same 
 purpose." — "As they approached to the fight, the King cast down his 
 warder; the combatants retired to chairs prepared for them; and the 
 council took some hours to deliberate upon the best course which, 
 under circumstances, it seemed proper to pursue. The challenge was 
 for words only ; it was not clear on whom the first blame rested, 
 whilst neither party was absolutely clear from fault. Finally, that 
 neither might escape, both were ordered to be banished."'™ 
 
 The following is from records in the Tower: 
 
 "On the 28th day of April both the said Dukes appeared before 
 the King at Windsor, to whom day was given over to appear there 
 on Monday, the 29th of April." 
 
 21. "On which Monday, both the said Dukes appeared and the bat- 
 tie was joined betwixt them by the advice of a great number of 
 'Dukes, Earls, Bishops, Barons and Knights there assembled, as 
 those who had authority by parliament; for that no sufficient proofs 
 could, in the meantime be found." 
 
 22. " Notwithstanding, the King weighing the weightiness of the 
 cause, and how nigh the said Dukes were to him in blood, for tender 
 
 '™/</., pp. 250, 251; Cotton's Abr., S6»3 Dugdale's Engl. & Wales, p. 541, 
 
 p. 373, No. 67. tit. Coventry. 
 ^'^ Id., p. 372, No. 53. '™Orig. Letters, 3d series, vol. I, p.47, 
 
 '"^Cotton's Abr., p. 380, No. 19. edi. 1846. 
 
712 'Reign of Richard II [tit. v 
 
 love, took the battle into his own hands, and gave judgment, by- 
 authority of Parliament, that the said Duke of Hereford should, by a 
 certain day then appointed, depart and avoid out of the realm for ten 
 years, and that he should in no wise, during the same term come in 
 the company of the said Duke of Norfolk or of Thomas Sivandell" 
 (supposed to be a misprint for Thomas Arundcll), " neither send nor 
 receive any letters or message from them on pain of treason; and 
 that not for want of proof of his said accusation, for that he was 
 ready therein to do his devoir." 
 
 23. " To the said Duke of Norfolk it was said that forasmuch as 
 he had spoken certain words tending to great trouble, and therein 
 recited, he was therefore banished the realm during his life, to avoid 
 by a day there limited, and to remain in Almayne, Boheme, or Hun- 
 garie, and in no other parts of Christendom, and to pass over the sea 
 in pilgrimage, and further as above on pain of treason ; and that for 
 no default that the said Duke had made in 'his defence, considering 
 that therein he was ready to make his devoir." 
 
 24. "And when the King had given to the said Duke of Norfolk 
 sundry manors, lands and tenements for joining in the appeal with 
 the Lords appellants aforesaid wherein for that the said Duke failed 
 to proceed without any good ground, the King adjudged, by act of 
 Pariiament that the said Duke should forfeit all the said lands, and 
 all his offices during his life, together with all warranties, whereby 
 any the King's ancestors were bound to any the ancestors of the said 
 Duke." 
 
 25. " And also for certain payments behind, and due to the King 
 by the said Duke, during such time as he was deputy of Callice, the 
 King, by authority of Parliament, adjudged to seize into his hands 
 all the hereditaments of the said Duke over and above Ml" (;^i,ooo) 
 "yearly, to be allowed to the said Duke until the King were- satis- 
 fied.""' 
 
 In February, 1399, John of Gaunt had died. Although the Duke 
 of Hereford had had special leave to receive his inheritance, yet 
 Richard (acting with the committee of parliament), on the i8th of 
 March annulled the letters patent whereby that leave was given, took 
 possession of the Lancaster estates, "and thus threw into open 
 enmity the man who, but for the existence of the Earl of March, 
 would have been his presumptive heir.""^ 
 
 ^"1 Cotton's Abr., p. 380 ; 4 Collyer's gone by way of Italy to the Holy Land ; 
 
 Engl., p. i!yj,etseq.; 2 Hume's Engl., he reached Jerusalem, but on his way 
 
 ch. 17, p. 305, I?/ ji'j?., of N. Y. edi. 1850; back died at Venice (it is sai4) in I 
 
 Hall. Mid. Ages, ch. 8, part 3, p. 124, of Hen. IV. For money borrowed to pay 
 
 Phila. edi. 1824; 4 Lingard's Engl., his expenses, repayment from Hen. IV 
 
 ch. 3, p. 250, et seq. is solicited in letters. In Sir Henry 
 
 3" 2 Stubbs's Const. Hist., ch. 16, Ellis's 3d Series of Orig. Letters, vol. i, 
 
 p. 501. De Mowbray seems to have p. 47 to 52. 
 
•CH. XX.] 1377 TO 1399. 713 
 
 In this time, pregnant with danger, the infatuated monarch went to 
 Ireland; having appointed his uncle, the Duke of York, regent 
 •during his absence. While occupied in Ireland with objects of infe- 
 rior interest, there occurred in England a revolution which eventu- 
 ally deprived him of his crown and his life.""' 
 
 When Richard sailed to Ireland, Henry of Bolingbroke, the new 
 duke of Lancaster, resided in Paris. Thomas of Arundel, nominal 
 bishop of St. Andrew's, secredy left his house at Cologne, and pro- 
 cured an interview with the Duke; which resulted in their determina- 
 tion to return to England during the King's absence."* 
 
 "Henry landed in Yorkshire on the 4th of July (1399), and the 
 •external features of the revolution of 1326 at once repeated them- 
 selves. Again the cause is the wrong done to Lancaster ; again the 
 invader marches westward, and as his prospect of success increases, 
 his pretensions expand ; again the northern lords, now especially the 
 Percie's and the Nevilles, throw in their lot with him; again the 
 King is wanting at the crisis, and when he is found has lost all nerve 
 and power to meet it; and again Bristol is the point aimed at by 
 ■ the invaders, and its capture marked by the shedding of noble 
 blood.'" 
 
 Henry reached Evesham on the same day on which York reached 
 Berkeley. After an interchange of messages they met in the church 
 of the castle (July 27), and before they separated, the doom of Rich- 
 ard was sealed." — "York commanded Sir Peter Courtenay who 
 held the castle of Bristol for the King, to open its gates." — "York 
 remained at Bristol; Henry, with his own forces, proceeded to Ches- 
 ter" (Aug. 8) J"' . 
 
 Meanwhile, at the call of the Earl of Salisbury, on behalf of Rich- 
 ard, men of Wales and Cheshire had collected -at Conway. But 
 Richard appeared not ; after waiting for him almost a fortnight the 
 troops disbanded. At last (Aug. 5) the King arrived at Milford 
 Haven with a considerable force, but on the second morning, when 
 
 ™4 Lingard's Engl., ch. 3, pp. 256, Irish expedition so fatal to him. Hardy's 
 
 258. In 1399, Richard II -was at West- Close Rolls, pp. 57, 58, of Lond. edi. 
 
 minster from April i until the 23d, -when 1833. 
 
 he went to Windsor. There he re- '"4 Lingard's Engl., p. 358. 
 
 mained till the 25th, when he returned to "^ 2 Stubbs's Const. Hist., ch. i5, 
 
 Westminster. He stayed there until p. 502. 
 
 May r. Then he left London on the "84 Lingard's Engl., ch. 3, p. 260. 
 
714 Reign of Richard II [tit. v 
 
 he arose, he observed from his window that the greater part had dis- 
 appeared. To proceed to the army at Conway, was the advice of 
 the Duke of Exeter ; and his opinion prevailed. The royal party 
 started at night-fall and reached Conway ; where, to their disappoint- 
 ment, instead of a numerous force; they found only the Earl of Salis- 
 bury with a hundred men. In this emergency the King's two 
 brothers (Exeter and Surrey), to ascertain Henry's intentions, visited 
 him at Chester, and were admitted into his presence, but were not 
 allowed to return. Henry's immediate object was to secure the 
 King. The Earl of Northumberland was dispatched to Conway with 
 instructions not to display his force. Placing it a few miles beyond 
 Rhuddlan, he rode forward with only five attendants to Conway, and 
 was readily admitted Operated upon by the letter from Exeter 
 which Northumberland brought, and by his assurances, Richard let 
 Northumberland depart to make arrangements for an interview at 
 Flint, and followed with his friends and their servants to the number 
 of twenty-two. On the way Richard saw 'banners and pennons,' 
 and found that Northumberland had betrayed him. They reached 
 Flint in the evening. After a sleepless night the unfortunate king 
 rose (August 19), and from the tower saw the army (of 80,000 men) 
 ' winding along the beach till it reached the castle, and surrounded it 
 from sea to sea.' With Archbishop Arundel, one of the three who 
 first arrived, Richard held a long conversation; When they had 
 departed he again mounted the tower and surveyed the host of his 
 enemies. After the dinner which Northumberland had ordered, the 
 King was summoned to receive Henry. Richard and the Earl of 
 Salisbury (a companion in misfortune) were mounted on two poor 
 animals, and the two followed Henry into Chester."' 
 
 Edmund de Stafford, Bishop of Exeter, held the office of Chancel- 
 or when Henry landed in Yorkshire, July 4, 1399; but, on August 
 13, Archbishop Arundel was again in possession of the Great Seal, 
 and acting as Chancellor. John de Scarle (mentioned in § 26, p. 701,) 
 was appointed afterwards. "Sir T. D. Hardy gives September 5, 
 1399, as the date of the first Privy Seal addressed to him, so that he 
 
 8"4 Lingard's Engl., ch. 3, p. 261 to 266. 
 
CH. xx.J 1377 TO 1399. 715 
 
 held the office for twenty-five days of this unfortunate King's reign, 
 being the whole of its nominal remainder." "^ 
 
 On the 19th of August the writs for a parliament, to be held on the 
 30th of September, were issued from Chester ; the first writ being ad- 
 dressed to Arundel, as Archbishop, and attested by the King himself 
 and the council." '" 
 
 Richard was brought to London on the 2d of September, and 
 placed in the Tower. 
 
 JO. The end of Richard's reign. 
 
 In 23 Ric. II, "on Monday, the feast of St. Michael" (September 
 23, 1399), King Richard, then a prisoner in the Tower, was induced 
 to execute an instrument of renunciation. Next day, in the Great 
 Hall of 'Westminster, it was read and admitted. Then causes for 
 deposing him were expressed in articles; and commissioners were 
 appointed for giving sentence of deposition.'*'' The part of Sir Wil- 
 liam Thirning now may be contrasted with what it was in 21 Ric. II. 
 Then when Richard having a parliament ready to do his bidding, 
 and the legal and judicial officers being called upon to state what they 
 thought of the answers, for which their predecessors had been con- 
 demned. Chief Justice Thirning replied, that ' the declaration of trea- 
 son, not yet declared, belonged to the parliament, but that had he 
 been a lord of parliament, if he had been asked, he should have 
 answered in the same manner.' Notwithstanding this opinion, Sir 
 William Thirning was one of the persons who ' on Monday, the feast 
 of St. Michael,' gathered in council in Westminster, and ' came to 
 the presence of King Richard, being in the Tower ;' and was one of 
 those afterwards appointed commissioners for giving sentence of 
 deposition, and deposing of the same King R. ;" and, when they 
 " came to the Tower to King Richard," was the spokesman for them 
 all: "Sir William Thurning for and in the name of them all, pro- 
 nounced the sentence of deposition and the words of resignation of 
 
 '"Foss's Biogr. Jurid. p. So2- 
 
 ™2 Stubbs's Const. Hist., ch. 16, sao cotton's Abr., p. 385, ^/J^?. 
 
716 Review of Fourteenth Century [tit. v 
 
 homage and loyalty.'' In October this was shown in Westminster 
 Hall. '«' 
 
 "Henry of Lancaster rose and stood forward: signing himself with 
 the cross on his forehead and breast, he claimed in an English speech 
 the kingdom of England and the Crown, as descended in the right 
 line of descent from Henry III, and as sent by God to recover his 
 right when ' the Realm was in point to be undone for default of govern- 
 ance and undoing of the good laws.' The whole assembly assented 
 at once to the proposal that the Duke should reign over them. 
 Archbishop Arundel led him by the right hand to the throne, and 
 then (assist- d by Scrope, Archbishop of York,) seated him upon it. 
 Thus the revolution was accomplished.**^ 
 
 CHAPTER XXL 
 
 REVIEW OF THE FOURTEENTH CENTURY. 
 
 ■ I. Increased use of the English language ; discussions in it before 
 the people. In Ireland, parliametits as in England. 
 
 Though natives of England may never have abandoned their ver- 
 nacular tongue, yet " the court, the law and the nobility had disused 
 it for a time.' Norman French triumphed in the first part of the 
 reign of Edward III.'^ Soon afterwards there was a change of 
 fashion.' The use of French in entries and enrollments may (as 
 
 '*' Cotton"s Abr., p. 385 to 390, No. 10 ' ^ j^ [jjg beginning of that reign it was 
 
 to 61; I State Tr. 135 to 158; 4 Coll- complained that children learned first the 
 
 yer's Engl., p. 205, et seq., of edi. 1775; French, and from that the Latin lan- 
 
 2 Hume's Engl., p. 310, et seq., of N. Y. guage; and that there was no regular 
 
 edi. 1850; Hall. Mid. Ages, ch. 8, part 3, instruction of youth in English. Mr. 
 
 pp. 124, 125, of vol. 2, Phila. edi. 1824; Turner i^Ibid) cites Holcot Lect. in Lib. 
 
 4 Lingard's Engl., ch. 3, p. 267, et seq.; Sap., 1. 2; Higden Polyck., 1. I; Gales's 
 
 Foss's Biogr. Jurid.; 2 Stubbs's Const. xv Script. Angl., p. 216. 
 
 Hist., ch. 16, p. 503, f^ jfjjf. 3 Richard Role (or Rolle) "wrote 
 
 ^^"^ Id., p. 506. many booksi'' 3 Fuller's Worthies, edi. 
 
 • Turner's Engl., part 6, ch. 2, vol. 5, 1840, p. 403. Mr. Turner mentions 
 
 London edi. 1825, p. 374. that " Rolle, who died in 1349, intimates 
 
CH. xxi.J 1307 TO 1399. 717 
 
 mentioned in ch. 19, § 41, p. 607) have continued for a time, not- 
 withstanding the act of 36 Edw. Ill, c. 15 (1362). But such use of 
 French did not prevent its being superseded by EngHsh. "The 
 reign of Edw. Ill was clearly the period of this revolution in our 
 language, and it had become completely accomplished within nine 
 years after that sovereign's death." * In the latter part of the reign 
 of Edw. Ill, as well as in the reign of Ric. II, there were constant 
 discussions before the people in their vernacular language.^ 
 
 ".Concerning the parliaments of Ireland," Lord Coke says : 
 
 "Where some have supposed that the same begin in 17 E. Ill, we 
 shall make it appear by matter of record that not only King John, 
 as all men agree, but H. II also, the father of King John," "did 
 ordain and command, at the instance of the Irish, that such laws 
 as he had in England should be of force and observed in Ireland : 
 hereby Ireland being of itself a distinct dominion, and no part of the 
 kingdom of England (as it directly appeareth by many authorities in 
 Calvin's case) was to have parliaments holden there as England."" 
 
 2. Fundamental principles of English government. Side of the 
 clergy in the struggle between the nation and the crown. Prin- 
 ciples of the party opposed to royal assumption. 
 
 In England " the constitutional result of the three reigns that fill 
 the fourteenth century is the growth of the House of Commons into 
 its full share of political power; the recognition of its full right as the 
 representative of the mass and body of the nation, and the vindica- 
 tion of its claim to exercise the powers which, in the preceding cen- 
 tury, had been possessed by the baronage only. The barons of the 
 thirteenth century had drawn the outline of the system by which par- 
 liament was to limit the autocracy of the King. Edward I had 
 made his parliament the concentration of the three estates of his peo- 
 ple; under Edward II, Edward III, and Richard II, the third estate 
 claimed and won its place as the foremost of the three." ' 
 
 that the generality of the laity understood " Sometimes the King of England called 
 
 no language but the English ; and the his nobles of Ireland to come to his 
 
 English versifier of the romance of parliament of England, &c. And by 
 
 Arthur and Morlin asserts that he knew special words, the parliament of Eng- 
 
 many nobles who were ignorant of land may bind the subjects of Ireland." 
 
 French." Turner's Engl., part 6, ch. 2, 'Id., p. 350. 
 
 vol. 5, Lond. edi. 1825, pp. 374, 375. ' 2 Stubbs's Const. Hist., ch. 16, p. 306. 
 
 * Id., p. 375. ' Mr. Green says : " Under the first Ed- 
 
 ^ /a?., part 4, ch. 4, vol. 5, p. ii,o,etseq. ward, the parliament had vindicated its 
 
 '4 Inst., 349. Lord Coke says: right to the controul of taxation ; under 
 
718 Review of Fourteenth Century [tit. v 
 
 "The principles of constitutional growth, as enunciated by the 
 party opposed to royal assumption, may be arranged under a small 
 number of heads." — "That the King should 'live of his own,' sup- 
 porting royal state and ordinary national administrative machinery 
 out of ordinary revenue ; that the laws should not be changed with- 
 out the national consent; that the great charter should be kept invio- 
 late and inviolable, not merely in the letter but as a pregnant source 
 of rights and principles ; that the king's ministers are accountable to 
 the nation for their disposal of national contributions and for their 
 general good behaviour ; that grievances should be redressed before 
 the money granted becomes payable ; that the king should act by the 
 counsel of his parliament, should not go to war, or attempt any 
 great enterprise without its consent; and if he withdraw himself 
 from its advice and influence, maybe constrained to do his duty; — 
 such were some of the fundamental convictions of the national 
 party." ^ 
 
 " The struggle between royal prerogative and parliamentary author- 
 ity does not work out its own issue in the fate of Richard II ; the 
 decision is taken for the moment on a side issue, — the wrongs of 
 Henry of Lancaster ; the judicial condemnation of Richard is a state- 
 ment not of the actual causes of his deposition but of the offences by 
 which such a measure was justified. Prematurely Richard had chal- 
 lenged the rights of the nation, and the victory of the nation was 
 premature. The royal position was founded on assumptions that had 
 not even prescription in their favour; the victory of the house of Lan- 
 caster was won by the maintenance of rights which were claimed 
 rather than established. The growth of the commons, and of the 
 parliament itself in that constitution, of which the commons were 
 becoming the strongest part, must not be estimated by the rights 
 which they had actually secured, but by those which they were strong 
 enough to claim and wise enough to appreciate." " 
 
 the second, it had advanced from the sion of Henry IV were not the pure and 
 
 removal of ministers to the deposition of legitimate result of a series of constitu- 
 
 a King; under the third, it gave its tional workings, there were many rea- 
 
 voice on questions of peace and war, con- sons for regarding the revolution of 
 
 trolled expenditure, and regulated the which they were a part as only slightly 
 
 course of civil administration." Short premature; the constitutional forces ap- 
 
 Hist., ch. 6, § I, p. 236. In 1376 "the peared ripe, although the particular occa- 
 
 action of the Commons showed none of sion of their exertion was to a certain 
 
 their old timidity or self-distrust." Hist. extent accidental, and to a certain ex- 
 
 of Engl. Peop., book 4, ch. 3, vol. I, tent the result of private rather than pub- 
 
 p. 466. lie causes. Richard's tyranny deserved 
 
 "2 Stubbs's Const. Hist., ch. 17, deposition had there been no Henry to 
 
 pp. 514, 515. revenge a private wrong. Henry's 
 
 3 Id., ch. 17, p. 620. In a volume em- qualifications for sovereign power were 
 bracing a subsequent period is this pas- adequate, even if he had not had a great 
 sage ; " Although, as we have seen, the injury to avenge and a great cause to de- 
 deposition of Richard II and the acces- fend." Id., ch. 18, vol. 3, p. 6. 
 
CH. XXI.] 1307 TO 1399. 719 
 
 Although in this century there may be in some respects decline 
 and retrogression, yet in the quarrels between the crown and the 
 papacy, and between the nation and the crown, the English clergy for 
 the most part took the right side. 
 
 "Archbishops Stratford and Arundel scarcely ever claim entire 
 sympathy, but they gained no small advantages to the nation, and 
 few kings had better ministers or more honest advisers than William 
 of Wykeham."''" 
 
 J. Presentation of gravamina; redress of grievances, the condition of 
 a grant. How the commons thus kept tmder review the general 
 administration of justice, and endeavoured to meet abuses preva- 
 lent in its administration. Power given the chancellor to survey 
 the ccnerts, and put fit in place of unfit officers. Precautions to 
 prevent bad appointments. 
 
 "The presentation of gravamina was made an invariable prelimin- 
 ary to the discussion of a grant, the redress of grievances was the 
 condition of the grant; and the actual remedy, the execution of the 
 conditions, the fulfilment of the promises, the actual delivery of the 
 purchased right, became the point on which: the crisis of constitu- 
 tional progress turned." " 
 
 " A comparison of the Rolls of Parliament with the Statute Book 
 proves that the great bulk of the new laws were initiated by the 
 estates and chiefly by the commons. Hence the importance of the 
 right of petition and of freedom of speech in the declaration of grava- 
 mina, asserted by the invaluable precedents of 1301 and 1309. As 
 the petitions of the commons were urged in connection with the dis- 
 cussion of money grants, it was very difficult to refuse them peremp- 
 torily without losing the chance of a grant."" 
 
 Lord Coke mentions 39 E. Ill, 14, where a judgment was " re- 
 versed before the council of state ; it was held utterly void, for that it 
 was not a place where judgment may be reversed." ^^ 
 
 " The commons, although not pretending to be a court of justice, 
 attempted to keep under review the general administration of justice, 
 and to compel the king to observe the promises of the coronation 
 oath and the emphatic declaration of the great charter. No words of 
 that famous document were better known or more frequently brought 
 forward than the fortieth clause," nulli vendemus, nulli negabimus 
 
 '^^ Id., ch. 15, vol. 2, p, 303, 12 Id., p. 573. 
 
 "2 Stubbs's Const. Hist., ch. 17, i' 12 Rep., 64. 
 
 p. 570. "See ch. ij, \ 11, pp. 297, 298. 
 
720 Review of Fourteenth Century [tit. v 
 
 aut differemus rectum et justitiam; and none probably were more 
 necessarily pressed on the unwilling ear of the dishonest or negligent 
 administrator. The frequent petitions of the commons on this point 
 show the prevalence of the abuses and the determination of the nation 
 not to rest until they were abated''^" 
 
 " It would be vain to attempt, even by giving single examples, to 
 illustrate all the plans suggested by the indefatigable Commons to 
 meet the abuses prevalent in the administration of justice." — "Justice 
 was delayed, not only in compliance with royal writ, contrary to the 
 charter, but by the solicitations of great men, lords and ladies who 
 maintained the causes not merely of their own bofia fide dependents, 
 but of all who were rich enough to make it worth their while."" 
 
 Mr. Foss, who says as to Sir John Cary, ' there is no proof of his 
 ever having acted as an advocate,'" observes that, "according to the 
 practice of that period, neither the chief nor the puisne barons of 
 the Exchequer, were necessarily selected from the Serjeants or plead- 
 ers, nor indeed otherwise connected with the law than as officers of 
 that particular department." '° > 
 
 Within a fortnight after the appointment of Sir Johjt Cary, in 
 ID Ric. II (1386), the parliament passed the ordinance (mentioned in 
 ch. 20, § 16, p. 674) placing the government of the kingdom under 
 eleven commissioners, and in effect depriving not only the king's 
 favorites, but the king himself, of executive power. In efforts to 
 regain ascendancy the plan was adopted of obtaining from judges, in 
 1387, a declaration that the ordinance was illegal. Chief Baron Cary 
 was one of those who joined in that declaration; and (as stated in 
 ch. 20, § 17 and § 18, p. 677, and p. 679) was included in the impeach- 
 ment, and was sentenced, together with justices of the King's Bench 
 and Common Pleas. During the same session of parliament, to-wit: 
 in II Ric. II, "petitions of the Commons, with their answers,""' 
 embrace, or are followed, by this : 
 
 " It is enacted that the Chancellor and Keeper of the Privy Seal" 
 shall have power to survey the courts of the Chancery, both benches, 
 the Exchequer and the receipts, to remove such officers as therein be 
 not fit, and others to place in the same."'^ 
 
 15 2 Stubbs's Const. Hist., ch. 17, • is Biogr. Jurid. 
 p. 605. I'ln Cotton's Abr., p. 323, et seq. 
 
 ^^ Id., ch. 17, p. 608. "^ Id., No. 41. 
 
 "See ch. 20, \ 16, p. 673, note. 
 
CH. xxi.J 1307 TO 1399. 721 
 
 The second chapter of stat. 12 Ric. II, is as follows: 
 
 " That the Chancellor, Treasurer, Keeper of the Privy Seal, Stew- 
 ard of the King's riouse, the King's Chamberlain, Clerk of the 
 Rolls, the Justices of the one bench and of the other. Barons of the 
 Exchequer, and all other that shall be called to ordain, name or 
 make justices of peace, sheriffs, escheators, customers, comptrol- 
 lers or any other officer or minister of the King, shall be firmly 
 sworn that they shall not ordain, name or make justice of the peace, 
 sheriff", escheator, customer, comptroller, nor other officer or minister 
 of the King, for any gift or brocage, favour or affection ; nor that 
 none which pursueth by him or other, privily or openly, to be in any 
 manner office, shall be put in the same office or in any other; but 
 that they make all such officers and ministers of the best and most 
 lawful men, and sufficient to their estimation and knowledge."" 
 
 4. Inns of court ; where students of law were boarded and taught. 
 Also of Westminster Hall. 
 
 In the beginning of the reig'n of Edward II, Henry Lacy, earl of 
 Lincoln, became possessed of the premises afterwards called Lin- 
 coln! s Inn. 
 
 "Tradition says" "that this Earl of Lincoln, being a person well 
 affected to the laws, first induced the students of that honorable pro- 
 fession to settle in this spot." — Those in whose possession it remained 
 granted leases to the students in the law, reserving to themselves cer- 
 tain rent and lodgings on their coming to London.'''' 
 
 Thavie's Inn took its name from John Tavie, or Davy. It had 
 students of the law resident there as far back as Edward III. In 
 time the premises came to Gregory Neckolls, who, by deed dated 
 4 Jan., 4 Edw. VI, granted it to the then benchers of Lincoln's Inn ; 
 it was afterwards demised by them, to the principal and fellows of 
 this Inn for the renf of £ 3. ds. '&d. per annum.^ 
 
 After proceedings against the Templars, in the reign of Edward 
 11,/ their property in England having devolved on the Crown, the 
 King granted the Temple to the Knights Templars (or Knights Hos- 
 pittallers) in England. 
 
 In the 14th century " they demised these premises, for a rent of 
 
 '^^2 Stat, of the Realm, 55. "s /^^.^ pp. 171^ ,72. 
 
 " Ireland's Inns of Court, p. 132. 
 46 
 
722 Review of Fourteenth Century [tit. v 
 
 jC io per ahnum, to divers professors of the common law that came 
 from Thavie's Inn." 
 
 Although in the reign of Richard II much was done by Wat Tyler 
 and his followers to injure and destroy books and records of the Tem- 
 ple, yet students increased rapidly, and the lawyers (divided into two 
 bodies, the one known by the name of the Society of the Inner, the 
 other of the Middle Temple') have kept possession of the Temple 
 ever since." 
 
 "After the death of Robert de Clifford, Isabella, his widow, de- 
 mised" Clifford's Inn, in i8 Edw. Ill, "to the students of the law 
 (apprenticiis de banco"), for the yearly rent of ;^ lo, so that since that 
 "period, first by lease, and afterwards by a grant in fee ferm," it has 
 " continued a receptacle for gentlemen of the law, and been stiled 
 an Inn of Chancery." ''^ 
 
 "In 1397, in the reign of Richard II," Westminster Hall "under- 
 went so thorough a repair that it may not be improperly said to have 
 been rebuilt: for, 'the walls, windows and roof were taken down and 
 new made, with a stately porch, and divers lodgings of a marvellous 
 work, and with great costs.' " ^ 
 
 Stowe tells us of the upper end of this hall : 
 
 " There was anciently a marble stone, of twelve feet in length and 
 three in breadth; and also a marble chair, where the kings of Eng- 
 land formerly sat at their dinners; and at other solemn times the 
 Lord Chancellor. At this marble stone divers matters of conse- 
 quence used to be transacted." 
 
 There, or in rooms on the nprth side of the grand old hall, the 
 courts of Chancery and King's Bench, and some- other courts have 
 held their terms during many years." 
 
 2* The grant of Aug. 13,111 6 Jac. i, is p. 245. Of the festival, on completing 
 
 mentioned in Ireland's Inns of Court, the repairs of the hall in 1399, there is 
 
 edi. 1800, p. 39; Penny Magazine for an account in /</., pp. 247, 248. 
 1832, p. 116. '"Id., p. 231, and p. 243. Other places 
 
 25 Ireland's Inns of Court, sect. 3, of session have, at times, been provided 
 p. 80 ; 2 Reeve's Hist, of Eng. Law, for some, and may hereafter be provided 
 ch. 16, edi. 1869, p. 440. for all of the courts. 
 
 26 Ireland's Inns of Court, sect. 17, 
 
CH. xxi.J 1307 TO 1399. 723 
 
 J". Use of the Imperial or Civil law in the reign of Edw. II. Its 
 study less cultivated afterwards. Whether in the reign of Ric. 
 II it was prohibited from being cited in common law tribunals. 
 Conclusion of the Lords that the realm is not governed by the 
 civil law. 
 
 In the law annals of King Edward the second, words of the impe- 
 rial or civil law, are, in debating cases in court before the judges, 
 quoted ; sometimes with an admission that the matter depends on the 
 authority of that law. Particular instances of its authority, and the 
 manner in which then it was, or should have been, applied, are given 
 in John Selden's dissertation.''* One use of it prevailed in Episcopal 
 Consistories, and continued down to Selden's time, and indeed ' to 
 our own time.' 
 
 " For instance, in testamentary causes, succession with regard to 
 the movable chattels of one dying intestate, institutions and substitu- 
 tions to the goods of such persons, and in some other particular 
 cases, the cognizance whereof, by permission of the laws of England, 
 belongs to those consistories." '^ 
 
 Further, Selden says, "As to what relates to the King's courts, as 
 ■usually contradistinguishec from the ecclesiastical consistories, the 
 use of the imperial law, as handed down to us from former ages, is to 
 this day retained in" "the Marine, or Court of Admiralty, and in the 
 Court of Chivalry, or that of the Constable and Marshal of England, 
 consequently in the Court of Delegates, as also in the cognizance of 
 some extraordinary marine and military affairs of a civil nature."^" 
 
 Wherefore those who have asserted that the English make no use 
 •of the Roman law, are mistaken. 
 
 "The same may be said concerning the use'' "made of the Impe- 
 rial law and of the interpreters of it, in treaties and engagements to 
 be entered into with foreign princes, as well as in the explanation of 
 them, and in the matter of embassies." '^ 
 
 That the study of the Imperial law was, in the latter part of the 
 reign of Edward the second, or the early part of the reign of Edward 
 the third, cultivated less than it had been, Selden considers, is indi- 
 cated in the case of the Abbot of Torre, debated about the middle 
 
 28 Annexed to Fleta in 1647 ; ch. 8, \ 3, ^ Id., \ 4, pp. 2l8, 219. 
 
 p. 211 to 218, of Kelham's translation in "" Id., p. 220. 
 
 1771. ^^ Id., p. 221. 
 
724 Review of Fourteenth Century [tit. v 
 
 of the reign of Edward the third, when Skipwith, a celebrated law- 
 yer, acknowledged himself ignorant of the meaning of terms with, 
 which one who had applied himself to the study of the imperial law- 
 could not be supposed unacquainted."' That there was less recourse- 
 to the Roman law in the civil tribunals in the time of Richard II 
 than there had been before, is also Mr. Spence's view.'*' Indeed he 
 goes so far as to state that in this reign " the judges prohibited it from 
 being any longer cited in the common law tribunals.'"* For this 
 statement Mr. Stubbs cites prominently 'Rot. Pari., ii Ric. II. 
 What is quoted in ch. 20, § 18, p. 678, from the proceedmgs of par- 
 hament in 11 Ric. II, shows that in that year "the justices, Serjeants 
 and other sages of the law, 6oiA of the realm and law civil" were 
 charged to give ' their faithful advice ' ; that the lords considered the 
 particular cause could not "be tried elsewhere but in parliament, nor 
 by any other law or court except that of parliament " ; that it belongs 
 to the lords 'to be judges in such cases'; and they conclude 'thus it 
 shall be done in this case,' 'because the realm of England is riot nor 
 ever was (neither is it the intent of the king and lords of parliament 
 that, it shall ever be) ruled and governed by the civil law."^ 
 
 6. In England, though the realm is governed by the convmon law, yet 
 the rules of the civil law are often applied. 
 
 Such use of the Imperial law as prevailed from the end of Ste- 
 
 ''^ Id., \ 5, p. 223 ; there being in and its form of legal proceeding greatly 
 
 the margin a reference to Mich. 22 prevail." Horse Juridicse Subsecivje vii, 
 
 Edw. Ill, p. 14, pi. 37. p. 72. 
 
 '^ I Spence's Eq., book 2, ch. 2, vol. I, '*He uses this language: "In the- 
 p. 109. Yet in the 19th century, Charles reign of Richard II, the barons pro- 
 Butler, Esq., of Lincoln's Inn, used this tested that they would never suffer the 
 language : " The study of the civil la-w kingdom to be governed by the Roman 
 has been encouraged in this country ; in la-w, and the judges prohibited it from 
 each of our universities there is a pro- being any longer cited in the common 
 fessor of civil law, and by general cus- law tribunals. I Spence's Eq., pp. 346,. 
 torn and immemorial usage, some of the 347. 
 
 institutions of the civil la-w have been , '* This does not support the language 
 
 received into our national law. In the of Mr. Spence (quoted in the last note)^ 
 
 spiritual courts, in the courts of both the and is consistent with the view presented 
 
 universities, the military courts, and inch. \,\ 11, p. 28 to 31; and in ther 
 
 courts of admiralty, the rules of civil law next section of this chapter. 
 
'CH. XXI.] 1307 TO 1399. 725 
 
 phen's reign until some part of that of Edward III, produced no 
 ■change in what we call Civil Government. The English nation, and 
 the judges were, even during that period, tenacious of the customs 
 ■of their own country, to- wit: of the common law of England. In 
 the- public entries of the declarations, exceptions, agreements, judg- 
 ments and other civil affairs, transacted during that period, scarce 
 any other footsteps of the imperial law as it was at that time ad- 
 mitted in England, can be traced than what are to be met with in such 
 like public records of succeeding ages. 
 
 " Civilians and canonists, whenever any question arose in the dis- 
 cussion of actions instituted according to the English law, and which 
 was brought upon the tapis, to be determined suitable to the rules either 
 of the civil or canon law (such as questions concerning marriages, 
 wills or other matters, naturally belonging to the courts or consis- 
 tories), in which the imperial and pontificial law are in a few things 
 allowed of, were in the ages before spoken of, as well as in the 
 following, applied to and heard even in those courts, which, upon 
 other occasions, made use of the English law. But our courts 
 made no other use of such lawyers or of the law they practise 
 than^they do of grammarians, physicians and such like, whenever a 
 question happens to arise between contending parties, the decision 
 whereof depends on the knowledge of their arts." ^ 
 
 Selden considers there is good reason to believe, that from the reign 
 of Henry the second down to that of Edward the second, those at 
 the helm in England "had the very sentiments which King Rich- 
 ard the second and his nobles manifested in parliament."" During 
 that period, as well as after, both in the oaths taken by the kings 
 at their coronation, and in the laws enacted by them, there are ■ 
 express words showing that the imperial law, however now and then 
 applied, "was, in matters of public government, of no manner of 
 authority'' in England.'^ 
 
 Then, about the same time that such use as had been of the im- 
 perial law ceased or was greatly lessened, an end was likewise put 
 to another custom, "to-wit: that of appointing bishops, abbots, deans 
 
 ^' Dissertatio ad Fletam was annexed \ i, p. 228 to 232, of Kelham's transla- 
 te Fleta in 1647, and is p. 1034 to 1120 tion in 1771 ; and Id., \ 2, p. 233 10241. 
 of Seldeni opera, vol. 2, Tom. 2, edi. " Id,, p. 240. ^' Id., \ 3, p. 246. 
 J 726. What is in the text is from ch. 9, 
 
726 Review of Fourteenth Century [tit. v 
 
 and such like persons of the Hierarchical order, to be the King's 
 judges.'' 
 
 " From that time scarce any, or none indeed of that order, the 
 most eminent part of which usually applied themselves in the uni- 
 versities to the study of the Imperial and Pontifical laws, sat in 
 England as judges in the aforesaid courts (except in that of the 
 chancery) yet the officers of those courts, and others considerable in 
 the management of public affairs, were usually, even then, and for a 
 long while after, chosen out of that order." '' 
 
 7. Connection between Parliament and the Cha7icery. In the Chan- 
 cery officers known as the six clerks ; and others known as the 
 twelve clerks; these twelve being called Masters in Chancery.. 
 In what respects the premier Master — the Master of the Rolls — 
 is or is not distinguishable from the other eleven. 
 
 According to the author*" of the 'Constitution of Parliaments,'" 
 and of Fleta Minor,' ^'^ the Lord Chancellor, when the King's warrant 
 to issue out writs for parliament is sent to him, sends it or another 
 warrant to the Master of the Rolls, who, as chief clerk of the Betty- 
 bag, causes the other clerks of the office to engross the writs.*' 
 
 Parliament is "summoned by writs out of the chancery"; the 
 acts made are enrolled and kept in chancery; all commandments of 
 that court are expedited, either by writs out of the chancery, or 
 by the chancellor's serjeants-at-arms : the Lord Chancellor is ever 
 speaker of" the higher "house, without further choice or appoint- 
 ment as is used about the speaker of 'the lower house, and ought^ 
 without any writ, to attend there" ; "and the clerk of the par- 
 liament hath his fee out of the hanaper as an officer of the chan- 
 cery."** 
 
 ''/(/., pp. 246, 247. "On which ac- Papal power.' Lond., 1674, 4to; and 
 
 count, perhaps, the officers of the same Volatiles from the history of Adam and 
 
 courts, and others of that kind, none of Eve,' printed at London the same year., 
 
 which, for some ages, have been Eccle- 4 Granger's Biogr. Hist., class 9, p. 91. 
 
 siastics, are still styled Clerks." Id., "Lond. 1680, 8vo. Id. 
 
 p. 247; 1 Bl. Com., 17. *2He gave it the title of 'Fleta 
 
 *" Sir John Pettus, of Cheston-hall, in Minor,' because he translated it in the 
 
 Suffolk, was member of parliament for Fleet. Id. 
 
 Dunwick, in that county, in the reign of *^ Legal Judic. in Ch., edi. I727> 
 
 Charles II. He was the author of ch. 4, p. 115. 
 
 ' Fodince Regales.' Lond., 1670, folio; ** Hargrave's Law Tracts, pp. 308, 309. 
 of ' England's Independency on the 
 
CH. XXI.] 1307 TO 1399. 727 
 
 " In the old orders of the Chancery, it is found that these necessary- 
 officers and ministers have been admitted to write to the Seal, viz : 
 the clerk of the Crown, the Prothonotary, the twelve masters, in 
 which number the Master of the Rolls is one and the Prothonotary 
 is another."*" 
 
 "On the law-side of the court" the Masters "made out patents, 
 commissions and writs, and by themselves, and clerks were writers 
 to the Great Seal, each Master being allowed to have three clerks 
 writing under him, and, in his name, to the Great Seal, which, as to 
 the Master of the Rolls, were increased to six by the ' Orainaiiones 
 Cancellarice Dom., Regis,' made 12 R. II."'"' 
 
 The Master of the Rolls is mentioned " as one of those who filied 
 writs to the Great Seal, i. e., examined them, and plied or folded them 
 up to be ready for the Great Seal, to be put to them."*' 
 
 It is said by Lord Coke that "the Master of the Rolls hath injure 
 officii the gift of the offices of six clerks in the chancery '' ; ** and by 
 Lord Loughborough, that "the six clerks appear to have been from 
 the highest antiquity the sworn officers of the Great Seal, and like- 
 wise of the Court of Chancery"; that "they were, with regard to 
 the other clerks that came afterwards, the only officers upon the 
 establishment of the court!' ^'^ Wherein this language is inaccurate 
 may be seen by comparing it with what precedes and follows it in 
 this section. 
 
 The office of Master of the Chancery in ordinary is of very ancient 
 institution." ^ 
 
 " Ancient kings of" England " seem to have disposed of the court 
 of chancery in such sort as that the chancellor should be the magis- 
 trate thereof and the twelve clerks of 'the first form should assist him 
 
 **Mr. Croke's JIS. is cited in Legal facte anno xii regis Ricardi secundi." 
 
 Judic. in Ch., edi. 1727, ch. 4, p. 116, They are also noticed in Id., p. 135, in a 
 
 and ch. 5, p. 222. decree of Feb. 23, in rg Jac. i (162^), 
 
 *° Id., p. 72, and p. 77. The work by by the Lord Keeper Williams. 
 
 Geo. Wms. Sanders, Esq., published in ^'' Legal Judic. in Ch., p. 117. 
 
 1845 a' London, entitled " Orders of the ^ 4 Inst., 97. 
 
 High Court of Chancery and Statutes of ■" Six Clerks, 3 Ves., 598 ; Barker 
 
 the Realm, relating to chancery from the v. Dacre, 6 Id., 687. 
 
 earliest period," embraces (p. i to 7 a) *" Preamble to act of 13 Car. 2; cited 
 
 " Ordinaciones cancellarie domini regis in r Madd. Ch., p. 3, note b. 
 
723 Review of Fourteenth Century [tit. v 
 
 as his council." — "In the very form of the creation, namely, in the 
 putting on of a cap, there is a representation of antiquity and mas- 
 tership, not unlike the usage amongst the Romans, when men were 
 made citizens of Rome."*^ 
 
 "Magisiri CancellaricB they are called";^'' — "it seemeth that the 
 other clarkes of the chancery were under the masters as scholars 
 were under their teachers. Concilium regis in cancellarid, they are 
 called I Ric. II." ^ —" Socii and collateralcs they are termed b 
 Fleta."^* 
 
 " Clerici de majore gradu they are called " in some patents,^' "Nos- 
 tri clerici ad robas they are called 24 E. Ill, 13 in the Year-books 
 wherein it is said that the king called unto him his chancellor, treas- 
 urer, his justices and his clarkes of robes in chancery, to know their 
 Opinions concerning a suspicious deed of release. The reason of 
 which name grew from this, that they wore robes or gowns of the 
 King's gift by the chancellor's delivery, as appeareth 21 E. III. 
 Claus. pa. I, in a writ directed to Richard Thoresby, keeper of the 
 hanaper, to allow the bishop of Worcester, then chancellor, ;^4 and 
 20^., that he had laid out above the King's allowance upon the robes 
 by him delivered to the clarkes of the chancery, for that service, 
 propter caristatn panni et sendalli." *" 
 
 Touching the number, it appeareth in 49 E. Ill, in Henrie Cod- 
 dington's patent, that it hath been twelve ; for there it is said, conces- 
 simus quod sit unus de duodecim magistrorum cancellarice nostra in 
 supplementum dicti nunien magistrorum, unde unus deficit, &cy 
 
 ^^ Hargrave's Law Tracts, p. 294; cancellarid sine remedio; and in their 
 
 being the tract mentioned inch. 34, ^5. oath there are these formal words, 
 
 5^51 E. Ill, and 9 E. IV. /</., p. 295. loyallment counsellors le roy qunnd 
 
 5' "Where it appeareth, they granted seront requise. Iil.,'p. 295. 
 
 a protection to one Nicholas Clarke; and ** Lib. 2, c. 13. ' Col/aterales, as it 
 
 9 Ric. II, where Bertran de Bullinge- should seem, because they sate by his 
 
 brooke is summoned to be coram nobisc. side .at a certain table in Westminster 
 
 et consilio nostra in cancellarid nostrd. Hall, and in other place?.' [Id., 
 
 And in like sort Walt. Osborne was to p. 295); as is also proved by the record 
 
 be attached by the shriefe of Lancaster in 51 E. III. 
 
 ita qubd cum habeas coram nobis et '^ Hargrave's Law Tracts, p. 296. 
 
 consilio nostro in cancellarid nostrd; ^^ Id., p. 297. "The Year Book of 
 
 and 3 E. II, where it is said this writ 24 E. Ill, 35 a," is cited in Legal Judic. 
 
 was made by the common counsel of the in Ch., edi. 1727, ch. 3, p. 69. 
 
 chancery according to the statute of *' Hargrave's Law Tracts, p. 297. 
 Westminster ne conquerentes recedant d, 
 
•CH. xxi.J 1307 TO 1399. 729 
 
 A writer of the Chancery, brought into England out of France, 
 -said: 
 
 " There are two sorts of the Masters of the requests ; the one del 
 hostel^ who have the same office that our masters of requests have 
 here in England ; the other du palais, who assist the chancellor of 
 France in the French chancery, as our masters of the chancery assist 
 the chancellor of England in the English chancery. This the French- 
 men seem to have drawn from the court of Rome as where cere- 
 monies are most exactly observed, and where they have a special 
 master of them and where they have also two sorts of masters of 
 requests, the one signahira graiiiz, and the other signatura justitm ; 
 the first sort of registers consisting upon favour, the King reserveth 
 to himself The second, which requireth care and industry, and is 
 not so plausible, he leaveth to his officer, the chancellor, under 
 whom the masters were wont to expedite the same; for proof whereof 
 21 E. Ill, 47, it appeareth plainly that all petitions of right ought to_ 
 be directed by their endorsement to the chancellor, and to none 
 •other, and to be determined by the chancellor and counsel of that 
 
 The same writer having referred to what is touched in the patent 
 ■of 18 E. Ill, said : 
 
 "Some of the Masters, named Commanders, should consider of 
 the proper writ or commission fit to try and redress every particular 
 grief or wrong which is complained of and direct the cursitors and 
 -other inferior clerks to make them ; and others again, termed examin- 
 ers, when they are so made, should examine them, in ratione, dic- 
 tione, et sillabis, et litera, before they be put into the seal. And 
 heretofore when doubts did arise upon writs sent out of the chancery, 
 ■or to be formed and composed there, not only the king's justices were 
 wont to send to confer with the masters concerning the same ; but 
 the king himself hath sometimes, together with his chancellor, treas- 
 urer and justices, called also his clericos at robas to consult about 
 such causes."*' 
 
 "The writs of the chancery are of three sorts; some of course, as 
 
 originally returnable in other courts; some of grace, as subpoena 
 
 ■ Siipplicavit, certiorari, ne exeat regnum, injunctions, commissions; 
 
 and some other of form as diem clausuyn extremum, mandamus quiz 
 
 plura, scire facias, elegit, &cr'^ 
 
 Crompton^^ is cited for the position "that the Master of the Rolls 
 •is assistant to the Chancellor for matters of common law, and in his 
 
 ^ rd., p. 297. ritie et jurisdiction des Courts de la Ma- 
 
 *' id!., p. 301. 'o Jc?., p» 301. jestie de la Rioyne. Lond., 1594, 1637, 
 
 ■*' Richard Crompton wrote " L' autho- 410." Allibone's Diet. 
 
730 Review of Fourteenth Century [tit. v 
 
 absence to hear causes and give orders.""" He is followed by Sir 
 Edward Coke, who says of the Master of the Rolls, that "in the- 
 absence of the Lord Chancellor he heareth causes' and giveth 
 orders.""' Lord Nottingham cites Coke's words; but this," saith 
 he, "is not virtute officii, but by special commission.""* To which 
 the author of Legal Judicature in Chancery adds : 
 
 " Besides supposing that at that time there was not any special 
 commission then subsisting, yet the Master of the Rolls might do it 
 by delegation or appointment from the Chancellor, either by gen- 
 eral or particular references.""* 
 
 Sir Robert Cotton in citing from Crompton the passage above men- 
 tic(ned, introduces Sedenfe Curia; saying 
 
 " That the Master of the Rolls is an assistant unto the Chancellor for- 
 matters of the common law; and also 'Sedente. Curia, i. e., sitting 
 the court, in the chancellor's absence, he doth hear causes and 
 orders in matters of equity.""" 
 
 Thereupon the author of Legal Judicature in Chancery makes 
 this observation-T 
 
 "Sitting the court, i. e., the Court of Chancery, where the Chan- 
 cellor usually sits, not the Rolls, where the Chancellor never comes. 
 And taking this to be the meaning of Crompton, the hearing of 
 causes in court might very probably be by delegation." — "The chan- 
 cellor, leaving the Master of the Rolls to continue the business of 
 the court after he was gone, was an implied delegation, as also his 
 subsequent confirmation of what the Master of the Rolls did in court 
 during his absence.""' 
 
 *^ Jurisdict. of Courts, 41 b, is cited in joins : " But I do not conceive by what 
 
 Legal Judic. in Ch., edi. 1727, ch. 4, authority the Master of the Rolls doth 
 
 p. 166. set and determine causes in the chapel of 
 
 ^4 Inst., 97. the Rolls, as of late years hath been 
 
 ^* MS., de officio Magistri Rotulorum, used, unless peradventure he hath been 
 
 is cited in Legal Judic. in Ch., edi. 1727, authorized thereunto by a .special com- 
 
 ch. 4, pp. 166, 167, and pp. 173, 176. mission under the Great Seal." Jd.^ 
 
 *^ Id., p. 167. p. 168. On a subsequent page it is men- 
 
 ^ Crompton's Courts, 41 b, and Sir tioned as " the common received opinion 
 
 Robert Cotton's MS. treatise of the that the authority of the Master of the 
 
 Court of Chancery, are cited in ch. 4, Rolls, to hear causes at the Rolls, was by 
 
 p. 167, of Legal Judic. in Ch., edi. 1727. the King's commission ; and it is stated 
 
 *'7d., pp. 167, 168. To his prece- "that there is a clause in those commis- 
 
 ding sentence Sir Robert Cotton sub- sions, that all the decrees made under 
 
CH. xxi.J 1307 TO 1399. 731 
 
 The conclusion of the author of ' Legal Judicature in Chancery ' is 
 
 " That the Master of the Rolls is no Judge, either in Law or Equity, 
 in the Court of Chancery ; but whatever judicial power he hath law- 
 fully exercised, hath been either as one of the twelve Masters in Chan- 
 cery, or by virtue of the King's commission.""* 
 
 That author did not regard the twelve masters as subordinate 
 judges in the court of chancery. As to eleven he considered 
 
 "That they are still but eleven officers of the court, tho' of a 
 superior rank, and that whatever judicial authority they exercise, it 
 is like the ministerial officers in all other courts, by communication 
 of authority from the judge of the court, in aid and ease of him 
 and subject to his review and controul." 
 
 And he considered that in this respect, the other Master — the 
 Master of the Rolls — is not distinguishable from them. 
 
 " He is indeed the primier or first Master, but still he is but a 
 Master, and hath not lawfully exercised any judicial power in the 
 Court of Chancery but as one of the Masters, except where he 
 received his authority by the King's commission."*" 
 
 Speaking of such license as is mentioned in ch. 20, § 26 (in note 
 on p. 20) to have been granted John Waltham, he says : 
 
 "Can any man think that by virtue of this license, y^/^w Waltham, 
 as often as he had occasion or a mind to be absent, could make or 
 unmake a judge in the highest court.. This power he must have 
 had if the Master of the Roll's office were a judicial' oihc&; but this 
 evidently shews that it was only a ministerial office; and accordingly, 
 in fact when Mr. Lambard'" was deputy, he did no other than 
 ministerial acts by virtue of such deputation. It is a most convincing 
 proof that the office of the Master of the Rolls is only ministerial, 
 because he may make a deputy, which a judicial officer cannot, and 
 because such deputy hath never done any other than ministerial 
 acts."" 
 
 them must be made by three of the com- ^* Id., p. 185. 
 
 missioners at least, whereof the Master ^' Legal Judic. in Ch., edi. 1727, ch. 3, 
 
 of the Rolls, or one of the judges, must p. 94. 
 
 yi^ont,3.ni.3x&\ah^ subscribed by three, '"In 1597, was a deputation by the 
 
 and that none of those decrees shall be Lord Ellesmere to Mr. Lambard. Jd.,, 
 
 enrolled unless the chancellor first signs p. J05. 
 
 them." Jd, p. 181. "Jd., p. 107. 
 
732 Review of Fourteekth Century [tit. v 
 
 8. Ancient jurisdiction of the Admiralty. Whence was derived the 
 system of pleading and procedure in iJie Court of Admiralty ; 
 and -in the ecclesiastical courts. Whence cam,e the procedure 
 in equity. 
 
 " The jurisdiction of the admiralty is more ancient than Mr. Lam- 
 bert, in his Jurisdiction of Courts, doth affirm." 
 
 The sea' coasts of England were anciently divided uito several vice- 
 admiralties, viz: I. Northumberland, Durham and York; 2. Lincoln; 
 3. Norfolk; 4. Suffolk; 5. Essex; 6. Kent; 7. Sussex; 8. Southamp- 
 ton; 9 Dorset; 10. Devon ; 11. South Cornwall ; 12. North Corn- 
 wall; 13. Somerset; 14. Gloucester; 15. South Wales; 16. North 
 Wales; 17. Chester; 18. Lancaster; 19. Westmoreland and Cumber- 
 land. Each of these places ( the port of London'being immediately 
 lunder the admiralty court, as to the matter) had a particular vice- 
 admiral, who had power to hold a session once in the year, or 
 oftener, if occasion required."" 
 
 " In the ecclesiastical courts'"* "the influence of the civil is over- 
 powered by that of the canon law ; and in courts of equity, its 
 directions, though useful, are by no means predominant; but the 
 court of admiralty (as the greatest of modern judges. Lord Hard- 
 wicke, has observed) proceeds entirely by the rules of the civil law, 
 except in cases omitted." 
 
 This is the language (in 1802) of Dr. Arthur Browne, Professor of 
 Civil Law in the University of Dublin." In the United States, inter- 
 esting observations, as to pleading and procedure, have recently been 
 made by the " Dane Professor of Law in Harvard University." 
 Professor Langdell says : 
 
 "The system of pleading, which has prevailed in courts of equity, 
 was derived partly from the common-law system, and partly from 
 
 "12 Rep., 79. patched in the admiralty were, in old 
 
 "It is stated that maratime laws and time, in a more due- course done in the 
 
 ordinances, registered in the ancient au- chancery." Hargrave's Law Tracts, 
 
 thentic black book of the admiralty, p. 306; also pp. 311, 312. 
 
 shew; the method used several hundred "The "influence of the ecclesiastical 
 
 years before 1690; the year of publica- system upon local tribunals and their 
 
 tion of the pamphlet reprinted in 9 Harl. officers, and the forms and modes of pro- 
 
 Miscel., edi. 1810, p. 466. Yet "the ceeding," is mentioned in ch. 14, § 9, 
 
 chancery had admiral jurisdiction by the pp. 274, 275. 
 
 statute of 31 H. VI." Ses post in ch. '»2 Browne's Civil Law, edi. 1802, 
 
 24, § 22. In the i6th century it was pp. 348, 349. 
 ■observed that " many things now dis- 
 
CH. XXI.] 1307 TO 1399. 733. 
 
 that of the civil law, as administered in the English ecclesiastical 
 courts ; though much more from the latter than the former." '° 
 
 The procedure in the ecclesiastical courts is called the civil-law 
 system, not because it ever prevailed among the ancient Romans, but 
 because it has grown out of the latest Roman procedure, and because 
 it prevails generally in those counties and jurisdictions which derive 
 their pirocedure from the Romans." From the revival of learning, in 
 the twelfth century, "we have abundant information in the writings 
 of civilians and canonists, and in the legislation contained in the 
 'Corpus Juris Canonici.' The earliest of these writings exhibit the 
 system in full operation." — "As thus exhibited, the system is charac- 
 terized by two striking features, of which there is no trace in the Ro- 
 man procedure, and which clearly originated after the time of Jus- 
 tinian. They relate to the mode of proof; and they consist, first, in 
 requiring each party to a suit to submit to an examination under oath 
 by his adversary, his answers being evidence against him as admis- 
 sions or confessions, but not in his favour; secondly, in requiring all 
 the witnesses in a cause to be examined before the trial, and in secret, 
 their testimony being reduced to writing by the examiner in the form 
 of depositions, and kept secret until all the witnesses had been ex- 
 amined on both sides." " 
 
 As to 'the change from oral to written evidence, and the changes 
 connected with it, and consequent upon it,' Mr. Langdell says : 
 
 "It seems pretty clear" "that they were of recent introduction in 
 the twelfth century, if indeed they were introduced before the thir- 
 teenth century, and that they originated with the canonists, having 
 been first introduced into the spiritual courts. During the twelfth 
 and thirteenth centuries the canonists paid great attention to the sub- 
 ject of procedure, in that respect taking the lead of the civilians 
 proper." — "There is little doubt that, during" this "period, the civil- 
 law procedure was moulded into the shape that it has ever since re- 
 ^ tained, and that it was mainly done by the canonists."'^ 
 
 In directing attention to this procedure, Mr. Langdell claims "that 
 the procedure in equity has been derived wholly from that source, so 
 far as it is of civil-law origin."™ He considers there were defects in 
 the common law procedure which could be " effectually remedied in 
 only one way — namely, by adopting a procedure founded upon the 
 principle of compelling litigants to do whatever the chancellor de- 
 cided that by law they ought to do," and that "such a system was 
 furnished by the ecclesiastical courts." ^ 
 
 ™ Summary of Equity Pleading, p. iii. '^ Summary of Eq. PI., pp. xii and xiii.. 
 
 " Id., pp. iii and iv. " Id,, p. xiv. ™ Id., p. xxiii. 
 
734 Review of Fourteenth Century [tit. v 
 
 p. Of Scire facias to repeal letters patent; and other cases within 
 the Chancellor' s ordinary jurisdiction as distinguished from a 
 court of equity. Of proceedings in Chancery in the reign of 
 Edw. II and early part of Edw. III. How the Chancellor' s 
 equitable jurisdiction grew up. Where and in whose presence 
 he sat in 1343. 
 
 The Chancellor by his ordinary power may hold plea of scire fac. 
 to repeal the King's letters patent under the Great Seal, being always 
 enrolled in this court." This writ "doth lie in this ordinary course 
 of justice in three cases:" i. When the King by his letters patents 
 doth grant by several letters patents one and the self same thing to 
 several persons, the former patentee shall have a scire fac! to repeal 
 the second patent;" 2. "When the King granteth anything that is 
 grantable upon a false suggestion, the King by his prerogative jure 
 regio may have a scire fac! to repeal his own grant;" 3. " When the 
 King doth grant any thing which by law he cannot grant, he jure regio 
 (for advancement of justice and right) may have a scire fac.' to repeal 
 his own letters patents. Now the judgment in all these three cases is, 
 Quod pradictis litterm patentes dicti domini regis revocentur, cancel- 
 letitur, evactcentur, adnulletitur et vacues^ et invalids, pro nullo penitus 
 habeantur et tcneantur ; ac etiam quod irrotulamentum eornndem can- 
 celletur, cassetur et adnihiletiir, (2fc. Hereof our Lord Chancellor of 
 England (for foreign chancellors, it may be, have not like authority) 
 is called cancellarius, d cancellando i a dignioci parte, being the 
 highest point of his jurisdiction, to cancel the King's letters patents, 
 under the Great Seal, and damning the inrolment thereof by drawing 
 strikes through it like a lettice.'"' 
 
 "The Chancellor said, in 2 E. Ill, in the court of chancery at West- 
 minster, in Theoband de Veron's case — in a case that concerned living 
 which belonged to his ordinary powers — that the court of chancery is 
 a court of equity, where we grant a writ to every man that comes to 
 demand his heritage according to that which is found by office," &c. , 
 
 As to this Lord Coke says : " In that extent of equity, all the courts 
 of Westminster are courts of equity — viz : to administer justice ac- 
 cording to the common law."*"" Referring to "our ancient authors, 
 which speak of the court of chancery," he says they all speak of the 
 ordinary jurisdiction of the Chancellor, but none of them of any 
 court of equity." ^ 
 
 8' 4 Inst., 88; remarked on in Legal in 3 Eliz. in Dyer. The case of Hunt 
 
 Judic. in Ch., edi. 1727, cli. 5, p. 218 to v. Coffin, 2 Dy. 197 b, is mentioned in 
 
 220. The cases cited in the margin of 4 ch. 30, \ 5. 
 
 Inst., 89, are E. Ill, 7; 17 E. Ill, 59; 823 Inst., 552. <^ Id. 
 21 E. Ill, 47 ; 6 E. IV, 9 ; and a case 
 
•CH. XXI.] 1307 TO 1399. 735 
 
 The author of " Legal Judicature in Chancery" did "'not find 
 any traces of a court of equity in chancery in the tirne of Edward 
 the Second."** As \.o proceedings in chancery in that reign, there are 
 entries which Mr. Duffus Hardy's searches in the Tower of London 
 enabled Lord Campbell to publish. ^ 
 
 An order was made by the Lords that the Chancellor and the other 
 courts should lay before parliament the cases pending in their courts, 
 which they cannot decide without parliament. ^ Accordingly in the 
 parliament held at Lincoln, in 1315 (Jan. 28), the justices of both 
 benches brought in briefs of such matters as were properly determin- 
 able in parliament, *' 
 
 Bills or petitions for grace and favour were referred by the King 
 (or parliament) sometimes to the council, sometimes to the Chancel- 
 lor alone.*" 
 
 Mr. Stubbs truly observes, that "it was from the share taken by 
 the Chancellor in examining and reporting on the bills of grace and 
 favour that his equitable jurisdiction in the fourteenth century grew 
 up."*" 
 
 "Lambard in his Archain.'" 62, says that "when the Courts of 
 Chancery and King's Bench ceased to be ambulatory, and became 
 settled courts in a certain place,'^ that then the King committed to his 
 Chancellor, together with the charge of the Great Seal, his only legal, 
 absolute and extraordinary preeminence of jurisdiction," &c. ^ 
 
 '*Edi. 1727, ch. 2, p. 28. p. 269. There is further mention of him 
 
 ** I Lives of Chancellors, ch. 12, p. 209 in ch. 34, § 9. 
 
 to 212, of 3d edi. (1846.) '^4 E. Ill is the year mentioned in 
 
 ^Rolls I, 350, is cited in Id., p. 197, i Eq. Cas. Abr., 129, note. Lord Camp- 
 
 of 2d edi. (1846); p. 189 of Boston edi. bell is treating of the time of John de 
 
 1874. 87 j(^_ Stratford's chancellorship, under his first 
 
 ^'Hist. of Ch!, edi. 1726, p. 13; 3 Bl. appointment, when he says "there was 
 
 Com., 50, 51. likewise introduced about this time a 
 
 ^2 Stubbs's Const. Hist., ch. 16, great improvement in the administration 
 
 pp. 263, 264. of justice by rendering the court of chan- 
 
 "' William Lambarde, of Kent, born eery stationary at Winchester." i Camp- 
 in 1536, keeper of the records in the bell's Lives of Chancellors, ch. 13, 
 Tower, &c., and a learned and Indus- p. 217. 
 
 trious antiquary, was author of the ^^ i Eq. Cas. Abr., 129, note; Bac. 
 
 ' Arckainomia sive de priscis Angloram Abr., tit. Court of Chancery, vol. 2, 
 
 Legibus,' 1568, 4to. He died in 1601. p. 451, of Lond. edi. 1832; Legal Judic. 
 
 Granger's Biogr. Hist., vol. i, edi. 1779, in Ch., edi. 1727, p. 29. 
 
736 Review of Fourteenth Century [tit. v 
 
 " It is said in lo E. Ill (59, 60,) that the Chancery and the King's. 
 Bench is one place or court; but here it is to be noted that at this 
 time and before the court of chancery was a settled court, in a certain 
 place, to the great benefit and ease of the subject.'"" 
 
 Mr. Stubbs says : 
 
 " When, early in the reign of Edward III, the Chancellor ceased to 
 be a part of the King's personal retinue, and to follow the court, his. 
 tribunal acquired a more distinct and substantive character, as those 
 of the other courts had done under the like circumstances ; petitions 
 for grace and favour began to be addressed primarily to him, instead 
 of being simply referred to him by the King, or passed on through, 
 his hands.""' 
 
 This passage should be compared with § 21 of ch. 19 (pp. 565, 556), 
 and with the next section of this chapter. 
 
 Where, during the chancellorship of Robert de Sadington — -Sept. 
 29, 1343, to Octo. 26, 1345 — the Chancellor commonly sat, and in 
 whose presence, appears from an entry !n July, 1345, in which month 
 the King sailed for and returned from Flanders, his son, Lionel,, 
 being guardian of the realm in his absence.''^ 
 
 Quod quidem sigillum idem Dominus Rex a Roberto de Sadyngton 
 Cancellario suo, super passagio suo versus dictas partes Flandrise 
 prius recessit idemque Cancellario, in quadam bursa inclusum in 
 Magna Aula Regis apud Westmonasterium in loco ubi idem Can- 
 cellarius communiter sedet inter Clericos Cancellarice pro officio suo 
 exercendo in prcesentia eorundem clercorum liberavit." ^ 
 
 10. How equitable jurisdiction was exercised after 1345, and until 
 Chancellor Offord's death in 1349; especially of the writ of 
 22 Edw. Ill, mentioned in i Campbell's Lives of Chancellors, ch. 
 14, p. 231, of edi. 1846, pp. 236, 237 of Bostoyi edi. 1874. 
 
 Among the cases in Br. Abr., under title 'Petition & Monstrans -de 
 
 s'2 Inst., 552, 554. A case, in ^2 Stubbs's Const. Hist., ch. 16, 
 
 10 E. Ill, is cited in Fitzherb. Abr., tit. p. 394, note 2. 
 Petition. 96 j Campbell's Lives of Chancellors^ 
 
 3*2 Stubbs's Const. Hist., ch. 15, Boston edi. 1874, p. 235; citing Rot. 
 
 pp. 268, 269; Hardy's Close Rolls, CI., 19 Ed. Ill, p. 2. 
 p. 109. 
 
CH. xxi.j 1307 TO 1399. 737 
 
 droit,'^^ is one in 21 E. Ill, shewing as to petitions of right,'' that 
 , they " ought to be directed by their endorsement to the chancellor." 
 A petition complaining of a judgment in the Common Pleas was, in 
 21 and 22 Edw. Ill, "referred to the chancery."^ With some of the 
 proceedings in ch. 19, § 33, p. 588, may be compared the following. 
 
 The writ in 22 Edw. Ill, to the sheriffs of London, mentioned by 
 Dr. Wooddesson,'"' Mr. Spence,'" and Lord Campbell,'"' is as fol- 
 lows :"» 
 
 • 
 
 Rex Vicecomit. London, salutem. Quia circa diversa negotia nos 
 et statum regni nostri Angl. concernentia sumus indies maltipliciter 
 occupati, volumus quod qiiselibet negotia tam communem legem 
 regni nostri Angl. quam gratiam nostram specialem concernentia 
 penes nosmetipsos habens prosequend'. eadem negotia, videlicet ne- 
 gotia. ad communem legem penes venerab'. virum elect' Cantuar' con- 
 firmat' Cancellarium nostrum per ipsum expediend. Et alia negotia 
 de gratia nostra concedenda penes eundem Cancellarium seu dilectum 
 dericum nostrum custodem sigilli nostri privati prosequantur. Ita 
 quod ipsi vel unus eorum petitiones, negotiorum quae per eos nobis 
 inconsultis expediri non poterunt, una cum advisamentis suis inde ad 
 nos transmittant vel transmittal absque alia prosecutione penes nos inde 
 faciend' ut his inspectis ulterius prsefato Cancellario, seu Custodi inde 
 significamus velle nostrum, et quod nullus alius hujus modi negotia 
 penes nos metipsos de cetero prosequantur, vobis praecipimus quod 
 statim visis prassentibus prasmissa omnia et singula in civitate praedicta 
 in locis ubi expediri videritis publice proclamari facatis in forma prae- 
 dicta et hoc nullatenus omittatis. Teste Rege apud Langley "* 13 die 
 Januari. Anno regni sui 22 Ed. III." 
 
 Whereof the author of Legal Judicature in Chancery gives the 
 
 following translation : 
 
 "The King to the sheriffs of London greeting: Forasmuch as we 
 
 "Folio 130 to 132 of 2d part of Br. and Legal Judicature in Chancery, p. 30. 
 
 Abr., edi. 1576, contains pi. II, 21 E. Ill, ™ l Campbell's Lives of Chancellors, 
 
 47; pi. 43, 24 E. Ill, 24; pi. 12, ch. 14, p. 251, of 2d edi. (1846); pp. 236, 
 
 24 E. Ill, 55 ; pi. 13, 24 E. Ill, 65. 237, of Boston edi. 1874. 
 
 ''3 Bl. Com., 256; I Spence's Eq., •"^Claus., p. 2, m. 2, in dorso per 
 
 336. ipsum Regem; Legal Judic. in Ch., edi. 
 
 '^ I Campbell's Lives of Chancellors, 1727, pp. 30, 31. 
 
 p. 274 of 3d edi. {1846) ; p. 259 of Bos- ^°* 19 miles from London at Langley 
 
 ton edi. 1874. Kings, or Chiltern, Henry HI built a 
 
 100 1 Wood. Lect., p. 176 of ist; p. 105 palace, in which Edmund, the fifth son 
 
 of 2d edi. (1834.) of Edv>rard III, was born. Dugdale's 
 
 '"' I Spence's Eq., p. 337 ; citing (in Engl, and Wales, vol. 5, p. 1043. 
 note) Introd. to Close Rolls, p. xxviii; 
 
 47 
 
738 Review of Fourteenth Century [tit. v 
 
 are greatly and daily busied in various affairs concerning us and the 
 state of our realm of England : We will, That whatsoever business 
 relating to the common law of our kingdom,, as our special grace cog- ' 
 nizable before us, from henceforth be prosecuted as followeth, viz ; 
 The commofi law business, before the Archbishop of Canterbury 
 elect, our Chancellor, by him to be dispatched ; and the other matters 
 grantable by our special grace, be prosecuted before our said Chan- 
 cellor, or our well beloved clerk, the Keeper of the Privy Seal, so 
 that they, or one of them, transmit to us such petitions of business, 
 which without consulting us they cannot determine, together with 
 their advice thereupon, without any further prosecution to be had 
 before us for the same ; that upon inspection thereof, we may further 
 signify to the aforesaid Chancellor or Keeper, our will and pleasure 
 therein ; and that none other do for the future pursue such kind of 
 business before us, we command you immediately, upon sight hereof, 
 to make proclamation of the premises, &c." '"^ 
 
 fohn de Off or d, the venerable man who at the date of this writ 
 (January 13, 1348-9) was Chancellor of England, and had been 
 elected archbishop of Canterbury, was never installed in the arch- 
 bishopric; his death, on May 20, 1349,'°^ prevented such installation, 
 and put an end to exercise of power by him as chancellor under said 
 writ or otherwise. • 
 
 11. How far the statute of 36 Edw. Ill, c. g, gave countenance to a 
 court of equity. How, in the latter part of Edward's reign, 
 equitable jurisdiction was exercised in a suit by a wife for spe- 
 cific performance of an agreement; and in other cases. 
 
 The statute of 36 Edw. Ill, c. 9 (mentioned in ch. 19, § 41) is 
 noticed more than once by Lord Coke in speaking of the Chancel- 
 lor's powers. He says : 
 
 "Peruse all the acts of parliament, printed and not printed, and 
 you shall find none that giveth him power to hold any court of 
 equity, where some have thought that the statute of 36 E. Ill, cap. 9, 
 doth give the chancellor power to draw men before him for relief in 
 equity, but that statute, without question, referreth to his ordinary 
 power; for thereby it is provided that if any man finds himself 
 grieved contrary to the articles above written, or others contained in 
 divers statutes, will come into the chancery, or any for him, and 
 
 u= Legal Judic. in Ch., edi. 1727, ch. 2, time mentioned in i Campbell's Lives of 
 
 PP- 30, 31- Chancellors, p. 252, of 2d edi. (1846), 
 
 i™That is the time according to Mr. p. 237, of Boston edi. 1874. But in 
 
 Foss. The 26th of August, 1348, is the this there is obviously a mistake. 
 
■CH. XXI.] 1307 TO 1399. 739 
 
 thereof make his complaint, he shall presently there have remedy by 
 force of the said articles and statutes without pursuing elsewhere to 
 have remedy ; that is, the party grieved shall have an original writ in 
 the chancery, grounded upon these statutes for his relief, although 
 no certain remedy be expressed in the statutes, without pursuit in 
 parliament; which act is but a declaration of the common law, as 
 oftentimes hath been observed before, and giveth no shadow to the 
 ■chancellor of any absolute power." ^'" 
 
 Although Lord Coke is of opinion that no equitable jurisdiction 
 was given by this statute, yet "there are those who differ from him,'' 
 or seem to differ from him, in that respect,"" because of the words 
 ^ without pursuing elsewhere to have remedy.' "' ' That it enlarged 
 the power of the chancellor,' it seemed to Mr. Samuel Burrough, 
 'can't be denied.'"" 
 
 It is interesting to observe in what manner equitable jurisdiction 
 was exercised during the remainder of Edward's reign.'" 
 
 Complaints of judgments at law and reference thereof to the chan- 
 cery had become familiar."^ Other cases were " specially sent to the 
 chancellor, or chancellor and treasurer, sometimes with a requisition 
 that they should assemble, the justices and Serjeants and others of the 
 council to assist in their determination.""'' 
 
 Audley v. Audley, 40 Edw. Ill, is mentioned by Lord Campbell as 
 " the earliest instance " that he has found of a suit for a specific per- 
 formance."* The same case is cited by Mr. Spence."* He states it as 
 a complaint made by Lady Audley, suing without her husband 
 against her father-in-law. He regards the 'whole proceeding' as 
 'wholly at variance with the doctrines of the common law, both as 
 
 ><" 2 Inst., 553 ; 4 Id., 82. Byll. 
 
 "8 In 20 Car. 2, in argument by coun- ^'^ I Campbell's Lives of Chancellors, 
 
 sel as to causes of equity, it was said p. 274 of 2d edi. (1846), p. 259 of 
 
 " the first statute which gave countenance Boston edi. 1874. ♦ 
 
 to this court was the statute of 36 Ed. "' i Spence's Eq., p. 338. 
 
 Ill, 9; King V. Standish, I Lev. 241. "■* I Lives of Chancellors, p. 8, of 2d 
 
 '"^Hist. of Chancery, edi. 1726, p. 47 ; edition (1846,) note; and of Boston edi. 
 
 I Wood. Lect., pp. 177, 178, of ist, 1874. 
 
 p. 105 of 2d ed. "^ I Spence's Eq. 337 ; citing ' Sir F. 
 
 ""Hist, of Chancery, edi. 1726, p. 47. Palgrave Council, p. 64,35 Edw. Ill; 
 
 "1 Cases in 42 Edw. ill, and in /iJ/o', p. 67, 40 Edw. III." 
 •51 E. Ill, are in Fitz. Abr., under tit. 
 
740 Review of Fourteenth Century [tit. v 
 
 regards the institution of the suit by the wife alone, and the relief 
 sought— ^/i(?cy?c performance of an agreement. But he states the 
 case as one wherein the complaint was to the king in parliament, and 
 all parties submitted themselves to the king and his council. And he 
 cites the case in support of his position that " matters of grace were 
 not yet sent exclusively to the chancellor'or the Lord Privy Seal"; — 
 that some cases "were still specially sent to the Chancellor, or Chan- 
 cellor and Treasurer, sometimes with a requisition that they should 
 assemble the justices and Serjeants and others of the council to assist 
 in their determination.""* The same position is supported by Lord 
 Campbell's statement, that " the w'lk petitioned the king in parliament " ■ 
 that " the king caused the defendant to come before the chancellor, 
 the treasurer and the justices and other ' sages ' assembled in the Star 
 Chamber"; and that "after various proceedings before the chancellor 
 and treasurer in the council, performance of the covenant was at last 
 obtained.""' 
 
 12. In the'reig7i of Ric. II 'a settled court of equity before the chan- 
 cellor.' In 12 Ric. II Ordinationes Cancellarii^ Dom. Regis. 
 As to equitable jurisdiction , what was ruled before the statute 
 oj I J Ric. II; and how this statute operated. 
 
 A judge of the King's Bench said: 
 
 "That the court of equity is not so ancient; for before Richard 
 the second, the petitions were to the King, and by him referred 
 sometimes to the chancellor and sometimes to the treasurer, but no 
 settled court of equity before the chancellor till the time of Richard 
 the second." 
 
 This language, though uttered"* two centuries after Richard 
 the second became King, is quite consistent with reports of what 
 occurred in Richard's reign."*" 
 
 " I Rot. Par., 2 R. II, nu. i8, the high court of parliament relieveth 
 but such as cannot have remedy but in parliament.'™ 
 
 "6 I Spence's Eq., 337. § 55, pp. 629, 630. 
 
 "' I Lives of the Chancellors, note, M^j ^^^ By Doiien, J., in 4 W. & M., in 
 
 supra, 45 E. III. Rotulo Parliamenti Howard v. Tremaine, i Show, 364. 
 
 Numero, 24, is in i Roll's Abr., tit. Chan- ™ i Ric. II, Fitzh. Abr., tit. Byll. 
 
 eery (F). What was recognized in 1^4 Inst., ^4. 
 50 Edw. Ill, may be seen in eh. ig, 
 
•CH. xxi.J 1307 TO 1399. 741 
 
 In parliament at Westminster, on the third day of February, 
 1387-8, the Lord Chancellor Arundel gave this notice: 
 
 "That whoever would complain in parliament of sdch things as 
 ■could not well be redressed by the common law might carry their 
 petitions to the clerk in chancery, there named and appointed to 
 receive them.'"*' 
 
 In 12 Ric. II were made Ordinationes Cancellaricz Dom. Regis, ■^'^ 
 whereof the 2d and 7th and also the 24th are in ' Legal Judicature in 
 Chancery.'^'" 
 
 Rot. Par., 13 R. II, nu. 10, is cited in 4 Inst., 84. 
 
 "The parliament for matters determinable at the common law doth 
 Temit the parties thereunto. Nunquam decurritur ad extraordina- 
 rium, sed ubi deficit ordinarium." 
 
 "]. C, complainant against Sir R. K., Knight: for that he enfeoffed 
 the said R. of certain his lands until certain money was to him paid, 
 which was done, and that the said J. could not have his land: where- 
 upon, by writ, the said R. appeared in parliament; both of which 
 parties being then heard, /or that the matter seemed to be determin- 
 able at the common law, the same parties were remitted thereto." ^'^ 
 
 In 16 Ric. n, the " petitions of the Commons, with their answers, 
 •embrace the following : 
 
 "That all conspirators may, from henceforth, be tried in those 
 •counties, where the indictments and deliverances were made." 
 
 Resp. " If any man be grieved, let him sue to the Chancellor until 
 the next parliament." ^^ 
 
 Lord Coke states (in 2 Inst., 553) that the first decree that he finds 
 made by the chancellor was in 17 R. II, John de Wyndeser v. Sir 
 R. le Scrope (mentioned in ch. 20, § 24, p. 696).^^" In the same parlia- 
 ment wds the following: 
 
 "Sundry towns of the West part, praying remedy against the 
 officers of the admiralty, for holding plea of matters determinable at 
 the Common Law; the which they pray may be revoked. 
 
 The Chancellor, by the advice of the Justices, upon the hearing 
 
 '" I State Tr., 99, 100. No. 10. • 
 
 ^'^ As stated in I 7, p. 727. 125 Cotton's Abr., p. 348, No. 26. 
 
 ''^P. 117. ™Id, p. 351, No. ID. 
 
 13 Ric. II, Cotton's Abr., p. 330, 
 
 JM 
 
742 Review of Fourteenth Century [tit. \r 
 
 of the matter, shall remit the matter to the Common Law and grant 
 prohibition.'"" 
 
 The parliament of that year (17 Ric. 2) enacted the statute men- 
 tioned in chapter 20, § 24, pp. 695, 696. Of it, Lord Coke says : 
 
 "This act extendeth to the Chancellor, proceeding in course of 
 equity, and extendeth not to a demurrer in a law upon a bill, but 
 upon hearing of the cause upon these words in the act (' duly found 
 and proved'); and this is the first parliament that I find touching 
 this matter." "« 
 
 "From the time of passing the 'Stat. 17 Richard II, we may con- 
 sider that the court of chancery was established as a distinct and 
 permanent court, having separate jurisdiction with its own peculiar 
 mode of procedure similar to that which had prevailed in the council^ 
 though perhaps it was not yet wholly separated from the council' ""^ 
 
 zj. Of jurisdiction to compel the execution of trusts ; and to restrain 
 
 waste. 
 
 Uses and trusts have been treated of by Coke,"" Bacon,^" Mans- 
 field"^ and Blackstone. The latter says: "Uses and trusts are, in 
 their original, of a nature very similar, or rather exactly the same: 
 answering more to \hs. fidei-commissum than the usus-fructus of the 
 civil law." — " In our law, a use" is " a confidence reposed in another, 
 who was tenant of the land, or terre-tenant ; that he should dispose of 
 the land according to the intentions of cestui que use, or him to 
 whose use it was- granted, and suffer him to take the profits. As, if a 
 feoffment was made to A and his heirs, to the use of (or in trust for) 
 B aild his heirs; here, at the common law. A, the terre-tenant, had 
 the legal property and possession of the land, but B, the cestui que 
 use, was, in conscience and equity, to have the profits and disposal 
 of it. This notion was transplanted to England from the civil law, 
 about the close of the reign of Edward III, "' by means of the foreign 
 ecclesiastics, who introduced it to evade the statutes of mortmain, by 
 obtaining grants of lands, not to their religious houses directly, but 
 to the use of the religious houses; which the clerical chancellors of 
 those times held to h& fidei-commissa, and binding in conscience; and 
 therefore assumed the jurisdiction, which Augustus had vested in his 
 prcetor, of compelling the execution of such trusts in the court of 
 chancery." "* 
 
 i« Id., p. 356, No. 48. I W. Bl. 156, 1 Eden 218. 
 
 1284 Inst., 83. ■ >*5Lord Bacon thinks them httle 
 
 129 1 Spence's Eq., 345. known before Richard the Second's 
 1SO31 Eliz. Chudleigh's case,-l Rep. time. Bac. Us. 24; i W. Bl. 156. 
 
 121^. i"2 Bl. Com. 327, 328; I Cruise's 
 
 1^1 Use of the Law, 153. Dig., tit. ii, ch. i, § i, p. 387. 
 
 132 22 Geo. Ill, in Burgess v. Wheate, 
 
CH. XXI.] 1307 TO 1399. 743 
 
 In the time of Ric. II, an injunction was granted to restrain waste. "* 
 14. Gf the process of subpoena. 
 
 That a "subpoena in chancery' was known and used in 14 Edw. Ill, 
 appears in ch. 19, § 21, p. 565. In 37 Edw. Ill, the mandate of the 
 subpoena was in these words : 
 
 " Quod esset in Cancellaria Regis ad certum diem, ubicunque 
 foret, ad ostendendum si quid pro se haberet vel dicere sciret quare, 
 &c., et ad faciendum ulterius quod curia consideraritr ™' 
 
 ^^ The case is mentioned by Egerton, of the Commons, in the reign of Henry V, 
 
 keeper of the Great Seal, in 41 Eliz. (Rot. Pari, iv, 84,) such a statement as 
 
 Moore, 554. appears in 3 BI. Com., 52; i Cruise's 
 
 136 According to an entry cited in Dig., tit. xi, ch. i, sect, i, pp. 390, 391 ; 
 
 p. XXX of Introd. to Close Rolls. So and Foss's Biogr. Jurid. As to this, see 
 
 stated in I Spence'sEq.,p. 338, note(o.) I Campbell's Lives of the Chancellors, 
 
 It is curious, therefore, to read as to p. 299, of 2d edi. (1846), p, 283, of Bos- 
 
 John de M'altham (mentioned in ch. 20, ton edi. 1874. 
 2 26, p. 700,) that there was in a petition 
 
744 Reign of Henry IV [tit. vi 
 
 Title VI. 
 
 INSTITUTIONS OF ENGLAND FROM 1399 UNTIL 1509. 
 
 Between the chapters under titles i, 11, iii, iv, and v, and those 
 under titles vi, vii, and viii, there is a material difference in this : in 
 the former, one endeavour has been to notice chronologically all who 
 sat upon the English bench intimes preceding the period when there 
 was ' a settled court of equity before the chancellor ' ; in the latter, 
 many pages are occupied with notices of "Lord Chancellors and 
 Keepers of the Great Seal," Masters of the Rolls and other Masters 
 in Chancery, and the Registrars ; but as a general rule the notices in 
 the latter titles (vi, vii and viii) are limited to those who sat in the 
 chancery as a court of equity, or were officers thereof To this gen- 
 eral rule there are rare exceptions. One is the man by whom, in the 
 reign of Hen. IV, the office of Chief Justice of the King's Bench' 
 was filled from Nov. 15, 1400 — William Gascoigne.'' He is almost 
 "the first chief justice of whom we have any personal anecdotes; 
 and the incidents related of him are not only creditable to himself 
 as an individual, but afford also'' an early, perhaps "the first example 
 of that honesty, independence and courage which should charac- 
 terize the judicial bench." 
 
 1 Wherein Walter de Clapton was, II (1397), he was appointed one of the 
 from the accession of Henry IV until King's Serjeants. In 1398, he was among 
 Nov. 1400, when he vacated his seat, the twenty attorneys assigned for different 
 and became one of the ' Friars Minors.' courts or jurisdictions by Henry of Lan- 
 He died about 1410. Foss's Biogr. Jurid. caster, Duke of Herreford (Rymer viii> 
 
 2 Born at Gawthorp, in Harwood parish 49), on his banishment from the kingdom, 
 (betwixt Leeds and Knaresboroughj.and He married first Elizabeth, daughter and 
 mentioned in the Year Books as an advo- heir of Alexander Mowbray, of Kirthing- 
 cate in 48 Edw. Ill, 1374. In 21 Ric. . ton, Esquire; and secondly, Joan (or 
 
■CH. xxii.J 1399 TO 1413. 745 
 
 "All writers acknowledge his legal merit in the ordinary execu- 
 tion of his office, and it was not long before he had occasion to 
 •exhibit the higher characteristics of his nature. In 1405, the army 
 raised by Richard Scrope, archbishop of York, and Thomas Mow- 
 bray, earl marshal, having been dispersed by the capture of the two 
 leaders, they were taken to the royal presence at Bishop's Thorpe, 
 the primate's palace, whien the king commanded the chief justice to 
 pronounce on them the sentence ol death. Gascqigne resolutely re- 
 fused to obey, saying, ' Neither you, my lord, nor any of your sub- 
 jects can, according to the law of the realm, sentence any prelate to 
 death, and the earl has a right to be tried by his peers.' The King 
 was not to be stopped ; he found a willing instrument in Sir William 
 Fulthorpe, a knight of Yorkshire.' Yet the King was far from with- 
 drawing his confidence from his chief justice^ and is saW to have been 
 in the lamiliar habit of putting supposed cases for his opinion. 
 
 " The history of Gascoigne s committing Prince Henry to prison, is 
 told in various ways. The most authentic seems (to Mr. Foss) " to 
 be that the prince, on the arraigiunent of one of his servants for 
 felony before the chief justice, imperiously demanded his release, and 
 having been refused with a rebuke for his interference, had angrily 
 drawn his sword on the judge. His passion was instantly checked 
 by the dignified demesyiour of Gascoigne, who calmly called on him 
 to remember himself, reminded him of the position in which he would 
 one day stand, and committed him to prison for his contempt and 
 disobedience. The prince submitted at once, and went away in cus- 
 tody, and when the incident was related to the King, he exclaimed, 
 ' How much am I bound to your infinite goodness, O merciful God, 
 for having given me a judge who feareth not to administer justice, 
 and a son who can thus nobly submit to it."* , 
 
 Jane), daughter of Sir William Pickering, pose that he died Dec. 17, 1412. But 
 
 and widow of Sir Henry de Greystoke, this is a mistake. He is the judge in a 
 
 who was made a baron of the Exchequ;:r case reported in Feb., 1413 (Y. E., 14 
 
 Octo. 6, 1356 (30 Edw. III). Foss's. Hen. IV, fo. 19), and remained chief jus- 
 
 Biogr. Jurid. tice until the death of Henry IV. In the 
 
 '"In no way himself connected with play of King Henry IV (act v, scene 2), 
 
 the law." Foss's Biogr. Jurid. Shakspeare has erred, not in regarding 
 
 *2 Turner's Engl., edi. 1825, book 2, Gascoigne as alive after the accession of 
 ch. 8, pp. 377, 378. Foss's Biogr. Jurid. Henry V, but in treating him as re- 
 Some of Gascoigne' s biographers sup appointed chief justice by this new King. 
 
746 Reign of Henry IV [tit. vi 
 
 Institutions in the reigns of Hen. IV and Henry V, and of others 
 in the same century, are the subject of the next eight chapters : 
 
 Chap. XXII. — Institutions in the reign of Henry IV — 1399 to 1413. 
 
 XXIII. — Institutions in the reign of Henry V — 1413 to 1422. 
 
 XXIV. — Institutions in the reign of Henry VI — 1422 to 1461. 
 
 XXV. — Institutions in the reign of Edward IV — 1461 to 1483. 
 
 XXVI. — Institutions in the reign of Edward V — 1483, Apr.gtojuneas^ 
 
 XXVII. — Institutions in the reign of Richard III — 1483 to 1485. 
 
 XX'^'III. — ^Institutions in the reign of Henry VII — 1485 to 1509. 
 
 XXIX. — Review of the whole period — '399 to 1509. 
 
 CHAPTER XXII. 
 
 INSTITUTIONS IN THE REIGN OF HENRY IV— 1399 
 
 TO 1413. 
 
 I. How soon he appointed officers. When he was crowned. Time 
 of session of his first parliament. Its statute. 
 
 At Westminster in 1399 on Tuesday, Sept. 30, after proceedings 
 mentioned in ch. 20} King Henry, sitting in the royal seat,'' appointed 
 his chief officers.' In October, on the 6th, Thomas de Arundell, 
 Archbishop of Canterbury,* " declared how that a J'arliament was 
 summoned by King Richard to be holden there the Tuesday next 
 before";* and announced that King Henry meant to be crowned the 
 Monday ensuing; the Lords and Commons agreed to a continuance 
 
 iln § 30, pp. 715, 716. hall at Westminster, there being present 
 
 '"For that the power of all officers the Lords and Commons." /rf., p. 384. 
 
 ceased." Cotton's Abr., p. 388, No. 58. ^"The which summons was undone 
 
 '"And justices who were sworn after and void by the acceptation of the re- 
 
 the accustomed manner." Id. nouncing the same King Richard, and 
 
 * " By the King's commandment, who deposing of him, made the same Tues- 
 
 then sat in his royal estate in the great day." Id., p. 384. 
 
CH. xxii.J 1399 ifo 1413. 747" 
 
 of the Parliament till the Tuesday evening. The coronation was (as 
 contemplated) on Monday the I3th.° Parliament sat from Octo. 14 
 to Nov. 19' (or 29);^ and enacted a statute of 20 chapters." 
 
 2. Of Richard the second ; Octo. 2g, 1399, at midnight, removtd 
 from the Tower ; Feb. 14 dead at Pontefract castle. 
 
 "On Thursday (Octo. 16) the Archbishop of Canterbury willed all 
 the Lords in no wise to disclose anything should be spoke : upon 
 which the Earl of Northumberland demanded of the Lords what 
 were best to be done for the life of the late King Richard, whom 
 they would by all means to be saved; the Lords severally answered 
 that it were good safely to keep him in some secret place from all 
 concourse; and that by such sufficient persons as had not been 
 familiar or about him."'" 
 
 "On Monday," Octo. 28, "the King came into the Parliament into 
 the great hall of Westminster, where by the assent of the Bishops 
 and Lords, Richard, late King of England, was adjudged to perpetual 
 prison, as above."" 
 
 On the 29th, at midnight, Richard was removed from the Tower." 
 He was conveyed to Leeds Castle, in Kent ; and thence secretly to 
 Pomfret casde ; a place " more distinguished by tragical events than 
 any fortress in England except the Tower." On St. Valentine's day 
 (Feb. 14) he was dead." Supposing "that Henry spoke the truth 
 when he declared that he had no hand in his death," " it is yet con- 
 sidered, that "if Henry were guiltless of Richard's death in fact, he 
 was not guildess of being the direct cause of it, and the person who 
 directly profited by it." " 
 
 * Id., p. 384, and p. 390 (No. 62). 4 Lingard's Engl., ch. 4, pp. 282, 283; 
 
 '3 Stubbs's Const. Hist., ch. 18, p. 17. i Mackintosh's Engl., Phila. edi. 1830, 
 
 'Wednesday, the 2gth of Nov., is pp. 284, 285. 
 
 meationed in Cotton's Abr., p. 401. " 3 Stubbs's Const. Hist., ch. 18, p. 26. 
 
 '2 Stat, of the Realm, p. in to 119. '^ Id., p. 9. Richard's body, after 
 
 The 6th (that " in petitions to the King being shown in London at St. Paul's, 
 
 for lands, offices, &c., the value thereof was interred (19 miles from London) 
 
 shall be mentioned") is in i Stat. Rev., in the church at Langley Kings; and, 
 
 edi. 1870, p. 267. in i Hen. V, removed thence to West- 
 
 ^"Cotton's Abr., p. 391, No. 74. minster Abbey; S Dugdale's Engl., 
 
 " Id., No. 77. p. 1043, tit. ' Langley Kings ;' 2 Tur- 
 
 '^3 Stubbs's Const. Hist, ch. 18, ner's Engl., ch. 7, p. 339; 4 Lingard's 
 
 p. 20. ' Engl., ch. 4, pp. 282, 283; I Mackin- 
 
 '''Dugdale'sEngl.,p. 1308, tit. •/'o«^^- tosh's Engl., Phila. edi. 1830, p. 286; 
 
 fract;' 4 Collyer's Engl., p. 209, of edi. 3 Stubba's Const. Hist.,ch. 18, pp. 26,78. 
 177s ; 2 Turner's Engl., ch. 7, p. 337 ; 
 
748 Reign of Henry IV [tit. vi 
 
 S- Henry's last act in his first parliament ; its operation as to the 
 ex-chancellor^ Sir Richard le Scrope. John de Scayle now 
 chancellor ; his part in the parliament of 2 Hen. IV. What 
 parliament did as to the chancery. 
 
 The last act of Henry's first parliament was as to William le 
 Scrope, Henry Green and Johii Bussey ; " it is the subject of observa- 
 tions by Mr. Foss" and Mr. Stubbs. The latter says of the King: 
 
 " His last act in the parliament was to except from all the benefits 
 of the national pacification, the estates of Scrope, Bussy and Green, 
 whom he regarded as guilty of all the evil that had come upon the 
 land ; yet even here he would try to be just; he would not lay hand 
 on the estates with which those culprits were enfeoffed to the use of 
 others, and he would do nothing that would endanger or disgrace 
 the venerable Lord le Scrope, of Bolton, who had been so faithful to 
 his father and grandfather, and who was in no way answerable for 
 the sins of his unhappy son, the earl of Wiltshire." '' ^ 
 
 John de Scarle, who had, after the arrest of King Richard, been 
 appointed Chancellor, was of course not removed by Henry. 
 
 In 2 Hen. IV, on "Thursday, being the 20th day of January" 
 (1401), the knights and burgesses were called into the Chancery 
 within Westminster Hall before the Chancellor and the Steward of 
 the King's House, by name, upon whose appearance the Parliament 
 was continued until Friday following ; and so appointed by the Chan- 
 cellor on the King's behalf"'" 
 
 During the session (which continued until Thursday, the tenth of 
 March)™ there were among the "petitions of the Commons, with 
 their answers," the following: 
 
 69. " That no writs be sued out of the Chancery or Exchequer 
 to any man to appear at a day, upon pain." 
 
 Resp. "Such writs shall not be granted without necessity."^' 
 
 No. 85. " That all traverses of office and scire facias going out 
 of the Chancery may be tried in the King's Bench, or Common 
 Pleas." ■ 
 
 Resp. "The Chancellor, by virtue of his place, may grant the 
 same."''^ '• 
 
 '8 As to the name of the third, there is '^^ Id., p. 410, No. 69; Rot. Pari. 2, 
 
 a misprint in Cotton's Abr., p. 401. H. IV, Nu. 69, is cited in 4 Inst., 83. 
 
 " Biogr. Jurid., tit. .S^ro/f (Richard le). "^"^ Id., pp. 411, 412. Rot. Pari. 2, 
 
 ^*3 Stubbs's Const. HiS., ch. i8, p, 24. H. IV, No. 95 is cited in Legal Judic. 
 
 '" Cotton's Abr., p. 404. in Ch., edi. 1727, ch. i, p. 13. 
 2" /</., p. 408, No. 46. 
 
CH- xxii.J 1399 TO 1413. 749- 
 
 ^. The part of Thomas de Arundel {ex-chancellor and archbishop of 
 Canterbury) in the statute of 2 H. IV, ch. ij; and in the sen- 
 tence against William Sautre — the basis of the writ de haretico 
 comburendo under which Sautre was burnt. 
 
 The statute of 2 Hen. IV has twenty-four chapters,^' whereof the 
 second, third, fourth and seventh are in i ' Statutes Revised,' edi. 
 1870, p. 268 to 271. Upon the fifteenth, which occupies several 
 pages," there has been much comment.^" Mr. Green says : 
 
 " By the provisions of this infamous act, the hindrances which had 
 till now neutralized the efforts of the bishops to enforce the common 
 law were utterly taken away. Not only were they permitted to 
 arrest all preachers of heresy, all school-masters infected with 
 heretical teaching, all owners and writers of heretical books, and 
 imprison them, even if they recanted, at the King's pleasure, but a 
 refusal to abjure, or a relapse after abjuration, enabled them to hand 
 over the heretic to the civil officers, and by these — so ran the first 
 legal enactment of religious bloodshed which defiled our statute 
 book — he was to be burned on a high place before the people."'^' 
 
 The guilt of countenancing, encouraging, and aiding in the pas- 
 sage of this statute must by other ecclesiastics be shared with Thomas 
 de Arundel, ex-chancellor of England and Archbishop of Canter- , 
 bury ; but besides his the primate's part in its enactment, the proceed- 
 ing against William Sautre was before him." His sentence^ was the 
 foundation of the writ de hceretico comburendo in F. N. B. (269);^' 
 which bears teste 26 Feb., 2 H. IV, and is stated by Sir Matthew 
 
 ^2 Stat, of the Realm, p. 120 to 132. against pilgrimages and against transub- 
 
 ''*/(/., p. 125 to 128. stantiation till the statute of heresy 
 
 "^12 Rep. 56; 3 Inst. 39; 4 Id., 83; strengthened Arundel's hands. In Feb- 
 
 4 Bl. Com. 46, 47 ; Green's Short Hist., ruary, 1401, Sautre was brought before 
 
 '^- Si PP- 278, 279. the primate as a Jfelapsed heretic, and on 
 
 ^Green's Hist, of Engl. Peop., book refusing to recant, a second time, was 
 
 4, ch. 5, vol. I, p. 523. degraded from his orders." Id., pp. 523, 
 
 " Sautre, .while a parish priest at Lynn, 524. 
 
 had been cited before the bishop of Nor- ^s i gt. Xr., jm. 173, 174. 
 
 wich two years before for heresy, and =^9 Cotton's Abr., 407; 2 Stubbs's 
 
 forced to recant. But he still continued Const. Hist., ch. 18, pp. 31, 32, and 
 
 to preach against the worship of images, pp. 357, 358. 
 
750 Reign of Henry IV [tit. vi 
 
 Hale to have been " formed and made by the advice of the lords 
 temporal in parliament." '" In the writ is this recital: 
 
 "The venerable father Thomas, archbishop of Canterbury, primate 
 of all England, and legate of the apostolic see, with the consent and 
 assent of the bishops and his brothers and suffragans, and also of the 
 whole clergy of his province in his provincial council assembled, the 
 orders of law in this behalf requisite, being in all things observed, by 
 his definitive sentence pronounced and declared W. Sawtre (sometime 
 chaplain, condemned for heresy, and by him the said W. heretofore in 
 form of law abjured, and him, the said W., relapsed into the said 
 heresy) a manifest heretic, and decreed him to be degraded" — "and 
 left him to the secular court." 
 
 After which recital, the writ informs "the mayor and sheriffs of 
 London," that such heretics " ought to be burnt with a burning flame 
 of fire," and commands them to "commit to the fire the aforesaid 
 W.," before the people publicly, " and cause him really to be burnt in 
 the same fire." 
 
 Under this writ poor Sautre, parish priest of the church of St. 
 Osith's, London, was really burnt at Smithfield about the 28th of 
 February — burnt for maintaining opinions of John Wickliff, often 
 styled the Morning Star of the Reformation i ^- 
 
 5. In 1401, the Great Seal resigned by Scarle and delivered to Bishop 
 Stafford. What the Chancellor did in the parliament of 1402 ; 
 what parliament, did as to matters in chancery by stat. 4 
 Hen. IV. 
 
 In 140T " Scarle, on the 9th of March, resigned the Great Seal,'* 
 which was given to bishop Stafford; the very prelate who had been 
 Chancellor during the" latter years "of Richard.""' 
 
 '" I Hale's P. C, 396. site since known as Serjeants's Inn. 
 
 SI 2 Fuller's Worthies, edi. 1840, Foss's Biogr. Jurid. 
 
 PP- 353. 354; I Hale's P. C, 396; ^33 Stubbs's Const. Hist., ch. i8,p.33. 
 
 4 Bac. Abr., tit. Heresy,'^. 180, of Lend. Mr. Foss says of Edmund de Stafford: 
 
 edi. 1832 ; 3 Stubbs's Const. Hist., ch. 19, " Although a friend of King Richard, it 
 
 pp. 357, 358. is evident that he succeeded in disarm- 
 
 '* He continued, however, one of the ing the new monarch of any enmity he 
 
 King's council for the rest of his life. might indulge against him on that ac- 
 
 (Acts Privy Council i, 126-127.) He count. He attended in his place in the 
 
 received the archdeaconry of Lincoln in first parliament of Henry IV, and was 
 
 December, 1401, and died about April, one of the prelates who assented to the 
 
 1403. (Le Neve, 156.) His residence imprisonment of the deposed King." 
 
 in London was in Chancery Lane, on the Biogr. Jurid. 
 
■CH. XXII.] 1399 TO 1413. 751 
 
 During his chancellorship was Henry the Fourth's Eastern corres- 
 pondence; of which a specimen is given by Sir Henry Ellis.'* 
 Bishop Stafford was still chancellor at the end of the third and the 
 beginning of the fourth year of Henry IV. 
 
 In 1402, "on Saturday, the morrow after St. Michael, the 
 Knights and Burgesses were called by name in the Cha7icery within 
 Westminster Hall, before the Chancellor and others of the King's 
 council, and from thence adjourned until Monday after." 
 
 On Monday, the second of October, the Chancellor, in the pres- 
 ence of the King, declared the "cause of the Parliament before the 
 Lords and Commons." '^ 
 
 The sessibn ended on the 25th of November.'^ The " petitions of 
 the Commons, with their answers," include this : 
 
 No. 112. "That remedy may be had against such feoffees in trust 
 of lands or rents as do charge the same with rent-charges against the 
 wiUof thefeoifers."" 
 
 Res. " Let the King's council be advised hereof until the next par- 
 liament." 
 
 The statute of 4 Hen. IV (1402)°' has chapters whereof the twelfth, 
 twenty-second and twenty-third are retained in i ' Statutes Revised.' '' 
 The seventeenth chapter has in the margin thereof words importing 
 that " infants shall not be received into orders of friars without the 
 consent of parents " ; and that the chancellor shall have jurisdiction 
 herein." *° Another chapter is as follows : 
 
 "Where, as well in plea real as in plea personal, after judgment 
 given in the courts of our Lord the King, the parties be made to 
 come in upon grievous pain, sometime before the King himself, 
 sometime before the King's council, and sometimes to the Parliament 
 to answer there of new, to the great impoverishment of the parties 
 aforesaid and in the subversion of the common law of the land ; it is 
 ordained and established, that after judgment given in the courts of 
 our Lord the King, fhe parties and their triers shall be thereof in 
 peace until the judgment be undone by attaint or by error, if there 
 
 '*Orig. Let., 3d series, vol. i, p. S4 to »' Id., p?^24. 
 
 58. 38 2 Stat, of the Realm, p. 132, et seq. 
 
 ''Cotton's Abr., p. 415. 39 Edi. 1870, p. 272 to 275. 
 
 *> Cotton's Abr., p. 418, No. 28. *<'2 Stat, of the Realm, p. 138. 
 
752 Reign of Henry IV [tit. vi 
 
 be error, as hath been used in the times of the King's progeni- 
 tors.""' 
 
 In that parliament of 4 Hen. IV, there were two petitions of the 
 Commons to the King; which are on pages 1028 and 1029, in the 
 appendix to Mr. Sanders's recent work," and which previously to 
 that work were remarked upon in 14 Jac. i (1616), by the Attorney- 
 General Bacon and others.*' 
 
 Whether the statute of 4 H. IV, c. 22, 'be against conscience or 
 not,' is the subject of two chapters of ' Doctor and Student.' " 
 
 6. Death in 140J of the Ex-chancellor, Sir Richard le Scrope. 
 His character. 
 
 Sir Richard le Scrope died May 30, 1403, at about the age of 
 seventy -five. 
 
 " The union of such qualities as he possessed, both as a soldier 
 and a statesman, are seldom to be found in one man. Throughout 
 his long military career he was highly distinguished for his valour; 
 and the talents and sagacity he exhibited in his civil employments 
 were equally remarkable. Though connected with all the intricate- 
 proceedings of the unfortunate reign of Richard II, he steered clear 
 of the shoals on which his contemporaries stranded, and preserving 
 the esteem of all classes to the close of his life, he well deserved the 
 character which Walsingham gives him, that he was a man who had ' 
 not his fellow in the whole realm for prudence and integrity."*" 
 
 "/i/., p. 142. It is here numbered 23 H. VIII — dialogue wise between a. 
 
 23, and it (c. 23) is remarked on in Doctor of Divinity and a Student of the 
 
 2 Reeve's Hist, of Eng. Law, ch. 18, Common Law." He adds, " the author's 
 
 edi. , 1869, p. 495. What have been name was St. Germin, a discreet man, 
 
 usually classed as chapters 21, 22 and and well read, I assure you, both in the 
 
 23, and how they foUoiii' in the roll, is common law and in the civil and canon 
 
 stated in notes in 2 Stat, of the Realm, laws also." Pp. xxxi, xxxii, of Preface 
 
 p. 142. to 10 Rep. 
 
 *2 Mentioned in ch. 21, | 7, p. 727 Chapters 16 to 19 of Doctor and Stu- 
 
 note. dent, are p. 52 to 67 of edi. 1721 ; p. 47 
 
 *2/i/.,pp. 96, 97; and in vol. ii, ch. 35, to 61 of edi. 1751; p. 45 to 57 of edi. 
 
 ^ 39, of this history. 1792, and edi'. 1815. 
 
 «Ch. 18 andch. 19. ' What is equity,' *Foss's 'Biogr. Jurid. His remains 
 
 and ' In what manner a man shall be were deposited in the abbey of St. 
 
 holpen by equity in the laws of England' Agatha, near Richmond, where those of 
 
 are the subjects of other chapters (ch. 16 his father rested. His will is in the 
 
 and ch. 17) in the same book, which ' Testamenta Vetusta' (i, 156). 
 Lord Coke mentions are " written in By his wife, Blanche, daughter of Sir 
 
CH. XXII.j 
 
 1399 TO I413. 
 
 753 
 
 7. In 1403 the Great Seal resigned by Bishop Stafford, and delivered 
 to Henry Beaufort, bishop of Lincoln. He opened the parlia- 
 vient of 5 Hen. IV (^140^-4). Its statute. 
 
 Edmund de Stafford, bishop of Exeter, retained the Great Seal 
 till the end of February, 1403/^ 
 
 Henry Beaufort^'' who had been educated partly at Aix-la- 
 Chapelle and partly at Queen's College, Oxford, received, in 1397, 
 the deanery of Wells, together with a prebend in the church of Lin- 
 coln, and was elected bishop of the latter see July 14, 1398, and 
 about 1399 appointed chancellor of the University of Oxford; an 
 office which he held only one year.^^ Upon Stafford's resignation. 
 
 William de la Pole, and sister of Mi- 
 chael, Earl of Suffolk, he had four sons, 
 the eldest of whom, William, after being 
 created by Richard II, in 1397, Earl of 
 Wiltshire, and in 1398 Knight of the 
 Garter, was, in 1399, beheaded with- 
 out trial, and his honours and estates for- 
 feited, as mentioned in \ 3, p. 748. The 
 second son, Roger, succeeded his father ; 
 the third, Stephen, was an adherent of 
 Richard II, but afterwards was received 
 into Henry!s confidence; and the fourth, 
 Richard, Archbishop of York, was be- 
 headed for conspiracy against Henry in 
 1405. Id. 
 
 •"That he retained the King's favour 
 is manifest from his being sheeted as a, 
 trier of petitions in several subsequent 
 pirliaments, and also as one of the 
 King's council. It is supposed that he 
 had been educaffid at the University of 
 Oxford, in the college then called Staple- 
 ton Hall, as he added two to its fellows, 
 providing estates for their support, and 
 as the name of Exeter College, which it 
 now bears, is supposed to have come 
 from him. He died Sept. 4, 1419, hav- 
 ing presided over his diocese nearly a 
 quarter of a century. His remains were 
 deposited in his own cathedral under an 
 alabaster tomb, with a rhyming Latin 
 48 
 
 inscription. Foss's Biogr. Jurid. 
 
 *' At the time of the proceedings (men- 
 tioned in ch. 20, § 27, p. 703 notj) as 
 to the children of John of Gaunt by 
 Catherine Swinford, Henry Beaufort, 
 the second son, was probably just of 
 age, as he is called ' clericus' on the 
 roll. Id. 
 
 **When, little more than a boy, he 
 formed an amatory connection with 
 Alicia, daughter of Richard, Earl of 
 Arundel, sister t(j the Archbishop of 
 Canterbury, and nearly related by mar- 
 riage to John of Gaunt, and had by her 
 a daughter named Joan. This amour 
 did not impede his future fortunes, nor 
 prevent his brother, Kiiig Henry IV, 
 from placing his own son, afterwards 
 Henry V, in the same college, under the 
 tuition of Beaufort. This was about 
 1399) when Beaufort had been appointed 
 chancellor of Oxford. While tutor, he, 
 no doubt, ingratiated himself with his 
 pupil ; he seems to have been not a very 
 severe preceptor, judging from the money 
 which he advanced to the Prince, being 
 no less than £?>2(> \y. i\d,, the whole of 
 which was repaid as soon as Henry came 
 to the throne. (Devon's Issue Roll, 329.) 
 Beaufort accompanied King Richard on 
 his expedition to Ireland, during which 
 
754 Reign of Henry IV , [tit. vi 
 
 Henry Beaufort, bishop of Lincoln, received the Great Seal as Chan- 
 cellor of England.*' 
 
 At Westminster, 5 Hen. IV (1404), Jan. 14, the Bishop of ^ 
 
 brother to the King, and Chancellor of England, in the presence 
 of the King, Lords and Commons, declared the cause of the Par- 
 liament."^' 
 
 Of the statute of this parliament'^ the tenth chapter (that justices 
 of the peace shall imprison in the common jail only) is in ' Statutes 
 Revised.' *' 
 
 8. Death in 1404. of Ex-chancellor William, of Wykeham, bishop 
 of Winchester. Observations upon his motto. His disposition 
 of his property. 
 
 William of Wykeham, bishop of Winchester, occasionally availed 
 himself, during the last two years of his life, of a bull from the pope 
 enaoling him to appoint one or more coadjutors to perform the 
 duties of his diocese when he found himself incapable. Still, how- 
 ever, he continued to transact business till within four days of his 
 death, which occurred at South Waltham on Sept. 27, 1404, when 
 he had attained the age of eighty years. 
 
 Considering there is no room for two opinions as to the meaning 
 of his motto, 'Manners makyth man,' Mr. Foss says : 
 
 "It is difficult to suppose that any one could seriously believe that 
 a person of his character intended to intimate that man's worldly 
 interests are best forwarded by elegant behaviour and general polite- 
 ness, or that he could possibly be so absurd as to hold himself up 
 as an example of the truth of the sentiment. Without raising the 
 
 Henry of Lancaster came back from his 7th, and her coronation on the 25th of 
 
 exile; and he was one of three bishops February, 1403. Foss% Biogr. Jurid. 
 
 who were with the King on his too long ^Tor his accommodation in attending 
 
 •delayed return. His indifference to the the court, the towns of ' Woltomstowe 
 
 •event, and his politic character, are shown and Old Stratford' were assigned for his 
 
 by his soon appearing in parliament and livery, and, ' pro kerbergiagio,' oi \assex- 
 
 •consenting to Richard's perpetual im- vants and horses. Id. 
 
 prisonment. He was present at the ^Lincoln should have been printed in 
 
 •earlier councils of Henry IV; and, in Cotton's Abr., 425. 
 
 1402, was sent to escort to England his ^^Jd. 
 
 second wife, Joan, of Navarre, Duchess ^'2 Stat of the Realm, p. 143 to 148. 
 
 of Brittany. The marriage was on the ^Edi. 1870, pp. 275, 276. 
 
■CH. XXII.] 1399 TO 1413. 755 
 
 question whether the advocates of this interpretation can produce a 
 single instance in which the writers of the age have used the word 
 ' manners ' in the sense they ascribe to it, it may be fairly asked — 
 looking at the obscurity of his origin (which he could not hope, and 
 which there is no evidence that he wished, to conceal) and to the 
 active industry and practical employment of his earlier years, and 
 considering the sacredness of his profession, and the frequent and 
 ostentatious use of this motto in his educational colleges — whether it 
 is not palpable that it was his intention by its adoption, to inculcate 
 the principle that a man's success and estimation, even in this world, 
 depended not on his birth, or his fortiine or his talents, but on his 
 conduct and moral worth." 
 
 His will is mentioned as a document shewing that he preserved 
 that precision and considerate pre-arrangement for which he was 
 remarkable. 
 
 " In this disposition of his property, he was merely carrying on the 
 daily practice of his life. During its whole continuance he seems to 
 have employed his riches in aiding his tenants, advancing his friends, 
 relieving the needy, and in a large and munificent hospitality, be- 
 sides assisting in the repair of churches, highways and bridges." 
 
 When the colleges which he determined to erect at Oxford and at 
 Winchester had been finished and by him liberally endowed, then he 
 landertook the reparation of his own cathedral, and did it in a mag- 
 nificent manner ; thus occupying the last ten years of his life. In 
 this cathedral he was buried, in the splendid oratory which he had 
 erected in the very place where he had been accustomed to perform 
 Jiis daily devotions in his youth." 
 
 g. Mastership of the Rolls ; held by Thomas de Stanley till i^p 2 ; by 
 Nicholas Bubbewith from 14.02 to 140J ; and by fohn Wake- 
 ring from 140J to the end of the reign 
 
 Thomas de Stanley, mentioned in ch. 20, § 26, p. 701, continued 
 Master of the Rolls till Sept., 1402, when he was superseded.^" Nich- 
 olas Bubbewith^ who succeeded him, Sept. 24, 1402, was in the office 
 
 " Foss's Biogr. Jurid. ^ Born at Menethorpe, in Yorkshire, 
 
 **It seems his offence was, that he and brought up in the neighbouring 
 
 obtained the pope's .bulls for certain township <.f Bubbewith, from which he 
 
 benefices; a pardon being granted to acquired his name. He was prebendary 
 
 him on that account. Foss's Biogr. of Hayes in the church of Exeter in 
 
 Jurid. 1396, and was collated to the archdea- 
 
756 
 
 Reign of Henry IV 
 
 [tit. VI 
 
 less than two years and a half; resigning it March 2, 1405." John 
 Wakering^^ was on that day advanced to the office, and held it 
 during the remainder of the reign.^" 
 
 10. Parliament- of October 1404. opened by Henry Beaufort, bishop 
 of J^incoln. The Great Seal resigned by him in March 140J ; 
 and delivered to Thomas Langley. He opened the parliament of 
 7 Hen. IV {1406). Its proceedings. 
 
 In 6 Hen. IV {^1404), "on Monday, the 6th of October, in the great 
 chamber within the Priory of Coventry," "the Bishop of Lincoln, 
 the King's brother, Chancellor of England, in the presence of the 
 King, Lords and Commons, declared the cause of that assembly."™ 
 
 The statute of 6 Hen. IV (1404), has four chapters; whereof the 
 second is in i 'Statutes Revised.'" 
 
 To the bisViopric of Winchester, vacant by Wykeham's death, the 
 King procured the election of Henry Beaufort; on his translation to 
 this see from that of Lincoln, he resigned the Great Seal in March, 
 1405 (6 Hen. IV).*'' Then Thomas Langley (or Longley)*^ received 
 
 conry of Dorset in 1400, to which was 
 added, in l40i,thatof Richmond, which 
 he held, however, for only two days. So 
 early as 1397 he was a clerk or master in 
 chancery, receiving petitions in parlia- 
 ment. Id. 
 
 " He was elected Bishop of London 
 May 13, 1406; translated to Salisbury 
 August 14, 1407, and to Bath and Wells 
 April I, 1408. During these changes he 
 held the office of treasurer for about two 
 years. In 1414 he was one of the pre- 
 lates sent to Rome to assist the cardinals 
 in deciding between the three candidates 
 then contending for the papal chair, when 
 the choice fell upon Martin V. While 
 on that mission he joined in inducing 
 Giovanni de Serravalli, Bishop of Fermo, 
 to undertake the translation of Dante's 
 ' Commedia' (Tiraboschi, Poes. Ital. ii, 
 46.) 
 
 He is described as discreet, provident 
 and circumspect, both in temporal and 
 spiritual affairs, and charitable and muni- 
 ficent both in nis life and the disposition 
 
 of his will. He had presided over the 
 diocese of Bath and Wells more than 
 sixteen years, when he died Octo. 27, 
 1424; he ^as buried in his chapel at 
 Wells. Id. 
 
 ^ So called from a village of that 
 name in Essex. He was one of the mas- 
 ters or clerks of the higher grade in 
 chancery; certainly in 19 Ric. H (139S), 
 when he acted as receiver of petitions to 
 parliament; and probably for sometime 
 before, as he was instituted to the valu- 
 able living of St. Benet Sherehog in 
 London in 1389. Id. 
 
 5' He became archdeacon of Canter- 
 bury in 1405, and canon of Wells in 
 1409. Id. 
 
 6" Cotton's Abr., 437. 
 
 ^'2 Stat, of the Realm, p. 148 to 150; 
 Stat. Rev. edi. 1870, pp. 276, 277. 
 
 ^''But, during the remainder of the 
 reign, he acted as one of the council. 
 Foss's Biogr. Jurid. 
 
 ^2 Descended from an honorable family 
 in Yorkshire. He studied at Cambridge,. 
 
<CH. XXII.] 1399 TO 1413. 757 
 
 it; being about a year before the Parliament of 7 Hen. IV (1405-6)." 
 This parliament adjourned from time to time. Its first session 
 tegan on Monday, the first day of March, 7 Hen. IV (1406).** Its 
 second session was from October 15 to Dec. 22. Among the pro- 
 ceedings (during this second session) are the following : 
 
 66. " The Speaker, on behalf of the Commons, requireth that the 
 Lords of the Council might be sworn to observe the articles ensuing. 
 The Archbishop of Canterbury, for himself and others, refuseth to 
 ■swear, but offereth to do what they may. The King thereupon 
 chargeth the same archbishop and others of the council, on their 
 allegiance to take the oath; who took the same accordingly. And 
 further at the same request, it is assented that all others, the King's 
 officers of his household and of all his courts should be sworn to 
 accomplish the same oath." 
 
 67. "The first that worthy councillors and officers should be 
 appointed and not to be removed without good proof" 
 
 68. "That no due grants be stayed at the Great or Privy Seal." 
 
 69. "That none about the King's person do pursue any suit or 
 ■quarrel by any other means than by the order of the common law." 
 
 70. "That no officer be appointed by any mediation contrary to 
 the laws." 
 
 74. " That two certain days in the week maybe appointed for all 
 suitors to exhibit their petitions to the King; and that some may be 
 appointed to receive and give answer to the same." 
 
 75. " That no man do prefer any bill or suit to the King on any 
 other days." 
 
 76. " That none of the council hold plea of any matter determin- 
 able at the common law." 
 
 78. " That no one of the King's council shall give comfort to any 
 suitor before determination had in full council." 
 
 79. " That no matters of council be dispatched but by full assent, 
 unless the same require great haste; in which cases word shall be 
 sent to such councillors as be absent, to the end their advice may be 
 known." 
 
 80. "The 15, 16, 17, 18, 19 and 20 articles contain that none of 
 the King's higher officers, or other under-officers or clerks of any 
 of his courts or of his household, shall take none other than their 
 
 and in his youth was a retainer of the ^Cotton's Abr., p. 451; 2 Stubbs's 
 house of Lancaster. Educated as a Const. Hist., ch. 18, p. 52. 
 priest, he was preferred in 1400 to a ^Then "in the Chamber de Pinct, 
 canonry, and, in 1401 , to the deanery of within the King's palace of Westmin- 
 York. He became keeper of the Privy ster, Thomas de Langley, clerk (Chan- 
 Seal in 1403 (Devon's Issue Roll, 298), cellor of England), declared that the 
 and retained it till March, 1405 (6 Hen. King had called the Parliament," and 
 IV). Foss's Biogr. Jurid. stated the object. Cotton's Abr., p. 451. 
 
758 Reign of Henry IV [tit. vi 
 
 accustomed fees ; nor that they do appoint any minister under them 
 to do the same." 
 
 84. "That all the King's great officers of every court and of his 
 house, shall maintain the Common Laws."*" 
 
 The statute of 7 Hen. IV (1405-6) has 18 chapters;*' whereof the. 
 first, second, third, sixth, thirteenth and fifteenth are in i ' Statutes 
 Revised.'*' 
 
 II. In 140J Chancellor Lang.ley resigned, and was succeeded by 
 Archbishop Arundel. Parliament at Gloucester. Its pro- 
 ceedings. 
 
 The parliamentary action of 1406 was followed by the resignation ** 
 of the Chancellor, Lahgley^" On the 30th of January, 1407, he was. 
 succeeded by Thomas de Arundel, now Chancellor for the fourth 
 time;" and as archbishop still active in proceedings for what he 
 called heresy." 
 
 The parliament at Gloucester, mentioned by Mr. Stubbs" as in 
 1407, and in Cotton's Abr. as in 9 H. IV, was continued from Thurs-^ 
 day, Octo. 20, until the ensuing Monday. 
 
 " On Monday, the 24th of October, the Archbishop of Canterbury^ 
 Chancellor of England, by the King's commandment, in the presence 
 of him, the Lords and Commons, declared the cause of the same 
 assembly." " 
 
 '^Cotton's Abr., pp. 456, 457. borders of Scotland. In the latter year^ 
 
 "2 Stat, of the Realm, p. 150-to 158. on June 11, he received a cardinal's hat 
 
 •^Edi. 1870, p. 277 to 282. from Pope John XXIII, yet the King's 
 
 ^3 Stubbs's Const. Hist., ch. 18, p. 59. continued confidence in him was shown 
 
 '" In the archbishopric of York he was by making him one of the executors of 
 
 elected successor of Richard Scrope, but his will. Foss's Biogr. Jurid. 
 
 the pope resisting, and the death of "2 Stubbs's Const., ch. 18, p. 59. 
 
 Bishop Skirlawe happening, he avoided '^In i St. Tr., p. 175 to 219, is "the 
 
 a contest with the papal power by ac- trial and examination of Master William 
 
 cepting the bishopric of Durham, to Thorpe for heresye before Thomas Arun- 
 
 which he was elected May 17, 1406. del, archbishop of Canterbury; 8 Hen. 
 
 After his resignation of the Great Seal, IV, A. D. 1407, written by himself; 
 
 he was frequently employed in State (I Fox's Acts and Monum. 689; Coll.. 
 
 affairs. In 1409, he had letters of pro- Eccl. Hist., 625.) 
 
 tection on going into Tuscany on the " 2 Const. Hist., ch. 18, p. 60. 
 
 King's business; in 141 1 he acted as a '* Cotton's Abr., p. 464. 
 commissioner at Hauden-Stank, on the 
 
CH. xxii.J 1399 TO 1413. 759 
 
 . " On Tuesday, the 25th of October, the Commons presented their 
 Speaker, Thomas Chawcer."'"' 
 
 Among the proceedings on Nov. 9, when the Commons came 
 before the King, is this : 
 
 16. "The said Speaker presented a bill on the behalf of Sir 
 Thomas Brook, against William Widecombe; upon the reading of 
 which, the same Speaker required judgment against the same Wil- 
 liam; whereof advice was taken, and the said William bound in 
 _^i,ooo to hear his judgment in the chancery."^^ 
 
 The statute of g Hen. IV (1407), has ten chapters." 
 
 i^. In i4og, resignation of the chancellorship by Thomas de Arun- 
 del. Who opened the parliament of I J Hen. IV (140^-16). Its 
 proceedings. A horrible execution {by burning) for so called 
 heresy. As to the part in it of the ex-chancellor and his suc- 
 cessor. 
 
 Under the appointment, in 1407, of Thomas de Arundel as chan- 
 cellor, he continued in office only till Dec. 21, 1409.'* 
 
 In the parliament at Westminster in 11 H. IV, "on Monday the 
 twenty-seventh of January" (1409-10), "being in the Quindene of 
 Hilary, for that there was then no chancellor, the Bishop of Win- 
 chester, the King's brother, in the presence of the King, Lords, and 
 Commons, declared the cause of the said Parliament.""* 
 
 ''^ Id., No. 12. Of Thomas Chaucer, "Thomas Chaucer of Ewelme, in Ox- 
 one of the worthies of Berkshire, it is fordshire, was "son of a sister of 
 said: "He was sole heir to Geffery Katherine Swinford;" and states that 
 Chaucer, that famous poet, from whom he, " a cousin of the Beauforts, was 
 he inherited fair lands at Dunnington speaker." 2 Const. Hist., ch. 18, p. 63. 
 Castle, in this county, and at Ewelme, in With this accords Green's Short Hist., 
 Oxfordshire. He married Maude, daugh- ch. 5, \ i, p. 237. 
 ter and co-heir of Sir John Burwash, by '^ Cotton's Abr., p. 465. 
 whom he had one only daughter, named "3 Stat, of the Realm, p. 159 to 161. 
 Alice, married unto William de la Pole, '*Foss's Biogr. Jurid. Mr. Stubbs 
 . Duke of Suffolk. He lieth buried under states that "Arundel found time to issue 
 a fair tomb in Ewelme church." Ac- a series of constitutions against" the 
 cording to the inscription he died Nov. Lollards "in 1409.'' 3 Const. Hist., 
 18, I434,and his wife, Matilda, April 28, ch. 19, p. 360. 
 1436. I Fuller's Worthies, edi. 1840, "Cotton's Abr., p. 470. 
 p. 152. Mr. Stubbs mentions that 
 
760 Reign of Henry IV [tit. vi 
 
 At another day, "the Commons coming before the King, presented 
 to be their Speaker Thomas Chaucer."^ 
 
 14. Upon the request of the Commons, "the King granted that 
 certain of the most learned Bishops, worthy Lords and others, shall 
 be assigned to be of his council ; and that they and all the justices 
 shall be sworn to give good counsel and upright judgment."*^- 
 
 39. " On Wednesday, the second of May, upon the earnest request 
 of the Commons, such Lords as were appointed to be of the King's 
 council were declared; all who, with the Justices, were sworn to do 
 justice: only the Prince, being one of them, for his worthiness was 
 not sworn." '^ 
 
 Wednesday, the ninth day of May, was the last day of this Par- 
 liament.*" Its statute has nine chapters.** The ninth chapter (of 
 II H. IV) was considered in 10 Jac. i.** 
 
 In 1409, or 1410,'' "a frightful execution took place under the act 
 of 1 401" (mentioned in § 4, p. 749), "and on this occasion the vic- 
 tim was a layman : John Badby,*" a tailor of the diocese of Worces- 
 ter, had been excommunicated for heresy by the bishop, and had 
 refused to abjure; he was brought before the archbishop and clergy 
 in convocation, and persisting in his refusal, was handed over to the 
 secular arm with a petition, addressed by archbishop Arundel to the 
 lords that he might not be put to death. Whether the petition were 
 a piece of mockery or not, the unfortunate man was burned; the 
 Prince of Wales being present at the execution, and making a vain 
 attempt to procure a recantation."*' 
 
 ^ Id., pp. 470, 471, ^ 10. On another seen "Proceedings against John Badby 
 page is mention of " Thomas Chawcer, for heresy, 10 Hen. IV, A. D. 1409. 
 chief butler to the King." Id., p. 476, (Fox's Acts and Monuments, p. 679)," 
 No. 73. On Saturday, the 15th of beginning thus: "In the year of our 
 March, being Palm Sunday week, at the Lord, 1409, on Sunday, being the first 
 request of the Commons the Parliament day of March, in the afternoon, the 
 was adjourned until the Quindene of examination following of one John Bad- 
 Easter then following, being the seventh by, tailor, being a layman, was made," 
 day of April, at which Quindene the &c., before Thomas Arundell, arch- 
 Parliament reassembled.'' Id., p. 471, bishop of Canterbury and others" named, 
 No. 13. among whom is " Thomas Bewford, the 
 ^' Id., p. 471, No. 14. Chancellor of England." The language 
 ''^ Id., p. 473, No. 39. of the text (within inverted commas) is 
 ^ Cotton's Abr., p. 474, No. 4. from 3 Stubbs's Const. Hist., ch. 19, 
 **2 Stat, of the Realm, p. 162 to 166. p. 361. Mr. Green says: "The prayers 
 ^Robert Scarlet's case, 12 Rep., 98. of the sufferer were taken for a recanta- 
 *^ Mentioned in 2 Fuller's Worthies, tion, and the Prince ordered the fire to 
 edi. 1840, p. 355. be plucked away ; but when the offer of 
 ^'In I State Tr.,p. 219 to 226, may be life and a pension failed to break the 
 
CH. xxii.J 1399 TO 1413. 761 
 
 IS- Thomas Beaufort made Chancellor in 1410 ; opened Parliament 
 in IS Hen. IV {141 1). 
 
 Thomas Beaufort, third and youngest son of John of Gaunt by 
 Catharine Swinford,^ is mentioned as the only lay chancellor of this 
 reign. He was selected as Archbishop Arundel's successor in the 
 chancellorship, and received the Great Seal Jan. 31, 1410.*' It is said 
 that the duties of the office were not agreeable to him, and that his 
 desire to be discharged, was refused by the King. He met the 
 Parliament at Westminster in 13 Hen. IV, "the day after All Saints" 
 (1411). 
 
 On that day, being Nov. 3, "the Commons were called in the 
 presence of the Steward of the King's House." — " Thomas Beau- 
 ford, the King's brother, and Chancellor of England," "continued 
 the same' Parliament until the Wednesday following.'' 
 
 Then "the said Chancellor by the King's commandment, in his 
 presence and in the presence of all the Lords and Commons, de- 
 clared" the causes for which " the Parliament was called." 
 
 On Tuesday, the fifth of November, the Commons presented be- 
 fore the King and Lords Thomas Chaucer, to be their speaker."*" 
 
 The Statute of 13 Hen. IV (141 1) has seven chapters," whereof 
 the seventh is in i 'Statutes Revised."^ 
 
 14. What was received by Sir Thomas Beaufort in his chancellor- 
 ship ; when he retired from it ; and when Thomas de Arundel 
 was re-appointed to it. His reputation. What was agreed in 
 13 HIV. 
 
 Sir Thomas Beaufort, during his chancellorship, " had a grant of 
 
 spirit of the Lollard, Henry pitilessly low Castle, and received ;^88. iSj. dd. 
 
 bade him be hurled back to his doom." for wages of himself and his garrison to 
 
 Short Hist., ch. 6, § 6, p. 279; Hist, of resist the invasion of rebels there. He 
 
 Engl. Peop., book 4, ch. 5, vol. i, was, in 1403, appointed admiral of the 
 
 pp. 535, 536. fleet towards the north, and held the 
 
 ^In 1397, at the time of proceedings office for many years. In 9 Hen. IV he 
 
 mentioned in ch. 20, \ 27, p. 703, he was made captain of Calais. Foss's 
 
 was a minor, being called ' domicellus' Biogr. Jurid. 
 
 in the record. Two years afterwards *' Id. 
 
 he received a grant from the King of '"Cotton's Abr., p. 478. 
 
 the Castle and town of Castle Acre, in si 2 Stat, of the Realm, p. 166 to 169. 
 
 Norfolk. In 1402 he was custos of Lud- '^ P. 282 to 284 of edi. 1870. 
 
762 Reign of Henry IV. [tit. vr 
 
 800 marks per annum, besides the accustomed fee.'' After nearly 
 two years of service therein he was allowed to retire Jan. 5, 1412.'' 
 Thomas de Arundel was then restored to the chancellorship; and 
 held it till the King's death. 
 
 He held " the highest judicial office of the realm no less than five 
 times, the aggregate extent of his tenure being eleven years and 
 about eight months out of twenty-six years and a half from his first 
 appointment." This is "evidence to shew that he must have been a 
 man of great vigour and capacity for business; and he left a high 
 reputation as well for learning and intelligence as for personal cour- 
 age.'"* 
 
 Mr. Stubbs is speaking of " intelligent knowledge of the needs of 
 of the nation," when he says 
 
 "The highest intelligence, on the whole," "is plainly seen to be 
 Arundel's, and next to his, although in opposition for the time, that 
 of the Prince of Wales."'" 
 
 "It is agreed in 13 Hen. IV, and other books, that the King may 
 charge the subject for murage of a town, to which the subjects were 
 charged in the time of insurrection or war for safety; and so for pont- 
 age; for this, that he which is charged hath benefit by it."''' 
 
 15. Character of Henry the Fourth. Scene in his last illness. 
 When he died. 
 
 Henry "outlived his early popularity; he was for years a miser- 
 able invalid; yet he reigned as a constitutional King; he. governed 
 by the help of his Parliament, with the Executive, aid of a council, 
 over which Parliament bottl claimed and exercised controul. Never 
 before, and never again, for two hundred years, were the Commons 
 so strong as they were under Henry IV."" 
 
 "After a very dangerous attack" "at Christmas, 141 2, he rallied, 
 and even called his Parliament to meet on the 3d of February." 
 Members " met on that day, but it is not certain that" the Parliament 
 "was formally opened ; no record of its action is preserved."'^ 
 
 In this last illness of Henry the Fourth is placed a scene between 
 him and his son; as to which, a statement by the contemporary 
 
 s^Foss's Biogr. Jurid. On July 5, ^^ 12 Rep., 12. 
 
 1412, he was created Earl of Dorset. Id. ''3 Stubbs's Const. Hist, ch. l8> 
 
 ^Id. pp. 71, 72. 
 
 «5 3 Stubbs's Const. Hist., ch. 18, p. 72. ^^ Id., 70. 
 
CH. XXIII.] 
 
 I413 TO 1422. 
 
 76a 
 
 French historian, Monstrelet, '' may, to many, be less familiar than 
 Shakspeare's interesting picture.'"" The King died in March, on the 
 20th, and was buried in Canterbury near his uncle, the Black Prince.'"'^ 
 
 CHAPTER XXIIl. 
 
 INSTITUTIONS IN THE REIGN OF HENRY V- 
 
 TO 1422. 
 
 -1413 
 
 I. Henry Beaufort, bishop of Winchester, made chajicellor. After 
 the King's coronation, the chancellor opened parliament. Its 
 statute. 
 
 Henry, called Henry of Monmouth, from the place of his birth, 
 and educated at Queen's College, Oxford, under the eye of his uncle, 
 Henry Beaufort, the Bishop of Winchester, was, immediately after 
 his father's death, in 1413, proclaimed King by the name of Henry 
 the fifth.' On his accession he appointed that uncle his chancellor.^ 
 
 ''The King's attendant not perceiving 
 him to breathe, concluded he was dead, 
 and covered his face with a cloth. The 
 crown was then upon a cushion near the 
 bed. The Prince, believing his father's 
 death, took away the crown. Shortly 
 after the King uttered a groan and 
 revived, and missing his crown sent for 
 his son, and asked why he had removed 
 it. The Prince mentioned his suppo- 
 sition that his father had died. The 
 King gave a deep sigh and said, • My 
 fair son, what right have you to it, you 
 knew I had none.' ' My Lord,' replied 
 Henry, ' as you have held it by right of 
 your sword, it is my intent to hold and 
 defend it the same, during my life.' 
 V. 3, p. 137-139- This and Walsing- 
 
 ham's words in the Sloane MS. are cited 
 in 2 Turner's Engl., 2d edi. (1825),. 
 ch. 7, pp.,361, 362, ch. 8, pp. 379, 380. 
 
 i"" In King Henry IV, part ii, act iv, 
 scene iv, p. 84, et seq. of vol. 5, Lond. 
 edi. 1833. 
 
 1°' I . That his death was, on the " zotk 
 of March, 1413, in the 46th year of his 
 age," is stated in 5 CoUyer's Engl.,, 
 p. 27, and not questioned in 2 Hume's 
 Engl., ch. 18, p. 342. That he "ex- 
 pired on the igth of March, 1413, is 
 stated in 4 Lingard's Engl., ch. 4, p. 321. 
 The statement in the text is according ta 
 3 Stubbs's Const. Hist., ch. 18, p. 70. 
 
 ' 5 CoUyer's Engl., ch. 3, p. 30. 
 
 2 Foss's Biogr. Jurid. ; 3 Stubbs's 
 Const. Hist., ch. 18, p. 76. 
 
764 Reign of Henry V [tit. vi 
 
 Henry was crowned on the gth of April.' On the 15th of May* 
 the chancellor, " by the King's commandment, uttered the cause of 
 the Parliament."" Its statute has ten chapters;" whereof the fifth and 
 seventh are in i ' Statutes Revised.' ' 
 
 2. Of the ex chancellor, Thomas de Arundel, Archbishop of Canter- 
 bury ; his death in February, 141 4. 
 
 After the accession of Henry V, Arundel renewed his attack on 
 the Lollards: Sir John Oldcastle (Lord Cobham) was tried, con- 
 demned and now "allowed to escape from prison."^ The archbishop 
 died at the rectory of Hackyngton on Feb. 20, 1413-14, at the age 
 of 62." 
 
 J. In 2 H. V (^1414) Parliament opened by the Chancellor. Its pro- 
 ceedings ; especially as to a conveyance tcP defraud creditors. 
 Under one of its statutes cruel executions for heresy. One of 
 those burnt was Sir fohn Oldcastle, Lord Cobham. 
 
 In 2 H. V, on " Monday, in the Octaves of St. Martin " (Novem- 
 ber,'" 1414), "the Bishop of Winchester, the King's uncle and Chan- 
 cellor of England," opened the Parliament." 
 
 On "the second day of the Parliament, the Commons presented 
 before the King and the Lords Thomas Chaucer, Esq., to be their 
 Speaker."" 
 
 '5 CoUyer's Engl., 31. evidehce of the estimation in which he 
 
 *"The King, sitting in his chair of was held." To the day on which sen- 
 Estate, then attending upon him the tence was pronounced against Oldcastle, 
 Bishops, Lords and Commons." Cot- the superstition of the town traced the 
 ton's Abr., pp. 533, 534. • commencement of that inflammation of 
 
 " Id. the throat, which increasing, so as to pre- 
 
 « The Statute of i Hen. V is in 2 Stat. vent his taking nutriment, caused his 
 
 of the Realm, p. 170 to 174. death. He was buried in Canterbury 
 
 'Edi. 1870, p. 285 to 287. Cathedral. Foss's Biogr. Jurid. 
 
 81 State Tr., 252, 253; 3 Stubbs's "Cotton's Abr., p. 538. The feast of 
 
 Const. Hist., ch. 18, p. 79 and p. 81, St. Martin, Bishop and Confessor, was 
 
 ■ch. 19, p. 361. November 11; it had an Octave; that 
 
 ' His liberality to the three cathedrals is, was celebrated a second time in the 
 
 over which he presided is mentioned, week following. 
 
 as showing that a love of money was ^'The King sitting in his chair of 
 
 not one of his vices. " Some Latin Estate, in the Chamber de Pinct, within 
 
 verses ' in his grace and commendation,' his palace of Westminster. Id. 
 
 quoted by Weever (226), are cited as " Id., p. 539, No. 10. 
 
CH. XXIII.] 
 
 I413 TO 1422. 
 
 76^ 
 
 After other matters, in some of which Chaucer seems to have been 
 interested," there were the following proceedings as to a conveyance 
 to defraud creditors: 
 
 "John Chadworth and other citizens of London, the creditors of 
 WilHam Vennor, a Londoner, who, upon collusion to defraud his 
 creditors, had conveyed away his lands, pray execution of the same 
 lands for certain years, according to the statute made in R. IL" 
 
 Resp. Upon recovering against the said William, by due order of 
 law, after the said William hath appeared in person, or by attorney, 
 execution of his lands shall be awarded."" 
 
 The first statute of 2 Hen. V (1414) has nine chapters;'^ whereof 
 the first, second, third, fourth and eighth are in i ' Statutes Revised.' ^° 
 There are other statutes of the same year," whereof 'Statute the 
 second,' ch. i, is in i 'Statutes Revised."* After comparing the act 
 of 1401 with that of 1414, Mr. Stubbs observes of the latter, "This is 
 the last statute against the Lollards, and under it most of the cruel 
 executions of the fifteenth and sixteenth centuries were perpetrated."'* 
 Mr. Green says : 
 
 " A conviction of heresy was made to entail forfeiture of blood 
 and estate; and the execution of thirty- nine prominent Lollards as 
 traitors gave terrible earnest of the King's resolve to suppress their 
 sect. Oldcastle escaped, and for four years longer strove to rouse 
 revolt after revolt. He was at last captured on the Welsh border 
 and burned' as a heretic."^" 
 
 1' " Thomas Chawcer, Esq., chief but- 
 ler to the King, prayeth that the execu- 
 tors of H. IV, as in i H. V, may appear, 
 and might pay to him £%(i% for wine 
 taken up for the King, and due to him 
 upon tallies; whereto the King grant- 
 eth." Id., p. S40, No. 18. 
 
 " At the petition of Thomas Chawcer, 
 Esq., the King, by common assent, 
 affirmeth to him .all letters patents to 
 him granted by John, Duke of Lan- 
 caster, King R. II, or H. IV, and of 
 this King; albeit, those letters patents 
 make no express mention of the value 
 thereof." Id,, No. 20. 
 
 " The like request and answer is mad^ 
 to Mark le Fair for £/^co, as is before, to 
 Chaucer, tit. 18." Id., No. 22. 
 
 "/</., p. 540, No. 21. 
 
 1^2 Stat, of the Realm, p. 175 to 187. 
 
 i^Edi. 1870, p. 287 to 296. 
 
 "2_ Stat, of the Realm, pp. 189, 190. 
 
 '^Edi. 1870, p. 297. 
 
 ''3 Const. Hist., ch. 19, p. 363. 
 
 2" Green's Hist, of Engl. Peop., book 
 4, ch. 5, vol. I, pp. 539, 540. A "brief 
 chronicle concerning, the examination 
 and death of the blessed martyr of Christ, 
 Sir Johan Oldcastell, the Lord Cobham 
 collected together by Johan Bale," was 
 printed in a pamplet in 1544, and is re- 
 printed in I Harl. Miscel., edi. 1808, 
 p. 246 to 286. An account of " the lat- 
 ter imprisoning and death of the Lord 
 Cobham" is in i State Tr., p. 254. 
 
 "I 
 
KG Reign of Henry V [tit. vi 
 
 ^. Parliaments in November, 1415 ; o-nd in March, i<:f.i^-i6. Each 
 opened by the Chancellor. Proceedings as to Chancery matters. 
 
 A parliament was holden at Westminster m 3 Hen. V (1415), on 
 "the Monday nfext after the feast of All Saints";" which feast was 
 November i. To this Parliament the Chancellor had the satisfaction 
 of announcing the victory of Agincourt.'"' 
 
 The same Chancellor opened Parliament in 3 Henry V, in March 
 1415-6, on the sixth"^ or the sixteenth."^ It was prorogued from the 
 8th of April unto " Monday in the third week after Easter." ^ After 
 the recess was the following proceeding for amending a record: 
 
 27. "Alexander Meringe sheweth how he recovered, by his assize, 
 certain lands in little Martham, Tuxford, Milton and Bevercot, against 
 John Tuxford and Katherine, his wife, before Robert Thurwitt, and 
 how by the mistaking of the clerk, contrary to verdict found, the dis- 
 seisin was entered to be done after the assize brought; whereby no 
 judgment could be given. He therefore requireth that the misprison 
 of the clerk might be amended, and that the justices might proceed to 
 judgment. Whereupon, it was enacted, that the justices, in the 
 presence of the Chancellor, should amend the record in the same 
 only point." '* 
 
 The following are among the "petitions of the Commons, with 
 their answers " : 
 
 44. " Robert Penney and Joane, his wife, as in the right of Joane, 
 cousin, and heir of Giles Norman, complain, for that Sir Thomas 
 Skelton, Knight, had by subtle means, in an assize, recovered against 
 them the manors of West Addorleigh and Sherle, in Southampton, 
 and Soulfield Loveras in the county of Wilts; they therefore pray 
 remedy." 
 
 Resp. " The plaintiffs shall have remedy by the King and such 
 others as he shall call to him." 
 
 45. "John Brampton, of Beverley, merchant, complaineth of John 
 
 '^ The Statute of this Parliament is in /d., pp. 544, 545, No. 9. 
 
 2 Stat, of the Realm, p. 191. ^^/a'., p. 545, Nos. 12 and 13. 
 
 22Foss's Biogr. Jurid. 26 Cotton's Abr., p. 545, No. 17; at 
 
 ^2 Stat, of the Realm, 192. the end whereof are these words: "A 
 
 '* Cotton's Abr., p. 544. On Wed- judgment very necessary, and yet hardly 
 
 ■nesday, the third day of the Parliament, seen, worthy, therefore, to be well 
 
 the Commons "presented Sir Walter marked." Id. 
 
 Beauchamp, Knight, to be their speaker." 
 
■CH. XXIII.] 1413 TO 1422. 767 
 
 Hay ton and others for lying in wait to murder him, and prayeth 
 writs out of the Chancery, of the peace; which were granted.'"" 
 
 46. " That all writs of subpcena and certis de causis going out of 
 the Chancery and Exchequer, may be controuled, and not granted of 
 matters determinable at the common law, on pain that the plaintiff 
 ■do pay by way of debt to the defendant ;^40." 
 
 Resp. "The King will be advised."^ 
 
 49. "John Sharpe, owner of a ship called the Christopher, of Hull, 
 complaining, sheweth, how that the same Christopher, at Bordeaux, 
 was appointed to be one of the admirals of the English navy, then 
 bound for England, and how that all the English masters were sworn 
 before the chief officers of Bordeaux not to depart or leave the said 
 admiral until they came to England, and how, by doing the contrary 
 the said ship, fully freighted, was taken by the enemy : for the which 
 ship and goods he requireth recompense of all the other ships." 
 
 Resp. " The Chancellor, by the advice of three of the Justices, 
 shall have power to«take order therein."^ 
 
 Statutes of this Parliament are in the printed volumes.'" 
 
 J". Masters of the Rolls: John Wakering till June 3, 1415 ; then 
 Simon GaMnstede till the end of the reign. 
 
 John Wakering (mentioned in ch. 22, § 9, p. 756,) was, at the 
 accession of Henry V, in the office of Master of the Rolls, but on 
 June 3, 1415, exchanged this office for another.'^ On the same day 
 Simon Gaunstede^'^ succeeded him as Master of the Rolls.'' 
 
 On the Chancellor's going to France, the Great Seal was left with 
 Simon Gaunstede from Sept. 5 to Octo. 12, 1416. 
 
 "Cotton's Abr., p. 548. the part of England in 1417 to attend 
 
 28 Cotton's Abr., p. 548. Rot. Pari. 3 the council' of Constance, and is said to 
 H. V, Nu. 46, is cited in 4 Inst., 83. have gained the applause of the assembly 
 The petition is in I Campbell's Lives of by his learning and wisdom. Foss's 
 Chancellors, ch. 19; stated more fully in Biogr. Jurid. 
 
 edi. 2 (1846), pp. 325, 326, than in Bos- '^Was in holy orders, and connected 
 
 ton edi, 1874, p. 307. with the court as early as 9 Ric. II 
 
 29 Cotton's Abr., pp. 548, 549. (1386), when his name is attached to 
 ™2 Stat, of the Realm, p. 102; the confederation with the King of Cas- 
 
 I ' Statutes Revised,' edi. 1870, p. 297. tile. Throughout the reign of Henry 
 
 '1 That of keeper of the Privy Seal. IV, he is mentioned as one of the clerks 
 
 (Kal. ■ Exch. ii, 130-2.) Next year he of the chancery. (Rymer vii, 515, 809.) 
 
 was elected Bishop of Norwich. He Id. 
 was one of six ecclesiastics, selected on ^ Id. 
 
768 Reign of Henry V [tit. vr 
 
 6. In 4 Hen. j {1416), Parliament opened by the Chancellor. The 
 ^ ex-chancellor, Thomas Beaufort, Earl of Dorset, elevated to a 
 higher dignity. Proceedings in judicial matters. 
 
 In the Parliament of 4 Henry V, on October 19, 1416," "the 
 Bishop of Winchester, the King's uncle and Chancellor of England," ^^ 
 declared the King's will.'" 
 
 "On Wednesday, the eighteenth of November, being the last day 
 of the Parliament, the King sitting in his royal estate in full, Par- 
 liament created Thomas Beauford,^'' Earl of Dorset, to be Earl" (or 
 Duke) " of Exeter, after which the King commandeth him to sit in 
 Parliament according to his estate." 
 
 15. "Robert Whittington, Esq.,. and Ony, his son. complaining, 
 show how that certain of the servants of Richard Oldcastle, Esq., 
 and the borderers of Wales, by durance of imprisonment, enforced 
 the said Robert to release to the said Richard and Walter Hakelnyt, 
 Esq., all manner of actions ; for all which they pray refnedy." 
 
 Resp. The King's council shall have power to call the parties 
 before them and to end the same." 
 
 17. "Johji Allen and others, merchants of Coventry, pray restitu- 
 tion of 600 marks of old coin put into the hands of Richard Garmer, 
 late master of the mint within the Tower of London, to be newly 
 coined, for that all the goods of the said Richard were seized to the 
 King's use by the Earl of Arundell, Treasurer of England. 
 
 ^* " The King sitting in his chair of brave knight and a wise commander. 
 
 Estate, in the Chamber de Pinct, within In the first year of that reign he was 
 
 his palace of Westminster.'' Cotton's made lieutenant of Acquitaine. He 
 
 Abr., p. 549, No. i. next was appointed governor of Har- 
 
 35<<By the King's commandment, in fleur, on its surrender to the English ; and 
 
 the presence of him the Lords and Com- after the battle of Agincourt, October 
 
 mons."' Id. 25, 1415, in which he commanded the 
 
 ^ Id. " On Wednesday, the third day rear of the forces, he was constituted 
 
 of the Parliament, the Commons coming lieutenant of Normandy." After men- 
 
 before the King and Lords, presented tioning his being raised to the title of 
 
 Roger Flower to be their spealier." Dulte of Exeter, Mr. Foss says he was 
 
 /<^., p. 550, No. 8. "also made a Knight of the Garter. 
 
 "Speaking of this ex chancellor, after Scarcely a year of Henry's reign was 
 the period when he had resigned the unmarked by his prowess, either in Scot- 
 Great Seal, and been created Earl of land or in France. In all of these 
 Dorset, Mr. Foss says : " During the encounters he was victorious, except in 
 remainder of his life he devoted himself the battle of Anjou on April 3, 1421, 
 to pursuits more congenial to his taste when the Duke of Clarence was killed, 
 than the law, distinguishing himself to and he was unfortunately taken prisoner.'' 
 the last, in the wars of Henry V, as a Biogr. Jurid. 
 
CH. xxiii.J 1413 TO 1422. 769 
 
 Resp. "Upon proof hereof before the council they shall see the 
 same paid, so far as the goods will extend.'"' 
 
 The Statute of this Parliament (of Octo., 141 6,) has eight chap- 
 ters.*' 
 
 7. Certain ordinances regarded by Mr. Stubbs as the basis of the 
 English law of admiralty. The Great Seal resigned by Henry 
 Beaufort in fuly, 14.17. Thomas Langley, bishop of Durham, 
 again made Chancellor. He opened the parliament of 5 Hen. V 
 {1417). Its proceedings. 
 
 After mentioning ships, barges and balingers, whereof the King 
 was possessed in Feb. 141 7, Mr. Stubbs says : 
 
 " Following the example of Richard I, he issued ordinances for the 
 fleets and armies, which may, far more safely than earlier fragments 
 of legislation, be regarded as the basis of the English law of the 
 admiralty, and as no unimportant contribution to international juris- 
 prudence." *" 
 
 "Just previous to the King's next expedition into France, for the 
 support of which '' Henry Beaufort "had advanced him the sum of 
 ;^i4,ooo, secured on certain duties, and for the repayment of which 
 a golden crown was deposited with him as a pledge on July 18, 1417 
 (Rot. Pari, iv, iii), the Great Seal was resigned by Beaufort on the 
 23d of that month."" 
 
 Thomas Langley (bishop of Durham) who soon after the acces- 
 sion of Henry V, was sent as one of the ambassadors to the King of 
 France,*" was, in 1417, July 23, raised a second time to the office of 
 chancellor ; and he retained it to the end of the reign.*' 
 
 ^Cotton's Abr., p. 551. November following, the new pope" 
 
 ''In 2 Stat, of the Realm, p. 196 to (Martin V) "named the bishop cardinal 
 
 200. and apostolic legate in England, Ireland 
 
 ^''3 Const. Hist., ch. 18, p. 88. and Wales; but by the remonstrances of 
 
 « " When he obtained a grant of par- Archbishop Chichely, who considered 
 
 lion for all crimes and offences. (Ry- this an encroachment on his authority, 
 
 mer ix, 471.) The apparent cause of the King forbade him to accept the dig- 
 
 this retirement was to undertake a pil- nity. From Constance, the bishop pro- 
 
 grimage to the Holy Land; but the ceeded on his pilgrimage to Jerusalem." 
 
 probable one was to proceed to the Coun- Biogr. Jurid* 
 
 cil of Constance, then sitting, for the *2«-vVith whom a truce for one year 
 
 purpose of settling the claims of three was concluded." Foss's Biogr. Jurid. 
 contending popes, and of arranging cer- *' Id. 
 
 tain reformations in the church."^" In 
 49 
 
770 
 
 Reign of Henry V [tit. vi 
 
 The Duke of Bedford stayed at home as the King's Heutenant." 
 The King was in camp before Rouen in 141 7, when he wrote to his 
 Privy Council the letter of October 21, published by Sir Henry 
 Ellis.*= 
 
 In the Parliament of 5 Hen. V, on Nov. 16 (1417),'"' the Bishop of 
 Durham, the Chancellor of England, declared "the King's will."" 
 
 John Martin, William Babington, William Poole, Williain Wes- 
 burie,John Fame and Thomas Ralfe, apprentices at the law, and 
 Serjeants appointed, had refused the same, where, upon the charge of 
 the Warden of England, they took the same upon them."*^ 
 
 An ordinance of 5 Hen. V (1417-18), is in 'Statutes of the 
 Realm.' ^^ 
 
 8. Chancellor Langley opened the Parliainent of 7 Hen. V{^i^g). 
 In 1320, in June, the King married in France ; in December 
 Parliament opened before his return. Eriactment that it was 
 not dissolved by, but might proceed after, the King's return. 
 
 In the Parliament of 7 Hen. V, on "the sixteenth day of October" 
 C1419), "the bishop of Duresm,^" Chancellor of England, before the 
 Duke of Bedford, Warden of England,"*^ again delivered a dis- 
 course, and willed the Commons to choose their Speaker.^^ 
 
 "2 Inst., 26; 3 Stubbs's Const. Hist., became Chief Baron of the Exchequer 
 
 ch. 18, p. 89. Nov. 4, 1319. William Westbury was 
 
 **Orig. Let., 3d series, vol. I, p. 61 placed in the court of King's Bench 
 
 to 63. Feb. 6, 1326. Foss's Biogr. Jurid. 
 
 '""In the presence of the puissant *'Vol. 2, p. 2CX). 
 
 Prince, John, Duke of Bedford, brother 5" So printed in Cotton's Abr., p. 556. 
 
 and lieutenant to the King and warden A letter written by the King in 1418, 
 
 of England, sitting in the Chamber de from 'beside our town of Faloise,' to 
 
 Pinct in the palace of Westminster. Cot- the Bishop of Durham, his Chancellor, 
 
 ton's Abr., p. 553. is in Orig. Let. (published by Sir H. 
 
 *"'In the presence of him, the Lords Ellis), 3d series, vol. 1, pp. 63, 64. 
 
 and Commons." Id. "The third day s'" Sitting in the Chamber de Pinct, 
 
 of the Parliament the Commons pre- in the Palace of Westminster, and before 
 
 sented before the said warden and the Lords and Commons." Cotton's 
 
 lords Roger Flower, Esq., to be their Abr., p. 556. 
 
 speaker." Id. ^^Id. "On Tuesday, the second day 
 
 ** Cotton's Abr., p. 553, No. 10. yoin of the Parliament, T:he Commons pre- 
 
 Martyn had not worn the coif long sented before the King and Lords Roger 
 
 before he was raised to the bench of the Fowler, Esq., to be their speaker." Id., 
 
 Common Pleas. William Babington p. 557, No. 7. 
 
CH. XXIII.] 1413 TO 1422. 771 
 
 The statute of this parliament of 7 Hen. V, is in ' Statutes of the 
 Realm.' ^' 
 
 In 1420 Henry was betrothed to Katharine of Troyes, May 21; 
 and wedded to her there in the parish church June 2d (or 3d)." 
 His campaign in France did not immediately cease."^ 
 
 " The parliament of December, 1420, in which the Duke of Glou- 
 cester^^ represented the King, was held in daily expectation of his 
 return." — " A pressing invitation was sent for the King and his bride 
 to visit England. Henry was glad enough to return."" 
 
 Early in 142 1, the King and Queen were escorted to Calais to 
 embark for England; they landed in February ;^^ on the 24th she 
 was crowned in Westminster Abbey.*' 
 
 "A great question arose whether if the King's lieutenant, or 
 keeper of his kingdom, under his teste, doth summon a parliament, 
 the king being beyond sea, and in the meantime the king return into 
 England, whether the parliament so summoned might proceed; it 
 was doubted that in pr essentia majoris, cessare potestas minoris, and 
 therefore it was enacted that the parliament should proceed and not 
 be dissolved by- the king's return."™ 
 
 The enactment is in the first chapter of the statute of 8 Hen. V 
 .(1420)." 
 
 ^Vol. 2, pp. 201, 202. ix, 830. 
 
 "2 Turner's Engl., ch. 9, edi. 1825, ^I'T'he Parliament opened Dec. 2; 
 
 p. 446; Miss Strickland's Queens of Roger Hunt was speaker. 3 Stubbs, 
 
 -Engl., vol. 3, p. 83 and p. 98 of Phila. p. 90, note 4; citing Rot. Pari. IV, 123. 
 
 edi. 1857. Katharine was sister of Isa- 58 y^\^ Strickland's Queens of Eng- 
 
 bella, the young widow of Richard II. land, vol. 3, pp. 100, loi; 3 Stubbs, 
 
 Id. 
 
 p. 90. 
 
 """With his beautiful bride," he, in 69 2 Turner's Engl., ch. 9, edi. 1825, 
 
 two days, " departed from Troyes, to pp. 446, 447. Turner gives an account 
 
 assume the command at the siege of of ' a sumptuous dinner in the hall.' 
 
 Sens." Their Christmas was spent at Ibid. 
 
 Paris. Id., p. 98 to loi. "^2. Inst., 26. 
 
 =^3 Stubbs's Const. Hist.,ch. 18, p. go. "ig stat. of the Realm, p. 203. The 
 
 Gloucester was made lieutenant Dec. 30, same statute has eleven other chapters, 
 
 •1419, when Bedford joined the King in extending to p. 209. 
 Jformandy. Id., note 3 ; citing Rymer 
 
772 Reign of Henry V [tit. vr 
 
 9. Whether there was a new parliament in May 1421. Henry 
 returned in June to France. In his absence there was a par- 
 liament in Dec. 1421. Its action in a suit as to a feoffment' 
 in trust. Whether, if there be remedy at the common law, the 
 fnatter shall be discharged in the chancery. A Prince born in 
 Dec. 142 1 ; the King died in Aug. 1422. Of his adminis- 
 tration. 
 
 It may be that although the parliament in session when the King^ 
 returned to England was not dissolved but did afterwards proceed 
 for a time, yet that a new parliament was called, and met in the 
 spring of 142 1. If so, then what is said in the preceding section is 
 consistent with Mr. Stubbs's statement that Henry " after having the 
 Queen crowned and making a great progress through the country, 
 on the 2d of May opened parliament in person." °^ 
 
 Henry hurried to France in June (1421), leaving his Queen in the 
 Duke of Bedford's care."' He wrote to the Bishop of Durham fronii 
 the castle of Tonque, August 12;** from the town of Caen, Sept. 
 25;*° and from beside Meaux, October 29, 1321."" 
 
 In the Parliament of 9 Hen. V, the first day of December (1321),. 
 the bishop of Durham, Chancellor of England, in the presence of 
 John, Duke of Bedford, pronounced touching the Parliament.*' 
 
 "William, lord of Clinton, of Say, complaining, sheweth, how he 
 in trust enfeoffed William de la Pool, being of his council learned, 
 of all his lands in England and Calais, to the performance of his will, 
 which the said Pool, upon sundry his requests, refused to perform,. 
 
 ^* 3 Stubbs's Const. Hist., ch. 18, p. go. with the Scots this winter, of 1321-2, 
 
 In a note Mr. Stubbs mentions that " the that his uncle of Exeter might come to 
 
 Parliament of 1421 opened May 2," and him with good help. Id., pp. 74, 75. 
 that "Thomas Chaucer was speaker;" ^^To provide the Queen's physician, 
 
 citing Rot. Pari, iv, 129, with some benefice. Id., p. 71. 
 
 ^Miss Strickland's Queens of Eng- ^'Cotton's Abr., p. 559. On Wednes- 
 
 land, vol. 3, p. 104. day, the third day of the Parliament, the- 
 
 *'Orig. Letters (published by Sir H.' Commons presented before the Lieu- 
 Ellis), 3d series, vol. I, p. 72 to 74. tenant of England and the Lords 
 
 ^»To the Bishop of Durham, express- Richard Baynard, to be their speaker. "^ 
 
 ing a desire if there should be a truce Id., No. 9. 
 
'CH. xxiii.] 1413 TO 1422. 773 
 
 •and prayeth remedy ; where, upon full proof of the surmise afore- 
 Scdd, it was enacted, Pool being present, that he should re-enfeoff the 
 said Lord or whom he would, and their heirs forever discharged of 
 ■all incumbrances, done by the said Pool ; the which Pool did, in open 
 Parliament, in two deeds there enrolled." °* 
 
 The "petitions of the Commons, with their answers," embrace the 
 "ibllowing : 
 
 No. 25. "That the exception how that the party hath sufficient 
 remedy at the Common law, shall discharge any matter in the chan- 
 "Cery." 
 
 " It is enacted to endure unto the next Parliament." ^^ 
 
 On this subject nothing appears in the statute of this parliament as 
 printed in the volume of statutes.™ • 
 
 In 1321, "on the 6th of December," "Henry of Windsor was 
 born. In May" (1322), "the Queen joined her husband; on the 
 .31st of August he died," "at the castle of Bois de Vincennes, near 
 Paris," in the 34th year of his age." 
 
 It has been said that his care in maintaining justice zw his civil 
 administration, and preserving discipline in his armies, make some 
 amends to both nations " (English and French), " for the calamities 
 inseparable from those wars in which his short reign was almost 
 -entirely occupied."" 
 
 But "a people speedily unlearns compassion, and even justice, to 
 those pronounced by the lawgiver to be undeserving of trust. In 
 the reigns of both the Henries considerable numbers suffered death. 
 5ir John Oldcastle, Lord Cobhani, was the most conspicuous of the 
 
 ^ Cotton's Abr., pp. 559, 560. Her second husband was Sir Owen 
 
 *^7r/., pp. 560, 561. Rot. Par., 9 H. V, Tudor, a Welsh gentleman, said to be 
 
 Nu. 25, is cited in 4 Inst., 83. descended from the ancient Princes of 
 
 ™ 2 Stat, of the Realm, p. 209 to 212. that countiy. Of her two sons, the 
 
 Its fourth cHapter is in i ' Statutes Re- eldest, Edmund, was created Earl of 
 
 vised,' edi. 1870, pp. 298, 299. Richmond, the second Earl of Pem- 
 
 "His body was conveyed to Paris broke; 5 Collyer'sEngl.,ed. i77S,pp. 66, 
 
 and Rouen, and from Rouen to Calais, 67; 2 Hume's Engl., pp. 370, 371, of 
 
 whence it was transported to England. N. Y. edi. 1850; 2 Turner's Engl., book 
 
 The obsequies were performed in pres- 3, ch. 1, vol. 2d, edi. 1825, p. 465; 5 
 
 ence of Parliament, first in St. Paul's, Lingard's Engl., ch. i, p. 4810 50'; Miss 
 
 and then in Westminster Abbey. The Strickland's Queens of Engl., vol. 3, 
 
 interment was near the shrine of Ed- p. 108, et seg., of Phila. edi. 1857; 
 
 ward, the Confessor. On his tomb the 3 Stubbs's Const. Hist., ch. 18, p. 92. 
 
 Queen caused to be laid a statue of '^ 2 Hume's Engl., ch. 19, p. 370, of 
 
 silver gilt, like him, and as large as life. N. Y. edi. 1850. 
 
774 Reign of Henry VI [tit. vi 
 
 first heretics, or in oth^r words, of the first who preferred death to 
 insincerity, under the new law for burning heretics."" 
 
 The fifth "Henry degraded his superior mind, and afflicted his 
 nation by abetting the ecclesiastical persecutions. He h.z.dL personally 
 attended the burning of one poor man, whose only crime was an 
 heresy, or a deviation from the then established opinions about the 
 Sacrament " ! " 
 
 CHAPTER XXIV. 
 
 INSTITUTfONS IN THE REIGN OF HENRY VI— 1422 
 
 TO 1461. 
 
 I. How the council administered executive power ; how officers were 
 appointed. Thomas Langley, bishop of Durham, re-appointed 
 Chancellor. How Parliament was begun and carried on. Its 
 proceedings in i H. VI. What it did as to matters in Chancery 
 
 The two paternal uncles of Hen. VI were but a year apart in 
 age: John, duke of Bedford, was thirty-three, and Humfrey, duke 
 of Gloucester, thirty-two at the time of the death of Henry V. 
 By Gloucester, who was then in England, the Great Seal was re- 
 ceived, in September, in his nephew's name.' The council acted 
 
 '^ I Mackintosli's Engl., Phila. edi. be witnesses, and that the same may be 
 
 1830, p. 296. enrolled." Cotton's Abr., p. 563, No. 13- 
 
 '*2 Turner's Engl., ch. 9, edi. 1825, "The Bishop of London, late Chan- 
 
 pp. 448, 449. cellor of the Duchy of Normandy, de- 
 
 I3 Stubbs's Const. Hist., ch. 18, p. 94 livered the same seal of that Duchy at 
 
 and p. 96. Rome to the Duke of Bedford, who had 
 
 " Thomas, Bishop of Durham, Chan- the governance of the same, and also in 
 
 cellor of England to the late King, H. V, the presence as is aforesaid, at Windsor, 
 
 in the presence of the Duke of Glou- the Great Seal of England, which King 
 
 cester and other Lords, in the castle of H. V gave to him to keep, and prayeth 
 
 Windsor, delivered and left with the to be discharged of the same by act of 
 
 King the great Golden Seal of the realm Parliament, and so was." Id, No. 14. 
 of England, whereof he willed them to 
 
CH. XXIV.] 
 
 1422 TO I461. 
 
 775 
 
 as administrators of executive power. It was by its advice that 
 a commission was directed to Gloucester, authorizing him to begin, 
 carry on and dissolve the parliament by assent of the council." 
 At Westminster, on "Monday next before the feast of St. Martin"* 
 (1422), the commission was " read in the presence of the said Duke 
 sitting in the chamber de pinct, and before the Lords and Commons." 
 
 " After which the Archbishop of Canterbury, by the command of 
 the said Duke, the King's Commissary, declared the cause of the 
 said parliament."* 
 
 " To satisfy the Commons' request, the Duke of Gloucester 
 declared to them that the King had appointed the Bishop of Dur- 
 ham to be his Chancellor ; ° William Rindroffe, to be Treasurer of 
 England ; and Joh7i Stafford to be keeper of the Privy Seal : of all 
 which officers, their patents are made and confirmed by Parlia- 
 ment.'" 
 
 ■■'3 Stubbs's Const. Hist., ch. 18, p. 96. 
 
 ''Cotton's Abr., p. 562, No. i. The 
 feast of St. Martin being Nov. 11, it 
 may be inferred that " Monday next, be- 
 fore the feast," was Nov. 9. 3 Stubbs, 96. 
 
 * Cotton's Abr., p. 562, No. 2. On 
 the "fourth day of the Parliament the 
 Commons presented" " Roger Flower, 
 Esquire, to be their speaker." Id., 
 p. 563, No. II. 
 
 ^Cotton's Abr., p. 563, No. l6. By 
 the patent to him the King "grants to 
 him all and all manner of authority and 
 power, to do and execute vice nomine 
 and loco nostris (in the King's stead, 
 name and place,) all and everything and 
 things which by law or custom belong 
 to the office of Chancellor of England, 
 or at any time have accustomed to belong 
 thereunto, with a command to all his 
 subjects to obey and assist the Chancellor 
 in all things in the exercise of his said 
 office." Legal Judic. in Ch., edi. 1727, 
 cli- 2, pp. 33, 34- 
 
 6 Cotton's Abr., p. 563, No. 1 6. There 
 may be a misprint in the Treasurer's 
 name. Mr. Foss says of John Stafford : 
 He " was the second son of Sir Hum- 
 phrey Stafford, surnamed (whether from 
 
 his generous disposition, or from having 
 an artificial hand, does not appear,) Sir 
 Humphrey of the Silver Hand, and his 
 wife, Elizabeth, daughter and heir of 
 
 Dynham, and widow of Sir John 
 
 Maltravers. His brother, Sir Humphrey 
 Stafford, was the ancestor to another 
 Humphrey, who was created Earl of 
 Devon in 9 Edw. IV, a title which he 
 enjoyed only a few months, being be- 
 headed in the same year. [Baronage I, 
 172.) Born at Houke, in the parish of 
 Abbotsbury, Dorsetshire, he was edu- 
 cated at Oxford, and taking his degree in 
 laws, afterwards practised as an advocate 
 in the ecclesiastical courts. There he 
 was advanced to be Dean of the Arches ; 
 and in September, 1419, he wws collated 
 archdeacon of Salisbury, and was made 
 chancellor of that diocese in 142 1. In 
 May, in the latter year, he was in posses- 
 sion of the place of keeper of the Privy 
 Seal, which he retained during the re- 
 mainder of the reign of Henry V, and 
 was reappointed on the accession of 
 Henry VI, his salary being 20 shillings 
 a day. (Rymer x, 117; Rot. Pari, iv, 
 171 ; Acts Privy Council iii, 8.") Biog. 
 Jurid. 
 
776 Reign of Henry VI [tit. vi 
 
 "The King, by his Letters patent, confirmed by Parliament, 
 appointeth John, Duke of Bedford, protector and defender of the 
 realm and church of England, and Chief Counsellor of the King, so 
 long as the said Duke (then being beyond the seas) should remam in 
 England; and in his absence only the Duke of Gloucester, to sup- 
 ply the said office ; the which Duke of Gloucester, in full parliament, 
 took upon him the burthen aforesaid, with protestation that the same 
 should not redound to the prejudice of the Duke of Bedford.'" 
 
 " That nothing be enacted by council but by six or more at the 
 least, and in all great causes by all or the most ; and wherein the 
 King is to be conferred withall,'that nothing be therein done without 
 the assents of the Dukes of Bedford and Gloucester."® 
 
 " Anne, Countess of Stafford, daughter and heir of EUinor, one of 
 the daughters and heirs of Humphrey de Bohun, late Earl of Here- 
 ford, Essex and Northampton, and Constable of England, reciteth a 
 partition made between King H. V and her of the inheritance of the 
 said Earl, in the ninth of his reign, at what time certain Knights' fees 
 in gross were not parted; whereof she now prayeth remedy, and 
 concerning certain members of the castle of Brecknock, in Wales." 
 
 Resp. " The King's council shall have power, by authority of Par- 
 liament to take order herein." " 
 
 No. 41 of the "Petitions of the Commons, with their answers" is 
 as follows: 
 
 " That no man be bound to answer in the Chancery for any mat- 
 ter determinable at the Common Law, on pain of the plaintiff to 
 lose £2.0." 
 
 Resp. "The statute made in the 17 R. II shall be executed."" 
 
 The ordinances and statutes ordained and established in the parlia- 
 ment of I Hen. VI (1422), are in 'Statutes of the Realm.'" 
 
 2. Parliament of 2 Hen. VI {142 j), opened by Chancellor Langley. 
 Its proceedings and statutes. 
 
 At Westminster, in 2 H. VI, "the twentieth day of October" 
 (1423), after there was read the commission "made to Humfrey, 
 Duke of Gloucester, sitting as in the last ParHament," " the Bishop 
 of Durham, being Chancellor of England, by the Duke's command- 
 ment, declared the cause of the " Parliament. 
 
 " On Friday the 22d of October, the Commons presented before 
 
 ' Cotton's, Abr., p. 564, No. 24. Nu. 41, is cited in 4 Inst., 83. The 
 
 'Id., No. 30. Statute of 17 R. II is in ch. 20, I 24, 
 
 ' Id., p. 565, No. 34. ante, pp. 695, 696. 
 
 w/a'., p. 566. Rot. Pari., i H. VI, "Vol. 2, p. 213 to 216. 
 
CH. XXIV.] 1422 TO 1461. 777 
 
 the Commissary and Lords, John Russell, Esquire, to be their 
 Speaker." " 
 
 The little King who (as stated in ch. 23, § 9, p. 773) was born Dec. 
 ■6, 1421, was brought into Parliament on Nov. 18, 1423.^' 
 
 " On Wednesday, the 17th day of December, the Chancellor, by 
 the King's Commissary," " adjourned the Parliament from the same 
 day unto the next after Saint Hilary." 
 
 No. 15. " The names of such Bishops, Lords, and other persons 
 as were appointed to be of the King's Council." 
 
 r6. "All which persons took upon them to be counsellors upon cer- 
 tain articles for the orders touching the council, for swarving from 
 the articles in the last parliament (tit. 26 to 34), and much in dero- 
 gation of the Protector's power."" 
 
 Of this Parliament (the last day of which was February i8th'° or 
 28th '^), the statutes and ordinances comprise twenty-one chapters;" 
 whereof the first is of "hberties confirmed"; the tenth is as to the 
 " Courts of our Lord the King," and is as follows : 
 
 "That all the officers made by the King's Letters patents royal 
 within the said courts which have power and authority, by virtue 
 of their offices of old times accustomed, to appoint clerks and minis- 
 ters within the same courts, shall be charged and sworn to appoint 
 such clerks and ministers, for whom they will answer at their peril, 
 which be sufficient, faithful and attending to that which pertaineth to 
 them in performance of the business, as well of the King as of his 
 people."^' 
 
 Ch. 15, against fastening nets in the river Thames was construed in 
 9 Jac. I." 
 
 '^ Cotton's Abr., p. 567. " Amongst all of the articles I find this 
 
 i^The chronicler tells how 'he not the worst; that the clerk of the 
 
 schriked and cryhed and sprang' before council should be sworn ever to prefer 
 
 he would leave his lodging at Staines.'' and to procure the poorest man his bill 
 
 Chron. Lond.,p. 112; cited in 3 Stubbs's and answer; and the King's Serjeant for 
 
 Const. Hist., ch. 18, p. 99, note 3. He counsel to take no money therefor.'' Id., 
 
 was taken back that night to Staines, p. 568, No. 17. 
 
 and next day to Kingston. Turner's '^ Cotton's Abr., p. 568, No.' 14. 
 
 Engl., book 3, ch. i, vol. 2,, edi. 1825, '"'3 Stubbs's Const. Hist., ch. 18, p. 99, 
 
 p. 468. note 4. 
 
 "Cotton's Abr., p. 568, Nos. 13, "2 Stat, of the Realm, p. 216 to 227. 
 
 15 and i5. The opinion of the editor '* Id., p. 222. 
 
 {^WUliam Prynne) seems to be incor- ^' 12 Rep., 99. 
 
 porated in No. 16, and also in the next. 
 
778 Reign of Henry VI [tit. vr 
 
 Chapters formerly numbered xiii and xiv, are numbered xvi and 
 XVII in ' Statutes Revised.' ™ 
 
 J. Of the King's uncles, Henry and Thomas Beaufort. On July 6, 
 1424, Thomas Langley, bishop of Durham, retired from, and 
 He7iry Beaufort, bishop of Winchester was appointed to, the 
 chancellorship. 
 
 Mr. Foss states that on the death of Henry V, Henry Beaufort, 
 bishop of Winchester, and his brother Thomas, Duke of Exeter, 
 "were appointed governors of the person of the infant king, their 
 great nephew." ''■'^ It may be that only to Henry Beaufort was spe- 
 cially committed " the care of the prince's person and education.'"'' 
 But both Henry and Thomas were of the counsellors appointed by 
 parliament to assist the protectors of the realm during the King's 
 minority; and Henry's ascendency in the council was naturally very- 
 great.^' 
 
 In 1424, on July 6th, Thomas Lg-ngley^ bishop of Durham, 
 retired from, and Henry Beaufort was, by advice of the council,^ 
 invested for a third time with the chancellorship."" 
 
 ^"They (with ch. i) are in vol. i, for repayment. Id. As to which refer- 
 
 edi. 1870, p. 299 to 302. T In connection enee may be had to Cotton's Abr., p. 578, 
 
 with ch. 21 there may be reference to No. 16, and p. 579, Nos. 20 and 21. 
 
 Cotton's Abr., p. 568, No. 18, and i ^*He was nominated one of the King's 
 
 State Tr. 267, for " proceedings upon an council in the parliament at Leicester in 
 
 ^x ^oi/ /flir/o act against Sir John Morti- Feb., 1426; but, in the following June, 
 
 mer for making his escape from prison." he prayed to be excused therefrom on 
 
 21 Biogr. Jurid. account of his age and infirmities. He 
 
 ''''^ It is said by CoUyer of Parliament, occupied the rest of his life in his 
 
 or the Council, that " they committed the diocese in works magnificent and charit- 
 
 care of the Prince's person and educa- able, among which were his restoration 
 
 tion to Henry Beaufort, Bishop oi Win- of the Galilee, in his cathedral built by 
 
 Chester." 5 Collyer's Engl., p. 72. Bishop Pusar, and the foundation of two 
 
 Like Collyer, is 2 Hume's Engl., ch. 20, schools for grammar and music. He 
 
 p. 374 (of N. Y. edi. 1850'). died Nov. 30, 1437. Foss's Biogr. Jurid. 
 
 ^' Foss's Biogr. Jurid. He never failed ''■''Id. His labours being greatly in- 
 
 in his attendance there; and in Febru- creased by the absence of both the 
 
 ary, 1424, he assisted the government by dukes from the kingdom, "the council 
 
 advancing £if,aao, afterwards increased assigned him 2,000 marks per annum 
 
 to ;^ii,302. i6j. \d., (oT which he re- beyond his accustomed salary. (Acts 
 
 ceived certain crown jewels in pledge Privy Council iii, 146, 165.) Id. 
 
CH. XXIV.] 1422 TO 1461. 779' 
 
 4. Parliament of 3 Hen. VI (1425) opened ^before the King sitting in 
 
 person! by the Chancellor (^Henry Beaufort^. Under what 
 circumstances execution of a judgment was stayed. 
 
 In 3 H. VI, the last of April (1425), "at the beginning of the Par- 
 liament, before the King sitting in person in the chair of estate, in 
 the painted chamber, there being the Lords and Commons, the 
 Bishop of Winchester, Chancellor of England, declared that the 
 King's will was that all estates should enjoy their liberties ; and for 
 this theme he took these words, ' Gloria, honor et pax, onuii operanti 
 bonum.' ^° 
 
 May 2 the Commons presented their Speaker; he is mentioned as 
 Sir Tho. Nanton in one volume;" and Sir Thomas Wauto/i in 
 another.''* 
 
 " Where John, bishop of Ely, in affidavit against John Baldward, of 
 Sutton, and others, recovered 4,000 acres of Marish in Wisbich, 
 
 It is enacted that the execution of the said recovery should stay 
 unto a certain time, and that before the same time there should be 
 a perambulation made between the shires of Lincoln and Cambridge, 
 by which, if it fell out that any of the premises were within the 
 county of Lincoln, that then neither the said Bishop, nor any of the 
 tenants within the county of Wisbich-hundred, shall claim any com- 
 mon of pasture in any of the same found, and contrarily that the said 
 Baldward and other tenants of Sutton should claim no common in 
 any of the premises found to be within the county of Cambridge.'"'' 
 
 The ordinances and statutes ordained and established in this par- 
 liament of 3 Hen. VI, are in Statutes of the Realm.'" 
 
 5. In 1425, quarrel between the Duke of Gloucester and the Chan- 
 
 cellor. The Duke's brother returns to England. Parliament 
 of 4 Hen. VI (^142^-6) ; called the Parliament of bats or blud- 
 geons. What was done to end the quarrel. 
 
 In 1425 a quarrel between the Duke of Gloucester and the Chan- 
 
 ^^ Cotton's Abr., p .576. In his second rancor and envy; by being inflexible, 
 
 division, touching sound counsel, he that they should worship no reward, nor 
 
 fehows " how the Elephant had three in judgment respect any person ; of a 
 
 properties ; the one for that he wanted a ripe memory, that they, by remembering 
 
 gall ; the second, for that he was inflexi- perils past, might prevent dangers to 
 
 ble, and could not bow; the third, for come." /a'., p. 577. 
 
 that he was of a most sound and perfect ^^ Cotton's Abr., p. 577. 
 
 memory; the which properties, by ap- ''■^2 Stubbs's Const. Hist!, p. 100, 
 
 plication, he wished to be in all counsel- note 6. 
 
 lors. First, that wanting a gall, they 29 Cotton's Abr., p. 579, No. 22. 
 
 should thereby -be free from all malice, '"Vol. 2, pp. 227, 228. 
 
780 Reign of Henry VI [tit. vi 
 
 ceUor caused the Duke of Bedford to return to England on the 
 ■receipt of a letter of Oct. 31, from the Chancellor. Bedford landed 
 at Sandwich on Dec. 20, and came to London. The two brothers 
 (Bedford and Gloucester) had not met since the death of Henry V. 
 On Jan. 7, a summons was issued for parliament. Three weeks were 
 ■spent in an attempt to reconcile Gloucester with the Chancellor. The 
 matter was not setded before the meeting of the parliament, which 
 is called by annalists the parliament of bats or bludgeons."" 
 
 In this Parliament of 4 Hen. VI, on Feb. 18 (1425-6), "before the 
 King sitthig in person, in the great hall of the Castle of Leicester,'' 
 "the Bishop of Winchester, Chancellor of England, declared" the 
 King's will. 
 
 8. "The King appointeth by his Letters patent, John, Duke of 
 Bedford, his Commissioner to prorogue and. dissolve the Parhament." 
 
 9. FelD. 28, "the Commons presented before the King Ricliard 
 Vernon, Knight, to be their Speaker." 
 
 10. " Upon the Commons misliking of the dissention between the 
 Nobles, the Duke of Bedford, and other Bishops and Lords made 
 among themselves a solemn decree that every of them should, with- 
 out affection, hear and end the dissention between the Duke of 
 Gloucester and the Bishop of Winchester, so as neither of them 
 should be encouraged to break the peace. To which order, after 
 every of the Lords were sworn, they sent the copy thereof to the 
 Commons."''^ 
 
 12. " The variance between the Duke of Gloucester and the Bishop 
 of Winchester, by their formal instruments, is compromitted to certain 
 Bishops and Lords, who, by like formality, make a full order between 
 them, viz : that the Bishop should first submit himself to the King, 
 which he did : whereupon the Duke of Bedford, in open Parhament, 
 by the King's commandment, pronounced the said Bishop excused, 
 as well of that it was said that the said Bishop had procured one to 
 have murdered the King, being Prince, as the murderer confessed, 
 who was therefore drowned by the Earl of Arundell, as also of that 
 it was said that the said Bishop should counsel and have procured 
 H. V, being Prince, to have deprived H. IV, his father." 
 
 13. Besides that, they awarded that the said Bishop should ac- 
 
 'I3 Stubbs's Const. Hist., ch. 18, pp. ch. 3, p. 484, of vol. 2, edi. 2, (1825.) 
 101,102. " That no angry conflict might Turner says: "These being also pro- 
 take place, its members were ordered to hibited, so determined was their mutual 
 leave their swords and weapons at their animosity and distrust, that they pro- 
 inns. To evade this injunction, their vided themselves with stones and plum- 
 followers attended with great batts and mets of lead, and trussed them secretly in 
 staves on their necks, which occasioned their sleeves and bosoms." Id.; citing 
 the meeting to be nicknamed the Parlia- Hall's Chron., p. 131-133. 
 ment of Batts." Turner's Engl., book 3, '^^ Cotton's Abr., pp. 5S2, 583. 
 
CH. XXIV.J 
 
 1422 TO 1461. 
 
 781 
 
 knowledge to the said Duke of Gloucester an offence, and by his 
 submission to pray his favour, and that the Duke should promise the 
 same ; and that in token thereof, either of them should take the other 
 by the hand, which was done." '' 
 
 6. In March, 1425-6, Henry Beaufort resigned the Great Seal; 
 John Kemp, Bishop of London, became Chancellor ; in April 
 elected Archbishop of York. Proceedings of Parliament. 
 
 That which is mentioned in the last paragraph (or No.) of the pre- 
 ceding section was on the 1 2th of March.'* 
 
 "On the 14th (or 13th) Beaufort resigned the Great Seal,'" and the 
 treasurer. Bishop Stafford,'" prayed to be discharged of the treasurer- 
 ship, John Kemp, Bishop of London, became chancellor, and Wal- 
 ter, Lord Hungerford, treasurer." " 
 
 Mr. Foss gives of John Kempe, bishop of London, the subjoined 
 account,'^ and states that he was raised to the chancellorship March 
 16, 1426. 
 
 '3 Cotton's Abr., pp. 583, 584; i State 
 Tr., p. 268 to 271. Mr. Stubbs says: 
 " The charges of Gloucester against his 
 uncle were stated : he had shut the 
 Tower of London against him; had 
 purposed to seize the King's person ; 
 had plotted to destroy Gloucester when 
 visiting the King ; had attempted the 
 murder of Henry *V, when Prince of 
 Wales, and had urged him to usurp his 
 father's crown. The Bishop explained 
 his conduct as impugned in the first and 
 third charges, and denied the truth of 
 the rest. The arbitrators determined 
 that Beaufort should solemnly deny the 
 truth of the charges of treason against 
 Henry IV, Henry V,. and Henry VI, 
 whereupon Bedford should declare him 
 loyal : he should then disavow all de- 
 signs against Gloucester, who should 
 accept the disavowal, and they should 
 then take each other by the hand." 
 3 Const. Hist., ch. 18, pp. 103, 104. 
 
 3*3 Stubbs's Const. Hist., ch. 18, 
 p. 104. 
 
 ^Jd. In Cotton's Abr., p. 584, No. 
 
 14 is in these words : " The thirteenth 
 day of March the Bishop of Winchester, 
 for sundry causes, prayeth to be dis- 
 charged of the Great Seal, whereof, by 
 common consent, he was discharged." 
 
 36 3 Stubbs, p. 104. Of yohn Stafford, 
 mentioned in \ i, p. 775, Mr. Foss, says : 
 "In December, 1422, he succeeded Wil- 
 liam Kynwelmersh, both as dean of St. 
 Martin's, London, and in the high office 
 of treasurer of England. (Monasticon 
 vi, 1324.) The former he probably gave 
 up on his becoming dean of Wells on 
 Sept. 9, in the following year ; the latter 
 he retained till March 13, 1426, when he 
 resigned it. Elected Bishop of Bath and 
 Wells on May 12, 1425, he was named 
 as one of the lords of the council during 
 the king's minority, and was most regu- 
 lar in his attendance in its meetings." 
 Biogr. Jurid. ; Cotton's Abr., p. 584, 
 No. 15. 
 
 3' 3 Stubbs, p. 104. 
 
 38 Descended from a good family 
 which had been long in possession of the 
 estate of Ollantigh, in the parish of Wye,. 
 
"782 
 
 Reign of Henry VI 
 
 [tit. VI 
 
 In Cotton's Abr., p. 584, are the following: 
 
 16. "The eighteenth of March, John, bishop of Bath and Wells, 
 late Treasurer of England, by a writ of the privy seal delivered to 
 the Duke of Bedford, the King's Great Seal of Gold in a leather 
 bag, the which the Duke took, and shewed openly and so sealed with 
 his own seal and after delivered the same to John, Bishop of London, 
 Chancellor of England." 
 
 21. " It is enacted that the King's Council, by authority of parlia- 
 ment, shall have power to end all such bills as are not ended by par- 
 liament." 
 
 23. " The twentieth day of March, before the Lords and Commons, 
 the Bishop of London, Chancellor of England, by the King's Com- 
 missary's commandment, prorogued the parliament from the same 
 day unto the Monday next after the feast of St. George," at Leicester 
 aforesaid." 
 
 In 1426, John Kempe, bishop of London and Chancellor of Eng- 
 land, was, on April 8, elected Archbishop of York.*" On the ist of 
 June the Parliament separated." Of its ordinances and statutes" 
 ch. 3 is in I ' Statutes Revised.' '^ 
 
 in Kent, where he was born in 1380. 
 He was the youngest son of Thomas 
 Kempe and Beatrice, a daughter of Sir 
 Thomas Leuknor, and received his edu- 
 cation at Merton College, Oxford, of 
 which he became a fellow. Practising 
 in the ecclesiastical courts, he was one 
 of the counsellors called upon by Thomas 
 Arundel, archbishop of Canterbury, to 
 assist in the proceedings against Sir John 
 Oldcastle in 1413. (l State Trials, 242, 
 262.) In July, 141 5 , he was an ambas- 
 sador to negotiate a peace with the King 
 of Arragon, and to treat for a marriage 
 with his daughter. (Rymer ix, 295.) 
 In that year also he was appointed dean 
 of the arches and vicar-general of the 
 new archbishop Chicheley. He was 
 soon archdeacon of Durham; and, in 
 141 8, was elected Bishop of RocBester. 
 In the next April Henry V made him 
 keeper of his Privy Seal, and within two 
 ;years he was placed in the office of chan- 
 cellor of the Duchy of Normandy, which 
 
 he retained till the end of that reign. 
 After sitting at Rochester for about two 
 years, he was, in 1421, on Feb. 28, 
 removed to Chichester, and on Novem- 
 ber 17 translated to the bishopric of Lon- 
 don. On the accession of Henry VI, he 
 delivered up the sejil of the Duchy of 
 Normandy, and was appointed one of 
 the King's council. (Rot. Pari, iv, 171, 
 201.) He was sent to the Duke of Bed- 
 ford in France, and was employed to 
 treat for the release of the King of 
 Scots. (Acts Privy Council iii, 86, 137.) 
 Biogr. Jurid. 
 
 '^ The feast of St. George is April 23. 
 The Monday next after that feast may 
 have been (in 1426) the 29th of April. 
 3 Stubbs's Const. Hist., ch. 18, p. 104. 
 
 *» Foss's Biogr. Jurid. 
 
 "3 Stubbs's Const. Hist., ch. 18, 
 p. 104. 
 
 " In 2 Stat, of the Realm, p. 229 to 
 232. 
 
 " Edi. 1870, p. 302 to 304. 
 
■CH. XXIV.] 1422 TO 1 46 1. 783 
 
 7. In 142 J, January, death of the ex- Chancellor, Thomas Beaufort ; 
 council held by the Duke of Bedford ; views of Chancellor 
 Kemp and of Bedford and his brother. 
 
 The ex- Chancellor, Thomas Beaufort, Duke of Exeter (mentioned 
 in ch. 23, § 6, p. 768), after being employed during four years as one 
 of the councillors appointed by parliament to assist during the 
 King's minority, and in acting in the war against France, and adding 
 to his other honors the office of Justice of North Wales, died at his 
 manor of Greenwich on Jan. i, 1427.** 
 
 The brothers, who had been chancellors, had in Chancellor Kemp, 
 a successor, who 'was a resolute defender of constitutional right.' 
 
 " In contemplation of his return to France, Bedford held a council 
 in the Star Chamber on the 28th of January. The chancellor, as 
 
 spokesman of the council, addressed him" ; reminded him 
 
 that the execution of the King's authority wag. " in especial in the 
 lords of his council, who might be called to account for their adminis- 
 tration; not in one singular person, but in all my lords together, 
 except where the parliament had given definite powers to the pro- 
 tector." — " Bedford replied that it was his wish to act in all things 
 under advice and governance of the council ; and then, with tears m 
 his eyes, swore on the gospels that he would be counselled and ruled 
 by them. On the following day the chancellor and council, thua for- 
 tified with a precedent, visited Gloucester." — " The council hoped that 
 he would give them the same answer that they had from Bedford; 
 and in fact Gloucester, after some words of apology, repeated his 
 brother's declaration." 
 
 On the 8th of March the King, with Bedford, Beaufort and the 
 Council, were at Canterbury. Immediately afterwards Bedford left" 
 (for France). "Beaufort accompanied him."** 
 
 <* And was interred in the abbey of St. " were enclosed in a strong oaken coffin 
 
 Edmund's Bury, where 345 years after- and buried at the foot of the large north- 
 
 -wards (in 1772), among the ruins, was east pillar, which formerly assisted to 
 
 discovered a leaden coffin (which had support the belfry." i Dugdale's Engl, 
 
 been enclosed in an oaken case) con- and Wales, p. 325 ; London Times, 
 
 taining an embalmed body entire as at Oct. 19, 1841 ; Foss's Biogr. Jurid. 
 the time of interment; and "thefea- *5.-)|ptubbs'sConst. Hist., ch. 18, p. 104 
 
 tures, the nails of the fingers and toes, to 106. During Bedford's stay in Eng- 
 
 and the hair which was brown, with some land, Henry Beaufort had appeared from 
 
 mixture of gray, appeared as perfect as time to time at the council board. Id,, 
 
 ever." The remains, on being ascer- p. 104. 
 •tained to be those of Thomas Beaufort, 
 
784 Reign of Henry VI [tit. vr 
 
 8. In 6 Hen. VI (7^27), Parliament opened by Chancellor Kemp IL. 
 How bills and petitions ivere left to be ended in some cases by the- 
 council, in other cases by the Chancellor. 
 
 In 6 Hen. VI, "in the Quindene of St. Michael (1427), being the 
 thirteenth day of October, before the King, sitting in the Chamber 
 de pinct" "John, Archbishop of York, being Chancellor of England,, 
 declared the cause of the Parliament."*^ 
 
 8. On Octo. 15, "the Commons presented before the King and 
 Lords fohn Terrill, Esq., to be their Speaker." 
 
 9. " The Chancellor, by the appointment of the Duke of Glouces- 
 ter, to whom the King's Letters Patents were made for proroguing 
 the Parliament, did the same prorogue from the eighth day of De- 
 cember until the Quindene of St. Hilarj' then ensuing." 
 
 15. "John Multon and Henry Heart, executors of the last will and 
 testament of John Harris, of Cambridge, pray remedy against one: 
 John Colls, their executor" for misusing himself; the ivhich matter is 
 committed to the Chancellor to be ended." 
 
 Nos. 22, 23, 24 and 25 are upon Gloucester's proceeding to under- 
 stand ' what the power of the Protector was.' "• At the end of the 
 " Petitions of the Commons, with their answers," is this : 
 
 45. " It is enacted that the Lords of the council shall have power 
 to end all petitions not ended by parliament, by the advice of the 
 Justices."*" 
 
 The statutes and ordinances made in this Parliament of 6 Hen. VI 
 (1427) are in six chapters ,■*" whereof the first is in i 'Statutes Re- 
 vised';^' the fifth (for the chancellor to make during ten years 'com- 
 missioners of sewers ' ) was amended by statute of 8 Hen. VI, ch. 3.*" 
 
 p. In 1428, preceptor of Hen. VI. Position of Henry Beaufort. 
 Parliament opened in 8 Hen. VI {,1429) by Chancellor Kemp. 
 Henry crowned Nov. 6. Henceforth the Dukes of Bedford and 
 Gloucester have not the name and power of Protector, but are 
 only councillors. Effect of Beaufort's being cardinal. 
 
 " Henry V had directed that the Earl of Warwick should be the 
 
 ^oCotton's Abr., p. 587. *' Cotton's Abr., p. 591. "Whereof 
 *' So printed in M., p. 588. ' sundry bills and petitions, the 25th day 
 <'/(/., p. 589. Chancellor A'^wyS " was of June were, by certain of the Lords 
 one of the peers who signed the ailwers there named, in the Star Chamber, an- 
 te the Duke of Gloucester, resisting his swered and endorsed." /i/. 
 claim to govern at his own will and ^2 Stat, of the Realm, p. 232 to 238. 
 pleasure, and explaining the limitation 61 E(ji, 1870, pp. 304, 305. 
 of his authority as protector." (Rot. ^^2 Stat, of the Realm, pp. 239, 240.. 
 Pari, iv, 327.) Foss's Biogr. Jurid. 
 
CH. XXIV.] 1422 TO 1461. 785 
 
 preceptor of his son. On the ist of June" (1428) " Warwick was 
 summoned by the Chancellor to perform his office; special instruc- 
 tions are given him." ^' 
 
 Beaufort "did not return until September, 1428, having, in the 
 meantime been made a cardinal, legate of the apostolic See, and 
 commander of a crusade against the Hussites."" 
 
 In 8 Hen. VI, "John, Archbishop of York and Chancellor of Eng- 
 land," declared the cause of the Parliament in September.'" 
 
 At Westminster, on the 6th of November, was performed the 
 ceremony of crowning Henry VI King of England.'" 
 
 In Parliament, in December, " For that the King, the sixth day of 
 November in this present year, on the day of coronation, had taken 
 upon him the protection and defence of this realm, it seemeth good 
 to the Bishops and Lords, upon good advice, that the name and 
 power of Protector and Defender, granted to the Dukes of Bedford 
 and Gloucester, should, from the same day of coronation, utterly 
 cease, and that they, the said Dukes, should have the name of prin- 
 cipal counsellors, any order to the contrary notwithstanding: the 
 which name of Protector and Defender, as touching his own person, 
 the Duke of Bedford, in full Parliament, did release, so always as 
 the same should not hurt the title of the Duke of Bedford."" 
 
 In January'* "For that no cardinal is to be of any King's council 
 
 **3 Stubba's Const. Hist., ch. 18, Hist., p. no, note 3. 
 
 p. 108 " Warwick who lived to attend =^ 3 Stubbs's Const. Hist., ch. 18, 
 
 on Henry until he was eighteen, dis- p. no. Dainties of the coronation 
 
 charged his duties faithfully, and made banquet are commemorated. ( — " ist 
 
 his pupil a good scholar and an accom- course,'' " 2d course,'' "3d course" — ). 
 
 plished gentleman. He could not make Turner's Engl., vol. 3, ch. 10, pp. 3, 4, 
 
 him a strong or a happy man." Id. of 2d edi. (1825.) There seems to have 
 
 '^ Id., p. 106. Mr. Stubbs observes been something else of a different sort, 
 
 that " Beaufort had made the great " The second ballad of the coronation 
 
 mistake of his life, in 1426, in accepting dinner was" " to applaud the emperor 
 
 the cardinalate." /d., p. 108. Sigismund, and Henry V for their perse- 
 
 ^»"On Thursday, being the next day cutions of heresy;" it was "followed by 
 
 after St. Matthew, the twentieth day of the burning of a heretic'' (Jan. 23), 
 
 September, before the King himself, then " and in the next year another." 3 Tur- 
 
 sitting in the Chair of Estate, in the net's Engl., ch. 10, p. 13, of 2d edi. 
 
 Chamber de pinct, the Lords and Com- (1825). 
 
 mons being there present." Cotton's *' Cotton's Abr., p. 592, No. 13. 
 
 Abr., p. 591, No. 1. Afterwards Wil ^8 parliament was prorogued from Dec. 
 
 iiam Allington was chosen and pre- 20 (or 29) ' unto the Monday next after 
 
 sented as speaker of the Commons. Id., the feast of St. Hilary." Cotton's Abr., 
 
 p. 592, Nos. 9 and 10; 3 Stubbs's Const. p. 593, No. 16. 
 
 50 
 
786 Reign of Henry VI [tit. vi 
 
 but at his own pleasure, the Bishops and Lords assented that humble 
 request should be made to the said Cardinal, to vouchsafe to be 
 made of the council, with this protestation that the said Cardinal 
 should absent himself in all affairs and councils of the King, wherein 
 the Pope or See of Rome was touched upon; which request so 
 made, the Cardinal took upon him the same, in form aforesaid.""" 
 
 The statutes and ordinances made in this Parliament of 8 Hen. VI 
 (1429) are in twenty-nine chapters;™ whereof chapters i, 7, 9, 10, 12, 
 15 and 16 are in i Revised Statutes."^ 
 
 10. The King, accompanied by Cardinal Beaufort, went to France. 
 Gloucester lieutenant and custos of the kingdom. How Chan- 
 cellor Kemp acted. William Linwood, Doctor of the Law, 
 opened Parliament in g Hen. VI. Its statutes. 
 
 After the reverses produced by the Maid of Orleans*" it was 
 recommended that Henry should be crowned, in person, the King of 
 France."' In 1430, on April 16, Cardinal Beaufort "agreed to accom- 
 pany his grand-nephew" thither; "on the 21st Gloucester was 
 appointed lieutenant and custos of the kingdom"; on the 23d Henry 
 sailed with a large retinue."* 
 
 " During Henry's absence the duty of maintaining the authority 
 of the council devolved on Archbishop Kemp, who, although he 
 managed to act with Gloucester in his new capacity as custos, had on 
 more than one occasion to oppose him." 
 
 Beaufort returned to England Dec. 21, 1430; leaving Henry in 
 France."^ 
 
 In Parliament, in 9 Hen. VI, on "the Friday next before the feast 
 of St. Hilary," "being the 12th day of January" (1430-31), "the 
 noble Prince Humfrey, Duke of Gloucester, being Keeper of Eng- 
 
 ''/</., No. 17. The twenty-third of "Her examination, trial and death." 
 
 February was the last day of the Par- These chapters are the 4th, 5th, 6th, 7th, 
 
 liament. Id., No. 26. 8th and 9th, in book 3, and occupy in 
 
 ™2 Stat, of the Realm, p. 238 to 262. vol. 2 100 pages (494 to S94) of Tur- 
 
 ^lEdi. 1870, p. 305 to 320. ner's Engl., edi. 2, (1825.) 
 
 *^Mr. Turner has written chapters *'/i/., vol. 3, ch. 10, p. 7. 
 
 entitled "The Siege of Orleans;" "The "3 Stubbs's Const. Hist., ch. 18, 
 
 Rise of Joan of Arc;" "The Maiden p. 112. 
 
 Raises the Siege of Orleans;" "Her '^3 Stubbs's Const. Hist., ch. 18, 
 
 further military exploits and capture;" p. 112 and p. 113, note 6. 
 
•CH. XXIV.] 1422 TO 1461. 787 
 
 land, sitting in royal estate in the Chamber de pinct, many the Lords 
 him there assisting, and the Commons being tliere present, for that 
 John, Archbishop of York, Chancellor of England (who, by virtue 
 of his office ought to have declared the cause of the said parliament, 
 •by grievous sickness was unable to do the same) the said Duke 
 appointed William Linwood (Doctor of the Law) to do the same." ^ 
 
 Fuller says : 
 
 "William Lynwood was born at Lynwood pi" Lincolnshire "and 
 proceeded Doctor of the Laws (probably rather by incorporation 
 than constant education) in Oxford, long Hving a commoner in Gun- 
 vil Hall, in Cambridge. He was chancellor to the archbishop of 
 Canterbury, keeper of the Privy Seal to King Henry the Sixth, and 
 was employed in several embassies into Spain and Portugal. He 
 wrote a learned comment on the English provincial constitutions, 
 from Stephen Langton to Archbishop Chichley."" 
 
 Since Fuller's time another has said of Lyndwode : 
 
 '' Li the Provinciale and the Gloss upon it, we not only have a 
 view of such constitutions as were made in this kingdom, with the 
 interpretation put on them by that experienced practiser and 
 judge, but we collect from him that the oracle to which recourse was 
 had in all cases where our constitutions were defective or doubtful 
 was the body of pontifical canon law "*' 
 
 The statutes and ordinances made in this Parliament of 9 Hen. 
 VI are in eleven chapters : ^ whereof the fourth is in i ' Statutes 
 Revised.' '° The ninth chapter (for the chancellor to assign commis- 
 sioners to remove obstructions in the river Ley) and the eleventh 
 
 (of proceedings in chancerv when bastardy is alleged) furnish illus- 
 
 » 
 trations of the variety of matters within the chancellor's jurisdiction 
 
 at that period. 
 
 *^ Cotton's Abr., p. 597, No. I. On Worthies, edi. 1840, pp. 273, 274. Of 
 
 Jan. 15 the Commons presented John him more may be read in ch. 29, \ 5. 
 
 Tirrell, Esquire, to be their speaker. ** Reeves's Hist, of Engl. Law, ch. 25, 
 
 Id., p. 598, No. 10. edi. 1869, p. 43. 
 
 *' " And his pains at last were re- ^ 2 Stat, of the Realm, p. 263. 
 
 warded with the bishopric of St. David's, '" Edi. 1870, pp, 321, 322. 
 where he died in 1446." 2 Fuller's 
 
788 Reign of Henry VI [tit. vi 
 
 11. In 1431, proceedings of Gloucester in England and of Beaufort 
 
 in France. Henry, who there in December was crowned King 
 of France, returned to England in February, 1432. The Great 
 Seal resigned by Kemp ; and delivered to John Stafford. 
 
 In 1 43 1 Beaufort went back to France after Easter;" in his absence 
 Gloucester took steps against him in the council in November. Yet 
 " on the 17th of Dec, 1431, Henry was crowned king of . France at 
 Paris by Beaufort." In 1432 the King landed in England on Feb. 
 9. Before his return there had been, in the council, contests disa- 
 greeable to the chancellor ; " he disapproved certain removals from 
 office," though made after the King's return. On Feb. 25, the Great 
 Seal was resigned by Kemp ; on March 4 it was transferred to the 
 hands of John Stafford''* Beaufort returned home in time to attend 
 parliament. 
 
 12. Parliament opened in 10 Hen. VI {1432') by Chancellor Stafford; 
 
 its proceedings. 
 
 In 10 Hen VI, on May 12 (1432)," "John, bishop of Bath and 
 Wells, being Chancellor of England, by the King's commandment 
 declared the cause of the Parliament." 
 
 g. "The second day of the Parliament, the Duke of Gloucester 
 declared to the bishops and Lords " " that although he were principal 
 counsellor, yet would he do nothing without the assent of most of 
 
 "3 Stubbs's Const. Hist.j ch. 18, was relieved from the stewardship of the 
 
 p. 113, note 6. household. Id., p. 114. 
 
 '''^ Id. (3 Stubbs), pp. 112, 113, 114; ''Mentioned in \ I, p. 775, and \ 6, 
 
 5 Lingard's Engl., ch. .c, p. 91. On p. 7S1. By a MS. letter in the British 
 
 Nov. 28 there w&s a brisk debate an the Museum, addressed to him on July II 
 
 question of the protector's salary, in 142S, it seems that he had resumed his 
 
 which Kemp and Hungerford (the Chan- former office of keeper of the Privy Seal, 
 
 cellor and Treasurer) were supported by In 1430 he accompanied the King to 
 
 the Bishop of Carlisle, Lords Harring- France, and had a salary as one of his 
 
 ton, De la Warr, Lovell and Botreaux; counsellors there. (Acts Privy Council 
 
 and outvoted by Gloucester's friends, led iii, 310; iv, 29.) Foss's Biogr. Jurid. 
 by the Lord Scrope. 3 Stubbs, p. 113, '»"/« the presence of the King him- 
 
 and note 5. self, sitting in the Chair of Estate in the 
 
 '^ On Feb. 26, Hungerford had to Chamber de Pinct, within the palace of 
 
 resign the treasurership to Scrope; on Westminster, the Lords and Commons 
 
 March I, Lord Cromwell, the Chamber- being there also present." Cotton's Abr., 
 
 lain, was dismissed, and Lord Tiptoft p. 601. 
 
•CH. XXIV.] 1422 TO 1461. 789 
 
 them ; the which unity of the Lords was the next day declared to 
 the Commons by the Chancellor." 
 
 10. May 14, "the Commons presented before the King Jbkn Rus- 
 sell, Esquire, to be their Speaker." 
 
 14. " The Cardinal in full Parliament, declareth that he being in 
 Flanders in the way to Rome, returned back into the realm of his 
 own will, to purge himself of a bruit that he should be a traitor to 
 the realm; whereof the Duke of Gloucester, by the King's com- 
 mandment, purged him." 
 
 16. "The King, by the common assent of all the estates pardon- 
 eth to the said Cardinal all offences, punishments and pains incurred 
 by him against the statutes of Provisors.'"^ , 
 
 Of the statutes and ordinances made in this Parliament of 10 Hen. 
 VI," chapters two and six are in i 'Statutes Revised.'" 
 
 Tj. Mastership of the Rolls in ihis reign tintil May zj, 14J ?. 
 
 John Wakering, who (as stated in ch. 23, § 5, p. 767) retired from 
 the Mastership of the Rolls June 3, 1415, was on the accession of 
 Henry VI named as one of the special council to assist the protectors. 
 His services were terminated by his death, April 9, -1425, at his 
 manor of Thorpe. He was buried at Norwich in his cathedral; and 
 is spoken of as of extraordinary merit." 
 
 Simon Gaunstede, who under Hen. V succeeded to the Master- 
 ship of the Rolls June 3, 141 5 (p. 767), "held it again under Hen. 
 VI, from Sept. 28, 1422, till Nov. 16, when he was recognized as an 
 independent keeper with all the usual powers, and received the 
 accustomed salary."^" He probably died soon after. 
 
 John Frank^^ was on Octo. 28, 1423, constituted keeper of the 
 Rolls in Chancery. The Great Seal was by him received in April, 
 
 ''^ Id., pp. 602, 603. No. 15 is of ^' Of a Norfolk family. Hewasprob- 
 
 jewels stayed at Sandwich to the great ably son of John Frank, of Norwich, 
 
 hindrance of the Cardinal. and Alice; his wife. (Acts Privy Council 
 
 "2 Stat, of the Realm, p. 272 to 277. ii, 149.) He was a clerk, or Master in 
 
 "Edi. 1870, p. 323 to 326. Chancery in 2 Hen. V (1414), in which 
 
 ™ " Pious, bountiful and affable, and reign he was also clerk of the Parlia- 
 
 goveming his See with prudence and ment, receiving ^^40 a year as his salary 
 
 moderation." Foss's Biogr. Jurid. for that duty (/rf., 106). He was colla- 
 
 ^ORymer x, 262, is cited in Biogr. ted archdeacon of Suffolk Nov. 10,1421 
 
 Jurid. (Le Neve 221). Foss's Biogr. Jurid. 
 
790 
 
 Reign of Henry VI 
 
 [tit. vr 
 
 1433, by virtue of a writ directed to him/^ but was re-delivered to 
 the Chancellor in a few weeks.^' He held the office of Master of 
 the Rolls till May 13, 1438.'* 
 
 14. John Stafford, the first person known to have been called 'Lord 
 Chancellor! opened parliaments from 1432 to 1437. In the 
 latter was the statute of 15 Hen. VI, c. 4, against writs of sub- 
 poena for matters determinable by the common law. 
 
 John, bishop of Bath and Wells, is said to be " the first possessor of 
 the office" (of Chancellor of England) "who is known to have been 
 called V^y-fl? chancellor.'"^ He declared the cause of the Parhament 
 at Westminster the eighth day of July, in 11 Hen. VI (1433).^ The 
 statutes, declarations and ordinances of this parliament are in sixteen 
 chapters;" whereof the sixth is in i 'Statutes Revised.'** 
 
 82 Wherein the King recites, " that 
 the Chancellor was to go to Calais about 
 the public business, but we being willing 
 that justice and execution of the laws, 
 customs, or statutes of our kingdom of 
 England should not be thereby retarded, 
 but rather, in the meantime, full justice 
 should be done to every one willing to 
 sue in our Chancery, have willed and 
 commanded our Chancellor to deliver our 
 Great Seal for the time of such his 
 absence into your hands, to be kept till 
 his return, to the end that you, in his 
 absence, may occupy that Seal, and may 
 do and execute the matters of justice 
 and the course of our Chancery, as is 
 fitting; and therefore we command you 
 that you receive our Seal from the Chan- 
 cellor, and, in the meantime, occupy it 
 to that use, and to do other the premises 
 in the form aforesaid, and to re- deliver 
 the said Seal to our Chancellor upon his 
 return." Legal Judic. 'in Ch., p. 36, 
 edi. 1727, ch. 2, p. 36. 
 
 ''The writ bears teste 15 April, a«»o 
 II, H. VI. The Chancellor was absent 
 about five weeks, viz : to the 23 of May 
 
 following ; and then the Keeper of the 
 Rolls re-delivered the Seal to the Chan- 
 cellor. Id.; citing Rym. Feed., 10 
 Tom., 549. 
 
 ** By his will, he bequeathed ;^l,ooo 
 to purchase lands for the maintenance o 
 four fellows of Oriel College, Oxford, 
 from Somerset, Dorset, Wilts and Devon. 
 Foss's Biogr. Jurid. 
 
 8'Foss's Biog. Jurid. 
 
 ^ " In the presence of the King, then 
 sitting in the Chair of State, in the 
 Chamber de Pinct, and of the Dukes of 
 Bedford and Gloucester, Bishops, Lords 
 and Commons." Roger Hunt, Esq., 
 was Speaker of the Commons. Cot- 
 ton's Abr., p. 607. 
 
 8' 2 Stat, of the Realm, p. 278 to 288. 
 This Parliament was after Bedford had 
 lost one wife and married another. 
 About the end of June, 1434, he sailed 
 for France. At Rouen, in 1435 he 
 died Sept. 14, and was buried in the 
 cathedral on the right hand of the high 
 altar. 5 Lingard's Engl., ch. 2, p. 92 ta 
 95; 3 Stubbs, ch. 18, pp. 120, 121. 
 
 88 Edi. 1870, pp. 327, 328. 
 
CH. XXIV.] 1422 TO 1461. 791 
 
 Chancellor Stafford declared the cause of the Parliament at West- 
 minster the tenth day of October, in 14 Hen. VI (1435).*' 
 
 Also the cause of the Parliament at Westminster the 21st of Jan- 
 uary, in 15 Hen. VI (1437).** Its statutes and ordinances" comprise 
 eight chapters ; whereof the fourth is as follows : 
 
 " For that divers persons have, before this time, been greatly vexed 
 and grieved by writs of subpcena purchased for matters determinable 
 by the common law of this land to the great damage of such per- 
 sons so vexed, in subversion and impediment of the common law 
 aforesaid, our Lord the King doth command that the statutes thereof 
 made shall be duly observed according to the form and effect of the 
 same, and that no writ of subpmna be granted from henceforth until 
 surety be found to satisfy the party so grieved and vexed, for his 
 damages and expenses, if so be that the matter cannot be made good 
 which is contained in the bill.""" 
 
 13. Of Chancellor Stafford and the parliaments and statutes in 1439 
 and 144.1-2. In 1443 he was elected archbishop of Catiterbury, 
 and became apostolic legate, hi 1444 the King, by proxy, mar- 
 ried Margaret. 
 
 Chancellor Stafford declared the cause of the Parliament at West- 
 minster in 18 Hen. VI, "the morrow after St. Martin,"" (1439). Of 
 its statutes and ordinances"* the first, sixth and seventh chapters are 
 
 ^ " In the presence of the King, sit- Before this Parliament began, Queen 
 
 ting in the Chair of Estate, in the Cham- Katherine (the King's mother) had died 
 
 ber de Pinct, and in the presence of the Jan. 3. Id., p. 620, No. 32; 3 Stubbs, 
 
 Lords and Commons." John Bowes, p. 124. 
 
 Esq., was Speaker of the Commons. " 2 Stat, of the Realm, p. 295 to 300. 
 
 Cotton's Abr., p. 614. The statutes and ^2 Stat, of the Realm, pp. 296, 297. 
 
 ordinances of this Parliament are in Cited in 4 Inst., 83, and 2 Reeves' Hist. 
 
 2 Stat, of the Realm, p. 289 to 294. of Eng. Law, ch. 22, edi. 1869, p. 600. 
 
 Chapter i is in i 'Statutes Revised,' ''"In the presence of the King, 
 
 edi. 1870, pp. 328, 329. Lords and Commons." Cotton's Abr., ' 
 
 '""In the presence of the King, p. 621. The day of St. Martin, Bishop 
 
 Lords and Commons. For Speaker of and Confessor, being Nov. 11, this Par- 
 
 the Commons Sir John Tirrell, Knight, liament began Nov. 12. The Commons 
 
 was first chosen. But after, by grievous presented William /Tresham, Esq., to be 
 
 sickness, he could not attend, William their speaker. Id., p. 622. 
 
 Burly, Esq., was chosen. Id., p. 617, '*In 2 Stat, of the Realm, p. 301 to 
 
 No. I to 5; 618, No. 10; 619, No. 27. 315. 
 
792 Reign of Henry VI [tit. vi 
 
 in I "Statutes Revised.'"' As to commissioners of sewers in rela- 
 tion to whom power was given the chancellor by stat. 6 Hen. VI, 
 ch. 5 (mentioned in § 8, ante p. 784), the time is extended ten years 
 by ch. io.»' 
 
 Of statutes and ordinances made in the Parliament of 20 Hen. VI 
 (1441-2)," the ninth chapter is in i 'Statutes Revised.' °° 
 
 Chancellor Stafford was, on May 15, 1443, elected Archbishop of 
 Canterbury,'' 
 
 In 1443, or 1444, William de la Pole, earl of Suffolk, was entrusted 
 with a negotiation in France connected with which was a treaty for 
 marriage between Henry the Sixth and Margaret, daughter of Ren6, 
 King of Sicily.™ Henry, in a letter of August 17th, mentions hav- 
 ing sent our right trusty and right well beloved cousin,"" the earl of 
 Suffolk, " our right well beloved clerk Maist. Adam Moleyns, doctor 
 of law, dean of Salisbury, keeper of our privy seal, and other with 
 them." Sir Henry Ellis seems to suppose that this letter and 
 another of August 28, from Hen. VI, were in 1443.'°^ But else- 
 where, there is mention of October 28, 1444, as the date of Henry's 
 letter consenting to the engagement, and November 1444, as the 
 month in which at Nanci, in St. Martin's church, Suffolk ''espoused 
 the lady Margaret in the name and as the proxy of his sovereign, 
 Henry VI of England.""' 
 
 '»Edi. 1870, p. 329 to 333. Ch. vii, Maine and Bar. 4 Lingard's Engl., 
 
 as to escheats, provides "that the Chan- ch. 2, p. 119. 
 
 cellor of England call to him the Treas- i'"' Suffolk's wife was Alice, widow of 
 
 urer of England in letting such ferms." the Earl of Salisbury, and daughter of 
 
 '^2 Stat, of the Realm, pp. 308, 309, Thomas Chaucer of Ewehii, whose 
 
 Afterwards the time was further extended mother was sister to Katharine Swin- 
 
 by Stat. 23, Hen. VI, ch. 8, p. 334. ford." 3 Stubbs's Const. Hist., ch. 18, 
 
 "Jan. 25. 2 Stat, of the Realm, p. 140, note 2. 
 
 p. 315 to 325. '"^Sir H. ElHs's 3d series of Orig. 
 
 ssEdi. 1870, pp. 333, 334. Let., vol. i, p. 78 to 82. 
 
 "About the same time he was ap- 1°' Miss Stricliland's Queen's of Engl., 
 
 pointed apostolic legate in England. vol. 3, p. 132, of Phila. edi. 1857; 
 
 Foss's Biogr. Jurid. citing Rymer's Foedera and other au- 
 
 lo^And Jerusalem, and Duke of Anjou, thcrities. 
 
CH. XXIV.] 1422 TO 1461. 793 
 
 j6. Ill 2j Hen. VI {1444-^) Chancellor Stafford in opening Parlia- 
 ment announced a treaty for peace with France and for mar- 
 yiage with Margaret. The marriage solemnized April 22, 
 1445, in Tichfield Abbey ; the Queen crowned at Westminster 
 May JO. 
 
 At Westminster in 23 Hen. VI, on Feb. 25 (1444-5),"* "John, 
 Archbishop of Canterbury, Primate of all England, Deputy of the 
 See of Rome, and Chancellor of England, declared the cause of the 
 calling of the Parhament; takingfor his theme fustitia et Pax 
 osculates. Psal. 84. Upon which he sheweth how that through the 
 great travail of the earl of Suffolk (the King's dear cousin] and 
 other noblemen, ambassadors sent into France, as well for a treaty of 
 marriage to be had between the King and Margaret, the daughter of 
 the King of Sicily, as lor peace to be had between the realms of 
 England and' France, the same marriage was contracted, and an 
 abstaining from war for a time was granted. He further showed 
 how that the said Earl remained in France, attending for the safe 
 <;onductin^ of the said Princess into the realm of England."'"* 
 
 Parliament was prorogued from March 15 to April 19.'™ 
 
 Marriage between Henry and Margaret was solemnized in Hamp- 
 shire county, according to one account at Southwich," according to 
 another at Titchfield abbey, on April 22, 1445 ; she was crowned at 
 Westminster May 30.'°* 
 
 On June 2d, 1445, Suffolk having made to the King, Lords and 
 Commons a declaration of his services; it was enacted that he 
 "should be holden a most true and faithful subject.""' 
 
 Of ordinances and statutes made in this parhament (which began 
 
 1°*" III the presence of the King, sit- land, vol. 3, pp. 13S, 139, of Phila. edi. 
 
 ting in person in the Chair of Estate, 1857. 
 
 and of the Lords and Commons." Cot- '""Cotton's Abr., p. 630, Nos. 18, 19. 
 
 ton's Al)r., p. 629, No. I. On p. 629, in the margin of No. 11, is 
 
 i"5/rt'., No. I to 3. William Burley, this: "The 15 June the Pari, for tke 
 
 Esquire, is chosen as the Speaker of the plague and harvest was prorogued to 20 
 
 Commons. /</., Nos, 8, 9. October.'' No. 11 is as follows : "The 
 
 "'^/fl'., No. 10. fifteenth day of December, in the twenty- 
 
 ""7 Dugdale's Engl, and Wales, fourth year, &c., the Chancellor pro- 
 
 p. 1402; 3 Turner's Engl., ch. 11, p. 41, rogued the same Parliament from the 
 
 of 2d edi. (1825.) same day unto the twenty-fourth of 
 
 "^Miss Strickland's Queens of Eng- January ensuing, at Westminster." 
 
794 Reign of Henry VI [tit. vr 
 
 Feb. 25, 1444-5 — 23 Hen, VI — and was continued to 9th April, 24. 
 Hen. VI, 1446),"° chapters 7, 9, 14 and 16 are in i Statutes Revised.'" 
 
 77. Will of Cardinal Beaufort, ex-chancellor of England, dated 
 fan. 21, 1446. Parliament opened by Chancellor Stafford in 25 
 Hen. VI{i446-j) Feb. 10. The Duchess of Gloucester deprived 
 of dower. The Duke, after being arrested, is found dead, Feb. 
 2j, 144J. Beaufort, the Cardinal and ex-chancellor dies April' 
 II, 1447. Of the death-bed scene and his character. 
 
 The will of Cardinal Beaufort,''ex-chancellor of England, is dated 
 Jan. 21, 1446, and begins thus: 
 
 " How transitory, mutable and perishing is this life ! I look upon 
 it to be rather as a shadow that soon vanishes, or a spectacle, than a 
 solid duration of days."'" 
 
 How far this was verified in his case will presently appear. At St. 
 Edmonds Bury, on Feb. 10, in 25 Hen. VI (1446-7), parliament was 
 opened with great form.™ The little business done during the ses- 
 sion ' * embraces this : 
 
 " It is by the King enacted that Ellinor, the late wife of the Duke 
 of Gloucester, shall be utterly barred to claim any dower of any of 
 the hereditaments of the said Duke.""° 
 
 The Duke of Gloucester, after being arrested on a charge of trea- 
 son, is found, Feb. 23, 1647, dead in his bed."" 
 
 ""2 Stat, of the Realm, p. 32610 343. Commons" by "John, Archbishop of 
 
 "'Edi. 1870, p. 334 to 347. Canterbury, Primate of England, Legate 
 
 "^3 Turner's Engl., edi. 1825, ch. 12, of the See of Rome and Chancellor of 
 
 p. 58. " Besides ;!f4,ooo to the prisoners England." Cotton's Abr., p. 634, No I. 
 
 in Newgate, Ludgate, Fleet, Marshal- William Tresham, Esquire, was chosen 
 
 sea. King's Bench, and in the prison Speaker of the Commons. Id., p. 635,. 
 
 belonging to his Southward manor, he Nos. 9 and 10. 
 
 bequeathed his residue for works of 11*3 Stubbs's Const. Hist., ch. 18,, 
 
 charity and pious uses, especially in p. 136. 
 
 relieving poor religious' houses, in mar- "» Cotton's Abr., p. 635, No. 17,. 
 
 rying poor girls, and in succoring the This so-called enactment is not in the 
 
 poor.'' His codicils were dated 7 and 9 statute of 25 Hen. 'VI (1446-7), as- 
 
 April, 1447. Id., p. 58. printed in 2 Stat, of the Realm, p. 344. 
 
 "'"In the presence of the King, sit- Nor is it entitled to be regarded as a 
 
 ting in the Chair of Estate, within the judgment by ' due process of law.' 
 
 house of refectory of the Abbey of Bury i'* 5 Collyer's Engl., edi. 1 775, p. 1 14 ; 
 
 St. Edmonds, and of the Lords and 2 Hume's Engl., ch. 20, p. 411, of N.. 
 
CH. XXIV.] 
 
 1422 TO I461. 
 
 79& 
 
 In about six weeks'" the Duke was followed to the grave by his 
 uncle and former competitor, Cardinal Beaufort, ex-chancellor of 
 England. In the play of Hen. VI (act iii, scene iii), he is painted on 
 his death bed as in a state of great remorse. But notwithstanding 
 Lord Campbell's language,"^ there seems ground for saying that 
 Shakspeare's dramatic picture should not be accepted as historic 
 truth."' 
 
 On April 11 " the ■ Cardinal of England passed away; not as the 
 great poet has described him, in the pangs of a melo-dramatic 
 despair, but with the same business-like dignity in. which for so long 
 he had lived and ruled. As he lay dying in the Wolvesey palace at 
 Winchester, he had the funeral service and the mass of requiem 
 solemnized in his presence; in the evening of the same day he had 
 his will read in the presence of his household, and the following 
 morning confirmed it in an audible voice; after which he bade fare- 
 well to all, and so died.""" 
 
 Y. edi. 1850; 5 Lingard's Engl., ch. 2, 
 p. 122, note; 3 Stubbs's Const. Hist., 
 ch. 18, p. 136. "This Prince's vault, in 
 which his body was preserved in a kind 
 of pickle, was discovered at St. Alban's 
 in. the year 1703." I Granger's Biogr. 
 Hist., p. 21. In Thomas Dugdale's 
 England and Wales, it is said of St. 
 Alban's abbey, "The tombs of the 
 founder Offa, and that of Humphrey, 
 Duke of Gloucester, are shown here; 
 and not many years ago the leaden coffin, 
 containing the body of the latter, was 
 opened, and the corpse found nearly 
 entire." Vol. i, p. 18. 
 
 1^' Cardinal Beaufort died April 11, 
 1447. 3 Turner's Engl., ch. 12, edi. 
 1825, p. 56. 
 
 "8 1 Lives of the Chancellors, ch. 20, 
 PP- 342. 343. of 2d edi. (1846), pp. 321, 
 322, of Boston edi. 1874. What is said 
 in Hall's Chron., p. 210, on the autho- 
 rity of John Bakv, a counsellor of the 
 Cardinal, is mentioned in 3 Turner's 
 Engl., ch. 12, p. 58 of edi. 1825, and 
 remarked on in 3 Stubbs's Const. Hist., 
 ch. 18, p. 138, note 2. 
 
 "»5 Lingard's Engl., ch. 2, p. 124, 
 
 and notes ; Foss's Biogr. Jurid. 
 
 '20 3 Stubbs's Const. Hist., ch. 8, 
 p. 138. " He had, indeed, been too- 
 rich for his own fame : Henry, when 
 the Bishop's executors offered him a sum 
 of;£'2,ooo from the residue, put them, 
 aside, saying, ' My uncle was very dear 
 to me, and did much kindness to me 
 whilst he lived; the Lord reward him. 
 do ye with his goods as ye are bounden ;. 
 I will not take them.' Henry spoke the 
 truth ; Beaufort had been the mainstay of 
 his house. For fifty years he had held 
 the strings of English policy, and done 
 his best to maintain the welfare and 
 honour of the nation. That he was am- 
 bitious, secular, little troubled with 
 scruples, apt to make religious persecu- 
 tion a substitute for religious life and 
 conversation; that he was imperious,, 
 impatient of controul, ostei)tatious, and 
 greedy of honour; — these are faults- 
 which weigh very lightly against a great 
 politician, if they be all that can be said 
 against him. It must be remembered, in 
 favour of Beaufort, that he guided the 
 helm of State during the period in which 
 the English nation tried first the great 
 
796 Reign of Henry VI [tit. vi 
 
 jr8. Of the Masters of the Rolls from 14.38: John Stopindon till 
 144J ; and then Thomas Kirkeby till the end of the reign. 
 
 John Stopindon'^^^ was appointed Master of the Rolls on Nov. 13, 
 1438."'' 
 
 Thomas Kirkeby^'^ probably came into possession of the Master- 
 ship of the Rolls before May 25, 1447;"' but after his predecessor's 
 death obtained a new patent dated Jan. 26, 1448, with a grant to him 
 ioY life.''' 
 
 ig. Chancellor Stafford opetied Parliaments in 1448 and 1449. Intel- 
 ligence, learning and caution exhibited by him during his long 
 chancellorship. He retired froin it in January, 1450, and was 
 succeeded by John Kempe, archbishop of Canterbury. 
 
 John Stafford, Archbishop of Canterbury, was Chancellor of Eng- 
 land, when, on April 30, in 26 Hen. VI (1448) there was a writ 
 allowing Thomas Asshecombe, " one of the eight eleemosynary 
 clerks, to marry, and granting him certain other privileges."'^ He 
 declared the cause of the Parliament in 27 Hen. VI, " on Wednesday, 
 Feb. 12 '""(1448-9). There being in the Upper House a contro- 
 
 experiment of self-government with any Colchester. Foss's Biogr. Jurid. 
 approach to success ; that he was raerci- ^'■'^ In his patent on this occasion spe- 
 ful in his political enmities, enlightened cial reference is made to his services to 
 in his foreign policy ; that he was de- the last two Kings in France and Nor- 
 votedly faithful, and ready to sacrifice his mandy. He became archdeacon of Dor- 
 wealth and labour for the King; that, set on July 19, 1440; was employed in 
 from the moment of his death, -every- Dec, 1440, as one of the commissioners 
 thing began to go wrong, and went to conclude a treaty of alliance with 
 worse and worse until all was lost. If the ambassadors of the archbishop of 
 this result seems to involve a condemna- Cologne, and died about April, 1447. Id. 
 tion of his policy, it only serves to I'^'One of the Masters in Chancery 
 enhance the greatness of his powers and from 18 Hen. VI (1439), when he re- 
 fidelity. But his policy, so far as it was ceived a grant of the office of Master of 
 a policy of peace and reconciliation, is the Rolls in reversion after the death of 
 not condemned by the result. It wss John Stopindon. Id. 
 not the peace but the reopening of the ^^i When Stopindon's successor in the 
 strife that led directly to ruin." Id., archdeaconry of Dorset was collated. Id. 
 p. 139. "5/(i. 
 
 i''! One of the Masters in Chancery in '* Orders in Chancery by Sanders 
 
 10 Hen. VI, and Keeper of the Hanaper (Appendix), pp. 1029, 1030. 
 
 in 1 1 Hen. VI. In this year he was, on ^^' " In the presence of the King, sit- 
 
 May 19 (1433), appointed archdeacon of ting in the Chair of Estate, in the 
 
CH. XXIV.J 
 
 1422 TO I461. 
 
 79T 
 
 versy between the Earls of Arundel and of Devonshire as to seats, 
 places and pre-eminence, opinions were given thereupon."* Of this 
 parliament's ordinances and statutes ^^ the fifth chapter is in i ' Stat- 
 utes Revised.'"" 
 
 In 28 Hen. VI, after Parliament was summoned for Nov. 6, it was 
 repeatedly prorogued.'" March 30, 1450, is mentioned as the day on 
 which it "adjourned to Leicester for April 29"; afterwards "it sat 
 until May 17.""^ Its ordinances and statutes are in 'Statutes of the 
 Realm.' w' 
 
 " Thoughout his lengthened possession of the Great Seal,'" Arch- 
 bishop Stafford was allowed to have exhibited that learning and cau- 
 tion and intelligence which were to be expected from his early 
 character and his long experience.'' 
 
 " Whether induced by the consciousness of increasing infirmities, 
 or dreading the storm then collecting against the Duke of Suffolk, or 
 forced by the dissatisfaction of the people with the terms of the 
 
 Chamber afe Pinct, in the palace of 
 Westminster, and of the Lords and 
 Commons." Cotton's Abr., p. 637, 
 No. I. On February 15 the Commons 
 presented John Day, Esq., to be their 
 sp.eaker. Id., p. 638, No. 7. 
 
 April 4, " the Chancellor, by the King's 
 commandment and assent of the Lords, 
 prorogued the. Parliament" until Wed- 
 nesday, May 7, at Westminster. Id., 
 No. II. 
 
 May 30, "for that the plague reigned 
 in London and Westminster, the Chan- 
 cellor, as afore, prorogued the Parlia- 
 ment" unto June 16 at Winchester. Id., 
 No. 13. 
 
 i2«i3Rep., 63. 
 
 "»2 Stat, of the Realm, p. 345 to 352. 
 
 isoEdi. 1870, p. 347 to 349. 
 
 131 « jn presence of the King, sitting in 
 the Chair of Estate, in the Chamber 
 de Pinct, within the palace of West- 
 minster and of the Lords and Commons, 
 John, Archbishop of Canterbury, de- 
 clared how that the King had really 
 prorogued the same Parliament in Lon- 
 don for avoiding the infectious air of 
 Westminster, wherefore he willed the 
 
 Commons to choose, and the next day to 
 present to the King their speaker.'' 
 Cotton's Abr., p. 640, No. i . 
 
 On Saturday, Nov. 8, "the Com- 
 mons presented to the King Sir John 
 Popham, Knight, to be their speaker." 
 His excuse was received (Id., No. 6); 
 and " the same day the Commons pre- 
 sented to the King William Tresham, to 
 be their speaker, who, with the common 
 protestation, was allowed." Jd., No. 7. 
 " Dec. 4, the Parliament was adjourned 
 from London to Westminster," to be 
 holden the next day." Id., No. 8. 
 
 Dec. 17, " the Archbishop of Canter- 
 bury, Chancellor of England, in the 
 presence of the King, gave thanks on 
 his behalf to the three estates, and pro- 
 rogued the Parliament from the said day 
 unto the twenty second of January, next 
 ensuing, at Westminster." Id., No. 9. 
 
 "23 Stubbs's Const. Hist., ch. 18, 
 p. 143, note 4. 
 
 133 Vol. 2, p. 353 to 357. 
 
 134 He remained in the Chancellorship 
 uninterruptedly for eighteen years, want- 
 ing thirty-two days. Foss's Biogr. Jurid. 
 
798 
 
 Reign of Henry VI 
 
 [tit. VI 
 
 peace with France, for which he, with the other ministers would be 
 deemed responsible, he resigned the office of Chancellor." ^^^ 
 
 Though /o/m Kempe, Archbishop of York, had resigned the Great 
 Seal in 1432, yet he had continued industriously to attend the coun- 
 cil. In 1439, he was one of the ambassadors to treat for peace with 
 France; and was, in December made cardinal priest by the title of 
 St. Balbina."* In January, 1450, after Suffolk's speech,"' is the fol- 
 lowing : 
 
 Jan. 22, " the Chancellor was discharged, and John, the Cardinal, 
 Archbishop of York, was appointed Chancellor by the King."'^^ 
 
 It was a period of great trouble ; "' and it was too late to restore 
 the King's fortunes."" 
 
 In that year Queen Margaret was trying to promote the fortunes 
 of 'her trusty and well beloved Squier, Thomas Burneby'rit was in 
 1450 that she wrote from Eltham 'to Dame Jane Carew,' a wealthy 
 widow, recommending Burneby's suit.'" 
 
 "5 /a'. ise/a-. 
 
 i"3 Turner's Engl., ch. 13, edi. 1825, 
 pp. 69, 70; Cotton's Abr., p. 641, Nos. 
 
 14. IS- 
 
 ^'8 Id., No. 10. Stafford " lived a lit- 
 tle more than two years after his retire- 
 ment, and dying at his palace at Maid- 
 stone on July 6, 1452, was interred in 
 Canterbury Cathedral." Toss's Biogr. 
 Jurid. 
 
 '^'Jan. 26, "the Commons require 
 that the Duke" (of Suffolk) "for his 
 confession might be committed to ward ; 
 the Lords and Justices upon consultation 
 thought there was no good cause unless 
 some special matter were objected 
 against him.'' Id., No. 16. 
 
 Jan. 28, " the Speaker declared how 
 the Duke of Suffolk (as it was said) had 
 sold this Realm to the French who had 
 prepared to come hither; and that the 
 same Duke, for his own defence, had 
 
 furnished the castle of Wallingford with 
 all warlike munition ; upon whose re- 
 quest the said Duke was _then committed 
 to the Tower of London." Id., No. 17. 
 
 The articles against the Duke of Suf- 
 folk, and the proceedings and judgment 
 thereupon are, in Id., p. 641 to 644, No. 
 18 to S3; and in i State Tr., p. 272 to 
 275. Mr. Stubbs's statement thereof is in 
 3 Const. Hist., ch. 18, p. 144 to 149. 
 " On the 2d of May'' Suffolk " was be- 
 headed by the crew of a ship which had 
 been waiting to intercept him." Id. ; 
 citing Paston Letters, edi. Gairdner i, 121, 
 122, 124, 126. The letter of May 5, 
 1450, from Wm. Lomner to John Pas- 
 ton (as to the beheading) is in Engl. 
 Letters (Scoones's), edi. of 1880, pp. 1,2. 
 
 i*»3 Stubbs's Const. Hist., ch. 18, 
 p. 144. 
 
 "lEngl. Letters (Scoones's), edi. 1880, 
 pp. 7,8. 
 
"CH. XXIV.] 1422 TO 1461. 799 
 
 2o. How Henry {precociotis rather than strong in mind, and over- 
 worked from childhood'), broke down. In 14.50 his incapacity 
 for government proved. Now Richard, Duke of York, becomes 
 prominent. 
 
 Henry "had been very early initiated in the forms of sovereignty. 
 Before he was four years old he had been brought into the painted 
 chamber to preside at the opening of parliament, and from that time 
 had generally officiated in person on such occasions. Before he was 
 «ight, he was crowned King of England, and, as soon as he was ten, 
 King of France. At the age of eleven he had had to make peace 
 between his uncles of Bedford and Gloucester." — " Under the teaching 
 of Warwick he had learned knightly accomplishments ; Gloucester 
 had pressed him with book-learning ; Beaufort had instructed him in 
 government and diplomacy. He was a somewhat precocious scholar, 
 too early taught to recognize his work as successor of Henry V." — 
 "At the age of fifteen he was hard at the work which had overtasked 
 the greatest kings that had reigned before him and which is undone 
 still. In the work of the universities, like Duke Humfrey himself he 
 was as early interested; his foundations at Eaton and Cambridge 
 were begun when he was eighteen and watched with the greatest care 
 as long as he lived." ^*' — "Weak in health — for had he been a boy of 
 average strength he would have been allowed to appear in military 
 affairs as early as his father and grandfather had appeared — and 
 precocious rather than strong in mind, he was over-workea from his 
 childhood, and the over-work telling upon a frame in which the 
 germs of hereditary insanity already existed, broke down both mind 
 and body." — His coming of age did not much affect his actual posi- 
 tion. " He had long been recognized as the depositary of executive 
 powers which were to be exercised by the council; he continued 
 under the influence of the cardinal, from whom he had learned the 
 policy of peace, though he had not learned the art of government." "' 
 
 In 1450, after Suffolk's death, was the rebellion of John Cade and 
 the Kentish men.'" Mr. Stubbs says : 
 
 "This event which, more than anything else in Henry's reign 
 
 '■" 3 Stubbs's Const. Hist., ch. 18, estates." Cotton's Abr., p. 630. 
 p. 129. Among the proceedings of the 22. "The like Letters Patents of the 
 Parliament of 23 Hen. VI are the fol- Kings, made for the erection and dona- 
 lowing : tion of the college in Cambridge, are 
 
 No. 21. "The King's Letters Pat- confirmed." Id. 
 
 ents of the erection and donation of the ^" 3 Stubbs's Const. Hist., pp. 130, 131. 
 
 college of Eaton, founded anno 20 H. ^"5 Collyer's Engl., edi. 1775, p. 125, 
 
 VI, with all the lands and liberties then etseq.; 2 Hume's Engl., ch. 21, p. 424, 
 
 and now granted, and especially de- etseq., oi N. Y. edi. 1850 ; 5 Lingard's 
 
 blared and confirmed by the whole Engl., ch. 2, p. 137, ^/ j«^. 
 
800 Reign of Henry VI [tit. vr 
 
 proves his utter incapacity for government, serves also to shew how 
 helpless the removal of Suffolk had left him. Of the two men who 
 would most naturally have taken the lead in council, the Duke of 
 Somerset was in France, the Duke of York was in Ireland. The 
 Lord Say and Sele, who was one of the special objects of popular 
 hatred, was the King's treasurer. Cardinal Kemp, the Chancellor, 
 was scarcely Jitter than Henry himself to deal with an armed 
 mob."^'" 
 
 "The King was obliged to send the treasurer to the Tower, 
 either to appease the mutineers, or to save the minister. Deserted 
 by his army, the unhappy King retired to Kenilworth ; the mayor 
 and citizens of London offered to stand by him, but Henry had no 
 confidence either in them or himself On his departure the rebels 
 returned ; Cade entered London on the 3d of July, and on the 4th 
 the treasurer was seized and beheaded. On the 5th, in a battle on 
 London bridge, the rebels were defeated, and the city freed from 
 their presence. The Chancellor then offered pardons already sealed 
 to Cade and his followers. The pardons were accepted ; the rebels 
 dispersed; Cade to plunder and ravage, the more honest followers 
 to their own homes." — "Anarchy was spreading from the moment 
 that Henry was seen to be incompetent." "^ — " The administration 
 of justice was sound, but the power of enforcing justice was to 
 some extent wanting,"'" 
 
 "It is now that Richard, Duke of York, first comes prominently 
 on the stage. He was about forty years of age, and had been for 
 fifteen years in public employment as regent of France or lieuten- 
 ant of Ireland. In both capacities he had shewn great ability.""* — 
 "Now that Somerset and the policy which he supported had be- 
 come odious, the nation looked kindly on the one sound adminis- 
 trator left."'** — "But York's position was too full of danger to the 
 crown to make it possible to lodge the administration in his hands ; 
 whilst in his own estimation it was such, as entitled him to nothing 
 lower than the first place in court and council." — " It was a race who 
 should come home first and take the kingdom in hand. York seems to 
 have reached England before his rival, but Somerset had a strong ally 
 in the Queen; and he was not far behind. The capture of Cherbourg, 
 on the 1 2th of August, set him free from all duty in Normandy, on 
 the nth of September he was made High Constable of England. 
 Before this the duke of York had visited the king." — " He urged 
 the calling of a new parliament ; and on the 5th of September a sum- 
 mons was issued."™ 
 
 21. Parliament of 2g Hen. VI {1450) opetied by Chancellor Kemp; 
 
 its proceedings. 
 
 In 29 Hen. VI, " on the feast of St. Leonard" (Nov. 6, 1450), 
 
 "63 Stubbs's Const. Hist., ch. 18, i"Jd, p. 155. ^''^ Id.,^. \e)T,. 
 
 p. 150. "« Jrf., p. 152. i«Id., p. 155. «o j^ _ p ,55 to 157. 
 
CH. xxiv.J 1422 TO 1461. 801 
 
 "John, the Cardinal, Archbishop of York and Chancellor of Eng- 
 land," '^^ declared the causes for which "Parliament was called." 
 After the Commons had chosen their speaker, "^ but little was done 
 before the prorogation of Parliament to Jan. 20.'^^ Mr. St.ubbs says : 
 
 " The election of speaker at once showed that York's attempt to 
 influence the elections had been successful; the choice of the com- 
 mons fell on Sir William Oldhall, his chamberlain and counsellor, 
 one of the allies, who had been only prevented by arrest from meet- 
 ing him when he landed. The proceedings of the session were be- 
 gun by an altercation between the two dukes, the one supported by 
 the commons, the other by the court and council. During the ses- 
 sion parliament was supreme; Somerset was arrested on the ist of 
 December, his equipage bemg plundered by the mob. On the i8th 
 the parliament was prorogued, and immediately after Christmas 
 Somerset was made captain of Calais."'^' 
 
 "On the meeting of parliament, January 20, 1451, the struggle was 
 renewed. Henry plucked up spirit to reject a petition, that Suffolk 
 might be declared a traitor, but he was obliged to receive another, 
 in which the commons demanded that he should remove from court 
 the duke of Somerset, the duchess of Suffolk, the lord Dudley, the 
 bishop of Lichfield, and the abbot of Gloucester,"^ with several 
 knights and gentlemen. The king refused to dismiss the Lords, 
 but consented to the removal of the rest for a year.^^ This was itself 
 no small triumph; Dudley and the Abbot of Gloucester were ex- 
 cluded from the council ; and Somerset's position became still more 
 
 "5' " In the presence of the King (sit- of Somerset, Alice Poole, late the wife of 
 
 ing in the Chair of Estate in the Cham- William Poole, late Duke of Suffolk, 
 
 ber de Pinct, within the palace of West- William, Bishop of Chester, Sir John 
 
 minster), Lords and Commons." Cot- Sutton, Knight, Baron of Dudley." 
 
 ton's Abr., p. 646. After twenty-six other names, of which 
 
 1=2 "On Monday, Nov. 19, "the Com one is Reynold, Abbot of St. Peters, in 
 
 TOons presented to the King Sir William Gloucester county, and another is Lord 
 
 Oldhall, Knight, to be their speaker Hastings, the prayer is that they " be 
 
 who with the common protestation was abandoned from the King's presence 
 
 allowed." Id., p. 646, No. 6. _ during their lives, and not- to come 
 
 '^ Jc?., t'. 646. Nos. 8 and 9 are as to within twelve miles of the court, for 
 
 the murder of William Tresham, Esq. that the people speak evil of them." 
 Cec. 17, "the Chancellor, in the presence ^^*3 Stubbs, pp. 158, 159. In Cot- 
 
 of the King and of the three Estates," ton's Abr., p. 647, the response is : 
 
 prorogued the Parliament unto Jan. 20. "The King, of his mere motion, is con- 
 
 Id., No. 10. tented that all shall depart, unless they 
 
 '"3 Stubbs's Const. Hist., ch. 18, be Lords, and a few of them whom he 
 
 p. 158. may not spare from his person, and they 
 
 '°'J(i., pp. 158,159. In Cotton's Abr., shall so continue for one year, to see if 
 
 p. 647, No. 16, begins thus: "The Com- any man can duly improve them." 
 mons pray the King that Edmond, Duke 
 
 51 
 
802 Reign of Henry VI [tit. vi 
 
 critical. Thomas Yonge, the member for Bristol, ventured to pro- 
 pose that the duke of York should be declared heir to the crown. 
 Little was done, however, in the parliament which sat until April 19, 
 and met again on May 5.'^' 
 
 The statute of this parliament of 29 Hen. VI (1450") is in 2 Stat, 
 of the Realm, p. 357 to 359. 
 
 22. Result of the parliament of 2g Hen. VI. Transfer in 1^52 of 
 Kempe from the Archbishopric of York to that of Canterbury. 
 Additional rank granted him by the pope. By whom in the 
 absence of Chancellor Kem,pe, parliament was opened in ji 
 Hen. VI{i4^2-ji). The chancellor died in March, 1453. His 
 character. Proceedings a7id statute of this parliatnent; espe- 
 cially as to jurisdiction in cha7icery. Under ch. 4. 'the chancery 
 had adfniral Jurisdiction.' 
 
 The result of the Parliament of 29 Hen. VI " was to shake but 
 not to overthrow Somerset. He retained his influence with both 
 king and queen; the unpopular abbot of Gloucester had already in 
 December been made bishop of Hereford ; Thomas Yonge was sent 
 to the Tower.'"'' 
 
 In 1452 " the policy and influence of Somerset were still supreme. 
 Archbishop Kemp was transferred in fuly from York to Canter- 
 bury."'"' 
 
 In March 31 Hen. VI (1452-3), "William, bishop of Lincoln, in 
 the absence of fohn, Archbishop of Canterbury, Chancellor of Eng- 
 land, by the King's commandment, declared the cause of the Par- 
 liament.""" 
 
 '"In Cotton's Abr., p. 446, No. II, is: ter prases, et bis cardine functus! 
 
 " The twenty ninth day of April the Foss's Biogr. Jurid. 
 
 Parliament was likewise prorogued from '^ " In the presence of the King, sit- 
 the same day unto the fifth of May, then ting in the Chair of Estate in the Cham- 
 ensuing at Westminster." ber of Refectory, within ' the abbey of 
 
 1^3 Stubbs's Const. Hist., ch. 18, Reding and of the Lords and Com- 
 
 p. 159. mons.'' Cotton's Abr., p. 649. It is 
 
 ^^ /d., p. 162. "On this translation more probable that the day was the 6(A 
 
 the Pope granted him the rank of car- of March, as stated in 13 Rep. 63, and 
 
 dinal bishop by the title of St. Rufina; 3 Stubbs, p. 163, than the seventeenth, 
 
 and he had the satisfaction of receiving as printed in Cotton's Abr. For, in the 
 
 the cross and the pall at the hands of his latter, the eighth is mentioned as the 
 
 nephew, Thomas Kempe, then bishop day on which the Commons presented 
 
 of London," who "is said to have their speaker, 
 penned this hexameter: — 'Bis primus. 
 
CH. XXIV.] 1422 TO 1461. 803 
 
 "The place" (Reading) "was probably selected as one free from 
 the York influence, which was strong in London ; and the election of 
 the Speaker shewed that the Duke" (of York) "was not hkely to 
 have his own way in the assembly. The choice fell on Thomas 
 Thorpe, a knight of the shire for Essex," who had been remem- 
 brancer "of the Exchequer," and "who was strongly opposed to 
 him."^«' 
 
 The days printed in Cotton's Abr. as those from and to which 
 prorogations were made^*''' do not always agree with what is stated 
 by Mr. Stubbs.'^ 
 
 "During the autumn "(of 1453) "the King was attacked by illness 
 which very soon produced a total derangement of his mental powers 
 and made him for the time an idiot."'** 
 
 "The King's illness increased and it was the urgent business of 
 the council to provide for the interrupted action of the executive. 
 On the 2ist of November a great council was held for the purpose of 
 securing peace in the land, and to this the duke of York, who seems 
 at first not to have been properly summoned, was called up by special 
 letters. In this invitation Somerset did not join, and the invitation 
 itself probably implies that the council was now inclined to accept 
 the services of his rival." — "The arrest and imprisonment of" Somer- 
 set " followed in December." '"^ 
 
 "'3 Stubbs, p. 163, and note 3. place and day the Parliament was pro- 
 
 162 "The eighteenth day of March, rogued, John, the Cardinal, Archbishop 
 
 after thanks given to the Lords by the °^ Canterbury and Chancellor of Eng- 
 
 ir- I.- ir T 1 .1 ^ ,■ , . , \&i\a., by his Letters Patents, rehearseth 
 
 King himself, John, the Cardmal, Arch- the beginning and prorogation of the 
 
 bishop of Canterbury and Chancellor of Parliament, and adjourneth the same 
 
 England, by the King's commandment from the day aforesaid to the eleventh 
 
 prorogued the Parliament from the day ^^y °*' February then ensuing, at West- 
 
 r J J . r T, J- , minster." Id., No. 22. 
 
 aforesaid and town of Reding to the ,. xhe eleventh day of February, at 
 
 twentieth day of April, then ensuing, at Reding aforesaid, John, earl of Worces- 
 
 Westminster." Cotton's Abr., p. 650, ter and Treasurer of England, by the 
 
 No. 12. "After the words spoken to ^'"S'^ ^^"/'''^ Patents, prorogued the 
 
 ^, „ , ^, „. , . Parliament from the day and place afore 
 
 the Commons by the King (viz: we j^id to the fourteenth day o'f the same 
 
 thank you for your grants, for the which month at Westminster." Id., pp. 650, 
 
 ie ye assured we will be a good and gra- ^S'j No. 23. 
 
 «oaj Zoya? aK^o j/oa), John, the Cardinal, ,,, ^ /-. tt. , „ 
 
 A,.hh;c,,„„ „f rJ.L,^, ,^A n^^^^J ^ I" 3 Const. Hist., ch. 18, pp. 163, 
 
 Archbishop of Canterbury and Chancel- 
 lor of England, the second day of July, 
 
 164. 
 
 by the King's commandment, prorogued ''*^^-' P" '^4- Octo. 13, 1453, was 
 
 the Parliament from the day" aforesaid *^ ^^^ °^ *^ ^^"^^ °f Edward, Prince 
 
 unto the seventh day of November at °'' '^^^^^' ^'^■' ^ Mackintosh's Engl., 
 
 Reding." Id., No. 20. ^^'^^- ^^'- '^3i, P- 21. 
 
 "At Reding, the twentysecond of '^ 3 Stubbs, pp. 164, 165. 
 
 November, in the 32 H. VI, to which 
 
804 Reign of Henry VI [tit. vr 
 
 Feb. 14 (1453-4), "Richard, duke of York, by the King's Letters 
 Patents of precedency, presideth in the same Parliament." '* 
 
 " He was already in possession of supreme power, though not yet 
 nominally regent; the influence of Somerset in the council was par- 
 alyzed by his arrest." — "The house of Commons in vain demanded 
 the release of their Speaker."— They "had to make the best of it.""' 
 
 Feb. 10, " Certain of the Commons were sent to the Lords to make 
 declaration how they had newly chosen (in the place of Thomas 
 Thorp) Thomas Charlton, Knight, to be their Speaker; the Chancel- 
 lor answered, the King liked him and willed them to proceed with 
 effect." '^» 
 
 On Tuesday, March 19, there was a message from the Commons 
 to the Lords, part of which was " that a grave council may be ready 
 to answer air';"** or in another's language, "that the promise which 
 the Chancellor had made at Reading, to appoint a sad and wise 
 council, might be fulfilled." If the chancellor replied "promising a 
 good and comfortable answer," "that answer he did not live to 
 furnish." 
 
 "He died three days after,""" on the 22d of March. He was 
 about seventy-four, a man of great experience, moderation and 
 fideUty; the friend and coadjutor of Beaufort, and yet thoroughly 
 respected by tlje opposite party. He knew, however, that he himself 
 must be the next victim ; the duke of Norfolk, the pliant agent of 
 the duke of York, had already begun to threaten him, and his death 
 may have been hastened by the alarm and excitement." "' 
 
 'OS Cotton's Abr., p. 651, No. 24. i"3 Stubbs, 166. " His name is still 
 
 '*'3 Stubbs, pp. 165, i66; 13 Rep. 64; remembered in the University of Ox- 
 
 I Mackintosh's Engl., Phila. edi. 1831, ford, to the schools of which, as well as. 
 
 p. 24. " The Duke of York came be- to his own college, he was a munificent 
 
 fore the House of Lords and showed benefactor. He beautified the collegiate 
 
 how the Duke" of York in the vacation church of Southwell, and rebuilt that of 
 
 had recovered damages in an action of his native parish Wye, where he erected 
 
 trespass against the said Thorp by ver- a tomb to his parents, and, in 1447^ 
 
 diet in the King's Exchequer, for carry- endowed a college of secular priests for 
 
 ing away the goods of the said Duke of the celebration of divine service and the 
 
 York out of Durham House, for the instruction of youth, calling them the 
 
 which he remained in execution, and provost and fellows of St. Gregory and 
 
 prayeth that he may continue the same.'' St. Martin. This establishment was 
 
 Cotton's Abr., p. 651, No. 26. dissolved with the other religious houses 
 
 i68/</., No. 29. under Henry VIII; but the buildings 
 
 "' I Cotton's Abr., p. 651, No. 30. have been since devoted to the purposes. 
 
 ""3 Stubbs, 166. "On the 22d of of parish education with part of the 
 
 March," Id. ; or, on the 23d. 3 Tur- original endowments." Foss's Biogr. 
 
 ner's Engl., ch. 18, edi. 1825, p. 193. Jurid. 
 
CH. xxiv.J 1422 TO 1461. 805 
 
 The statutes of this Parliament at Reading are in nine chapters ; 
 whereof several'" mention the Chancery. Ch. 2 has the proviso 
 "that no matter determinable by the law of this realm shall be by 
 the said act determined in other form than after the course of the 
 same law in the king's courts having determination of the same 
 law.""" Ch. 4 has in the margin (of 2 Stat, of the Realm, pp. 363, 
 364) this statement: "The chancellor, &c., may give redress for inju- 
 ries done at sea or in any port to aliens in amity or with safety 
 ■conduct." That "this court hath an admiral jurisdiction" was de- 
 clared by the Lord Chancellor Nottingham."* He said in 1682, 
 " Though the bar were not so well apprized of it, yet the Chancery 
 had admiral jurisdiction by the statute of 31 H. VI.""* 
 
 The statements in the margin of ch. 9 of stat. 31 Hen. VI import 
 •as to " abuses in compelling women to be bound by obligations or to 
 marry against their liking," that " the party so compelled to become 
 bound may sue a writ out of chancery to summon the persons com- 
 plained of"; and that "the chancellor, &c., may examine into the 
 ■complaint and do justice." 
 
 .25. By reason of the King's condition in March 32 Hen. VI {14^^-4), 
 the Duke of York appointed Protector. Richard Nevill, earl 
 of Salisbury, made Chancellor. Curious commencement of his 
 judicial career. 
 
 In parliament, quickly after Chancellor Kempe's death, there were 
 ;such proceedings as are mentioned below ."° 
 
 "^2 Stat, of the Realm, p. 361 to 363, touching two articles. The first, to 
 
 ch. 2; pp. 363, 364, ch. 4; p. 367 to know who should be Archbishop of 
 
 , , Canterbury, and who Chancellor of 
 
 3 9. c . 9. England in place of John Kemp, by 
 
 "3 4 Inst., 84; 2 Reeves's Hist, of whose death the King was to dispose of 
 
 Engl. Law, ch. 20, edi. 1869, p. 535. them? The second, to know whether 
 
 "*In 31 Car. 2 (1679), Denew, &=€. certain being named to be of the council 
 
 „ . , „ T. 17- u o liked him or no ? The said Lords, mes- 
 
 TT. Stock, Rep. Temp. Finch, 438. ^^^^^^^^ ^^^ twenty-fifth of March, report 
 
 "5 The King v. Carew, i Vern., 54 ;^ to all the Lords how they had been with 
 
 S. C. {^Rex V. Carew), 3 Swanst. Ch. R., the King at Windsor, and after three 
 
 •670, cited in I Spence's Eq., 703. See several repairs and earnest persuasions 
 
 , , „ o with the King, they could bV no means 
 
 also ch. 21, ? 8, pp. 732, 733- have answer or token of answer; only 
 
 "6 "Certain Lords by name were ap- tli^y said the King was sick." Cotton's 
 
 pointed to go to the King lying sick at Abr., p. 651, Nos. 31, 32, 33. 
 Windsor, and to know his pleasure 
 
806 Reign of Henry Vi [tit. vi 
 
 "A message sent by the Lords to enquire the royal pleasure as to 
 the appointment of a new archbishop and a new chancellor, revealed 
 unmistakably the present condition of the King. It was impossible 
 to attract his attention or to get a word from him. On the 23d a 
 committee of the Lords visited him at Windsor; on the 25th they 
 reported the failure of their mission. Nothing now could be done 
 without the appointment of a regent. On the 27th the Lords chose 
 the Duke of York to be protector and defender of the realm.""' 
 
 After articles, which the Duke required to be enacted, and answers 
 thereto,"' 
 
 "The King by his Letters Patents appointeth the said Duke to be 
 his Chief Counsellor, Protector and Defender of this realm at the 
 King's will, and as unto such time as Edward the Prince shall come 
 to the age of discretion ; the which the Duke in full Parliament took 
 on him to perform.""' 
 
 One of the Duke's first acts was to invest Richard Nevill^^ earl of 
 Salisbury, with the office of Chancellor. In that character he is 
 named in an ordinance dated March 30, 1454 (Rot. Pari, v, 450). 
 But the Great Seal was not delivered to him till April 2. This 
 officer — the only lay chancellor in the reign of Hen. VI — had not 
 such attainments or experience as should generally be looked for to 
 fill the chancellorship; but he had some distinction in the wars. 
 His commencement of a judicial career was curious : on the next 
 day after receiving the Great Seal, he was the first named of five 
 lords appointed to ' entende w ith all diligence to them possible, to 
 
 ^"3 Stubbs's Const. Hist., ch. 18, two sons; the elder succeeding to his 
 
 p. 166. honours. By his second wife, who was 
 
 >™ Cotton's Abr., p. 652, No. 34 to 37. Joane, daughter of John of Gaunt (duke 
 
 ^''^ Id., No. 38. "The like Letters of Lancaster), and Catharine Swinford,. 
 
 Patents are made to Edward, the Prince, he had eight sons, the eldest of whom 
 
 as anno I H. VI, tit. 25, with the yearly was this Richard Nevill, born about 
 
 fee of 2,000 marks only, besides allow- 1400. He married Alice, the only 
 
 ance for riding and such other exploits ; daughter of Thomas de Montacuto, earl of 
 
 provided the same be not prejudicial to Salisbury, and upon her father's death, 
 
 any grant made to Margaret, Queen of in 1428, had a grant of the title for his 
 
 England." Id., No. 39. life. Engaged from his earliest youth 
 
 '*> Ralph Nevill, the'first earl of West- in the profession of arms, he had service 
 
 moreland, had two wives and twenty- with considerable personal distinction irk 
 
 two children. By his first wife he had the French wars. Foss's Biogr. Jurid. 
 
CH." XXIV.] 
 
 1422 TO 1461. 
 
 807 
 
 the saufgarde and kepyng of the sea,' for the resistance of the king's 
 
 enemies. 
 
 m 
 
 On March 15 "the infant prince was created prince o^ Wales." '^'^ — 
 " Provisions made by the King for his Queen '^' and for his two half- 
 brothers^^* were confirmed." — "The duke of York was made cap- 
 tain of Calais."'^ 
 
 24. The King sane at Christmas, 14^4. In March, 145s, the earl of 
 Salisbury removed from, and Thomas Bourchier archbishop of 
 Canterbury appointed to, the chancellorship. Effect of battle at 
 St. Albans in May. 
 
 "The King was sane at Christmas " (1454); " and recognized his 
 little son for the first time on the 30th of December." '*° — " On the 5th 
 of February Somerset was released."^" On the 7th of March, 1455, 
 the earl of Salisbury was removed from, and Thomas Bonrchier,^'^ 
 
 '^ Foss's Biogr. Jurid. " Richard, earl 
 of Salisbury, John, earl of Shrewsbury, 
 John, earl of Worcester, James, earl of 
 Wiltshire, and the Lord Sturton, are 
 appointed to keep the Seas; to whom is 
 appointed for three years tonnage and 
 poundage granted in the last parlia- 
 ment." 'Cotton's Abr., p. 652, No. 40. 
 In the parliament of July, 33 Hen. VI 
 (1455), is this: "At the request of the 
 Earls of Salisbury, Shrewsbury and 
 Worcester, and of the Lord Sturton, 
 they were discharged" from keeping of 
 the Seas." Id., p. 657, No. 27. 
 
 i** Id., p. 653, No. 47. 
 
 1^ Id., p. 654, Nos. 58 and 59. 
 
 '" Id., p. 653, No. 49 to 52. 
 
 '^^Id., p. 653, No. 53; 3 Stubbs's 
 Const. Hist., ch. i8, p. 168, note 6. 
 No attempt was made in parliament to 
 bring Somerset to trial; he remained in 
 prison, as did the Lord Cobham, who was 
 in disgrace as a partizan of York's. Id. 
 
 ^^ Mentioned in letter of Jan. 9, 1455, 
 
 from Edmund Clere to John Fasten. 
 Engl. Letters (Scoones's), edi. 1880, 
 p. 5; 3 Stubbs's Const. Hist., ch. 18, 
 p. 170. 
 
 1^' On giving sureties that he would be 
 present for trial on the 3d of November. 
 On the 6th of March he was restored to 
 the captaincy of Calais. Id., p. 170. 
 
 1^8 Great grandson of Sir Robert de 
 Bourchier (mentioned in ch. 19, \ 23, 
 p. 570), through his younger son, Wil- 
 liam, whose son, also named William, 
 was created earl of Ewe, in Normandy, 
 by Henry V, and married Anne, daugh- 
 ter of Thomas of Woodstock (duke of 
 Qloucester, sixth son of Edward III), 
 and widow of Edmund, earl of Stafford- 
 Their eldest son, Henry, was created 
 earl of Essex in 146 1 ; and their second 
 was the Thomas named in the text. 
 
 Soon after his father's death, in 1420, 
 he became a student in Nevill's Inn at 
 Oxford. In 1433 he was admitted to 
 the deanery of St. Martin's, London; 
 
808 Reign of Henry VI [tit. vr 
 
 archbishop of Canterbury, was appointed to, the office of Chan- 
 cellor; and on the 15th James Butler, earl of Wiltshire, was made 
 treasurer. 
 
 "A great council was then called to meet at Leicester to provide 
 for the safety of the King; and the partisans of York were no 
 longer summoned to attend the ordinary councils. The Duke could 
 scarcely allege that such measures were unconstitutional or unprece- 
 dented, for they were in close analogy with his own policy of the 
 previous year. He saw that they must be met by a resistance backed 
 with armed force. With the Nevilles he collected his forces in the 
 north and marched towards London." '*' 
 
 At St. Albans,™ where the two parties met on the 22d of May, 
 negotiation was tried in vain. 
 
 "A battle followed in which the duke of Somerset, the earl of 
 Northumberland, the earl of Stafford, son of Buckingham, and the 
 lord Clifford, on the King's side, were slain, and he himself was 
 wounded. Although in itself little more than a skirmish which 
 lasted half an hour, and cost comparatively litde bloodshed, the first 
 batde of St. Alban's sealed \hQ. fate of the kingdom; the duke of 
 York was completely victorious ; the King remained a prisoner in 
 his hands.'"" 
 
 On the 26th of May, the King summoned parliament to meet in 
 July."^ 
 
 and in November is recommended for and thus attained the highest ecclesiasti- 
 
 election to the See of Worcester; the cal dignity in the kingdom; within a 
 
 king succeeded in placing him there year he was entrusted also with the 
 
 March 9, 1435. In the university at highest secular 'employment. Foss's 
 
 Oxford he held the office of chancellor Biogr. Jurid. 
 
 from 1434 to 1437. In 1443 he was i*^ Stubbs's Const. Hist., ch. 18, 
 
 translated (Dec. 20) to Ely. Eight days p. 170. 
 
 after the death of archbishop Kempe, on ™ Distant from London 21 miles. 
 March 22, 1454, the council at the i^' 3 Stubbs, p. 1 7 1 . 
 request of the Commons ' for his grete '^^ On the 29th he removed the treas- 
 merits, virtues and grete blood that his urer, replacing him with the viscount 
 of,' joined in recommending Bishop Bourchier, the archbishop's brother ; the 
 Bourchier to the pope as successor to the government of Calais was given to War- 
 primacy. (Rot. Par!, v, 450.) It was wick and the duke of York himself, 
 on April 22, 1454, that he was elected, became high constable. Id., p. 172. 
 
•CH. XXIV.] 1422 TO 1461. M)9 
 
 35. In S3 Hin. VI {1453^, Parliament opened by Thomas Bourchier, 
 Archbishop of Canterbury and Chancellor. The King's enemies 
 admitted to reconciliation. Parliament prorogued from July 31 
 to Nov. 12. Before that day the King was again insane. The 
 Duke of York again became Protector. Parliament prorogued 
 to fan. 14, 1456. Its statutes ; one prescribing what the Chan- 
 cellor may do on complaint by executors of embezzlement of 
 decedent's goods. The King recovered in February, 1456 ; and 
 relieved the Duke as Protector. 
 
 On Wednesday, the ninth of July, in 33 Hen. VI (1455), "Thomas, 
 Archbishop of Canterbury and Chancellor of England, declared the 
 cause of the Parliament." ™ 
 
 "A large conveyance made by the King; the King acquitteth 
 , Richard, duke of York, Richard, earl of Warwick and Richard, earl 
 of Sarum, and them taketh to be his loyal subjects; albeit Edmund, 
 late duke of Somerset, Thomas Thorp and William Joseph, by their 
 untrue means, had caused the King to think the contrary, and 
 therebv to have raised a great power against the said Duke and 
 others.'"'" 
 
 Next come the numbers mentioned in the note,"" after which are 
 the following: 
 
 23. "The humble obeysance of the Duke of York and his allies, 
 in coming into the King's presence after the said conflict. ' 
 
 24. " The acquittal of the said Duke of York and of all others 
 
 193 ^f Westminster, " in the presence 20. " The Letters of the said Duke 
 of the King, sitting in the Chair of and Earls, written to the King from Roy- 
 Estate, and of the Lords and Commons." ston in May before, containing their 
 On the next day he " caused articles enterprize and due obeysance to the 
 openly to be read" in relation thereto. King." 
 
 "On Friday, the third day of the Par- 21. "The Letters were kept from the 
 
 liament, the Commons presented to the King's knowledge by the Duke of 
 
 King Sir yohn Wenlock, Knight, to be Somerset and others, until such time as 
 
 their speaker." Cotton's Abr., pp. 656, the said Duke of York and others met 
 
 657, No. I to 17. with the King at St. Albone's." 
 
 1"/^.^ p. 656, No. 18. 22. "The Duke of York and his 
 
 195 jg_ 11 -phe Duke of York's letters sent allies, the twenty-second day of May 
 
 to the Archbishop of Canterbury, Chan- last, came to St. Albone's to have spoken 
 
 cellor of England from Royston in May with the King, whom the Duke of Somer- 
 
 before, "touching his coming by force set and others did resist with a great 
 
 towards the King, and his griefs con- number of armed men, in which conflict 
 
 ceived." the same Duke of Somerset was slain." 
 
810 Reign of Henry VI [tit. vr 
 
 coming with him to the said conflict or battle, to any harms there- 
 done." 
 
 25. " All which are confirmed by whole assent of Parliament, the 
 twenty-third day of July, in the thirty-third year, all the Bishops and 
 Lords, in open Parliament, were sworn to be true to the King.""' 
 
 July 31. "The Archbishop of Canterbury, Chancellor of England,. 
 in the King's presence, prorogued the Parliament" to Nov. 12."" 
 
 Before that day, the King was again insane. 
 
 The formalities observed in 1454 were again adopted; on the 13th 
 the commons asked for the nomination of a protector; on the 15th 
 they repeate"?! the request, and the chancellor undertook to consult 
 the lords; the lords agreed and nominated the Duke of York; on 
 the 17th, in answer to the Speaker's enquiry as to the result of the 
 proposal, it was announced 'that the royal assent was given to the 
 nomination m^de by the lords. The Duke, under protest, accepted 
 the office; and the King by letters patent, on the 19th, made the 
 formal appointment to continue until the Duke should be relieved of 
 his charge by the sovereign himself in parliament, or the prince 
 should come of age. On the 22d the King vested the ' politique rule 
 and governance ' in the hands of the council of which the Duke was 
 chief On the 13th of December the parliament was again pro- 
 rogued to January 14, 1456."^ 
 
 Mr. Stubbs adds : 
 
 "On which day it-met.. On the 25th of February the King had 
 recovered, and at once relieved the Duke from his office as pro- 
 tector.""' 
 
 The ordinances and statutes of this Parliament are in seven chap- 
 ters ; ™ whereof the first is as to embezzlement of a decedent's goods 
 by his servants; and provides what the ChanceUor may do on com- 
 plaint of executors. 
 
 26. Though Thomas Bourchier, Archbishop of Canterbury, was wil- 
 ling to act as Chancellor, either for the Lancastrians or the 
 Yorkists, yet the Great Seal was delivered Octo. 11, 1456, to Wil- 
 liam Waynflete, bishop oj Winchester. 
 
 Archbishop Bourchier, whom the Lancastrians had appointed Chan- 
 
 "«" But none here are named." Cot- pp. 173, 174; citing Rot. Pari. v> 
 
 ton's Abr., p. 657, No. 25. " The like 284 — 290, 321, 322, 453, and Rymer xi, 
 
 order is taken for all other Lords as 369, 370, 373. The proceedings are in 
 
 should after come to take the like oaths." Cotton's Abr., pp. 658, 659, No. 30 to 50. 
 
 /</., No. 26. 1993 Stubbs's Const. Hist., ch. 18, 
 
 '97 Cotton's Abr., p. 657, No. 28. p. 174; Cotton's Abr., p. 659, No. 50. 
 
 1983 Stubbs's Const. Hist., ch. 18, ™ 2 Stat, of the Realm, p. 369 to 378. 
 
CH. XXIV.] 1422 TO I461. 811 
 
 cellor little more than two months before the first battle of St. Alban's 
 gave the Yorkists the ascendency, did not then retire, but opened 
 the parliament that met in July. When their power was more firmly 
 established by a renewal of the king's illness and the re appointment 
 of the Duke of York as protector in November following, the arch- 
 bishop still continued in the chancellorship. Now again, when the king 
 resuming his authority, dismissed the protector on February 25, 1456, 
 the chancellor was as ready to act under the king as he had been under 
 the protector (Rot. Pari, v, 278, 285, 321). It is thought the Queen 
 was dissatisfied with so lukewarm a friend; and desired in place of a 
 time-serving character, a steady adherent to her husband's cause. 
 
 For the onerous part of chancellor was selected in Bourchier's 
 place, William Waynflete?'^^ The King regarded him with such 
 especial favOur that on the very day of his uncle Cardinal Beaufort's 
 death (April 11, 1447), he wrote to Winchester in favour of proceed- 
 ing to a new election of bishop, with an urgent recommendation of 
 his "right trusty and well beloved clerc and concelloure, Maister 
 William Waynflete,' for the see; on the same day he granted him the 
 custody of its temporalities ; and on August 30, 1448, he was present 
 at the " new prelate's enthronisation." While the bishop's devotion 
 to the King was always firmly exhibited when his counsels were 
 called for, his mildness and prudent conduct secured him from that 
 inveterate enmity which followed others who took so decided a part. 
 
 '"He was born in, and took his name 'William Barbor became a sub-deacon 
 
 from, a market town in Lincolnshire. by the style of William Waynflete of 
 
 His father was Richard Patten of that Spalding. By the latter name he was in 
 
 place, and his mother was Margery, the following March ordained deacon,, 
 
 daughter of Sir William Brereton (pos- and in January, 1426, presbyter on the 
 
 sessing considerable property in Ches- title of the house of Spalding. When 
 
 hire), who held the post of governor Robert Fitz-Hugh, archdeacon of North- 
 
 of Caen in Normandy, and distin- ampton (afterwards bishop of London),, 
 
 guished himself in the wars with France. was appointed on a mission to Rome,, 
 
 Richard Patten was sometimes called William Waynflete ' in legibus bacal- 
 
 Barbour, and his son, William, who larius,' was one of those designed to ac- 
 
 went to Wykeham's school at Win- company him; his letter of protectioa 
 
 Chester, and thence proceeded to Oxford, (to last for one year) was dated July 15, 
 
 did for a time use that name. In April, 1429. (Acts Privy Council iii, 347.) In 
 
 1420, William Barbor is recorded in the the same year his talents and acquire- 
 
 Lincoln registry; in January, 1420-1, ments and the excellence of his charac- 
 
-812 Reign of Henry VI [tit. vi 
 
 On the nth of October, 1456, the Great Seal was placed in the 
 hands of William Waynflete, bishop of Winchester.™' 
 
 27. In 38 Hen. VI {143^1), parliament opened by Chancellor Wayn- 
 flete; its business was the attainder of the Duke of York and 
 his friends. Under what circumstances Bishop Waynflete sur- 
 rendered the Great Seal in fuly, 1460. Henry taken in his tent 
 at Northampton on the loth, and brought to London. George 
 Nevill, bishop of Exeter received the Great Seal fuly 25. 
 
 In 38 Hen. VI, on Tuesday, Nov. 20 (1459), "William, bishop of 
 Winchester and Chancellor of England," made a declaration.™' The 
 business of this session at Coventree was the attainder of the Duke 
 of York and his friends.™' 
 
 In 39 Hen. VI (1460), it was ordained "that the said parliament 
 holden at the said city of Coventry be void, and holden for no par- 
 liament."™' 
 
 Pope Pius, the Second, had, in 1459, dispatched a legate to Eng- 
 land, partly in hope to reconcile the rival Houses. The legate, 
 Francesco de Coppini, bishop of Teramo, joined the party of the 
 House of York, and fostered the dissensions he was sent to heal. 
 Sir Henry Ellis has published a letter of June 25, 1460, to the Legate 
 
 ter gained him the appointment of Mas- ^"^ " In the presence of the King, sit- 
 ter of Wykeham's school at Winchester, ting in the Chair of Estate within the 
 the scene of his early education. Cardi- Chapter-house of the Privy of our Lady 
 nal Beaufort conferred upon him the of Coventree and the Lords and Com- 
 mastership and chantry of the hospital of 'mons. Cotton's Abr., p. 661, No. I. 
 St. Mary Magdalen, about a mile from On the third day the Commons pre- 
 Winchester. He was in possession in sented to the King Thomas Tresham, 
 1438, and continued to enjoy it till he Esquire, to be their Speaker." Id., 
 himself was raised to the See. Henry No. 6. 
 
 VI, after a visit to Winchester, for the '«'* Cotton's Abr., p. 661 to 664; 
 
 purpose of inspecting the system of Win- 3 Stubbs's Const. Hist., ch. 18, p. 179 
 
 Chester school, gave the mastership of to 181. In December, on the 20th 
 
 his new school at Eton to Waynflete, (3 Stubbs, p. 185,1 or 25th, "in the 
 
 who accordingly removed there, in 1442, presence of the King and of the three 
 
 with five of the fellows and thirty-five of estates, the Chancellor, by the King's 
 
 the scholars of Winchester, to commence commandment, after thanks given to all 
 
 the semimry. On December 21, :443, the estates, dissolved the Parliament." 
 
 he was promoted to be provost of Eton. Cotton's Abr., p. 664, after No. 38. 
 
 Foss's Biogr. Jurid. '"^ 2 Stat, of the Realm, pp. 378, 379. 
 202 Foss's Biogr. Jurid. 
 
CH. XXIV.] 1422 TO 1461. 81S 
 
 from Richard, earl of Warwick, captain of Calais, Edward, earl of 
 March, Richard, earl of Salisbury, and William Nevil, lord Faucon- 
 tiridge.'"* Dr. Lingard, speaking of Warwick's landing in Kent in 
 June, says : 
 
 '' He brought with him Coppini, bishop of Terni, who had been 
 sent by Pius II as legate to Henry, but had already sold himself to 
 the King's enemies." '"'^ 
 
 Coppini's letter to the King, offering his mediation, is dated at 
 London July 3, 1460.™' Henry was now entrenched at Northamp- 
 ton. With him fkere was Bishop Waynflete, who had held the Great 
 Seal for nearly four years. 
 
 "Disheartened at last by the reverses of the field, in perpetual 
 anxiety by the doubtful event of each successive conflict, probably 
 feeling that his services were misapplied in so bloody a controversy, 
 and perhaps dissenting from the violent measures of his party, he 
 resolved to retire. Accordingly on July 7, 1460, three days before 
 the battle of Northampton, so fatal to the Lancastrians, he surren- 
 dered the Seal of the kingdom in the King's tent on the field." ^'® 
 
 Warwick having given notice to prepare for battle, the legate, Cop- 
 pini, "to animate his friends, not only excommunicated their ene- 
 mies, but set up the papal banner in the field." ™ The battle was on 
 the loth of July, and it lasted only half an hour. Henry was taken 
 in his tent, and on the i6th was brought to London."' 
 
 George Nevill'^^''' presided over the diocese of Exeter about nine 
 
 '"'*Orig. Let., 3d series, vol. I, p. 82 him in the castle of St. Angelo : subse- 
 
 to 88. quent to which Coppini made a full con- 
 
 2°' 5 Lingard's Engl., Boston edi. 1854, fession of his guilt. He was finally 
 
 p. 158. deprived of his bishopric, and changing 
 
 ™*Orig. Let. (Sir H. Ellis), 3d series, the name of Francesco to Ignatius, be- 
 
 vol. 1, p. 88 to 97. came a monk in the Benedictine monas- 
 
 209 <i The same day a full pardon was try of St. Paul at Rome, and died" "in 
 
 granted to him for all offences which obscurity." Sir H. Ellis's 3d series of 
 
 he might have previously committed." Orig. Let., edi. 1846, p. 83; 5 Lingard's 
 
 Foss's Biogr. Jurid. Engl., ch. 2, Boston edi. 1854, p. 159. 
 
 210 "The Pope became incensed at ^'13 Stubbs's Const. Hist., ch. 18, 
 
 Coppini's perversion of his mission as pp. 183, 184. 
 
 well as at the enormous bribes in plate '^ Was youngest son of Richard, earl 
 
 and money which hf had received. He of Salisbury (mentioned in g 23, p. 806), 
 
 recalled him without delay : imprisoned and being designed for the church, was 
 
814 Reign of Henry VI [tit. vi 
 
 years, during which there is nothing to show that he took any active 
 part in the unhappy contests with the crown until the fatal battle of 
 Northampton had placed the King in the hands of his enemies, who, 
 taking care to have their friends about him, obliged him to nominate 
 Bishop Nevill as his chancellor. Accordingly on July 25, 1460, 
 fifteen days after the battle, he received the Seal and took it home.^^^ 
 
 28. In jg Hen. VI {1460), in October, Parliament opened by Chan- 
 cellor Nevill. The crown of England claimed by Richard, duke 
 of York; arid objectio7is stated against his claim. Accord 
 assented to by King Henry and by the Duke of York and his 
 sons. Henry continued to appreciate his ex-chancellor Wayn- 
 flete, bishop of Winchester ; a different sort of person from 
 Francesco Coppini. 
 
 In 39 Hen. VI, on "the seventh day of October" (1460), "George, 
 bishop of Exeter, and Chancellor of England, made a notable decla- 
 ration.'"" 
 
 ID. "The sixteenth day of October the counsel of the Duke 
 exhibited to the Lords in full Parliament a writing touching the 
 right and claim of Richard, duke of York, to the Crown of England 
 and Lordship of Ireland; the which Lords, upon consultation, willed 
 it to be read amongst them, but not be answered without the King." 
 
 II. "The title deriveth the pedigree from H. 3 to Edw. 3; and 
 proveth himself of the right line from Lyonell, duke of Clarence, the 
 third son of E. 3; and next sheweth himself to be indubitate heir 
 of the said Crown before any of the Hne of John of Gaunt, the fourth 
 son of E. 3." 
 
 educated at Balliol College, Oxford, of seven. Foss's Biogr. Jurid. 
 
 •which university he was afterwards chan- ^^^ " To his house in St. Clement 
 
 cellor. One of the first acts of the Danes, being that which was afterwards 
 
 council, after his father's acceptance of called Essex-House, on the site of which 
 
 the Seals, was to recommend him to the Essex street and Devereux court now 
 
 first vacant bishopric, although he was stand." Id. 
 
 not yet twenty-two years of age. The *'* " In the presence of the King, sit- 
 
 bishopric of Exeter became void before ting in the Chair of Estate in the Cham- 
 
 the close of the following year, and ber de Pinct within the palace of West- 
 
 though the Earl had been removed from minster and of the Lords and Com- 
 
 the chancellorship, he and his son mons." Cotton's Abr., p. 665, No. I. 
 
 Richard, earl of Warwick, had such " The fourth day of the Parliament the 
 
 ascendency, that George Nevill was Commons presented unto the King John 
 
 elected (Rymer xi, 376) ; but the pope Green, Esquire, to be their Speaker." 
 
 would not permit him to be consecrated Id., No. 9. 
 till he had attained the age of twenty- 
 
■CH. XXIV.] 1422 TO 1461. 815 
 
 12. "The Lords, upon large consultation, declared this tide to the 
 King, who willed them to call the Justices, Serjeants and Attorneys 
 to answer the same. They, so being called, utterly refused to answer 
 the same; and order taken that every Lord might therein frankly 
 utter his conceit, without any impeachment, unto them.""^ 
 
 The objections stated against the Duke's title are in No. 13; the 
 answer of Richard Plantagenet, commonly called the Duke of York, 
 to those objections is in Nos. 14, 15, 16, 17.'" 
 
 "After this the Lords devised this order, that the King should 
 enjoy the crown of England during his life, and the Duke and his 
 heirs to succeed after him ; and appointed that the Chancellor should 
 declare this to the King." 
 
 "Whereupon the Duke of York's pedigree and title was again 
 jrepeated; and the King assented that an accord between them 
 should be made; the which was devised in form following": 
 
 " First. That the King should, during his life, enjoy the crown and 
 the preheminence of the Realm of England." 
 
 " That the said Duke, the Earl of March and Edward, earl of Rut- 
 land, his sons, should be sworn by no mean to shorten the days, or 
 impair the preheminence of the said King during his life." 
 
 " That the said Duke shall be from thenceforth reputed and instiled 
 to be, the very heir apparent to the crown aforesaid, and shall enjoy 
 the. same after the death or resignation of the said King.'"" 
 
 Then there are the articles mentioned in the subjoined note."* 
 
 "After all this, in the vigil of AUhallowes,"' the said Duke and the 
 two Earls his sons, came into the Parliament Chamber before the 
 King and Lords and there promised, and swore, to perform the 
 accord aforesaid, with protestation if the King, for his part duly 
 observed the same ; the which the King then promised to do : the 
 
 215 Id , pp. 665, 666. 216 id,^ p. 666. 26. " That the said Duke and bis 
 
 21' Id., No. 18 to 22. two sons shall swear to defend the Lords 
 
 2>8 No. 23. " That the same Duke shall for this agreement." 
 
 lave hereditaments allotted to the clear 27. " The King, by assent of the 
 
 yearly value of 10,000 marks, viz: 5,000 Lords, agreeth to all the ordinances 
 
 marks for himself, 3,500 marks for the aforesaid of his free motion." 
 
 Earl of March, and 1,500 marks for the 28. "The King, by the assent afore- 
 
 Earl of Rutland." said, utterly repealeth the said statute of 
 
 24. " That the compassing of the death entail made anno i H. IV, so always as 
 of the said Duke shall be treason.' ' hereafter there be no better title proved 
 
 25. "That all the Bishops and Lords for the defeating of this title and act." 
 in full Parliament shall swear to the said ^is HaUow Even is October 3 1 ; the 
 Duke and to his heirs in form afore- vigil of All Saints Day, which is No- 
 said." vember i. , 
 
816 Reign of Henry VI [tit. vr 
 
 which protestation the said Duke and Earls required to be en- 
 rolled." *™ 
 
 The King continued to appreciate his ex-chancellor, William 
 Waynflete, bishop of Winchester. In November (1460) he wrote 
 an affecting letter to the pope bearing 'testimony to the bishop's 
 innocence, his meritorious services and unblemished reputation.' "' 
 
 Francesco Coppini, it has been seen, was a different sort of per- 
 son, yet by a patent of Dec. 4, 1460, purporting to be ' auctoritaie 
 Parliame7iti' it was decided that Coppini should be offered the 
 first bishropic he might choose, which should become vacant (the 
 two archbishoprics and the Sees of Lincoln, Winton, Durham and 
 Bath and Wells only excepted).^'''' 
 
 2g. After the battle of St. Albans, in Feb. 1461, King Henry was 
 met by his Queeji and son. When they moved in a northern 
 direction, Edward, now duke of York, hastened to London. 
 There Chancellor Nevill and others proclaimed him {^Edward') 
 King. Then Heyiry's reign practically ended. 
 
 Although in the late Parliament the unfortunate King had beea 
 
 ^™ Cotton's Abr., p. 667, No. 29. memory of that worthy knight, and few 
 
 ^^1 Mr. Fosi says : " During this anx- do heed the inconsiderable difference in 
 
 ious period his friend, Sir John Fastolf, spelling of that name. He was made 
 
 died, leaving him one of his executors. Knight of the Garter by King Henry the 
 
 The ' Paston Correspondence' (i, 102,) Sixth; and died about the second year 
 
 contains his instructions as to the execu- of his reign." 2 Fuller's Worthies, edi. 
 
 tion of the will, which shew that he was 1840, p. 455. 
 
 a man of business and of a pious and ^^'Sir H. Ellis's 3d series of Orig. 
 liberal mind," Biogr. Jurid. Of John Let., vol. i, p. 88. Edward the Fourth, 
 Fastolfe, Knight, a ward to John, duke when the Pope's recall came, gave Cop- 
 of Bedford, Dr. Fuller says : " To pini such support as he could by ap- 
 avouch him by many arguments valiant, pointing him by a Patent of Nov. 20,. 
 is to maintain that the sun is bright, 1461, to be his proctor at Rome for 
 though since the stage hath been over- ecclesiastical causes and promotions (/</., 
 bold with his memory, making him a p. 89), and by granting to him three 
 thrasonical puff and emblem of mock days afterwards an annuity of ;^I00, 
 valour." — " Nor is our comedian excu- secured upon the custom duties of South- 
 sable by some alteration of his name, ampton and London, and payable at the 
 writing him Sir John Falstaff (and Exchequer, till he could be provided 
 making him the property of pleasure for within the kingdom with ecclesiastical 
 King Henry the Fifth to abuse), seeing preferment, granting to him at the same 
 the vicinity of sounds entrench on the time, and to his two nephews, Bartholo- 
 
CH. xxiv.j 1422 TO 1461. 817 
 
 unable to do anything in support of the interests of his son, yet those 
 interests were still upheld by the Queen, and the Lords adhering to 
 the house of Lancaster ; and the Duke of York and Earl of Salisbury 
 were unsuccessful in December. On the 21st they lost part of their 
 force in a struggle at Worksop ;^^'' on the 29th they were over- 
 whelmed at Wakefield.''''* "The Duke was killed in the battle; his 
 son, the earl of Rutland, was slain by Lord Clifford, and the earl of 
 Salisbury was taken prisoner and beheaded at Pomfret.''''* 
 
 Intelhgence of the death of his father and brother reached Ed- 
 ward at Gloucester. Against him Jasper Tudor, earl of Pembroke 
 (the king's half brother), and the earl of Wiltshire, were pitted; they 
 were defeated at Mortimer's cross, near Wigmore, on the 3d of Feb- 
 ruary (1460-61);''^° on the 17th the Queen's army defeated the earl 
 of Warwick at St. Albans. 
 
 " Night saved the Yorkists from utter destruction. They separated 
 and fled in different directions, leaving the King in his tent under the 
 care of the Lord Montague, his chamberlain. He was soon visited 
 by Margaret and his son, and embraced them with transports of joy.''" 
 
 Henry and Margaret having moved from St. Albans in a northern 
 direction, Edward and Warwick, who had met at Chipping Nor- 
 ton,^^ hastened to London. On the 28th they entered that city. 
 
 " On the ist of March, the Chancellor, Bishop Neville, called a 
 general assembly of the citizens at Clerkenwell and explained to 
 them the title by which Edward, now diike of York, claimed the 
 crown." They "received the instruction with applause, and pro- 
 claimed that he was and should be King. On the 3d, a council of 
 the party was held at Baynard's Castle. Archbishop Bourchier, 
 bishop Beauchamp, of Salisbury, bishop Neville" and others, "there 
 took upon themselves to declare Edward the rightful King. On the 
 4th he was received in procession at Westminster, seized the crown 
 and sceptre of the Confessor." ™ 
 
 mew and Thomas Coppini (and to the 226 Pembroke himself escaped ; but 
 
 heirs, male and lineal descendants of his father, Owen Tudor, was take'n and 
 
 each), the privilege of bearing in the beheaded. 5 Lingard's Engl., ch. 2, 
 
 upper portion of their shield of arms 'a p. 165. 
 white rose, our device.' " 7^^., pp. 84, 85. ^^'/(/., p. 165. 
 
 ^' Distant from London 146 miles. ^^^ Distant from London 77 miles. 
 
 2" Distant from London 182 miles. ^28^ Lingard's Engl., ch. 2, p. j66; 
 
 ^2=5 Lingard's Engl., ch. 2, p. 164; 3 Stubbs's Const. Hist., ch. 18, p. 189. 
 3 Stubbs's Const. Hist., ch. 18, p. 188. 
 
 52 
 
818 Reign of Henry VI [tit, vi 
 
 On that day Henry's reign practically expired.'*' 
 
 JO. Of Sir John Fbriescue's career until the reign oj Henry VI was 
 practically ended, in 1461. 
 
 As George Nevill, bishop of Exeter, took, in March, 1461, the 
 oath as Chancellor to Edward IV, it may be that so soon as this fact 
 became known to Henry VI and to Sir John Fortescue, the latter 
 was made Henry's Chancellor.™ But consistently with what is said 
 under this title in its commencement on p. 744, a notice of Sir John's 
 career is deemed proper in this work; whether he was or was not 
 justified in calling himself (as he does in the title to his work, '' De 
 Laudibus ') Cancellarius Angliis, — a title which he reiterates in his 
 retraction of what he had written against the House of York, by 
 making the interlocutor in the dialogue say to him, 'Considering 
 that ye were the chief chancellor to the said late King.""^'' 
 
 "John- Fortescue^*' is supposed to have been born at Norreis, the 
 estate of his mother. The date of his birth must have been about 
 the close of the fourteenth century. He received his education at 
 Exeter College, Oxford, and pursued his legal studies at Lincoln's 
 Inn, where he was a governor of the house from 1424 to 1429 (Dug- 
 dale's Orig., 257). In Michaelmas term of the latter year he took 
 the degree of a Serjeant at law, and from that time his arguments 
 frequently occur in the Year Books. In 18 and 19 Hen. VI, he 
 acted as a judge of assize on the Norfolk circuit (Kal. Exch. iii, 
 381 j; and at Easter in the latter year, 1441, he was named one of 
 
 ''^ Id., pp. 189, igo. Henry and Mar- Biogr. Jurid. 
 
 garet having returned to Yorkshire, Ed- ''^^Of his parentage, the most probable 
 
 ward pursued them. On March 28, account seems to be " that his father was 
 
 1461, there was a battle at Ferrybridge; Sir John Fortescue, knighted by Henry 
 
 the next day the two hosts met at Touton, V for his prowess in the French wars, 
 
 and in a bloody battle Edward was vie- and made governor of Meaux, which he 
 
 torious. Margaret carried off her hus- had helped to reduce. This knight was 
 
 band and son to Scotland. By the sur- a second son of William Fortescue of 
 
 render of Berwick to the Scots in April, Winstone, and was himselt seated at 
 
 the fate of the house of Lancaster seems Shepham. He married Joan, the daugh- 
 
 to have been recognized as final. Id., ter and heir of Henry Norreis, of Nor- 
 
 p. 190. reis, in the parish of North Huish, in 
 
 2^' Biogr. Britt., edi. 1750, vol. iii, Devonshire, by whom he had several 
 
 p. 1990; cited in Lord Clermont's Life of children, the two elder being" "Sir 
 
 Fortescue, pp. xxi, xxii, of Cincinnati, Henry, the Irish chief justice, and Sir 
 
 •edi. 1874. John, who sustained the same rank in 
 
 'i^^Selden's Preface; cited in Foss's England." Foss's Biogr. Jurid. 
 
•CH. xxv.J 1461 TO 1483. 819 
 
 the King's Serjeants. So conspicuous were his merits that he was, 
 without taking any intermediate step, raised\ to the office of chief 
 justice of the Kiftg's Bench, on Jan. 25, 1442. In that court we have 
 proof from the Year Books that he presided till Easter term 1460, 
 and no new chief justice is recorded " under Hen. VI.^' 
 
 "His salary on his appointment was 180 marks (^120) a year, 
 besides ;^5. 16^. iid. for a robe at Christmas, and ^3. 6^-. 6d. for 
 another at midsummer. In addition to this he received in the fol- 
 lowing February a grant for life of one dolium of wine annually, to 
 which a second was added in the next year. These two dolia 
 (tunnes of wine) are expressly reserved to him by the act of resump- 
 tion in 34 Hen. VI. In March, 1447, ^^40 a year was granted to 
 him beyond his former allowances (Rymer xi, 28; Rot. Pari, v, 
 .317)'"'' 
 
 CHAPTER XXV. 
 
 INSTITUTIONS IN THE REIGN OF EDWARD IV— 1461 
 
 TO 1483. 
 
 J". Edward's reign begins March 4, 1461. George Nevill, bishop of 
 Exeter, soon became Chancellor. Edward was crowned in June. 
 His first parliament was in November ; and opened by the 
 Cha7icellor. Its proceedings as to Sir John Fortescue and others. 
 
 From March 4, 146 1, when Edward, son of Richard, duke of 
 York, was proclaimed king by the name of Edward the fourth, "the 
 legal recognition of his royal character begins and the years of his 
 reign date.' ' Six days afterwards George Nevill, bishop of Exeter, 
 took the oath as chancellor to Edward IV.'' 
 
 ^ Id. betrayed." Id.; 3 Stubbs's Const. Hist., 
 
 '^'> Id. At the battle of Teuton on ch. 18, p. 195 and p. 201. 
 
 Palm Sunday, March 29, Fortescue was iCoUyer's Engl., vol. S,ch. 3, p. 150; 
 
 present, and when the field was lost fled 2 Stubbs's Const. Hist., ch. 14, p. 103; 
 
 with King Henry. That unfortunate 3 Id., pp. 189, 190. 
 
 monarch went first into Scotland, then ^ Rymer xi, 473, is cited in 2 Stubbs, 
 
 into Wales, and afterwards lay concealed p. 189, note 4; and in Foss's Biogr. 
 
 in the north of England until he was Jurid. 
 
820 Reign of Edward IV [tit. vr 
 
 After the victory at Touton (March 29) Edward returned to" Lon- 
 don ; he was crowned at Westminster 6n June 29.' His first parHa- 
 ment called May 23, to meet July 6, was delayed by the condition of 
 the Scottish border and did not meet until November 11.* On^the 
 fourth of this month (November 1461), George; bishop of Exeter,^ 
 declared the cause of the Parhament; aijd on its third day the Com- 
 mons presented Sir James Strangewaies to be their Speaker.* During 
 the session there were statutes and ordinances ;' and other proceed- 
 ings affecting Henry VI, and many other persons.* Among the 
 same is the following : 
 
 " Henry 6th, with certain of the persons aforesaid, John Fortescue,. 
 William Talbois, and other Esquires, gentlemen, priests and friars 
 are attainted for being in field against King E. 4, in the bishopric of 
 Durham, the i8th day of June last."' 
 
 2. In 14.62 repair of accident to spire of St. PauFs. 
 
 After what was done in 1315 to St. Paul's (mentioned in ch. 18,. 
 § 15, p. 507), "the first accident which befel the church was the con- 
 sequence of a violent tempest of thunder and wind which burst over 
 the metropolis on the first of February, 1444. The lightning having 
 struck the spire set it on fire ; and although a priest succeeded in 
 extinguishing the flames, a good deal of damage was done, so that 
 it was not till the year 1462, that the gilded ball with the cross again 
 made its appearance on the summit of the building." " 
 
 J. Parliametit of j Edw. IV opened by Chancellor Nevill. Cause 
 of prorogation in 14.64. May i, the king married Elisabeth 
 ( Widville), Lady Gray. Statutes. 
 
 In 3 Edw. IV, on April 29, (1463), a "declaration of the summons 
 
 ^ By Thomas Bourchier, archbishop of * Cotton's Abr., p. 669 to 673; 
 
 Canterbury. Foss's Biogr. Jurid. 3 Stubbs's Const. Hist., ch. 18, p. 195. 
 
 ' 3 Stubbs, p. 194. to 197. 
 
 ^"In the presence of the King, sit- 'Cotton's Abr., p. 61, No. 24. Where 
 ting in the Chair of Estate in the Cham- and how Sir John Fortescue was em- 
 ber de Pinct, within the palace of West- ployed in this reign is mentioned in 
 minster, and of the Lords and Commons." Foss's Biogr. Jurid., and in the present 
 Cotton's Abr., p. 669, No. I. volume in this chapter, § 7 and 10, an4 
 
 " Id., No. 6. in ch. 29, g 3. 
 
 '2 Stat, of the Realm, p. 380 to 391. ""Penny Magazine for 1832, p. 57. 
 
-CH. XXV.] 1461 TO 1483. 821 
 
 ■of the Parliament" was made by "George, bishop of Exeter and 
 'Chancellor of England." " There were several prorogations of this 
 Parliament." The cause of prorogation in 1464, from Feb. 20 to 
 May I , is assigned as below.'' 
 
 "The same first day of May, the Lords and Commons being 
 assembled in the great hall within the palace of the Archbishop of 
 York, certain of the King's Letters patents mad^ unto Richard, earl 
 of Warwick and of Salisbury, were read, which authorized the said 
 Earl to hold and continue the said Parliament from the said day 
 unto the twenty-fifth of November then ensuing, at York. After the 
 reading whereof the Abbot of Fountaines," thereunto appointed by 
 the King's Privy Seal, prorogued the same accordingly." 
 
 Nov. 25,. in 4 Edw. IV, "in the hall of the said Archbishop of 
 York, the King by like letters patents made to the said Earl of War- 
 wick and Salisbury, for holding and proroguing the said Parliament 
 from the same day unto the twenty-sixth day of January then ensu- 
 ing, at Westminster, read; after which the Abbot of St. Marie's, of 
 York, by the King's appointment, declared and prorogued the same 
 •accordingly.'"^ 
 
 Together with the assigned cause for the prorogation on May i. 
 
 ''" In the presence of the King, sitting commissary, by Letters Patents held the 
 
 in the Chair of Estate in the Chamber same Parliament, and adjourned the 
 
 de Pinct, in the palace of Westminster, same over from the said day unto the 
 
 and of the Lords and Commons." Cot- first day of May then ensuing, at York 
 
 ton's Abr., p. 674. "The third day of aforesaid." Id. 
 
 the Parliament the Commons presented '' " For that the King was enforced to 
 
 to the King yohn Say, Esquire, to be' go in person to Gloucester for the re- 
 
 'their Speaker." Id. pp. 674, 675, No. 7. pressing of conspiracy and rebellion 
 
 I'On June 27 the Chancellor pro- against him." Cotton's Abr., p. 675, 
 
 rogued the Parliament unto Nov. 4. On Nos. 13, 14. 
 
 that day " Thomas, Archbishop of Can- 1* In Yorkshire, about 10 miles from 
 
 terbury, the King's cousin, by the King's Knaresboro', and 212 from London, is 
 
 letters patent, held and continued the Ripon; about three miles from which 
 
 Parliament." — " The same 4th day the was Fountain's abbey, the foundation 
 
 Chancellor, on the King's behalf and of whereof dates from 113Z. Its ruins, on 
 
 his said Lieutenant, adjourned the said each side of the Swale, as developed by 
 
 Parliament from the said day unto the the proprietor of Studley Royal, are 
 
 twentieth of February then ensuing, at perhaps the most extensive and interest- 
 
 the city of York." Cotton's Abr., p. 675. ing remains of an old abbey to be found 
 
 Feb. 20, " at York, in the presence of in England. 
 
 the Lords and Commons, William, bishop '^Cotton's Abr., pp. 675, 676, Nos. 
 
 of Lincoln, by the commandment of 15, 16. 
 William, archbishop of York, the King's 
 
822 Reign of Edward IV [tit. vr 
 
 1464,^° may be noticed the nature of the 'marches* in which Edward 
 was ' busily occupied.' 
 
 It is said that before that day, he was married to Eleanor Talbot^, 
 daughter of the Earl of Shrewsbury; that the marriage was without 
 any witnesses save Dr. Stillingt07i, bishop of Bath, who officiated at 
 and celebrated the marriage and in whose hands the contract was ; 
 and that he was enjoined to conceal the marriage." Whether or 
 no this be true of what occurred before the first day of May, 1464, 
 yet the nature of the king's march on that day may not have been 
 such as was contemplated by Parliament. 
 
 In the neighborhood of Grafton Regis,'* in Northampton county, 
 was a large mansion, the seat of the Lancastrian lord, Richard Wid- 
 ville or Woodville, lord Rivers,'^ whose daughter, Elizabeth,™ while 
 living there in retirement, with her parents, was in a ' secret manner, 
 upon the ist of May, 1464,' married to King Edward at Grafton;" 
 in a council at Reading, on Sept. 29, she was acknowledged as 
 queen.^^ 
 
 Although in the same September, George Nevill, the chancellor, 
 became archbishop of York ; yet the marriage was distasteful to his 
 brothers, the earl of Warwick and the lord Montague; and was also 
 distasteful to the chancellor himself^ 
 
 No such distaste was manifested by that ex -chancellor, Thomas 
 Bourchier, archbishop of Canterbury, who in 1461 had reconciled 
 himself to the ruling power and crowned Edward IV. Soon he 
 
 '^ " That the King was busily occupied of Bedford, and had married his widow, 
 
 in the Marches of the North for the re- Jacquetta, of Luxemburg. 3 Stubbs's 
 
 pressing of rebels, and defence of a Const. Hist., ch. 18, p. 200. 
 
 foreign invasion.'' Cotton's Abr., p. 676- ™ Widow of John Gray, son and heir 
 
 ^'8 Harl. Miscel., edi. i8io, p. 515; to lord Ferrers of Groby, possessor of 
 
 Cotton's Abr., pp. 711, 712; Walpole's the ancient domain of Brudgate. Miss 
 
 HistoricDoubts,p. 40to 46,of edi. 1768; Strickland's Queens of England, vol. 3, 
 
 6 Collyer's Engl., p. 3; 2 Hume's Engl., p. 208, of Phila. edi. 1857. 
 
 ch. 22, p. 492, of N. Y. edi. 1850. As ^'^ Id., p. 211 ; 3 Turner's Engl., edi. 
 
 to Stillington, see further in § 3. 1825, pp. 262, 263. 
 
 1^ Distant from Stony Stratford 5, from ^^5 Lingard's Engl., ch. 3, pp. 184, 
 
 Northampton g, and from London 57 185, of Boston edi. 1854. 
 
 miles. ^/i^., p. 186; 3 Stubbs, p. 200. 
 
 •' Who had been steward to the duke 
 
CH. XXV.] 1461 TO 1483. 82S 
 
 entertained the king and queen for several days at Canterbury, on a 
 visit to pay their devotions at Becket's shrine. By that time he had 
 recovered his last honour in the Church, having been created car- 
 dinal-presbyter, by the title of St. Cyriacus in Thermis, on Sept. 18, 
 1464.^* The Queen was " crowned with all due splendour on ascen- 
 sion day of the following year."^° 
 
 Of the parliament summoned the 29th day of April, in 3 Edw. IV, 
 and by prorogations and adjournments continued till the 21st of Jan- 
 uary, in 4 Edw. IV, there are statutes and ordinances.'"' 
 
 4. After the battle of Hexham in 14.64, Henry VI taken and com- 
 mitted to the Tower. Contest between the Earl of Warwick and 
 the Wydevilles. During the Parliament of 7 Edw. IV, the 
 Great Seal was withdrawn from. Archbishop Nevill and en- 
 trusted to Bishop Stillington. Prorogations ; and statutes. As 
 to ccnning on a subjects land and making on it trenches or biil- 
 warks for defence of the realm. 
 
 After the battle of Hexham" (in 1464, May 8), Henry VI had 
 retired into Lancashire in disguise. ' 
 
 "A monk betrayed his retreat, and in July he was taken at dinner, 
 in Waddington Hall, by some deception. He escaped for a while 
 into an adjoining wood, but was there again found, and brought 
 towards London. Warwick met him at Islington and had the 
 cruelty to subject" him "to the indignity of having his legs .bound 
 with leather straps to the stirrups of the horse. In this degraded 
 state" "he was led through Cheap and Cornhill to the Tower, where 
 he remained for the next five years.''* Now began the contest be- 
 
 ^"He was not, however, invested Rep. 871^. 
 with the red hat till May 31, 1472; and "(In Northumberland county,) 285 
 
 he is first called cardinal in the Rolls of miles from London, 9 from Allondale, 
 
 Parliament of November in that year." and 5 from Corbridge. 
 Cotton's Abr., p. 693, No. 9; Toss's ^3 Turner's Engl., edi. 1825, pp, 259, 
 
 Biogr. Jurid. 260; 2 Mackintosh's Engl., p. 39, of 
 
 25 2 Mackintosh's Engl., p. 38, of Phila. edi. 1831. He was allowed now 
 
 Phila. edi. 1831 ; 3 Turner's Engl., edi. and then to receive visitors in the Tower. 
 
 1825, p. 263. When pressed by some impertinent per- 
 
 ''■^2 Stat, of the Realm, p. 392 to 402, son to justify his usurpation, he used to 
 
 and p. 403 to 408 ; 3 Stubbs's Const. answer, " My father had been king of 
 
 Hist., ch. 18, pp. ig8, 199; Stat. 3 Edw. England, possessing his crown in peace 
 
 IV, c. 4, was under consideration in all through his reign ; and his father, my 
 
 44 Eliz., in the case of " Monopolies" 1 1 grandfather, had been king of the same 
 
824 
 
 Reign of Edward IV 
 
 tween the earl of Warwick and the Wydville's.'® 
 
 During the parliament at Westminster, in 7 Edw. IV, a change was 
 made in the Chancellorship. " William, Bishop of Lincoln, in the ab- 
 sence of George, Archbishop of York, Chancellor of Englatid, by the 
 king's commandment, declared the cause of the summons of the 
 same Parliament.'"" It thus appears that when the Parliament 
 began, George Nevill, Archbishop of York, though absent from the 
 Parliament, was yet Chancellor of England. The 8th of June was 
 the last day of his chancellorship; his successor was Robert Stil- 
 lington^^ bishop of Bath and Wells. 
 
 Mr. Stubbs states that in June, 1467, "the session" (of parliament) 
 
 realm. And I, when a boy in the 
 cradle, had been without any interval 
 crowned in peace, and approved as king 
 by the whole realm, and wore the crown 
 for well nigh forty years, every lord 
 doing royal homage to me, and swearing 
 fealty as they had done to my fore- 
 fathers ; so I may say with the Psalmist, 
 ' The lines are fallen unto me in a plea- 
 sant place, yea, I have a goodly . herit- 
 age ;' ,' My help cometh of God, who 
 preserveth them that are true of heart.' " 
 3 Stubbs's Const. Hist., ch. 18, p. 201 , 
 Green's Short Hist., ch. 6, p. 296 ; Hist, 
 of Engl. Peop., book 4, ch. 6, p. 573, of 
 vol. I. 
 
 293 Stubbs's Const. Hist., ch. iS, 
 p. 201. Some promotions of the rela- 
 tions of the king's wife were very offen- 
 sive to Warwick. Id., pp. 201, 202; 
 3 Turner's Engl., edi. 1825, p. 264 to 
 266. 
 
 ™ It was declared " in the presence of 
 the King, sitting in his Chair of State in 
 the Chamber de Pinct, in the palace of 
 Westminster and of the Lords and Com- 
 mons." Cotton's Abr., p. 680, No. i. 
 The third day of the Parliament the 
 Commons declared" that they "had 
 chosen Sir yohn Say, Knight, to be 
 their Speaker." Id., No. 5. 
 
 '■Son of yohn Stillington, Esq., 
 (probably of the place of that name in 
 Yorkshire,) who possessed property at 
 Nether Acaster, a short distance from 
 York, of which city one of his progeni- 
 tors was bailiff in 1388. Becoming a 
 student of the college of All Souls, in 
 the university of Oxford, Robert there 
 took the degree of doctor in both laws. 
 His first ecclesiastical preferment was a 
 canonry in the cathedral of Wells m 
 1445, which was quickly followed by the 
 treasurership of the same church in 
 1447; the rectory of St. Michael, Oiise 
 Bridge, in 1448, and the archdeaconry 
 of Taunton in 1450. He became a 
 canon of York in 1451, and dean of St. 
 Martin's, London, in 1458. He was 
 strongly attached to the house of York. 
 On its attaining power he was ap- 
 pointed keeper of the Privy Seal. 
 (Devon's Issue Roll, 484). In the acts 
 of resumption passed in the early par- 
 liaments of Edward IV, the grants made 
 to him in this character, and also as 
 dean of St. Martin's, are all excepted in 
 his favour. (Rot.Parl. 5, 470, 578.) He 
 became archdeacon of Berks in 1463, 
 and of Wells in 1465, and bishop of 
 Bath and Wells January 11, 1466. 
 Foss's Biogr. Jurid. 
 
■CH. XXV. J 1 46 1 TO 1483. 825 
 
 "was opened on the 3d with a discourse from the bishop of Lincoln 
 in the absence of the Chancellor"; that "on the 8th the absence of 
 the Chancellor was explained: the king and Lord Herbert visited 
 archbishop Nevill in his house at Westminster and took from him 
 the Great Seal; it was given the next day to Robert Stillington, 
 "bishop of Bath." '-^ 
 
 Whatever may have been the day on which Stillington was 
 -appointed Lord Chancellor — whether it was 'on June 20, 1467,' as 
 stated by Mr. Foss, or on a somewhat earlier day, as supposed by 
 Mr. Stubbs, it is quite certain that he was in the chancellorship before 
 or on July 5. 
 
 "The fifth day of July Robert, Bishop of 'Bath and Welles, and 
 Chancellor of England, by the King's commandment, in the pres- 
 -ence of the King, Lords and Commons, answered to certain requests 
 of the Commons." 
 
 "After which, by the King's commandment, he also prorogued 
 the Parliament" "to the 6th day of November," "at Reding." 
 
 Nov. 6, "at Reding, the same chancellor, by the King's com- 
 mandment, and in the presence of the King, Lords and Commons, 
 prorogued the same Parliament" unto May 6, at Reding.^' 
 
 "The same Chancellor," on May 6, in 8 Edw. IV, "at Reding in 
 the presence of the King, sitting in the chair of estate in the cham- 
 ber within the abbey there, and of the Lords and Commons there, 
 by the King's commandment, adjourned the Parliament" unto May 
 12, at Westminster.''* 
 
 May 17. " In the presence of the King, then sitting in the chair 
 of estate at Westminster and of the Lords and Commons, the Chan- 
 cellor made an eloquent oration, beginning with justice" and shew- 
 ing its effects.^" 
 
 Of this parliament there are statutes and ordinances.'^ 
 
 Lord Coke says : " When enemies come against the realm to the 
 sea-coast, it is lawful to come upon my land adjoining to the sea- 
 coast, to make trenches or bulwarks for the defence of the realm, 
 for every subject hath benefit by it. And therefore by the common 
 law, every man may come upon my land for the defence of the 
 realm, as appears 8 Ed. IV, 23. And in such case on such extremity 
 they may dig for gravel, for the making of bulwarks ; for this is for 
 
 »?■ 
 3^3 Smbbs's Const. Hist., ch. 18, '^/rf., No. 24. 
 
 pp. 202, 203. "^In 2 Stat, of the Realm, p. 418 to 
 
 ''Cotton's Abr., p. 681, Nos. 15,16,17. 423, and p. 424 to 430. 
 3*/^'., p. 682, No. 18. 
 
826 Reign of Edward IV [tit. vl 
 
 the public, and every one hath benefit by it; but after the danger is 
 over, the trenches and bulwarks ought to be removed, so that the 
 owner shall not have prejudice in his inheritance."" 
 
 J. Under what king and in whose chancellorship was the case in 
 g E. IV, as to one of two obligors suing in Chancery when the 
 obligee favoured the other. In 146^ was the spectacle of two 
 rival kings, each confined in prison ; Henry in the Tower, Ed- 
 ward in Yorkshire. Of kings, chancellors and parliament until' 
 April, 147 J. 
 
 " If two be jointly and severally bound to pay money and the 
 obligee will give longer day (or other favour) to the one and then 
 will sue the other for the debt, he which is sued shall sue in chan- 
 cery." 
 
 Sir George Gary reports this case as in 9 E. IV.'* Under what 
 king, and in whose chancellorship, may be difficult of ascertainment; 
 but may perhaps be inferred from what follows : 
 
 In 1469, "soon after midsummer, the earl of Warwick, archbishop 
 Nevill, and Glarence, went over to Galais, and the archbishop mar- 
 ried the Duke" (of Glarence) "to his niece, Isabella Neville." '' 
 
 On July 26, (1469) was a memorable conflict*" on a plane called 
 Danesmoor (near Edgecote) about three miles from the town of 
 Banbury, and called "the battle of Banbury."" 
 
 " England exhibited at this moment the extraordinary spectacle of 
 
 "12 Rep, 12, 13. Lord Coke says: Miss Strickland's Queens of England, 
 
 "For the commonwealth a man shall vol.'3, p. 244, of Phila. edi. 1857. Upon 
 
 suffer damage ; as for saving of a city or this marriage there are observations in 
 
 town u, house shall be plucked down 3 Turner's Engl., edi. 1825, p. 269. 
 if the next be on fire; and the suburbs of *" 5 Collyer's Engl., p. 172; 2 Hume's 
 
 a city, in time of war for the common Engl., ch. 22, p. 458. 
 safety, shall be plucked down ; and a *^ In Thomas Dugdale's England and 
 
 thing for the commonwealth every man Wales, title Banbury, it is said " The 
 
 may do, without being liable to an Yorkists were led by the Earls of Staf- 
 
 action, as it is said in 3 H. VIII, fol. 15." ford and Pembroke, who had possession 
 
 12 Rep. 13. of the town. After one of the most 
 
 '^9 E. IV, 41. Gary's Rep., p. 2. determined conflicts ever recorded, the 
 
 ^'3 Stubbs's Const- Hist., ch. 18, Yorkists were routed; the Earl of Pem- 
 
 p. 205. Clarence "married Isabel in the broke and his brother were both taken 
 
 Lady Church of Calais, in the presence and beheaded, and Edward IV himself 
 
 of the Countess and her daughter Anne." made a prisoner a few days after." 
 
CH. XXV.] 
 
 I461 TO 1483. 
 
 827 
 
 two rival kings, each confined in prison; Henry in the Tower,. 
 Edward in Yorkshire."" 
 
 " Edward, left alone in the midst of a hostile country, surrendered 
 himself as a prisoner to archbishop Neville, who carried him off, first 
 to Coventry and then to Middleham. The victorious lords, do not 
 seem to have known what to do with their prisoner After making 
 some conditions with the Nevilles, he was allowed to resume his 
 liberty, and returned to London.'"' 
 
 In March, "on the 23d, Edward issued a proclamation against his 
 brother and Warwick, who, having failed to find help in Lancashire, 
 and to effect a landing at Southampton, had fled to France. In 
 France they were brought into communication with queen Margaret, 
 and Warwick in all sincerity undertook to bring about a new revo- 
 lution."" I 
 
 Warwick's daughter, the lady Anne Nevill, was betrothed to 
 Edward, prince of Wales, son of Henry the sixth.*" Warwick, on 
 Aug. 4, left his countess and the Lady Anne with Queen Margaret 
 and her son."* On Sept.. 13, Warwick landed at Dartmouth; Ed- 
 ward" IV "fled to Flanders on Octo. 3; on the 5th archbishop 
 Nevill and bishop Waynflete, took Henry VI from the Tower; 
 queen Elizabeth took sanctuary at Westminster." " 
 
 ^ 5 Lingard's Engl., ch. 3, p. 195. 
 
 «3 Stubbs's Const. Hist., ch. 18, 
 pp. 206, 207. Mr. Foss says : "The 
 archbishop who had treated the King 
 with the greatest courtesy during his 
 detention, accompanied him to London, 
 where the King issued a general par- 
 don to all concerned in the outbreak." 
 Biogr. Jurid. 
 
 **3 Stubbs's Const. Hist., ch. 18, 
 pp. 207, 208. 
 
 ** Chronicle of Cro'yland, cited in 
 Walpole's Historic Doubts, edi. 1768, 
 p. 12. 
 
 ** Miss Strickland's Queens of Eng- 
 land, vol. 3, p. 193, and p. 245, of 
 Phila. edi. 1857. ' Miss Strickland's 
 view is, that Ann was married to Ed- 
 ward in the latter part of July, or begin- 
 ning of August. Id. From the Harl. 
 MS., Mr. Turner had considered it clear 
 " that she was not actually married to 
 the Prince when her father left France. 
 It was an alliance required by Warwick 
 jn July, 1 470, and refused by Margaret. 
 
 She at last assented to it in August, not 
 for its solemnization at that time, but 
 only as a conditional contract. The 
 Prince was to marry her if Warwick 
 recovered the kingdom for him." 
 3 Turner's Engl., edi. 1825, p. 346. 
 This is the same passage wherein Turner 
 alludes to "Shakspear's satirical scene 
 of Richard, the alleged murderer of her 
 assumed husband, courting and winning 
 her." 
 
 *' 3 Stubbs, p. 208. " Queen Eliza- 
 beth, with her family, had remained in 
 the Tower, but perceiving that the tide 
 of loyalty had turned in favour of 
 Henry, she left that fortress secretly, 
 and fled with her mother and three 
 daughters to the sanctuary of West- 
 minster, where she was shortly after- 
 wards delivered of a son." 5 Lingard's 
 Engl., ch. 3, p. 204. "On the 1st of 
 November, 1470." Miss Strickland's. 
 Queens of England, vol. 3, p. 220, of 
 Phila. edi. 1857. 
 
■828 Reign of Edward IV [tit. vi 
 
 Richard Fryston, a clerk or master in the Chancery,** had, during 
 the absence of the chancellor, Bishop Stillington, from March 7 to 
 May 12, 1470, custody of the Great Seal. During these two months 
 ■hills in' chancery were addressed to him as keeper, and not to the 
 •chancellor, although the latter still retained his office and received 
 the Seal back from Friston's hands on May 12.*' 
 
 Of what occurred in the fall of 1470, less seems to have been 
 ascertained by Lord Campbell^ than by Mr. Stubbs. 
 
 ' On the 9th of October, writs for the election of coroners and 
 verderers, and on the 15th the summons for parliament, were issued 
 in Henry's name. On the 26th of November, Henry was made to 
 hold his parliament";— "thirty-four lords were called to it." — "Arch- 
 bishop Neville, who had been made chancellor, preached on the 
 words, 'Turn O backsliding children.' The crown was again settled 
 on Henry, with remainder, in case of the extinction of the house of 
 Lancaster, to the duke of Clarence."" 
 
 "The collapse of Edward's power was so complete, that for some 
 weeks neither he nor his enemies contemplated the chance of a res- 
 toration."'^ The " readaplio regice potestatis,ox forty-ninth year of 
 Henry VI extended from October 9, 1470, to the beginning of April, 
 1471."*' Archbishop Nevill appears as chancellor in three several 
 documents dated respectively December 20, 1470, and February 13 
 and 16, 1471°' 
 
 6. Of the mastership of the Rolls during this reign imtil April, 1471. 
 The king's comviatid thai all matters in his Court of Chancery 
 should be determ.ined " according to equity and good conscience, 
 and to the old course and laudable customs of the same courts 
 
 On the accession of EdwardJV the new grant to Thomas Kirkeby 
 
 *8 Which office he held since 1450, ^1 3 Stubbs's Const. Hist., oh. 18, 
 
 and continued to hold as late as 1472, p. 208. 
 
 12 Edw. VI. (Rqt. Pari, v, 227-571, ^"^ Id. ,20(). ^ /a?., 208, note 3. 
 
 vi, 3.) Foss's Biogr. Jurid, 64 (Rymer xi, 672, 681, 692.) He 
 
 *' (Introd. Proceedings in Chancery, was (rewarded with the grant of the 
 
 Temp. Eliz., vol. I.) Biogr. Jurid. manors of Wodestoke, Hangburgh,Wot- 
 
 ™ I Lives of the Chancellors, pp. 388, ton and Stonefield, and the hundred of 
 
 ,389, of 2d edi. (1846), pp 363, 364, of Wotton for life." Foss's Biogr. Jurid. 
 JBoston edi. 1874. 
 
CH. XXV.] 1461 TO 1483. 829' 
 
 of the Mastership of the Rolls was only 'quamditi se bene gesserit.'' 
 In little more than nine months he was superseded.*' 
 
 Robert Kirkham^ succeeded him Dec. 23, 1461. The Great SeaL 
 was placed in his custody during the absence of the lord chancellor, 
 George Neville in 1463, from August 23 to October 25, and in 1464,. 
 from April 10 to May 14 ; and was put in his hands to transact the 
 business of the chancery in 1467, from June 8 to 20." 
 
 During the Chancellor's absence in 3 E. IV (1463), the Great Seal 
 was committed to Robert Kirkham, " with the same special authori- 
 ties and powers, and almost in the same words mutatis mutandis 
 as the Great Seal, in the preceding reign, was delivered to John 
 Frank ;^ which may be seen in ch. 24, § 13, pp. 789, 790. 
 
 But in June, 1467, when the Great Seal was taken from George 
 Nevill (Archbishop of York and Chancellor) and delivered to Robert 
 Kirkham, Master or Keeper of the Rolls, the delivery to him was 
 sub modo et forma sequentibus, viz : 
 
 "That the course of the law and ministration of justice might 
 not be let" to seal all manner of writs, letters patents, &c. 
 
 " That he used not the said seal but in the presence of the Earl of 
 Essex, Lord Hastings, Sir John Fogg, Sir John Scott, three, two or 
 one of them ; and when the sealing is done, to put it again into the 
 bag, to be sealed with the seals of the said four persons, or him of 
 them that shall be present. 
 
 And that the said Keeper, every day before night, deliver to one 
 of the said persons the said bag with the King's Great Seal, so sealed, 
 and on the morrow receive it again and use it again in manner and 
 form aforesaid. 
 
 And over this, the King willed and commanded that all manner 
 of matters to be examined and discussed in his court of chancery 
 should be directed and determined according to equity and good con- 
 science, and to the old course and laudable customs of the same court, 
 so that if in any such matters, any difficulty or question in the law 
 happen to arise, that he therein take the advice of some of the 
 King's Justices, so that right and justice may be duly administered" 
 (truly ministred) "to every man."'" 
 
 ^He was treasurer of Exeter Cathe- ^ Legal Judic. in Ch., edi. 1727, ch. 2, 
 
 dral when he died, in 1476. Foss's p. 37. 
 
 Biogr. Jurid. ^' Id. There is a slight difference 
 
 5«A Master in Chancery from 1454, between the phraseology on p. 37 and 
 
 32 Hen. VI, till the end of that reign. that on pp. 112, 113; for example, the 
 
 Id. words ' duly administered' are on p. 37,, 
 
 " Id. and ' truly ministred' on p. 113. 
 
■830 Reign of Edward IV [tit. vi 
 
 Mr. Fos.s says of Kirkham, 
 
 He "continued Master of the Rolls till the restoration of Henry 
 VI, on October 9, 1470; and it would seem that he was not removed 
 •during the four following months."—" It appears probable that he 
 had been for some time ill, which perhaps was the cause of his not 
 being disturbed in his office by Henry VI; and as he was not 
 restored to it when Edward IV resumed the throne, he probably 
 died just before Morland's appointment.'"'" 
 
 William Morland held the office of Master of the Rolls only 
 during the last two months of the temporary restoration of Henry 
 VI, between February 12 and April 20, 1471. He had previously 
 been one of the Masters in Chancery ; and after Edward's re-con- 
 quest of the throne he fell back into his former place." ^ 
 
 7. Events in the spring 0/ 1471. At Tewkesbury, May 4, Queen 
 Margaret and Sir John Fortescue taken prisoners ; and the 
 Prince of Wales killed. May 21, Edward IV re-entered Lon- 
 don. Death of Henry VI. Its cause; and his character. 
 What could now influence Fortescue. 
 
 "In March, 147 1, Edward, who had obtained a small force from 
 his brother-in-law of Burgundy, sailed for England,"' and after being 
 repulsed from the coast of Norfolk, landed in Yorkshire on the 14th, 
 at the very port at which Henry IV had landed in 1399."*' 
 
 The letter of Sir John Paston (Letters ii, 60), who fought for King 
 Henry at Barnet has not prevented unfavourable views of the con- 
 duct of Warwick's brother, Nevill, the Archbishop and Chancellor." 
 
 According to Mr. Foss, " Edward marched to the capital, where 
 the recorder, Urswyke, by the archbishop's order, admitted him, on 
 April II, through a postern in the walls; and Henry, who had been' 
 purposely kept out of sanctuary, became again the prisoner of his" 
 rival. Two days after, the archbishop, regardless of the ruin in 
 which he involved his brother, took the oath of fidelity to Edward 
 
 ™ Biogr. Jurid. 8^3 Turner's Engl., edi. 1825, pp. 299, 
 
 61 " Acting like his brethren as a re- 300. 
 
 ceiver of petitions in parliament until ^ Id., p. 301 ; 3 Stubbs's Const. Hist., 
 
 4 Henry VII. (Rot. Pari, vi, 167-409.) ch. 18, p. 209. 
 
 In Feb., 1470, he was installed dean of **3 Turner's Engl., edi. 1825, p. 313, 
 
 Windsor, but was deprived in Octo., 314; 5 Lingard's Engl,, ch. 3, p. 208; 
 
 147 1, a. few months after Edward's Foss's Biogr. Jurid. 
 return." (Le Neve 37$.) Biogr. Jttrid. 
 
•CH. xxv.J 1461 TO 1483. 831 
 
 on the Sacrament at St. Paul's cross, and immediately received a full 
 pardon for all offences he had previously committed." ^ 
 
 Mr. Stubbs says : " Henry, under the guidance of archbishop 
 Neville, had attempted to rouse the citizens to resistance, but had 
 ■completely failed. Edward, on the other hand, was received with 
 open arms by archbishop Bourchier and the faithful Yorkists. On 
 the 13th he marched out of London, with Henry in bis train, to meet 
 Warwick. He encountered him at Barnet"" the next day, Easter 
 day, and totally defeated him. Warwick himself and Montague, 
 were killed in the battle or in the rout.'"' 
 
 On May 4, at Tewkesbury,*^ Edward routed Queen Margaret's 
 army with great slaughter. She, and Warwick's daughter (the Lady 
 Ann), and Sir John Fortescue, were among the prisoners."' 
 
 Whether or no the Prince of Wales was a prisoner, and mur- 
 dered, has been a question.'" Mr. Turner cites Harl. MSS. ; and 
 remarks : 
 
 "That this authentic MS. not only gives no sanction to the popu- 
 lar tale of Edward's calling, the Prince before him rebuking him for 
 his opposition, and striking him for his answer, and of Gloucester 
 ^nd Clarence stabbing him; but declares that he was slain in the 
 field."" 
 
 On May 21 Edward reentered London in triumph. The same 
 night is mentioned as the time of King Henry's death in the Tower, 
 where he had been replaced after the battle of Barnet. The words 
 of an old manuscript are — 
 
 " Post bellum de Tewksburi Henricus nuper Rex Anglits repositus 
 in Turri London, in Vigilia Ascensionis Domini ibidem feliciter 
 
 ■ *5(Rynaer 709, 710.) p. 471, of N. Y. edi. 1850. 
 
 ^Within eleven miles of London. "The extract from the Chronicle of 
 
 *'3 Stubbs's Const. Hist., ch. 18, Tewkesbury, copied by Stowe, mentions 
 
 p. 210. ' that the Prince Vas slain in the field of 
 
 ^ 103 miles from London. Gaston, beside Tewkesbury. 2 Turner's 
 
 '93 Stubbs s Const. Hist., ch. 18, Engl., edi. 1825, p. 335, 336; citing 
 
 p. 210. Harl. MSS. 545, p. 102. Dr. Lingard 
 
 '"Leland's CoUectures, by Hearne, sees no good reason to dispute Stowe's 
 
 ■vol. 2, 505 ; cited in Ld. Clermont's Life narrative. 5 Lingard's Engl., ch. 3, 
 
 of Fortescue, pp. xxxv and xxxvi, of "p. 2\l,note. Mr. Stubbs considers that 
 
 ■Cincinnati edi. 1874 ; Walpole's Historic the young Prince was "killed on the 
 
 Doubts, edi. 1768, p 4to 7; 5 Collyer's field." 3 Stubbs's Const. Hist., ch. 18, 
 
 Engl. loi ; 2 Hume's Engl., ch. 22, p. 2lo. 
 
832 Reign of Edward IV [tit. vr 
 
 moriens per Thames in navicula usque ad Abbatium de Chertsey 
 deductus, ibi sepultus est."''' 
 
 The words feliciier moriens give support to Horace Walpole" 
 and Sharon Turner. Mr. Turner considers " that Henry was so 
 shocked at the tidings of the death of his son, the irretrievable 
 defeats and loss of his friends, and the captivity of his Queen, that 
 his frame sank under the effect of the sudden communication." '* 
 This deserves to be weighed in connection with the expression by 
 Mr. Stubbs as to Henry, that "it is most probable that he was slain 
 secretly." Further Mr. Stubbs says: 
 
 "On Wednesday, the 22d of May, his body lay in state at S. 
 Paul's and Blackfriars, and on Ascension day he was carried off to be 
 buried at Chertsey."" 
 
 Whereas in the words mentioned above, as from an old manu- 
 script, "z« Turri London, in Vigilia Ascensionis Domini''''^ precede,, 
 and are in close connection with, 'ibidem feliciter moriens;'' and. 
 there is silence as to the day of carriage to, and bdrial at, Chertsey." 
 
 Henry "was without doubt most innocent of all the evils ths^t 
 befel England because of him. Pious, pure, generous, patient, simple, 
 true and just, humble, merciful, fastidiously conscientious, modest 
 and temperate, he might have seemed made to rule a quiet people in 
 quiet times."—" For the throne of England, in the midst of the death- 
 struggle of nations, parties and liberties," he was not qualified. 
 
 But "he left a mark on the hearts of Englishmen that was not 
 soon erased. '° 
 
 Sir John Fortescue had been "energetically negotiating for the 
 restoration of King Henry, and did not return with the Queen to 
 England till April, 1471, after the battle of Barnet. His age did not 
 prevent him from being present at the battle of Tewkesbury on May ■ 
 
 «"5irfl/a Mund. MS., inter MSS. called Holy Thursday— is a moveable 
 
 Norfolc. in Off. Arinoi^, N. S.," (the feast, always falling on the Thursday, 
 
 author of which lived in the reign of but one before Whitsuntide. 
 E. IV,) is quoted in a letter of May 4, ""Some years later, Henry's body 
 
 1 75 1, from Mr. T. Carte in 2 Aubrey's was, by order of Richard III, removed 
 
 Letters, edi. 1813, pp. 134, 135. from Chertsey to Windsor, and there 
 
 '3 Historic Doubts, edi. 1768, p. 7. buried with great funeral solemnity." 
 
 '*2 Turner's Engl., edi. 1825, p. 344. 5 CoUyer's Engl., p. 192; 4 Turner's 
 
 '^3 Const. Hist., ch. 18, p. 211. Engl., ch. 2, edi. 1825, p. 85. 
 '"The day on which the ascension of '83 stubbs's Const. Hist., ch. 18^ 
 
 the Saviour is commemorated — often pp. 130, 131. 
 
CH. xxv.J 1461 TO 1483. 833 
 
 4, 1471, where (as has been stated in this section, p. 831,) he was 
 taken prisoner; but it no doubt exempted him from suffering under 
 the subsequent execution of the Lancasterians. His royal master 
 and his princely pupil being now both dead, no hope could remain 
 for ihe party to which he had been devoted. Further opposition 
 thercfort; to the ruling powers would have been fruitless, and the 
 desire of peace for the short remainder of his life, and of obtaining 
 a restoration of his property for his family, was probably all that 
 could now influence him."" 
 
 8. John Alcock Master of the Rolls from April 1471. In what case 
 and when Choke, J., sat with the Master. In March, 1472, 
 Alcock was succeeded as Master by Johji Morton. How Ex- 
 Chancellor Nevill spent his latter years. 
 
 fohji Alcock^ superseded William Morland in the office of Master 
 of the Rolls soon after the battle of Barnet, to-wit: April 29 in 
 II Edw. IV (1471); and may, under power from the crown, have 
 been sitting in that year in Trin. T. 
 
 Then, in an Audita Querela, brcjught in chancery to avoid an 
 execution upon a statute staple certified into the Petty-bag, the 
 Master of the Rolls sat, and was assisted by Justice Choke, a learned 
 judge. Upon this occasion the Master of the Rolls said, 'We are 
 in chancery, where our power is ^to adjudge not only according to 
 law, but conscience'; Choke,']., answered. In this case, 'you are 
 judge according to the course of tlie' common law'; and then the 
 Master of the Rolls said, ' he would consider of it till the next term,' 
 {Et puis il dit que il voil estre avise tanque al prochein tfrm)!'^ 
 
 Alcock, in 147 1, on August 26, was appointed a commissioner to 
 
 "Foss's Biogr. Jurid. There is fur- of the chapel of St. Stephen in the 
 
 ther mention of him in this chapter in palace of Westminster. Bale (who- 
 
 \ 10, and in ch. 29, \ 3. wrote about half a century after his 
 
 ™Born at Beverley, in Yorkshire, death) describes him as so devoted from 
 
 where his father, William Alcock, some- his childhood to learning and piety, 
 
 times burgess of Kingston-upon-Hull, growing from grace to grace, that no one 
 
 was in circumstances sufficiently easy to in England was more renowned for 
 
 send John first to the grammar school sanctity. In March, 1470, (a few months 
 
 there, and then to Cambridge, where he before the restoration of Henry VI,) he 
 
 took the degree of Doctor of Laws in was one of the ambassadors to the King 
 
 1466. lie was collated, in 1461, to the of Castile. (Rymer xi, 653.) Foss's 
 
 church of St. Margaret's, New Fish Biogr. Jurid. 
 
 street, London, and subsequently re- si Year Book 11 E. IV. %b; ga; 
 
 ceivetl two prebends, one of Salisbury, cited and remarked on in Legal Judic. 
 
 the other of St. Paul's. Next he was in Ch., edi. 1727, ch. 5, p. 207 to 213. 
 advanced April 29, 1462, to the deanery 
 
 53 
 
834 
 
 Reign of Edward IV 
 
 [tit. VI 
 
 treat with the Scotch ambassadors for a perpetual peace; and in 
 1472, in March, on the i5th, retired from the Mastership.*'' 
 
 Whereupon John Morton^^ was appointed thereto. In 1473, the 
 Great Seal was several times deposited with him as keeper.** 
 
 Archbishop Nevill, who had made his peace after the battle of 
 Barnet, was in April, 1472, despoiled of his wealth; he spent the 
 rest of his life in captivity or mortified retirement.** Accounts of 
 the matter vary somewhat as to details.** 
 
 Mr. Foss says: "Under the mask of friendship," Edward "had 
 agreed to hunt at the Moor with the prelate, who accordingly pre- 
 pared a magnificent entertainment, embellished with all the plate he 
 possessed, besides much that he had borrowed, to do honour to the 
 occasion. But on the day before^'' he was summoned to the king's 
 presence, and immediately imprisoned on a pretended charge; the 
 riches which he had thus foolishly exposed were confiscated, and the 
 
 ^^Foss's Biogr. Jurid. On the 17th 
 he was made bishop of Rochester. la. 
 
 '^ Born either at Here Regis, or at 
 Milborne, St. Andrew, in Dorset county ; 
 places not above three miles apart. He 
 was son of Richard Morton of an 
 ancient Nottinghamshire family; was 
 educated in Cerne abbey, and is said to 
 have been a monk there. It is certain, 
 however, that he was sent to Balliol 
 College, Oxford, where he took the 
 degree of doctor in both laws. His 
 conduct and learning caused him to be 
 appointed one of the commissaries of 
 the university in 1446, and moderator of 
 the civil law school. In 1453 he was 
 made principal of Peckwater Inn. Com- 
 mencing his public career as an advo- 
 cate in the Court of Arches, he soon 
 attracted the notice of Archbishop Bour- 
 chier, to whose friendship and estimation 
 of his talents he owed several of his 
 advancements in the church and the 
 State. In 1456, while that prelate still 
 held the .'Great Seal, Morton was placed 
 about the person of Edward, Prince of 
 Wales, as his chancellor; and was also 
 made -clerk or master in chancery. His 
 
 ecclesiastical preferments were numerous. 
 
 On the dethronement of Henry VI, 
 neither his clerical nor official character 
 prevented him from joining his unfor- 
 tunate sovereign in the field of Towton 
 on Palm Sunday, 1461. He escaped 
 from the battle, and accompanied Queen 
 Margaret to Flanders. Beyond his being 
 among those who were attainted of high 
 treason in the parliament of the follow- 
 ing November, he is not mentioned 
 during the first ten years of Edward's 
 reign, nor in the short restoration of 
 Henry 71. He obtained a pardon in 
 July, 147 1, and afterwards a reversal of 
 his attainder. Foss's Biogr. Jurid. 
 
 ^ Id. " At the end of that year he 
 was sent with Sir Thomas Montgomery 
 on an embassy to Nuys, in Germany, 
 then under siege, to negotiate a treaty 
 with the Duke of Burgundy. (Paston 
 Letters ii, 78, 90.) Id. 
 
 8^3 Stubbs's Const. Hist., ch. 18, 
 p. 212. 
 
 ^S Lingard's Engl'., ch. 3, p. 215. 
 
 *' So printed on p. 478 of Biogr. 
 Jurid., Boston edi. 1870. 
 
■CH. XXV.] 1461 TO 1483. 835 
 
 revenues of his bishopric seized into the king's hand. In the Ust of 
 the plunder a magnificent mitre is mentioned, the jewels of which 
 were so large and precious that they were appropriated by the king 
 to form a crown for himself. His confinement, which was sometimes 
 at Calais and sometimes at Guisnes, lasted for about three years; 
 but eventually, through the intercession of his friends, he pro- 
 cured his release, and returned to England in December, 1475. He 
 did not long survive his liberation. Although only in the prime 
 of life, he sank under his disgrace; and dying at Blithlaw on June 8, 
 1476, was buried in his own cathedral without tomb or gravestone. 
 
 " He is spoken of as a patron of scientific men ; but no literary 
 •character can counteract the unfavorable sentence which every honest 
 man must pronounce against him, on the manifest proofs which his 
 life offers of fickleness, deceit and treachery.'"* 
 
 ■9. Of John Alcock and Chancellor Stillingtov. By which of them 
 parliament was opened on Octo 6, i!f.y2. Stillington retired 
 from the chancellorship in 1473, between April 8 and October 6. 
 
 Henry Bourchier, earl of Essex, was Keeper of the Great Seal 
 fom June 2j until July 27, when Laurence Booth, bishop of 
 
 Durham, became chancellor. He was succeeded in 1474 by 
 
 Thc>m.as Rotheram, bishop of Lincoln. 
 
 We have no particular account of the conduct of Robert Stilling- 
 ■ton, bishop of Bath and Wells, during the few months that the Great 
 Seal was out of his hands and in those of Archbishop Nevill. But 
 in February, 147 1-2, he obtained a general pardon for all crimes 
 ■committed by him.*" Speaking of y^/^w Alcock, in 1472, Mr. Foss 
 says : 
 
 " On Sept. 20, the Great Seal was placed in his hands, when the 
 lord chancellor. Bishop Stillington, gave up the duties on account of 
 a temporary illness (Glaus. 12 Edw. IV, m. 16). He opened the 
 parliament as keeper on Oct. 6; and the lord chancellor, having 
 recovered, prorogued it on April 5, 1473 (Rot. Pari, vi, 3, 9, 41).'""' 
 
 Information that seems more precise is furnished in the volume 
 ■containing what was extracted from records in the Tower, printed 
 and published in 1657. Therein it is stated that in 12 Edw. IV, on 
 Octo. 6 (1472), a "declaration of the summons of the Parliament" 
 "was made by "Robert, bishop of Bath and Wells, Chancellor of 
 
 **Biogr. Jurid. 633, of Boston edi. 1870. 
 
 ^ Biogr. Jurid, tit. Slilimgton, pp. 632, *> Id., tit. Alcock, p. 8. 
 
836 
 
 Reign of Edward IV 
 
 [tit. VI 
 
 England."^^ This parliament was prorogued from time to time.'* 
 Robert Stillington may have been ill in 1472, on the last day of 
 November, when the bishop of Rochester prorogued the parliament to 
 Feb. 8, 1472-3.*^ But Stillington, as chancellor, prorogued the par- 
 liament in 13 Edw. IV (1473), from April 8, to Octo. 6.'* During 
 this interval was the reluctant marriage of the Lady Anne to her 
 cousin Richard, duke of Gloucester;'^ during the same interval, 
 Bishop Stillington retired from the chancellorship."^ 
 
 After that retirement, Henry Bourchier^'' earl of Essex, held the 
 Great Seal from June 23 ; acting during the whole of Trinity term. 
 
 '^"Iii the presence of the King, sit- 
 ting in the Chair of Estate, in the 
 Chamber de Pinct, within the palace at 
 Westminster, and of the Lords and 
 Commons.'' Cotton's Abr., p. 688, 
 No. I. "The fourth day of the Par- 
 liament the Commons presented to the 
 ■ King, William Allington, Esquire, to be 
 their Speaker." Id., No. 7. 
 
 '^ From the last day of November 
 unto Feb. 8 (1472-3). Id., No. 11. 
 From April 8, in 13 Edw. IV, to Octo. 6 
 (1473). /i^., p. 691, Nos. 41, 42. From 
 Octo. 6, continued from day to day to 
 Dec. 13. Id., p. 692, No. I. 
 
 9S Cotton's Abr., p. 688, No. 11. 
 
 '*/(/., p. 691, No. 42. 
 
 '^ Miss Strickland's Queens of Eng- 
 land, vol. 3, p. 247; 3 Turner's Engl., 
 p. 346, et seq. 
 
 '^He was still, however, employed by 
 the King, and when the Earl of Rich- 
 mond (afterwards Henry VII) escaped 
 from England and took refuge in the 
 territories of the Duke of Bretagne, the 
 bishop was sent to that prince to demand 
 that the fugitive should be given up. 
 He failed in his embassy,' and we hear 
 no more of him during the remainder of 
 the reign than that he was a trier of 
 petitions in the parliament of the seven- 
 teenth year, and that in the eighteenth, 
 
 for some unexplained cause, he received 
 a new patent of pardon." ( Ibid, xii, 66.) 
 Foss's Biogr. Jurid. 
 
 ^' He was son of William, earl of 
 Ewe, in Normandy, son of Sir Robert 
 Bourchier's youngest son William, and 
 was elder brother of the ex-chancellor 
 Thomas Bourchier, archbishop of Canter- 
 bury. On his father's death, in 1420, 
 Henry became earl of Essex, being then 
 about twenty-one, and having served 
 under the king in France for three years 
 previously. He succeeded to the barony 
 of Bourchier in 1435, and for his services 
 in the French wars was created Viscount 
 Bourchier in 1446. His marriage with 
 Isabel, daughter of Richard, duke of 
 York, naturally made him an adherent 
 to that party. After the first battle of St. 
 Albans, in May, 1455, he was constitu- 
 ted treasurer of England, and retained 
 the office about eighteen months. When 
 his nephew, Edward IV, had ascended 
 the throne, he was again in the treasurer- 
 ship for one year ; in the following June 
 he was' advanced to the earldom of Es- 
 sex. He had the treasurership for a 
 third time in 1472, and held it till his 
 death, April 4, 1483. He was buried in 
 the abbey of Bylegh, near Maldon, in 
 Essex. Foss's Biogr. Jurid. 
 
■CH. XXV.] • 
 
 I461 TO 1483. 
 
 837 
 
 ■and bills in chancery being addressed to him by the title of keeper of 
 ■the Great Seal. Thus he acted until a chancellor was fixed upon. 
 
 Laurence Booth^^ was by King Edward selected for his chancellor 
 on July 27, 1473;^' and as such was present in Parliament some parts 
 •of that and of the next year. 
 
 "The fourteenth day of December, in the thirteenth year, the 
 ■bishop of Duresm, Chancellor of England, in the presence of the 
 King, Lords and Commons, after thanksgiving on the King's behalf 
 to every estate, by the King's commandment, prorogued the Parlia- 
 ment unto the twentieth day" of January then ensuing, at Westmin- 
 •ster."'<" 
 
 The " first day of February, in tlje presence of the King, sitting in 
 the chair of estate, the Lords and Commons, the bishop of Duresm, 
 chancellor, remembered the Commons, that this assembly was for 
 ■consultation, how the King might proceed in the wars ; and for that 
 
 ''Of a "very antient and knightly 
 family' (Dugdale's Baronage ii, 481), 
 possessing property in Cheshire and 
 Lancashire. From the reign of Edward 
 I there were five generations before John 
 Booth, or Bouth of Barton, who (by 
 two wives) had twelve children. Lau- 
 rence was the youngest son and the only 
 child of the second wife, Maude, daugh- 
 ter of Sir John Savage of Clifton, or 
 Rock-Savage, in Cheshire. He was a 
 student at Cambridge ; became master of 
 Pembroke- Hall in 1450, and afterwards 
 chancellor of the university. Ecclesias- 
 tical preferments flowed quickly on him. 
 From the rectory of Cottenham, in Cam- 
 bridgeshire, he was successively ad- 
 vanced to the provostship of Beverley, 
 in 1453 ; canonries in York and Lich- 
 field; the archdeaconry of Richmond in 
 1454; the deanery of St. Paul's in 1456, 
 and the bishopric of Durham by papal 
 bull on Sept. 15, 1457. (Monast. vi, 
 1307; Le Neve.) Although Fuller de- 
 scribes him as ' neither' for York, or Lan- 
 caster, but England,' yet until the Lan- 
 'castrians were deprived of all hope, he 
 was zealously attached to their interest 
 and employed in their service : in 1454 
 
 he was Queen Margaret's counsellor and 
 keeper of Henry's privy seal. He was 
 not included in the act of attainder 
 passed in 146 1 ; but thereby his right to 
 forfeitures within the palatinate was 
 excepted in his favour. Within a short 
 period, however, he had incurred King 
 Edward's displeasure. His temporali- 
 ties were seized into the King's hands on 
 Dec. 28, 1462, and were not restored to 
 him till April 17, 1464. Then he was 
 so far reinstated in the King's favour, 
 that all grants to him were excepted 
 from the act of resumption passed in 
 that year. He in July, 1471, joined in 
 accepting Edward, Prince of Wales, as 
 heir to the crown, and in the next par- 
 liament was a trier of petitions. (Rot. 
 Pari. V, 319; vi, 3, 234.) Foss's Biogr. 
 Jurid. 
 
 ^'Foss's Biogr. Jurid. 
 
 ""Cotton's Abr., p. 693, No. 16. 
 After which is the following : " The re- 
 assumption of the parliament the twen- 
 tietli day of January aforesaid, and con- 
 tinuance of the same to the first day of 
 February then ensuing." Id., p. 694, 
 No. 17. 
 
838 
 
 Reign of Edward IV 
 
 [tit. vr 
 
 they had heard nothing from his brother of Burgundy, whereon, he 
 much depended, he, by the King's commandment, prorogued the 
 Parhament from the said day, unto the ninth of May then ensuing.' "" 
 
 In 1474, after February i, Laurence Booth, bishop of Durham, 
 ceased to be chancellor,^'"' and was succeeded by Thomas Rotheram;'^ 
 alias Scot, who had been translated from the see of Rochester to 
 that of Lincoln. The date of his patent as chancellor must have 
 been between February i and May 28, 1474.^°* 
 
 10. In 14 Edw. IV, the attainder of Sir John Fortescue made void, 
 and his lands restored to him. 
 
 In a report of proceedings upon the re-assembly of the Parliament 
 
 loi/t/., p. 694, No. 18. After which 
 is this : " The reassumption of the par- 
 liament the ninth day of May, and so 
 continued unto the twenty-eighth day of 
 May then ensuing." Id., No. 19. 
 
 102 » -^Ye may presume that his removal 
 from it was occasioned by no dislike of 
 the King, inasmuch as within ten days 
 of the death of Archbishop Nevill, in 
 June, 1476, the temporalities of the See 
 of York were placed in his custody, and 
 he was translated to that province on the 
 1st of the following September. He 
 presided as primate less than four years, 
 dying at Southwell on May 19, 1480. 
 His remains were deposited in the colle- 
 giate church by the side of his brother. 
 Archbishop William Booth, who had 
 been interred there sixteen years before." 
 
 They had a brother John, who was 
 bishop of Exeter; the son of another 
 brother was raised to the peerage as 
 baron Delamere, and afterwards created 
 earl of Warrington ; and the daughter of 
 another of the twelve children (of John 
 Booth) married Ralph Nevill, the third 
 earl of Westmoreland. Foss's Biogr. 
 Jurid. 
 
 ^"5 His family was named Scot, and 
 resided at Rotheram, in Yorkshire, 
 where he was born Aug. 24, 1423. His 
 
 parents, though not in an elevated rank, 
 were able to send him first to Eton, and 
 then to Cambridge, where, in 1444, he 
 was one of the first scholars at King's 
 College, after its foundation. He then 
 was elected a fellow of Pembroke Hall, 
 of which he afterwards became master 
 in 1480, and he presided over the uni- 
 versity for sometime as Chancellor. 
 
 Having been selected as one of the 
 chaplains of Edward IV, he quickly 
 acquired the royal favour. In one year 
 {1468) he was advanced to the post of 
 keeper of the Privy Seal, with the profit- 
 able appointment of provost of Beverley, 
 and a seat on the Episcopal bench as 
 Bishop- of Rochester. In Aug., 1469, 
 he was sent as sole ambassador to treat 
 for peace with the King of France. 
 (Rymer xi, 625.) In 1472 he was trans- 
 lated from Rochester to the diocese of 
 Lincoln. Foss's Biogr. Jurid. 
 
 i^'On that day "the bishop of Lin- 
 coln, Chancellor of England," made the 
 prorogation mentioned in Cotton's Abr., 
 p. 695, No. 27. Upon the reassumption 
 of parliament, June 6, there was a con- 
 tinuance of the same unto July 18. Id.^ 
 p. 69s, No. 28. The same i8th of July^ 
 " Thomas, bishop of Lincoln, Chancellor 
 of England," prorogued the parliament 
 
CH. XXV.] 1461 TO 1483. 839 
 
 prorogued t6 Octo. 6, in 13 Edw. IV, and continued from day to 
 day, to Dec. 13, there is tlie following: 
 
 "John Fortescue, Knight, is restored to blood and lands, and the 
 attainder had against him An. i E. IV, made void." '"^ 
 
 After the words at the close of § 7, p. 833, Mr. Foss says : 
 
 "These feelings no doubt operated to produce the retractation 
 spoken of by Selden, of all he had previously written against Ed- 
 ward's title, and this it is apparent on the record, was one of the 
 causes of that monarch's reconciliation with him, and of the reversal 
 of his attainder in October, 1473, 13 Edw. IV, when he was re-ap- 
 pointed a privy councillor."™ 
 
 Fortescue's petition for the reversal of.his attainder has lately been 
 reprinted.^"' The causes of the King's assent to the proceecing in 
 parliament are set forth in a document dated at Westminster 'quarto 
 decimo die Februarii anno regni nri quarto decimo.' "' 
 
 //. Of the dukes of Clarence and Gloucester ; Gloucester' s measures 
 by marriage and through the King and Parliament to obtain a 
 part of the large estate of the Earl of Warwick. Proceedings 
 in the parliament which began Octo. 6, in 12 Edw. IV, and 
 ended i^^h March, 15 Edw. IV. It statutes. Birth of Glouces- 
 ter's son. Death of Clarence's wife. 
 
 The King had much disquietude from the rapacity of his brothers, 
 the Dukes of Clarence and Gloucester. Gloucester sought by mar- 
 rying the earl of Warwick's youngest daughter, Ann, the betrothed '" 
 of Edward, prince of Wales, to obtain a share of the immense 
 property of that earl."° Ann (as stated in § 9, p. 836) reluctantly 
 
 unto Feb. 23. Id., p. 696, No. 8. On to 375, of 2d edi. (1846;) p. 349 to 351 ^ 
 
 that day was "the reassumption of the .of Boston edi. 1874. 
 
 parliament." Id., No. 9. ^^Z Turner's Engl., edi. 1825, p. 346. 
 
 "5 Cotton's Abr., p. 693, No. 4. H" " Derived from two sources, the 
 
 I'^Foss's Biogr. Jurid. inheritance of his father, the earl of 
 
 1"' From Rolls of Parliament vi, p. 69 ; Salisbury, and the possessions of his 
 
 in Lord Clermont's Life of Fortescue, wife, Anne, the heiress to the noble and 
 
 p. xl to xliii, of Cincinnati edi. 1874. opulent family of Beauchamp." 5 Lin- 
 
 ™0f which a copy is in Lord -Camp- gard's Engl., ch. 3, p. 218, of Boston 
 
 bell's Lives of Chancellors, vol. i, p. 373 edi. 1854. 
 
840 Reign of Edward 1\' [t:: m 
 
 became Duke Richard's wife. In parliament, in 1473, after May 0, 
 and before May 28, were the following proceedings: 
 
 20. "The King, by common consent, granteth that George, duke 
 of Clarence, and Richard, duke of Gloucester, and Anne his wife, 
 daughter and heir to Richard Nevill, late earl of Warwick, and 
 daughters and heirs apparent to Anne, countess of Warwick, shall 
 enjoy to them and to the heirs of their said wives, all the heredita- 
 ments belonging to the said Anne in such wise as if the said Anne 
 were dead, and that their said wives should be of blood to the said 
 Anne and enjoy all benefits accordingly; and the said Anne, there- 
 fore, forever barred." 
 
 21. "That the said Dukes and their wives, and the heirs of their 
 said wives, may make partition of the premises to be good in law; 
 and that the said Dukes, or either of them, over-living his wife, bhall 
 during his life, enjoy her property." 
 
 22. "That all alienation?, discontinuances, charges and incum- 
 brances, suffered by any of the said Dukes, or their wives to debar 
 the other of their said purparties, to be utterly void." 
 
 23. " That if the said Duke of Gloucester be at any time after, 
 divorced from the said Anne, after newly her marriage, and suffer 
 any such incumbrances, as above, to be void. And further, if <"he 
 said Duke Richard, upon such divorce, doth the uttermost to be 
 reconciled during his wife's life, that then after the death of his said 
 wife, he shall enjoy her property."'" 
 
 According to the prorogation, July 18, 1473, by "Thomas, bishop 
 of Lincoln, chancellor of England, "there was a re-assumption of the 
 parliament," F eh. 22,, 'anno 14E. IV' (1474)."'' After which were 
 the following : 
 
 16. "At the petition of Richard, duke of Gloucester, the King 
 spareth the attainting of John Nevil. late Marquis of Montacute, and 
 by authority of Parliament giveth to the said Duke, and to the heirs 
 of his body lawfully begotten, sundry honou-.s, baronies, castles, 
 manors and other hereditaments, which' late were Richard Nevil's, 
 late Earl of Warwick." 
 
 17. "The like estate, by authority of Parliament, the King giveth 
 to his brother George, Duke of Clarence, of and in the manors of 
 Claveringe, with the appurtenances in Essex, and Mantiort (or Men- 
 son), called the Harder, and two houses adjoining thereto in London, 
 which late were the said Earl's of Warwick." 
 
 18. "In exchange of the manor and wapentake of Chesterfield, 
 and Scarnesdale in the county of Derby, and of the manor of Bushey, 
 in Hartfordshire, allotted to Richard, Duke of Gloucester, and Anne 
 his wife, cousin and heir of Alice, Countess of Salisbury, viz: one 
 
 1'^ Cotton's Abr., p. 694, No. 20 to 24, "' Jd., p. 5g6, Nos. 8 and 9. 
 
•CH. xxv.J 1461 TO 1483. 841 
 
 -of the daughters and heirs of Richard, late Earl of Warwick, son 
 and heir to the said Alice, and given to the King in fee, the King 
 .giveth to the said Duke and Anne, and to the said Anne in fee the 
 manor of Cottingham, with the advowson of the same in the county 
 •of York, which late belonged to Richard, late Duke of York, the 
 King's father, and the castle and town of Scardesburgh, with the fee 
 farm of the same and other liberties." 
 
 19. "A provision that if any of the premises given by the King 
 -be recovered from the said Duke or Anne, or the heirs of the said 
 Anne, that then they, or the heirs of the said Anne, may re-enter 
 upon the premises by them sold." 
 
 20. ''Where the King by his letters patents in anno 14, had given 
 to George, Duke of Clarence, in especial tail the manors of Stam- 
 ford, Courteney, Torbrian, Stappleton in the county of Devon, 
 Haslebury, Iwarne, Courtney in Dorsetshire, Kingesden, besides 
 Ilehester in Somersetshire, the King revokethe the same gift, and 
 by authority of Parliament giveth the premises to the said Duke in 
 fee, to hold of the King by Knight's service ; the which gift was 
 made anno 15 E. IV, by Parliament.""" 
 
 44. "The 14th day of March" {anno 14 E. IV), "the Bish. of Lin- 
 coln, chancellor of England, on the King's behalf, gave thanks to 
 all the estates, and so dissolved the parliament.""* 
 
 In Yorkshire,-at Middleham, where Duke Richard and Ann his wife 
 resided in 1474, their only son was born."' Clarence's wife died Dec. 
 12, 1476.' ^ It was supposed that her death was caused by poison- 
 ing."' 
 
 Statutes and ordinances of the parliament holden the sixth day of 
 October, in 12 Edw. IV, and continued by prorogations and adjourn- 
 ments to 14th March, 15 Edw. IV, are in .nine chapters;"* whereof 
 the first is in i 'Statutes Revised,'"' and the sixth is mentioned 
 below."" "The statutes made at Westminster in the fourteenth 
 year," are in four chapters.''^ 
 
 "'Cotton's Abr., p. 697; 5 Lingard's 17, 18. 
 
 Engl., ch. 3, Buston edi. 1854, p. ZI9. "82 Stat, of the Realm, p. 431 10444. 
 
 '"Cotton's Abr., p. 700. "" Edi. 1870, pp. 350, 351. 
 
 "5 Miss Strickland's Queens if Engl., ""Ch. vi recites statutes relating to 
 
 vol. 3, Phila.. edi. 1857, p. 247. Sewers, (6 H. VI, c. 5 ; 8 H. VI, c. 3 ; 
 
 ™Id., p. 247. 18 H. VI, c. 10; 23 H. VI, c. 8,) and 
 
 '" For poisoning her there was process provides that " for fifteen years next 
 
 ■and judgment in 16 E. IV at Ware ensuing, commissioners of Sewers may 
 
 against Anckenett Twyndowe, and there-* be granted after the form of those under 
 
 fore "said Anckenett suffered death;" 6 Hen. VI, c. 5." 
 
 in 17 E. IV the judgment is utterly re- "'2 Stat, of the Realm, p. 445 to 451. 
 pealed." Cotton's Abr., p. 703, Nos. 
 
842 Reign of Edward IV [tit. vi 
 
 12. Of John Morton, Master of the Rolls from 14.J2 to 1479 ; and 
 his nephew, Robert Morton, who held the office during the 
 remainder of the reign. 
 
 To John Morton, mentioned in § 8, p. 834, as Master of the Rolls,, 
 there is a second patent dated May 2, 1475, more than three years 
 after his first appointment. 
 
 " On comparing the two, the cause of this renewal seems to be a 
 doubt he entertained whether the grant in the first patent of the Do- 
 mus Conversorum, 'pro habitatione sic&' did not prevent him from 
 residing in any other place, as the only variation in the second patent 
 is in reference to that house, the custody of which was then granted 
 to him, per se vel per sufficientem deputatum suum sive sufficientes 
 deputatos suos! "' 
 
 In 12 Harl. MisceL, the person who, on p. 11, is called Dr. Marten 
 is on p. 19, referred to as 'the master of the rolls,' and is mentioned 
 among those in England who were the French King's pensioners^ 
 and to whom he 'gave great gifts besides their pensions.'"' Mr. 
 Fobs says : 
 
 " Dr. Morton was one of the negotiators of the treaty by which 
 Louis XI stopped the invasion" (of France) "by giving to the Eng- 
 lish king an annual pension, and distributing large sums among the 
 most powerful in his court, of' which Dr. Morton, with such examples 
 before him, deemed it no disgrace to be a pardcipator." '** 
 
 For Robert Morton^'^ his uncle procured, on May 30, 1477, a grant 
 in reversion of the Mastership of the Rolls, on his death or resigna- 
 tion. The latter contingency occurred on, or soon after, John's pro- 
 motion to the bishopric of Ely. Oil Jan. 9, 1479, he resigned the 
 Mastership of the Rolls. Then Robert took possession of the 
 office;'^* and he retained it during the remainder of this reign."' 
 
 "2 Foss's Biogr. Jurid. August 8, 1478. Biogr. Jurid. 
 
 123 The pages referred to are of Lond. "5 goj, gf gj^ Rowland Morton of 
 
 edi. i8n (of Harl. Miscel.) Thovining, in Gloucestershire, who was 
 
 i'*Foss's Biogr. Jurid.; citing Cal. a younger brother of John Morton.. 
 
 Rot. Pat. 321; Rymer xii, 45, 48, and Foss's Biogr. Jurid. 
 
 Turner iii, 355. The earhest oppor- 126 jje also succeeded his uncle in the 
 
 tunity was taken to advance Morton in archdeaconry of Ely. Id. 
 
 the church. Bishop William Grey had '"t And during the four weeks of which 
 
 not been dead above four days ere Mor- that of Edward V consisted. Foss's 
 
 ton was, by the King's request, elected Biogr. Jurid. 
 as his successor in the See of Ely on 
 
CH. XXV.] 1461 TO 1483 843- 
 
 I J. Instances in England of two chancellors acting- at the same time ; 
 Alcock and Rotheram. The connection of Chancellor Rotheram 
 and ex-chancellor Bourchier with the peace of 1476 between 
 Engl xnd and France. Position of Margaret of Anjou (^Qjieen 
 of Henry VI) during the remainder of her life. 
 
 Oi fohn Alcock (mentioned in § 8, p. 833,) it is said: 
 
 "King Edward entrusted to hiin the education of his infant son, 
 and placed him on his privy council, and a curious instance of the 
 royal favour occurred in the year 1475, when both Alcock and Bishop 
 'Rotheram, held the title of lord chancellor for several months 
 together, affording a solitary instance, in the history of this king- 
 dom, of two chancellors acting at the same time. The fact is in- 
 contestably proved by the evidence of numerous Privy Seal bills 
 addressed to both by the same title from April 27 to September 28, 
 1475. This extraordinary circumstance may be thus explained. 
 When the king planned his invasion of France, he intended to be 
 accompanied by his lord chancellor. Bishop Rotheram, and feeling 
 it necessary to provide for the business of the Chancery in England, 
 he nominated Bishop Alcock to take the duty during the chancellor's 
 absence. Instead, however, of pursuing the customary practice of 
 making him merely keeper of the Seal, he, as a mark of special 
 favour, invested him with the title of chancellor, intending that the 
 regular chancellor should be with him during the whole period of 
 his absence in France. It happened, however, that the armament 
 was delayed from April till July, so that during those months Privy 
 Seal bills were addressed to both officers in England, frequently on 
 the same day, and from the same place. The last writ of Privy Seal, 
 addressed to Bishop Alcock, was dated on September 28,''^ after 
 which Bishop Rotheram., having returned from France, resumed his 
 functions as sole chancellor." '^ 
 
 In France the chancellor was not the sole person on the part of the 
 King of England ; nor was Dr. Morton his only associate. The ex-chan- 
 
 128 "Xhe See of Worcester becoming ston-on-Hull, where he built a chapel 
 
 vacant, the King was happy in the oppor- over the remains of his parents at the 
 
 tunity of appointing Alcock to fill it; south of the church, endowing a chantry 
 
 and possession of the temporalities was there also. (Cal. Rot. Pari., 324.) In 
 
 granted to him on September 25, 1476. 1478 he was constituted President of 
 
 (Rymer xii, 34.) He presided over the Wales, but on the death of Edward he 
 
 diocese for the rest of the reign, during was removed from the preceptorship of 
 
 which he enlarged the church of West- his infant successor by the protector 
 
 bury, and founded a school at King- Richard." Foss's Biogr. Jurid. ^^^ Id.. 
 
■844 Reign of Edward IV [tit. vi 
 
 cellor, Thomas Bourchicr, archbishop of Canterbury, was there also.™ 
 
 14. Of the ex-chancellor, Bishop Waynflete. 
 
 "That King Edward duly appreciated the merits of Bishop Wayn- 
 flete, and did not treat him with any harshness in consequence of his 
 attachment to. the fallen Henry, appears from the bishop's being 
 appointed a trier of petitions in the first pariiament of that reign, 
 (Rot. Parl|^, 461,) and from the just decision made by the king in 
 that parliament against the claims which had been raised by some of 
 the bishop's tenants in Hampshire. These acts were followed by 
 others of an equally generous character, till at last, in the eighth 
 year of the reign, February i, 1469, a full pardon was granted to 
 ,him, with an introduction declining- his manifest good deserts, and 
 that the king had admitted him into his special favour. Whatever 
 part the bishop took in the following year, when King Henry was 
 for awliile restored, of which we have no clear account, it was over- 
 looked by Edward on regaining the throne, and a new pardon 
 released the bishop from any fears he might have entertained. 
 During the remainder of Edward's reign, though he received fre- 
 quent tokens of the king's good will towards him, he continued to 
 enjoy the regard of the Lancasterian party, owing both to the mild 
 virtues of his character, and the absence of intemperance on the one 
 side and ot servility on the other.""' 
 
 75. Of the Parliaine7its in 77 Edw. IV {i^-jy-S), and 22 Edw. IV 
 
 {1482-3). 
 
 "Thomas, bishop of Lincoln and Chancellor of England, by the 
 King's commandment, declared the cause of the calling" of "the 
 Parliament holden at Westminster the sixteenth day of January," 
 
 ""12 Harl. Miscel., p. 11, of edi. and Louis XI (while Edward was in 
 181 1. Of circumstances connected with France), are stated in Miss Strickland's 
 the treaty between England and France Queen's of England, p. 201, of Phila. 
 there are curious accounts, /d., p. 9 to edi. 1857. Margaret arrived at Dieppe 
 20; 5 CoUyer's Engl., p. 195 to 198; in the beginning of January, 1476. At 
 2 Hume's Engl., ch. 22, p. 474 to 477, Rouen, on the 29th, she signed a formal 
 of N. Y. edi. 1850; 5 Lingard's Engl., reunciation of all rights her marriage 
 ch. 3, p. 222 to 225. Mr. Foss says: in England had given her. Thence she 
 " The Chancellor is reported to have proceeded to the home to which her 
 received from Louis an annual penson of father welcomed her — RecuWe, about 
 2,000 crowns, a payment to which no a league from Angers, on the river May- 
 disgrace seems to have been attached !'' ence. ' Anjou's lone matron, in her 
 Biogr. Jurid. How much the King father's hall,' li.ved in seclusion till his 
 received is stated in 3 Stubbs's Const. death in 1480. She died, in 1482, near 
 Hist., ch. 18, pp. 214, 215. Saumur, at the chateau of Damprierre, 
 
 What was done by the father of Mar- August 2Sth, in the fifty-first yejr of her 
 
 garet of Anjou for her ransom, and the age.' Id., p. 201 to 204. 
 
 agreement therefor between Edward IV ''^Foss's Biogr. Jurid, 
 
CH. xxv.J 1461 TO 1483 845- 
 
 17 Edw. IV (1477-8)."" Within a few days the Commons chose and 
 presented their Speaker."' The Duke of Clarence was now in the 
 Tower. Observations have been made upon his trial and the man- 
 ner of his death "* Mr. Stubbs says : , 
 
 " Edward himself acting as the accuser, he was attainted chiefly on 
 the ground of his complicity with the Lancastrians in 1470; the bill 
 was approved by the Commons; and on the 7th of February order 
 was given for his execution." — " How he actually perished is uncer- 
 tain.""* 
 
 His death was Feb. 17, 1477-8; its mode is often alluded to by 
 historians,'^^ but does not appear in the printed statutes of the Par- 
 liament."' 
 
 Chancellor Rotheram who, on Sept. 3, 1480, received the addi- 
 tional dignity of Archbishop of York,"* made at Westminster, on 
 Jan. 20, in 22 Edw. IV (1482-3),"' "'a declaration of the calling of 
 the Parliament." The choice by the Commons of their Speaker was 
 declared unto the Lords on the second day of the Parliament; and 
 on the third day John Wood, Esq., was presented as such to the 
 King."" Statutes of this parliament are published."' 
 
 ''^" In the presence of the JCing, sit- saying, "I have an abridgment of an 
 ting in the Chair of Estate in the Cham- English chronicle which drowns the 
 ber de Pinct, otherwise called St. Ed- Duke of Clarence in a rundlet of Malm- 
 ward's chamber, and of the Lords and sey ; the Duke might as soon be drowned 
 Commons." Cotton's Abr., p. 701, No. I. in a thimble." 8 Harl. Miscel., edi. 
 
 '^The second day of the Parliament 1810, pp. 384,385. "A butt oi Malm- 
 
 their choice was declared unto the sey" is the expression of CoUyer, Hume, 
 
 Lords. The fourth day thereof " the and some others. 
 
 Commons presented to the King Wil- ^" 2 Stat, of the Realm, p. 452 to 467. 
 
 liam AUington, to be their Speaker." Ch. 7 is in I Statutes Revised, edi. 1870, 
 
 Id., p. 702, Nos. 8, 9. pp. 352, 353. 
 
 •'*5 Collyer's Engl., edi. 1775, pp. i'^ Foss's Biogr. Jurid. 
 
 201, 202; 2 Hume's Engl., N. Y. edi. 139 "Jn the presence of the King, sit- 
 
 1850, pp. 480, 481 ; Reeves's Hist, of ting in the Chair of Estate in the Cham- 
 
 Engl. Law, ch. 26, edi. 1869, pp. Ill, ber de Pinct, commonly called St. Ed- 
 
 H2; I Campbell's Lives of Chancellors, ward's chamber," "and of the Lords 
 
 ch. 23, Boston edi. i87'4, pp. 370, 371. and Commons." Cotton's Abr., p. 705, 
 
 ''»3 Stubbs's Const. Hist., ch. 18, No. i. 
 pp. 215, 216. ""//., Nos. 6 and 7. 
 
 isfij Xurner's Engl., edi. 1825, p. 349. "' In 2 Stat, of the Realm, p. 468 to 
 
 Colo. Pride, in his last speech (after the 476. 
 restoration of Charles 11,) is reported as 
 
■846 Reign of Edward IV. [tit. vi 
 
 i6. Edward's death and character. 
 
 Edward was about forty-one years of age when he died, April 
 9, 1483;"" he was buried at Windsor, in the chapel of St. George."^ 
 
 "With great personal courage he may be fairly credited; he was, 
 moreover, eloquent, affable, and fairly well educated." — ■" He had, or 
 professed to have, some love of justice in the abstract, which led 
 him to enforce the due execution of law, where it did not interfere 
 with the fortunes of his favourites, or his own likes and dislikes; 
 He was, to some extent, a favourer of learned men ; he made some 
 small benefactions to houses of religion and devotion, and he did 
 not entirely root up the collegiate foundations of his predecessors 
 of the house of Lancaster. But" (Mr. Stubbs observes) "that is 
 all : he was, as a man, vicious, far beyond anything that England 
 had seen since the days of John, and more cruel and blood-thirsty 
 than any king she had ever known.""* 
 
 He " took personal part in the trials of men who had offended 
 him. The courts of the constable and the marshal sent their vic- 
 tims to death on frivolous charges and with scant regard for the 
 privilege of Englishmen." His "reign furnishes the first authorita- 
 tive proofs of the use of torture in the attempt to force the ac- 
 cused to confession, or to betray their accomplices. "° 
 
 His "introduction of martial law into civil government was a high 
 strain of prerogative"; and should "have appeared exceptionable to 
 a nation so jealous of their liberties as the English.""^ 
 
 "^ Leaving five daughters and two '** At the east end of St. George's 
 
 sons ; the eldest son, Edward, Prince of chapel, north aisle, is the monument to 
 
 Wales, being in his thirteenth year. Edward IV. On a flat stone, at its foot, 
 
 5 Collyer's Engl., p. 204; 2 Hume's are engraven, in old English character, 
 
 Engl., ch. 22, p. 483, of N. Y. edi 1850; the words, 'King Edward, and his 
 
 Walpole's Historic Doubts, p. 15. Dr. Queen, Elizabeth Widville.' In 1810, 
 
 Lingard speaks of Edward as in his in an excavation there, ' two stone cof- 
 
 twelfth, and Richard in his eleventh, fins containing' her body and that of 
 
 year. 5 Lingard's Engl., ch. 3, p. 235. her third son, prince George, who died 
 
 Supposing Edward born Nov. 1st, 1470, in infancy," were discovered fifteen feet 
 
 he completed his twelfth year Nov. I, below the surface." Id., p. 241. 
 
 1482. According to Miss Strickland, '**3 Stubbs's Const. Hist., ch. 18, 
 
 " Richard, duke of York, born at p. 219. 
 
 Shrewsbury in 1472, was, " at his father's ^*'' Id., pp. 274, 275. 
 
 death, eleven years old." Queen's of ^'^2 Hume's Engl., ch. 22, N. Y. 
 
 England, vol. 3, p. 232, of Phila. edl. edi. 1850,9.450. 
 1857. 
 
CH. XXVI.] 1483, April 9 to June 25. 847 
 
 Edward may be commended for rejecting " a petition that persons 
 -who had committed the acts of sacrilege which were attributed to 
 the Lollards, should be regarded as guilty of htgk treason."^" But 
 this does not contravene the statement that in his reign " no statute 
 was passed for the redress of grievances or maintenance of the sub- 
 ject's liberty."'*^ Mr. Stubbs speaks of it as "the first reign in our 
 annals in which not a single enactment is made for increasing the 
 liberty or security of the subject.""' Mr. Green's language is that 
 it "is the first reign since that of John, in which not a single law 
 which proposed freedom or remedied the abuses of power was even 
 proposedr"^" 
 
 CHAPTER XXyi. 
 
 INSTITUTIONS IN THE REIGN ;OF EDWARD V— 1483, 
 APRIL 9 TO JUNE 25. 
 
 J. Proceedings before change in the custody of the Great Seal. 
 Archbishop Rotheram removed from the chancellorship in May. 
 
 On the borders of Wales, about 29 miles from Shrewsbury, and 
 150 from London, is Ludlow Castle. 
 
 "The young Edward was keeping court at Ludlow, surrounded 
 by his mother's kinsfolk and the council which his father had assigned 
 
 "'3 Stubbs's Const. Hist., ch. 19, tices may enquire thereof." To which 
 
 p. 363. This may refer to the petition it was answered the King will be ad- 
 
 in 8 Edw. IV, "That all such as shall vised." Cotton's Abr., p. 684. 
 
 rob any church of any pax, coap, granel, "^ Hall. Mid. Ages, ch. 8, part 3, 
 
 masse-book, or any other trinket of the p. 220, of vol. 2, Phila. edi. 1824. 
 
 church," "may be deemed a traitor, "'3 Stubbs, p. 275, and pp. 281, 282. 
 
 and be burned therefor; that all such '^o Qfgen's Short Hist., ch. 6, p. 305, 
 
 persons be deprived of the benefit of of N. Y. edi. 1876; Hist, of Engl, 
 
 their clergy, and that the appeal for the Peop., book 5, ch. i, p. 9, of vol. 2, edi. 
 
 restitution may also lie, and that all jus- 1879. 
 
848 Reign of Edward V [tit. vi 
 
 him as prince of Wales ; ^ the queen was at Westminster in the midst 
 of the jealous council of the king; the duke of Gloucester in York- 
 shire. At once the critical question arose, into whose hands the 
 guardianship of the king, and supreme influence in the kingdom, 
 should fall. The queen naturally, but unwisely, claimed it for her- 
 self; her brother, the marquis of Dorset, seized the treasure in the 
 Tower; and Sir Edward Wydville attempted to secure the fleet. 
 The council, led by lord Hastings and supported by the influence of 
 the Duke of Buckingham, would have preferred to adopt the system 
 which had been adopted in the early days of Henry VI, and to have 
 governed the kingdom in the king's name, with Gloucester as presi- 
 dent or protector." 
 
 " The king from Ludlow, the Duke of Gloucester from York, set 
 out for London, the council knowing that Edward was in the hands 
 of the Woodvilles, forbade him to bring up with him more than two 
 thousand men ; he was to be crowned on the first Sunday in May. 
 When Gloucester reached Northampton he met the Duke of Buck- 
 ingham and concerted with him the means of overthrowing the 
 Wydvilles." — "Lord Rivers and Sir Richard Grey, who had been 
 sent to them by the king, accompanied them as far as Stony Strat- 
 ford, where they were to meet the king; but before they entered the 
 town they were arrested and sent into the north. The news travelled 
 rapidly, and the queen, on the ist of May, fled into sanctuary. Dor- 
 set and Edward Wydville took to flight. On the 4th the king and 
 the dukes enteted London; after a long session of the council," 
 "duke Richard was proclaimed protector of tne kingdom. On the 
 13th of May a summons was issued for parliament to meet on June 
 25; on the i6lh (of May) the duke of Buckingham was made chief 
 justice of Wales." ^ 
 
 The Lord Chancellor, Archbishop Rotheram, who had been at- 
 tached to Edward IV, and after his death continued as chancellor for 
 a few weeks, could not but notice that the Duke of Gloucester had 
 possession of the person of the infant sovereign. 
 
 "To dissipate any fears that might arise from this act, the wily 
 
 '3 Stubbs's Const. Hist., ch. 18, and the boy's education was carefully 
 
 p. 221, with this note: "His governor attended to. Ordinances were drawn 
 
 was Lord Rivers, appointed Sept. 27, up by Edward IV for his son's household 
 
 1473. Bishop Alcock, of Worcester, was in 1473, which are printed among the 
 
 the president of his council; Bishop Ordinances of "the Household, pp. 25-33; 
 
 Martin, of S. David's, his chancellor; and others were issued as late 351482;. 
 
 Sir Thomas Vaughan, chamberlain ; Sir Nichols, Grants, &c., vii, viii. 
 William Stanley, steward ; Sir Richard ^3 Stubbs's Const. Hist., ch. 18,, 
 
 Croft, treasurer; Richard Hunt, con- pp. 221, 222. The same day he had a 
 
 troUer: Nichols, Grants of Edw. V, commission of array for the westera 
 
 p. V, III. Lord Rivers was an accom- counties. The grant was renewed July 
 
 plished man, and the patron of Caxton; 15. Id., p. 223, note i. 
 
CH. XXVI.J 1483, April 9 to June 25. 849 
 
 ■duke sent a messenger to the archbishop, assuring him that all would 
 be well. ' I assure him ' was the answer of the chancellor, ' be it as 
 well as it will, it will never be so well as we have seen it.' Arming 
 his retainers, he forthwith went to the queen in the sanctuary at 
 Westminster, taking the Great Seal with him. This, after giving her 
 what comfort he could, he placed in her hands to the use and behoof 
 ■of her son, declaring that if they crowned any other king than him, 
 his brother, who was then with the queen, should tTie next day be 
 crowned. Although he quickly repented of this unauthorized sur- 
 render of the Seal, and contrived to get it back on the same night, 
 ■his devotion to the royal family was not likely to be overlooked by a 
 man of the duke's character. The error he had committed was 
 taken advantage of to remove him from the chancellorship " in May.' 
 
 3. Chancellor Rotheram succeeded in May, 1483, by John Russell, 
 bishop of Lincoln. W/iefher there was a parliamentary meeting 
 in May. 
 
 John Russell*' was the only learned ecclesiastic among the four 
 ambassadors who were sent in February, 1470 (9 Edw. IV), to invest 
 the Duke of Burgundy with the order of the Garter; he was on 
 that occasion entrusted with the duty of making the complimental 
 address.^ He became bishop of Rochester' on Sept. 29, 1476, and 
 was soon after entrusted with the government of the king's infant 
 son. He was translated from Rochester to Lincoln on Sept. 29, 
 1480, and is mentioned as one of the executors of Edward's will. 
 
 " It is natural to suppose that he would feel an interest in the well- 
 fare of" Edward's son ; " and that he would not advisedly have taken 
 any part in supplanting him. There is nothing to shew that when 
 he was fixed upon to succeed Bishop Rotheram in the chancellor- 
 ship, the Protector, Richard, duke of Gloucester, contemplated his 
 
 'Foss's Biogr. Jurid. the French ambassadors, and in Feb., 
 
 *Born in the parish of St. Peter's, in 1472, was sent by King Edward to the 
 
 the suburbs of Winchester. He re- Duhe of Burgundy to conclude a treaty 
 
 reived his education at Oxford, being of peace with him. In the latter com- 
 
 admitted a fellow of New College in mission he is styled secondary in the 
 
 1449, and taking the decree of doctor of office of the privy seal ; to the keeper- 
 
 the canon law. He held a prebend in ship of which he probably succeeded 
 
 the cathedral of St. Paul, and was col- after Bishop Rotheram was made lord 
 
 Jated to the archdeaconry of Berks on chancellor. Id. 
 
 February 28, 1466. Foss's Biogr. Jurid. * Bishop Russell as 'presidens consilii^ 
 
 ^He was in the following February, in 13 E. IV, is mentioned in 4 Inst. 55, 
 
 during the short restoration of Henry and in 3 Stubbs's Const. Hist., p. 245, 
 
 VI, one of those appointed to treat with note 1. 
 
 54 
 
850 
 
 Reign of Edward V 
 
 [tit. vr 
 
 subsequent usurpation." — " A speech is extant among the Cottonian 
 MSS. (Vitell. E. lo), which, if not delivered, was prepared for 
 delivery, by the bishop to the parliament ; in which the young king 
 is spoken of in terms of the highest eulogy.'" 
 
 J. Acts before June ij of the King, Protector and Chancellor ; and' 
 of Lord Hastings. Richard's intent from and after June ij. 
 
 Grants in the name of Edw. V ^ have the addition ' by the advice of 
 our uncle, Richard, duke of Gloucester, protector and defender' ; and 
 almost all of therrt, from May 19 to June 5, are dated from the 
 Tower.' 
 
 "The first document" found with Bishop Russell's "name as. 
 chancellor attached, is dated June 2, i Edw. V."'" 
 
 On June 5, it was announced that Edward's coronation was fixed 
 for the 22d." After which are two royal grants which omit the 
 addition above mentioned; "and by the omission (it seems to Mr. 
 Turner) "purport to be made by the King's own instrumentality^ 
 without the Protector's concurrence and authority." '^ 
 
 ' Foss's Biogr. Jurid., 3 Stubbs's Const. 
 Hist., p. 223, note 2. At one time Mr. 
 Turner supposed that " a parliamentary 
 meeting took place in May." Referring 
 to MSS., Vitel. E. 10, he says : " As the 
 first act of Richard, as protector, is 
 dated the 19th May, and the first grant 
 of Edward from the Tower is on the 
 same day, and as that day in May, 1483, 
 was on a Monday, I would infer that 
 this speech was delivered, and the pro- 
 tectorate appointed on the igth May." 
 3 Turner's Engl., p. 418, of 2d edi. 
 (1825.) But afterwards, when writing 
 of the parliament, in January, 1483-4, 
 (ch. 27, ? 4,) the speech with which the 
 Bishop of Lincoln, as chancellor, opened 
 this parliament (Jan. 1483-4), appeared 
 to Mr. Turner "to be the same which 
 is preserved in the MSS. in the British 
 Museum, Vitell E. 10, p. 71;" and in 
 another copy with some variations in 
 139. 4 Id., p. 8. 
 
 8 Of May 19,20,21,23,25,27,28,31, 
 
 and of June 2 and S, all in the HarU 
 MSB., No. 433, except the 27th, which 
 is in Rymer 12, p. 184. 3 Turner's. 
 Eng., edi. 1825, pp. 438, 439. 
 
 ^Id. 
 
 "(Rymer xii, 185.) Foss's Biogr. 
 Jurid. 
 
 "3 Turner's Engl., edi. 1825, p. 435. 
 Rymer xii, 185, is cited in 3 Stubbs's 
 Const. Hist., ch. 18, p. 222. 
 
 12 " These are dated the gth of June, 
 being a restitution of temporalities to a 
 prior; and another of the 12th of June, 
 appointing a king's serjejint at law; 
 both" (he observes) "important legal 
 acts, and both dated from Westminster, 
 and not from the Tower." Id., p. 439. 
 It may be added that between the two 
 was an important act of the so-called 
 Protector, to which Sir Richard Ratcliffe 
 was privy : he had started for " York 
 with Richard's earnest letter of the loth, 
 soliciting their aid." Id., p. 452. 
 
CH. XXVI.] 1483, April 9 to June 25. 851 
 
 Hastings, " who had exhorted Richard to assume the care of the 
 young king, is stated to have repented of it; and to have convoked 
 a meeting of Edward's most zealous friends at St. Paul's and to have 
 discussed with them what was the most expedient to be done." '' 
 
 If there was such meeting and discussion the same was of no 
 avail. Henceforth the acts of the so-called Protector and his aiders 
 and abettors, were with intent not to preserve, protect and defend 
 the rights and interests of Edward V, but to elevate Richard, with- 
 out proper consideration for Edward or his brother. 
 
 ^. Violent conduct of the Protector on June ij; Lofd Hastings 
 executed ; Bishop Morton and Archbishop Rotheram. impris- 
 oned. Supersedeas to prevent the meeting of Parliament. 
 
 Referring to the confidence of Edward IV in the prudence and 
 attachment of John Morton, bishop of Ely (mentioned in ch. xxv, 
 § 8, 12, pp. 834, 842), and his making Morton one of the executors of 
 his will, Mr. Foss says : 
 
 That "he was therefore supposed to feel a devoted interest in 
 Edward's infant family, is rendered probable by the violent conduct of 
 the Protector, Richard, towards him, for which no other reason ap- 
 pears. The young king's council had been summoned on the 13th of 
 June, to deliberate on the coronation ; and the protector attending it, 
 had courteously requested the bishop to let him have some straw- 
 berries from his garden in Holborn for his dinner, and had then 
 retired. Shortly afterwards he returned, and that furious scene 
 which terminated in the hurried execution of Lord Hastings was 
 performed; Bishop Morton and the Primate of York being imme- 
 diately arrested and imprisoned in the Tower. The petition, how- 
 ever, of the University of Oxford, procured his (Morton's) release 
 from that fortress, and he was sent to Brecon under the wardship of 
 the Duke of Buckingham."" 
 
 A writ of supersedeas was issued to prevent the meeting of parlia- 
 ment: none was held during Edward's short reign.'* 
 
 ^^ Id., pp. 440, 441. Peop., book 6, ch. i, p. 60, of vol. 2, 
 
 "Biogr. Jurid; 3 Stubbs's Const. edi. 1879. 
 
 Hist., ch. i8, p. 223; Green's Short "^ Stubbs's Const. Hist., ch. 18, 
 
 Hist., ch. 6, I 3, p. 311 ; Hist, of Eng. p. 223, note 2. 
 
852 Reign of Edward V [tit. vi 
 
 5. Acts of the so-called Protector, his aiders and abettors from the 
 
 i^th to the 2ist of fune. 
 
 Before, or " on the i6th of June, it had been determined by Richard, 
 and the noblemen who formed his council, that he should be crowned 
 instead of Edward." '* 
 
 On June 16 " Richard went at the head of a large force, with 
 swords and clubs, and compelled the Archbishop of Canterbury, and 
 others, to enter the sanctuary and to solicit the Queen to let the Duke 
 of York go to the Tower for the comfort of the King." The con- 
 versation " ended with her parting with the princely boy."" 
 
 Soon the city was filled with armed followers of Buckingham or 
 Gloucester.'* 
 
 "Sir Richard Ratcliffe, on the 15th of June, had reached York with 
 Richard's earnest letter of the loth, soliciting their aid. The cor- 
 poration ordered all the forces that could be assembled to meet at 
 Pomfret on the i8th, where the Earl of Northumberland was waiting 
 to conduct them to London. " 
 
 At Pomfret™ (or Pontefract) Earl Rivers, Sir Richard Grey, and 
 others, instead of being protected by the so-called Protector, were 
 unlawfully beheaded." 
 
 6. Acts of the so-called Protector and his aiders and abettors on fune 
 
 22, 24 and 2^. How he ended the reign of Edward V, and 
 made himself kitig. 
 
 " On the 22d (of June, 1483), Richard's right to the crown was 
 publicly declared by a preacher at St. Paul's cross, and on the 24th 
 the duke of Buckingham propounded the same doctrine at Guild- 
 
 1^3 Turner's Engl., edi. 1825, p. 453. 'i Twenty thousand of Gloucester's 
 
 "/(/., pp. 451, 452. Mr. Stubbs says : and Buckingham's men were expected 
 
 " Archbishop Bourchier, now nearly in London on June 21. 3 Stubbs's 
 
 eighty, proved once more his faithfulness Const. Hist., ch. 18, p. 223, note 3; 
 
 to the stronger party, by inducing the citing Exc. Hist., p. 17, and Paston 
 
 Queen to allow her younger son to join Letters iii, 306. But so large a number 
 
 his brother in the Tower on the i6th." had not then arrived. The date of 
 
 3 Stubbs's Const., ch. 18, p. 223. Rivers's will is June 23, at Hutton 
 
 i8/a?,p. 223. Castle. 3 Turner's Engl., edi. 1845, 
 
 1*3 Turner's Engl., p. 452, of 2d edi. p. 458; and the army at Pomfret did 
 
 (1825.) not leave there till after his execution; 
 
 ^"Distant 177 miles from London, that is, not till after the 23d. Id., 
 
 14 from Doncaster, and 11 from Leeds. pp. 454, 455. 
 
CH. XXVI.] 
 
 1483, April 9 to June 25. 
 
 853 
 
 hall. On the 25th at Baynard's castle, the protector received a body 
 of lords and others ' many and divers lords spiritual and temporal, 
 and other nobles and notable persons of the commons,' who in the 
 name of the three estates, presented to him a roll of parchment with 
 the contents of which he was no doubt already acquainted." '"' 
 
 It was in the form of a petition, " To the High and Mighty Prince, 
 Richard, Duke of Gloucester";''' and it was favourably received. 
 
 "Resistance, if it were thought of, was" at the moment "impossi- 
 ble, for the city was full of armed men, brought up from the north 
 in Gloucester's interest." " 
 
 The next day, 'Ricardus ' declared himself 'Rex! 
 
 "On the 26th he appeared in Westminster Hall, sat down in 
 the marble chair, and declared his right as hereditary and elected 
 king."^ 
 
 " Edward V ended his reign on the 25th, and with his brother 
 Richard then disappears from authentic history. How long the boys 
 lived in captivity, and how they died is a matter on which legend and 
 conjecture have been rife." — " Most men believed, and still believe, 
 that they died a violent death by their uncle's order." '^ 
 
 ^3 Stubbs's Const. Hist., ch. i8, 
 pp. 223, 224; Cotton's Abr., p. 709, 
 et seq. 
 
 ^ Id., 710. 
 
 «3 Stubbs's Const. Hist, ch. 18, 
 p. 224. 
 
 ^Id. 
 
 ^ 5 Lingard's Engl., note (D,) p. 350 
 
 to 357, of Boston edi. 1854; Id., note 
 E, p. 358 to 361 ; 2 Mackintosh's Engl., 
 pp. 56, S7. of Phila. edi. 1831 ; Green's 
 Short Hist., ch. 6, § 3, p. 312 ; Hist, of 
 Engl. Peop., book S, ch. i, p. 62, of vol- 
 2, edi. 1879. The words of the text 
 are in 3 Stubbs's Const. Hist., ch. 18, 
 p. 224, 225. 
 
854 Reign of Richard III [tit. vi 
 
 CHAPTER XXVIl. 
 
 INSTITUTIONS IN THE REIGN OF RICHARD III— 1483 
 
 TO 1485. 
 
 I. Richard's age. Of Chancellor Russell; ex-chancellors Stilling- 
 ton, Bourchier and Rotheram ; the coronation of Richard with 
 his wife fuly 6. 
 
 Richard, born Octo. 2, 1452, in the castle of Fotheringay (or 
 Fordringhay), was nineteen years when Hen. VI was buried; and 
 thirty years, eight months and twenty-four days old on June 26, 
 1483.' 
 
 From the death of Edward IV, Stillington became an adherent of 
 his brother Richard. Stillington being mentioned as drawing up a 
 paper to bastardize Edward's children,^ Walpole observes of Rich- 
 ard that " it does not look much as if he had publicly accused his 
 mother of- adultery when he held his first council at her house."" 
 
 Whether John Russell, bishop of Lincoln, "was satisfied with the 
 representations made in support of Richard's title to the crown, or 
 whether he deemed it expedient at that time to overlook the objec- 
 tions to them, certain it is that he received the Great Seal from King 
 Richard on June 27"* (1483). 
 
 Richard was crowned with his wife on July 6;^ the diadem was 
 
 '4 Dugdale's Engl., p. 797! 3 Tur- reign is dsited from ^uadamatierdcamfrd 
 
 ner's Engl., edl. 1825, p. 462. juxta capellam in hospitio dominoi Cecilia 
 
 ^ Foss's Biogr. Jurid. ducisse Eborum" Id. 
 
 ' Walpole's Historic Doubts, edi. 1768, * Foss's Biogr. Jurid. 
 
 pp. 38, 39. "It appears from Rymer's "3 Turner's Engl,, edi, 1825, p. 467. 
 Foedera that the very first act of Richard's 
 
•CH. XXVII.] 1483 TO 1485. 855 
 
 placed on his head by Archbishop Bourchier.* Rotheram was 
 released.' Stillington "assisted at the coronation," and gave Richard 
 ^' every aid and countenance throughout his troublous reign." ^ 
 
 ^. Richard's letter to his Chancellor in relation to Jane Shore. In 
 the summer of 148 j other letters by or to him; and a tour ofi' 
 state. What occurred before and after Richard and Bucking- 
 ham parted at Gloucester. When, where and how Richard 
 arranged for the murder of his nephews in the Tower. How he 
 arranged for his splendid reception at York. His route after- 
 wards. 
 
 It may have been in the summer of 1483 that the following letter 
 Tvas written by the King to his Chancellor in relation to the unfor- 
 tunate Jane Shore,' who, though a prisoner in Ludgate, had so capti- 
 vated the king's solicitor that he desired to marry her : 
 
 By the King. 
 
 " Right reverend fadre in God, &c. Signifying unto you, that it 
 is shewed unto us, that our servaunt and solicitor, Thomas Lynom, 
 merveillously blinded and abused with the late (wife) of Willm Shore, 
 now being in Ludgate by oure commandment, hath made contract of 
 matrymony with hir (as it is said) and entendith, to our full grete 
 merveile, to procede to th' effect of the same. We for many causes 
 wold be sory that hee soo shulde be disposed. Pray you therefore 
 to send for him, and in that ye goodly may exhorte and stirre hym 
 to the contrarye. And if ye finde him utterly set for to marye hur, 
 and noen otherwise will be advertised, then (if it may stand with the 
 lawe of the churche) We be content (the tyme of marriage deferred 
 to our comyng next to London) that upon sufiStient suertie founde 
 ■of hure good abering, ye doo send for hure keeper, and discharge 
 him of our said commandment by warrant of these, committing hur 
 to the rule and guiding of hure fadre, or any othre by your discre- 
 tion in the mene season. Geven, &c." 
 
 " To the right reverend fadre in God &c., the bishop of Lincoln, 
 our chauncellour."'" 
 
 *Who was to crown his successor. ' i Granger's Biogr. Hist., vol. 1, edi. 
 
 3 Stubbs's Const. Hist., ch. 18, p. 226. 1779, p. 68. 
 
 'About this time. /</./ Toss's Biogr. ""From Harl. MS., Brit. Mus.; in 
 
 Jurid. Mr. Foss adds that it is certain Walpole's Historic Doubts, edi. 1768, 
 
 he "was at liberty on Jan. 23, 1484, pp. 118, 119, and i Campbell's Lives of 
 
 when King Richard's first pnrliament the Chancellors, ch. 24, p. 410, of 2d 
 
 met. Biogr. Jurid. edi. (1846), and p. 382 of Boston edi. 
 
 *Id. 1874. 
 
856 Reign of Richard III [tit. vt 
 
 In the summer of 1483 there were other letters from and to Rich- 
 ard. In July he had written a letter to which there was a reply 
 from Louis the eleventh of France." A letter of July 18, to the 
 Keeper of the Privy Seal " may have been written by Richard before 
 "he began his tour of state" through Reading, which he reached 
 on the 23d. At Oxford, Bishop Wainfleet received him and his. 
 Queen; at Gloucester, Richard and Buckingham parted from each 
 other in 'most loving and trusty manner'; at Warwick Richard 
 received an address from the envoy of Isabella, queen of Castile, from 
 which it may be inferred that Isabella thought Edward IV should 
 have accepted her hand instead of marrying an English widow." 
 
 The secret death of the sons of Edward is supposed to have beea 
 in August, 1483. Mr. Turner, after referring to several writers, says: 
 
 " According to these authorities, Richard, as he rode to Gloucester, 
 devised the deed ; and sent one John Green to Sir Robert Bracken- 
 bury, the constable of the Tower, desiring him to make way with 
 them. Brackenbury refused; and Green returned to the King at 
 Warwick with this answer." Then "to Sir James Tyrrell, Richard 
 proposed his purpose. Tyrrell assented, and was dispatched next 
 day with a letter to Brackenbury to deliver to him the keys of the 
 Tower, /or one night" — "Tyrrell resolved to kill them in their bedsj 
 and on the night after his arrival, introduced Miles Forrest, a noted 
 ruffian, and John Dighton, his groom." — " The Princes were sleeping 
 in their beds; the men wrapped them suddenly up and entangled 
 them in the clothes, and throwing the feather bed and pillows upon 
 their mouths, pressed these down till the poor children were smoth- 
 ered and expired." " 
 
 Mr. Turner states that authentic facts have " come to light corrob- 
 orating this account." Among such facts are these : 
 
 "John Grene, the first messenger to Brackenbury, was one of the 
 yeomen of the King's chamber; and was made receiver of the lord- 
 ship of the Isle of Wight and of the castle and lordship of Porches- 
 ter.'^ John Dighton, one of the assassins, had from the King the 
 bailififship of Alton in the county of Stafford, with the accustomed 
 wages for his life. Miles Forest, whom More calls a noted ruffian^ 
 
 " Sir H. Ellis's 3d series of Orig. Let., " 3 Turner's Engl., edi. 1825, pp. 490> 
 
 vol. I, p. 103. 491 ; 4 Id., pp. 124, 125. 
 
 i2/(/., p. 103 to 105. 163 /^.^ p, 453 There is also a 
 
 '^3 Turner's Engl., edi. 1825, p. 471 general pardon to John Green in the 
 
 to 474. Harl. MS., p. 28. Id. 
 
CH. XXVII.] 1483 TO 1485. 857 
 
 was made keeper of the wardrobe at Richard's mother's house, Ber- 
 nard Castle ; and dying before the Michaelmas of the year following 
 the murder, an annuity of five marks was settled upon his widow 
 and her son Edward, to be paid out of the rents of that place. Sir 
 James Tyrrell is described in one of the King's grants to him, as the 
 King's trusty knight, for his body, and his counsellor. He was made 
 steward of the duchy of Cornwall, and an assessor of the land there ; 
 and steward of many lordships in South Wales and in its marches ; 
 supervisor of the castle of Guynes and constable of the castle of 
 Dundagel, and governor of Glamorganshire, and had several other 
 gifts of wards and marriages." '^ 
 
 Dr. Thomas Fuller (born in 1608) writes of 'James Tirrell, Mil! \ 
 
 " This is he, so infamous in our English histories, for his activity in 
 murdering the innocent sons of king Edward the fourth, keeping the 
 keys of the Tower, and standing himself at the foot of the stairs, 
 whilst Mr. Forest and J. Dighton stifled them in their beds."" 
 
 In 1483 Richard left Warwick after Aug. 13; was at Leicester on 
 the 17th, i8th and 19th, and at Nottingham before the 22d. Mr. Tur- 
 ner supposes that " he probably received and triumphed in the news 
 on the 22d. ' '' 
 
 " At Nottingham the idea seems to have suddenly occurred to him 
 of having a day of splendid state at York, with the unusual cere- 
 mony of a second coronation " ; — " and he prepared for the gratifica- 
 tion with much elaborate and forethinking care." — "The citizens 
 received him with the pomp and triumph that he had called for and 
 loved ; and plays and pageants were for several days exhibited." '' 
 
 ^^3 Turner's Engl., edi. 1825, pp. 493, yard in the beginning of King Henry- 
 
 494. There were also numerous grants the Seventh." Ibid. May 6, 1501, is 
 
 to Sir Robert Brackenbury. Mr. Turner mentioned as his day upon the scaffold, 
 
 says: He "would not commit the mur- 3 Turner's Engl., edi. 1825, p. 148. 
 
 der, but he acquiesced in letting Tyrrell ^* Id., p. 492. 
 
 be master of the Tower for the night ^^ Id., pp, 478, 479. "On the ap- 
 
 that was wanted for the perpetration of pointed day the clergy led the State 
 
 the crime, knowing the purpose of this procession in capes richly vested ; and 
 
 intervention. He was, therefore, a com- at the most impressive part of the mov- 
 
 plete accessory, and his rewards imply ing pomp the King appeared with his 
 
 that he was so considered and remune- crown and sceptre, in the fullest majesty 
 
 rated. They bribed also his silence, and which royal apparel could impart. A 
 
 he never quitted the chief murderer's numerous train of nobility followed, 
 
 service.'' Id., p. 495. preceding his Queen, bearing also her 
 
 " I Fuller's Worthies, edi. 1840, diadem, and leading in her hand their 
 
 pp. 328, 329. " This Tirrell was after- little son, ten years old, with golden rod 
 
 wards executed for treason in the Tower- and demi-crown." /</., pp. 480,481. 
 
■858 Reign of Richard III [tit. vi 
 
 Edward, his only son, about ten years old, was made Lieutenant 
 of Ireland, Earl of Chester and Prince of Wales, and on Sept. 8 was 
 knighted with great pomp.'" After a letter (of Sept. 17) to James the 
 third of Scotland,''^ Richard left York for Pomfret.'"' Thence he pro- 
 ceeded gradually through Gainsborough to Lincoln.'® 
 
 J. In Sept., 1 48 J, Thomas Barowe, Master of the Rolls. In Octo. 
 the Duke of Buckingham in rebellion; and quickly beheaded. 
 Of fohn Morton, bishop of Ely, and late Master of the Rolls. 
 
 In 1483, Thomas Barowe^^ was appointed Master of the Rolls on 
 Sept. 22 ; he was the first Master of the Rolls, who had a grant of 
 the tun or two pipes of w;ne. ^ 
 
 In October the duke of Buckingham was in open rebellion. 
 
 " That the king considered chancellor " RusselV a faithful servant, 
 appears from a letter dated at Lincoln on October 12th (1483), ad- 
 dressed to the chancellor, then ill in London, desiring the Great Seal 
 to be sent to him, in which he states his intentions against the Duke 
 of Buckingham, and his determination to 'subdue his malys.' While 
 the Seal remained in the kinj^'s hands the duke was taken and be- 
 headed, and it was returned to the chancellor on November 26.'"* 
 
 To a letter of the 6th or i6th of November from James, the third 
 of Scotland," there is a reply of Richard, dated the second day of 
 December.'** In the same month are other letters of his.'^ It has been 
 
 '^ Id., pp. 482, 483, 5 Lingard's Engl., in St. Stephen's chapel in Westminster 
 
 p. 354 to 356, of Boston edi. 1874; palace. Foss's Biogr. Jurid. 
 
 3 Stubbs's Const. Hist., ch. 18, p. 226. ''^ Which was continued afterwards. 
 On that day was executed at York an Id. His patent therefor is dated Dec. 
 instrument which illustrates the abuses 6. Id.; citing Rot. Pat. i Ric. III. 
 of wardship. Sir H. Ellis's 3d series of Ireland's Inns of Court, p. 203. 
 
 Orig. Let., vol. I, p. 106 to 109. '^^(Turner's Engl, iii, 511.) Foss's 
 
 '^^Id., p. 109; 3 Turner's Engl., Biogr. Jurid.; 3 Stubbs's Const. Hist., 
 
 pp. 481, 482; citing Harl. MS., p. 247. ch. 18, p. 227. 
 
 22 Id., p. 482. 27 Sir H. Ellis's 3d series of Orig. Let., 
 
 25 Which he reached on Octo. 12. p. 109 to III. 
 
 Id., p. 485. He was at Winchester on ''^ Id., p. til to 113. 
 
 Nov. 26, and reached London by Dec. I. 29 0ne of the 6th day of December 
 
 4 Turner's Engl., edi. 1825, p. 6. " to the authorities of the town of Glou- 
 2* Rector of Olney, in Buckingham- cester with permission to wear his 
 
 shire, and- probably a clerk in the Ex- livery." /</., p. 113 to 115. An instru- 
 chequer. Three weeks after Richard's ment executed at London, Dec. 12, 
 accession he had the grant of a prebend 1483, shews that for service in taking 
 
CH. XXVII.] 1483 TO 1485. 859 
 
 mentioned,'" that John Morton, bishop of Ely, was sent to Brecon 
 under wardship of the duke of Buckingham. 
 
 "On that nobleman's subsequent discontent and retirement to 
 Brecon, the bishop contrived to glide into his confidence, and be- 
 tween them they concocted the plan of raising the earl of Richmond 
 to the throne, and uniting the two factions of York and Lancaster by 
 the marriage of the earl with Elizabeth, the eldest daughter of the 
 late King Edward. He urged his dismissal, under the pretence that 
 Toy his presence in Ely he could assist the project ; but the duke 
 would not part with so wise and politic an adviser. The bishop 
 therefore" contrived his own escape, and obtaining a supply of money 
 in Ely, immediately joined the earl of Richmond in Flanders.'' 
 
 .4. Chancellor Russell opened parliament in i Ric. Ill (^January 
 14.8^4). Its statutes ; especially as to uses or trusts. What is 
 said of Richard's 'politic and wholesome laws! 
 
 Chancellor Russell opened the parliament at Westminster Jan. 23, 
 -in I Ric. III. The 'statutes and ordinances"' embrace — 
 
 I. ' An act against privy and unknown feoffment.' " 
 
 II. An act to free the subjects from benevolences.'* 
 
 V. 'An act touching feoffments made to the King to the use of 
 ■others."" 
 
 A century after Richard's reign it was admitted that '■politic and 
 wholesome laws' were enacted in his time.'" The first page of a 
 
 the Duke of Buckingham and bringing enfeoffed, jointly with others to uses, 
 
 him into Richard's hands, Richard shall vest in his co-feoffees." — "Lands 
 
 .granted to Nauff Banastre, the Duke's whereof he is solely seized to uses shall 
 
 ■•manor and Lordship of Ealding,' in vest mihe cestui que use." Id. 
 
 Kent county, /i/., p. 100 to 102. ^^Lord Bacon says: "As for the 
 
 '"In ch. xxvi, § 4, p. 851. politic and wholesome laws which were 
 
 M Foss's Biogr. Jurid. enacted in his time, they were inter- 
 
 '^ 2 Stat, of the Realm, p. 477 to 498. preted to be but the brocage of an 
 
 '' Id., p. 477. In the margin are the usurper, thereby to woo and win the 
 
 ■words: "The inconvenience of secret hearts of the people, as being conscious 
 
 feoffments to uses." Id. " All estates, to himself that the true obligations of 
 
 feoffments, &c., shall be good against sovereignty in him failed, and were 
 
 the sellers, feoffors, &c., their heirs, and wanting." Bacon's Works, vol. ii, p. 47, 
 
 persons having or claiming title to their of edi. 1864. Richard shewed " keen 
 
 use.'' Id., p. 478. " The estate of anxiety to purchase a popularity in 
 
 tenant in tail saved." Id. which the bloody opening of his reign 
 
 '♦Jd., p. 478. might be forgotten." Green's Hist, of 
 
 ^Id., p. 480. In the margin are the Engl. Peop., book 5, ch. i, p. 64 of vol. 
 
 words, " Lands whereof the King is 2, edi. 1879. 
 
860 Reign of Richard III [tit. vr 
 
 modern treatise on ' uses and trusts ' refers to the statute of i Ric. 
 III. Mr. Sanders says : 
 
 " Upon principles established in the courts of equity, the use itself 
 was alienable by the cestui que use; and the statute of i Ric. Ill 
 enabled him to convey the possession without the concurrence of his 
 
 5. Death of Richard's son in 1484, April. Letter from Richard to- 
 his mother, fune j. The Queen's death, March 1483. 
 
 In 1484 Richard was not in the metropolis from March 6 to Aug. 
 9 : he was at Cambridge March 1 1 ; and at Nottingham from March 
 20 to April 25.'* There the King and Queen received tidings of the 
 death of the Prince of Wales (after rapid illness) at Middleham 
 castle,'^ April 9. 
 
 Richard recognized as his heir presumptive his nephew, John de la 
 Pole, earl of Lincoln, son of the Duke of Suffolk and of Richard's 
 sister.*" 
 
 Richard was on May i at York; on the 6th at Middleham; on the 
 15th at Durham; on the 22d at Scarborough; on the 27th at York; 
 from the 30th to June 13 at Pomfret." To Collingbourne, whom 
 Richard had executed as a traitor,*" he seems to allude in a letter 
 to his mother, dated "at Pountfreit, the thirde day of Juyn,'' and 
 subscribed "Ricardus Rex."*' 
 
 The King was moving about most of the summer and fall of 
 
 " I Sanders on Uses and Trusts, I. Ireland, the Earl of Lincoln was nomi- 
 
 ^*4 Turner's Engl., edi. 1825, p. 11, dated Aug. 21, 1484. Jd., note 5. 
 
 note 27. "4 Turner's Engl., p. 11, note 27. 
 
 39 (In the North Riding of York.) ^^3 Turner's England, edi. 1825, 
 
 From this castle, which was a favourite p. 497, note 89 ; 4 Id., p. lo, note 26, 
 
 residence of Richard, and the place of and p. 72, note 43. 
 
 birth of the son who died there at the *' " Madam, I beseche you to be good 
 
 age of twelve years, the views " both up and graciouse lady to my lord, my cham- 
 
 and down Wensley-dale are picturesque berlayn, to be your officer in Wiltshire in 
 
 and extensive." 6 Dugdale's Engl, and such as Colinbourne had." Harl. MS. 
 
 Wales, p. 1210. in Museum, No. 2236, art. 6; printed in 
 
 *''4 Turner's Engl., edi. 1825, p. 27; Walpole's Historic Doubts, edi. 1768, 
 
 3 Stubbs's Const. Hist., ch. 18, p. 231. p. 39, note ; 4 Turner's Engl., p. 81, 
 
 To succeed the Prince as Lieutenant of note 69. 
 
■CH. xxvii.J 1483 TO 1485. 861 
 
 1484." He kept his Christmas at Westminster. During the winter 
 the Queen was ill ; her illness terminated in her death about the mid- 
 dle of March.*^ 
 
 ■6. How Richard acted as to benevolences. Of his course in the sum- 
 mer of 1485 as to the Great Seal and other matters. He died 
 Aug. 22. 
 
 Of Richard's actions one of the wisest had been 'An act to free 
 the subjects from benevolences " ; *" but he did not adhere to it. 
 
 " His expensive state, his lavish liberalities to his friends," and his 
 steps for defence "had so exhausted the royal treasury" that "the 
 King allowed himself to have recourse to the very measure which he 
 had pleased the country by condemning and abrogating. He revived 
 what he had annulled, and compelled his wealthy subjects to give 
 him the sums for which he arbitrarily taxed them, under the same 
 fictitious name of a benevolence. This " was " a fatal blow at what 
 remained of his popularity."" 
 
 "Excepting one short excursion to Canterbury, in Nov., 1484, and 
 occasional visits to Windsor in Dec, Jan., Feb , April and May, he 
 was in the metropolis from the beginning of Nov., 1484, to " June, 
 1485.** He went west to Kenilworth castle in the beginning of June; 
 and towards the latter end of the month stationed himself at Not- 
 tingham." Thence, on June 2 2d, he issued letters to the commis- 
 sioners of array, in every county, to muster his subjects in arms.*' 
 
 It has been said that " he passed his July in a state of royal enjoy- 
 ment without any prospect or dread of the tempest." ^ But this sup- 
 
 ** Richard was from the 14th to the ^2 Stat, of the Realm, p. 478; cited 
 
 25th of June at York; from the 30th to in § 4, p. 859. 
 
 July II, at Scarborough; on the 20th "4 Turner's Engl., p. 28, and pp. 72, 
 
 and 2ist again at York; on the 23d at 73. "The Harl. MSS., No. 433, p. 
 
 Pomfret; on the 30th at Nottingham; 275-8, contains the letters sent by the 
 
 and on Aug. 9 and 10 at Westminster; King, exacting these benevolences, and 
 
 the rest of the summer and autumn he mentioning the sum which each person, 
 
 passed at Nottingham, with a short ex- secular or religious, was required to 
 
 cursion to Tutbury; on Nov. 12 he give." /d. (4 Turner), 29, note 70. 
 
 returned to Westminster. Id., p. 11, *8 /(^.^ p. 77^ note 57. 
 
 note 27. *^ Id., p. 29, and note 73. 
 
 **4 Turner's Eugl., edi. 1825, p. 20 ^ Id., pp. 29, 30, and p. 60; citing 
 
 to 23; 3 Stubbs's Const. Hist., oh. 18, Grafton 846. 
 p. 231. 
 
862 Reign of Richard III [tit. vr 
 
 position seems inconsistent with steps taken by him for safety, one 
 of which was his taking the Great Seal from John Russell, bishop of 
 Lincoln. : 
 
 "When the Earl of Richmond was hovering about the English 
 court, some suspicion of " Russell's loyalty evidently arose, for the 
 King commanded him on July 24, 1485, to deliver up the Seal to the 
 Master of the Rolls, who was constituted Keeper on August i, the 
 very day on which the Earl reached Milford Haven." *^ 
 
 It seems however to be true that Richard was taken by surprise 
 by Richmond's secrecy and celerity of march ; " and although Richard 
 " assembled a greater army than England had usually seen about the 
 person of its King, yet it was but a splendid military parade, with- 
 out either zealous hands or sympathizing hearts." — "The largest por- 
 tion of its battalions meditated his discomfiture." ^' 
 
 To Richard, on the morning of the day of his last battle (Aug. 22)^ 
 is ascribed a short and energetic speech, in which he expressed " re- 
 gret for the one criminal action by which he had sullied his name and 
 destroyed his comfort." " But " if he experienced remorse for hav- 
 ing murdered his nephew, he never repented that he had seized his 
 crown" — "he preferred death to dethronement."** 
 
 After the battle, usually called the battle of Bosworth Field,*' a 
 crown was placed on Richmond's head,*' and the Master of the Rolls. 
 (Robert Morton, bishop of Winchester,) gave up the Great Seal to 
 
 51 Foss's Biogr. Jurid. 57 Thomas Stanley, or, as some havfr 
 524 Turner's Engl., ch. i, p. 34. said, his brother, Sir William, placed on 
 Richard's attorney-general (Morgan Kid- Richmond's head a crown which Richard 
 welly) had communicated secretly with had worn on his helmet in the battle- 
 Richmond. " To this intelligence Henry (absurdly supposed by some writers to 
 owed his success, and Richard his down- have been the royal diadem, but properly 
 fall." Id., p. 30. described by Lord Verulam as 'a crown 
 ^ Id., p. 34. of ornament'), and proclaimed him King^ 
 5*/d., p. 44. by the title of Henry the Seventh." 
 55 Jd, pp. 61, 62. Lodge's Portr., vol. I, No. 2. This 
 58 Mr. Turner observes that the scene Thomas Stanley, first Earl of Derby^ 
 of action is called the Field of Redmore having died in 1504, the orginal of Hol- 
 in the York Register; and that it is so bein (in the Earl of Derby's collection),, 
 styled by Drayton. He further mentions from which there is an engraving by E. 
 that Henry VII in his proclamation, Finden, may have been by the uncle (of 
 three days after the battle, says ' Richard Hans Holbein), mentioned in I Wal- 
 was slain at a place called Sandeford, pole's Anecdotes, pp. 103, IC4, of edi. 
 within the shire of Leicester." Id., 1786. 
 p. 50, note. 
 
CH. XXVII.] 1483 TO 1485 86S 
 
 the conqueror. ^ Richard's body was carried to Leicester, and there 
 interred in the church of the Gray Friars.™ 
 
 Lord Bacon said of Richard : 
 
 " Ahhough he were a Prince in Militar. virtue approved, jealous of 
 the honour of the Enghsh nation, and likewise a good law-maker 
 for the ease and solace of the common people, yet his cruelties and 
 parricides in the opinion of all men weighed down his virtues and 
 merits, and in the opinion of wise men even those virtues themselves 
 were conceived to be rather feigned and affected things to serve his 
 ambition, than true qualities ingenerate in his judgment or nature." *° 
 
 In an elaborate chapter"' Mr. Turner refers to this passage and, not 
 concurring in the language which he quotes from ' the philosopher of 
 Verulam,' makes this observation : 
 
 " So that whatever worth Richard possessed or displayed, he is the 
 only king of England, of whom we are to believe that nothing which 
 seemed good in him could be genuine; but that he must have been 
 altogether and unceasingly that 'malicious, envious and deep dis- 
 sembling' demon, which More"* and Polydore Virgil "* have rather 
 passionately depicted." 
 
 A recent dispassionate writer says : 
 
 " Of Richard III we know little more than that he was both abler 
 and more unscrupulous than his brother : for both it may be pleaded 
 that we have to read their history through a somewhat distorted 
 medium."" 
 
 '^ Foss's Biogr. Jurid. '" Bacon's Works, edi. (by Spedding, 
 
 ^6 CoUyer's Engl., ch. 7, edi. 1775, &c.,) N. Y., 1864, p. 46. 
 
 p. 20; 4 Turner's Engl., ch. I, edi. 1825, ^i" Review of the character, laws> 
 
 p. 51. 1654, Aug. 9, John Evelyn writes causes of unpopularity, kindnesses, 
 
 of his being at " the old and ragged tastes, amusements and foreign trade of 
 
 city of Leicester, large and pleasantly Richard III." 4 Turner's Engl., ch. 2, 
 
 seated," " famous for the tomb of Richard edi. 1825, p. 54 to 99. 
 
 the Third, which is now converted to a "" More, p. 154. «* Pol. V., 565. 
 
 cistern, at which (I think) cattle drink." «*3 Stubbs's Const. Hist., ch. 18, 
 
 2 Evelyn's Memoirs, edi. 1827, p. 85. p. 285. 
 
«64 Reign of Henry VII [tit. vi 
 
 CHAPTER XXVIII. 
 
 INSTITUTIONS IN THE REIGN OF HENRY VII— 1485 
 
 TO 1509. 
 
 I. Henry assumed the style of King Aug. 22, 1485. His course to 
 the Princess Elizabeth and the Duke of Clarence. Coronation 
 of Henry Octo. jo, 1483, by the ex-chancellor, Thomas Bour- 
 chier. His death and character. 
 
 Henry, son of Edmund of Hadham, earl of Richmond/ and of 
 Margaret of Lancaster,' completed the twenty-ninth year of his life' 
 but a few weeks before the day (Aug. 22, 1485) on which he suc- 
 ceeded against Richard -HI in the battle of Bosworth Field,' and 
 " assumed the style of King." 
 
 "The King," "before his departure from Leicester, dispatched Sir 
 Robert Willoughby to the castle of Sheriff-Hutton,^ in Yorkshire, 
 
 ^Earl Edmund, though described as Beaufort, earl of Somerset, who was 
 
 brother to Henry the Sixth, was in fact eldest son of John of Gaunt, duke of 
 
 but the son of that Prince's mother, Lancaster, by his third duchess, Catha- 
 
 (Catharine, daughter of Charles the rine Swynford. Id; and 4 Turner's 
 
 sixth. King of France,) by her second Engl., ch. 3, edi. 1825, pp. 113, 114^ 
 
 husband, Owen Tudor, a private gentle- note. 
 
 man of- Wales. She married him in ' Placing Henry's birth in July 1456, 
 
 1428 and died in 1437. 4 Turner's he was not quite four years younger than 
 
 Engl., ch. 3, edi. 1825, p. loi, note 4; Ric. III. 4 Turner's Engl., ch. 3, edi. 
 
 Lodge's Portr., vol. I, No. 3. 1825, p. loi, note 7. 
 
 ^ She was the only child of John * Three miles from the small town of 
 
 Beaufort, duke of Somerset, by Marga- Bosworth (in Leicester county) ; distant 
 
 ret, daughter and heir of John, lord from the town of Leicester 14, and from 
 
 Beauchamp of Powyke, and widow of London lo5 miles, 
 
 Sir John St. John. Her father was sec- * 10 miles from York and 208 from 
 
 ■ond born son, but at length heir, of John London. 
 
CH. XXVIII.] 1485 TO 1509. 865 
 
 where were kept in safe custody, by King Richard's commandment, 
 both the lady Elizabeth, daughter of King Edward, and Edward 
 Plantagenet, son and heir to George, duke of Clarence." " 
 
 The Princess, as she was desired, repaired to London to meet 
 Henry. There he assembled "his council and other principal per- 
 sons," and in their presence " did renew again his promise to marry" 
 her, "yet was he resolved in himself not to proceed to the consum- 
 mation thereof till his coronation and a parliament were past." The 
 epidemic disease, which began about Sept. 21, "was no hinderance 
 to the King's coronation," nor "to the holding of the parliament."' 
 The ceremony of coronation was upon Octo. 30, at Westminster.* 
 Upon the fact that it was performed by the ex-chancellor, Thomas 
 Bourchier, " archbishop of Canterbury, who had crowned the usurper, 
 Richard, Mr. Foss observes: 
 
 It " offers a curious exhibition of the facility with which, in those 
 perilous times, minds could accommodate themselves to political 
 changes; but it savours too much of heartlessness and careless indif- 
 ference, or perhaps too much of consideration of personal safety, not 
 to create a degree of disgust, which, however, is somewhat tempered 
 by the recollection that the archbishop had arrived at a period of 
 life when feelings are not acute, and the desire of peace predomi- 
 nates."^" 
 
 2. Of ex-chancellor Stillington ; his death and character. 
 
 A warrant for the apprehension of Robert Stillington, bishop of 
 Bath and Wells, and chancellor from June 20, 1467, to July 27, 1473,'^ 
 
 * This Edward was delivered from the was buried in the choir of his cathedral, 
 
 constable of the castle to the hand of His memory is principally respected be- 
 
 Sir Robert, and by him conveyed to the cause of the supposition that he was an 
 
 Tower of London. Bacon's Works, vol. active instrument in introducing the art 
 
 n, p. 51 of edi. (1864) by Spedding, Ellis of printing into England. Foss's Biogr. 
 
 and Heath. Jurid. See post, ch. 29, § 6. 
 
 'Bacon's Works, vol. 11, edi. 1864, "When the Earl of Richmond (after- 
 
 p. 52 to 57, 3 Hume's Engl., p. 5 of N. wards Henry VH) escaped from Eng- 
 Y. edi. 1850. ' land and took refuge in the territories of 
 
 04 Turner's Engl., ch. 3, p. 104. the Duke of Bretagne, the bishop was 
 
 'As to him see ch. 25, \ 3, p. 822, and sent to that prince to demand that the 
 
 ch. 27, I I, p. 855. fugitive should be given up; but he 
 
 "He died March 30, i486, at the failed in his embassy. Foss's Biogr. 
 
 manor of Knole npar Seven-Oaks, and Jurid. 
 
 55 
 
866 Reign of Henry VII [tit. vi 
 
 was issued on the day of the battle of Bosworlh, Aug. 22, 1485; on 
 the 27th of that month he was in prison at York, ' sore erased by- 
 reason of his trouble and carrying.' '* He succeeded, however, before 
 the end of the year in obtaining his pardon from the King.'' 
 
 J. In this reign the first chancellor was John Alcock ; he was at tlie 
 coronation, and opened the first parliament. Two ex-chancellors 
 {Rotheram and Russell) present. Of Alcock' s superintendence ; 
 and the statutes. 
 
 John Alcock, bishop of Worcester, who on the death of Edw. IV 
 was removed from the preceptorship of his infant successor," was 
 the earliest chancellor of Henry VII.^* As such he was at the coro- 
 nation (on Octo. 30) ; and at Westminster on Nov. 7 opened Henry's 
 first parliament; two ex-chancellors, Rotheram, archbishop of York, 
 and Russell, bishop of Lincoln, being- triers of petitions. There is 
 mention of Alcock's efficient superintendence of the difficult ques- 
 tions before this parliament.'* Its enactments are in ' Statutes of the 
 Realm.'" 
 
 4. In 1483-6 the King married in January to the Princess Eliza- 
 beth ; John Morton, bishop oj Ely, made Lord Chancellor March 
 6, and in a few months archbishop of Canterbury, How the 
 ex -chancellors, Russell and Alcock were employed. 
 
 "Upon the eighteenth of January" (1485-6), "was solemnized the 
 
 "Drake 122; cited in Foss's Biogr. ence to certain property in Kent. Rot. 
 
 Jurid. Pari, vi, 201, 249, is cited in Foss's 
 
 1' Foss's Biogr. Jiyrid. Subsequently Biogr. Jurid. >» Id. 
 he was implicated in the attempt of '* Foss's Biogr. Jurid. ; citing Rutland 
 Lambert Simnelm 1487, and was com- Papers x, 10; Rot. Pari, vi, 267. 
 mitted to the castle at Windsor, where " Vol. 2, p. 499 to 508. In the mar- 
 he remained a prisoner for nearly four gin of ch. i, p. 500, is the following, 
 years ; he died there in May 1491 ; his " Demandants in formedon shall have 
 desertion of his patron's children prevent- their action against the pernors of profits 
 ing much pity for him. Id. of lands whereof others are enfeoffed to 
 
 " In 1478 Bishop Alcock was consti- their use. In those actions such per- 
 
 tuted President of Wales. At the death nors shall have the same vouchers, &c., 
 
 of Edward IV, his eldest son was there, as if they were tenants in deed, or as 
 
 and was brought thence to London. A their feoffees would have had if sued, 
 
 clause in the act of attainder passed Recoveries in such actions shall have 
 
 when Richard became king, declares it like force as if against the tenants in 
 
 should not prejudice the bishop in refer- deed or tfieir feoffees," 
 
CH. xxviii.] 1485 TO 1509. 867 
 
 so long expected and so much desired marriage between the King 
 and the Lady Elizabeth'"* then in her twentieth year/' In Mr. 
 Lodge's volumes of "portraits of illustrious personages of Great 
 Britain," the first is "EUzabeth of York, Queen to Henry the 
 Seventh," from the original in the collection of the Earl of Essex. 
 
 On March 6 (i486), John Alcopk was succeeded as Lord Chancel- 
 lor by John Morton^ bishop of Ely ; a few months afterwards Mor- 
 ton had also the highest office of the church.''^ 
 
 Among those employed this year (1486),*^ were two ex-chancellors, 
 John Russell, bishop of Lincoln, and John Alcock, bishop of Worces- 
 ter; Russell, in June and July, in negotiating with the King of Scots 
 and the Duke of Brittany ; and Alcock, in July, in treating with the 
 <:ommissioners of that king.'"' 
 
 jr. How ex-chancellor Waynflete was employed till his death in 
 August, 14.86. His high character. 
 
 Mr. Foss mentions that "after the usurpation of Richard III, and 
 before the murder of the princes in the Tower, Bishop Waynflete 
 was obliged to assist in the reception of the king at Oxford " ; but 
 considers "that the bishop, although the college which he founded 
 
 W" Which day of marriage was cele- ^' In July on the death of Cardinal 
 
 brated with greater triumph and demon- Bourchier the temporalities of the See 
 
 strations (especially on the people's part) of Canterbury were placed in his custody 
 
 of joy and gladness than the days either in preparation for bis own election to the 
 
 of his entry or coronation ; which the primacy, which immediately followed ; 
 
 King rather noted than liked." Bacon's the papal bull of translation being dated 
 
 Works, vol. n, edi. 1864, p. 65; 4 Tur- Octo. 6. His efforts to promote eccle- 
 
 nei% Engl., ch. 3, p. 108. * siastical reforms were supported by the 
 
 " Miss Strickland's Queens of Engl., king and approved by the pope. Id. 
 
 (Phil. edi. 1859) vol. 4, p. t7, p. 18 note, 22 May y<), i486, is the date of a letter 
 
 and p. 56. Elizabeth wns born Feb. 11, from Margaret, Countess of Oxford, to 
 
 1465-6. " John Paston Shrieve of Norfolk and 
 
 ^Mentioned in ch. 27, g 3, p. 859. Suffolk." Engl. Letters (Scoones's) edi. 
 
 Henry had not long assumed the crown 1880. 
 
 ere he summoned Bishop Morton to ^'(Rymer xii, 285, 318). After Bishop 
 
 England and admitted him into the Morton's advance to the primacy, Alcock 
 
 council loaded with favours. His attain- was translated to the see of Ely ; being 
 
 der was reversed in the first parliament. admitted to its temporalilies Dec. 7. 
 
 Foss's Biogr. Jurid. Foss's Biogr. Jurid. 
 
868 Reign of Henry VII [tit. vi; 
 
 was benefited by some royal grants, was no friend to the character of 
 the usurper, and that he rejoiced greatly at the triumph of the 
 Lancastrians " ; and states that " Henry VII at once shewed his 
 regard to the prelate by confirming all the gifts which had been con- 
 ferred on his college." Of that college where, after more than three 
 centuries, his memory survives, and, his virtues are celebrated, Mr. 
 Foss gives a short account. 
 
 Waynflete"had no sooner been invested with the mitre than he- 
 commenced his exertions to improve the condition of indigent stu- 
 dents. He obtained a royal license on May 6, 1448, to found a hall 
 at Oxford for the study of divinity and philosophy; and he lost no 
 time in procuring adequate premises within the city, including Bostar 
 Hall and Hare Hall, which he united under the name of St. Mary 
 Magdalen Hall, of which the first president received possession on 
 Aug. 29, in the same year. Besides this officer, the foundation was 
 to consist of fifty poor scholars, graduates, with a power to augment 
 or diminish their numbers, and they had the right to use a common 
 seal. The means of the hall were afterwards considerably increased 
 by several royal and private benefactions. With these the bishop 
 was about to enlarge the site of his establishment, when he obtained 
 the king's consent on July 18, 1456, to convert the hall into a college. 
 For this purpose he purchased the hospital of St. John the Baptist, 
 without the eastern gate of the city, where the college is now situ- 
 ate. Its conversion and the erection of the new buildings were 
 long retarded by the public distractions; but when tranquihty was 
 restored, he proceeded diligently in his work, receiving numerous 
 donations of valuable endowments which were made from the respect 
 in which he was held and the high admiration which his pious efforts 
 awakened. The edifice is one of the principal ornaments of the 
 university, and is a lasting memorial of the taste as well as of the 
 munificence of the founder, who spared no expense in its erection. 
 He lived to see the whole completed, and to find that the statutes he 
 had prepared for its regulation practically answered the purpose he 
 contemplated." 
 
 " With the same desire of encouraging learning and piety in tis. 
 native town, he erected there a school and chapel of handsome con- 
 struction, which he also dedicated to St. Mary Magdalen, with a 
 liberal endowment to the master." 
 
 In i486, the bishop having made his will (April 27), died (Aug. 11) 
 
 and was buried at Winchester in a magnificent mausoleum which he 
 
 had provided. It seems to Mr. Foss " difficult to speak too highly 
 
 of his character, as there is scarcely a virtue which has not been 
 
 attributed to him."^* 
 
 "Biogr. Jurid. 
 
■CH. XXVIII.] 1485 TO 1509. 86y 
 
 Arthur, the first child of the King and Queen, 'was born Sept. 20, 
 i486, at Winchester Castle.'^ 
 
 6. In November, i^Sy, meeting of parliament and coronation of the 
 Queen. Statutes, as to 'the court of star chamber,' and other 
 matters. How they affected the chancellor s jurisdiction. 
 
 Of the " court of Star Chamber " there is information in volumes 
 mentioned below.™ Mr. Stubbs says: 
 
 "The court of Star Chamber as the judicature of the council in spe- 
 cial cases, was organized by the act 3 Hen. VII, c. 1, which appointed 
 the chancellor, treasurer, privy seal, a bishop, a lord temporal of the 
 council, and the two chief justices as judges. The privy councillors, 
 however, retained their places : hence the dispute whether this was a 
 new court or an old one."" 
 
 • The parliament of 3 Hen. VII, which met at Westminster Nov. 9 
 (1487), passed, besides the act just mentioned, other statutes."* Those 
 relating to deeds of gift^' and feoffments'"' may have well suited the 
 chancery, which Lord Bacon says " had the Pretorian power for 
 equity " ; — " the Pretorian power for mitigating the rigour of law, in 
 case of extremity, by the conscience of a good man.'' But ch. 14, it 
 is admitted by Lord Bacon, "was somewhat of a strange composi- 
 
 '^Bacon's Works, vol. \\, p. 69, of I 'Statutes Revised,' edi. 1870, p. 354- 
 
 N. Y. edi. 1864; 6 Collyer's Engl., to 359. Ch. 12, of taking a wfoman 
 
 pp. 34, 35; 5 Lingard's Engl., pp. 283, against her will, is construed in 12 Rep. 
 
 284; 4 Turner's Engl., ch. 3, edi. 1825, 20. It (and not ch. 14) seems to be 
 
 p. 113. Miss Strickland's Queens of meant (to be referred to) \a. Baker and 
 
 Engl., vol. 4, p. 41, and pp.. 72, 73. Hall's case. Id., lOO. 
 
 ^*4 Inst., ch. 5, p. 60, et seq.; Bacon's "In the margin of ch. iv [v],pp. 513, 
 
 Works, vol. II, p. 130, of N. Y. edi. Si4> °f ^ Stat, of the Realm, are the 
 
 1864; 4 Bl. Com. 266, 310, 429, 431, words: "Deeds of gift of goods in 
 
 437 > 3 Hume's Engl., p. 69, and note trust for the donors declared to be void. 
 
 B, p. 453, of N. Y. edi. 1851 ; 5 Lin- Certain bargains, by the name of dry 
 
 gard's Engl., pp. 292, 293, of Boston exchange, declared void : penalty £,\<x>. 
 
 edi. 1854; 2 Mackintosh's Engl., pp. 88, Chancellor of England shall have juris- 
 
 89, of Phila. edi. 1831 ; Green's Hist. diction to enquire of these bargains in 
 
 of Engl. Peop., book 5, ch. 2, pp. 70,71, cities and boroughs; and the justices of 
 
 of vol. 2, edi. 1879. the peace of adjoining counties." 
 
 "3 Stubbs's Const, Hist,, ch. 18, ™Ch. xvi, p. 523, is "an act to enable 
 
 p. 253, note I, feoffees in trust to sue for the benefit of 
 
 ?* Of which all are in 2 Stat, of the the feoffors, although they be outlawed." 
 Realm, p. 502 to 523 ; and some are in 
 
870 Reign of Henry VII [tit. vr 
 
 tion and temper."' After saying "that if any of the King's servants, 
 under the degree of a lord, do conspire the death of any of the 
 King's council, or lord of the realm, it is made capital," Lord Bacon 
 makes this statement: 
 
 " This law was thought to be procured by the Lord Chancellor, 
 who being a stern and haughty man, and finding he had some mortal 
 enemies in court, provided for hig own safety; drowning the envy of 
 it in a general law, by communicating the privilege with all other 
 councillors and peers ; and yet not daring to extend it further than 
 to the King's servants on check-roll, lest it should have been too 
 harsh to the gentlemen and other commons of the kingdom, who 
 might have thought their ancient liberty and the clemency of the 
 laws of England invaded, if the will, in any case of felony, should be 
 made the deed."^^ 
 
 Henry's 'Queen was, with great solemnity, crowned at Westmin- 
 ster, the twenty-fifth of November, in the third year of his reign"' 
 (1487).=^ 
 
 7. Of Chancellor Morton in a great council between Nov , 14.8^, and 
 fanuary,, 1488-g. His decision in 4. Hen. VH as to jurisdiction 
 of chancery where one executor releases a debt without the other's 
 consent. 
 
 Lord Bacon supposes that Hen. VII, " in open parliament, pro- 
 pounded the cause of Britain to both houses by his chancellor, Mor- 
 ton, archbishop of Canterbury." In the Statutes of the Realm there 
 is no mention of a Parliament between that mentioned in the last 
 section (Nov. 9, 1487) and that mentioned in the next section (Jan. 
 14, 1488-9) ; but during this interval, the case of Brittany may have 
 been propounded to a 'Great CounciV; for it appears that in 1488, 
 after keeping Allhallowtide (Nov. i) at Windsor, the King "removed 
 to Westminster to the gretest conseill that was many yers withoute 
 
 '1 Bacon's Works, vol. ii, p. 130 to sooner than they would have been by 
 
 132, of N. Y. edi. 1864. reason of 'the great business of the 
 
 'i* " The resolution was taken at War- Parliament.'" Bacon's Works, vol. 11 
 wick at September. The King and (edi. 1864), p. 94, and notes. .K de- 
 Queen left Warwick on Saturday, Oc- tailed account of the coronation is in 
 tober 27, and entered London on the 4 Lei. Coll. 216-33; <=ited in 4 Tur- 
 3d of November." — "The coronation ner's Engl., ch. 3, edi. 1825, p. 122, 
 festivities were ended (27th November) note 74, 
 
CH. XXVIII.] 1485 TO 1509. 871 
 
 the name of parliament." Recent editors of Bacon's works take this 
 view; and also think the speech itself "is to be taken, not as a report 
 of what the Chancellor really said, but as a representation of what 
 Bacon imagined that such a person, in such circumstances, with such 
 ends in view, would or should have said.'* 
 
 Sir George Gary reports the following as "by the chancellor 
 ,agamst the opinion of Fineux " : 
 
 " If one executor will release a debt without the consent of his co- 
 partner, whereby the will cannot be performed, the releaser and the 
 releasee shall be ordered therefore in chancery. 4 Hen. VII, 4."" 
 
 8. Acts of parliament from, fan. ij, i?i ^ Hen. VII i^i^SS-g), until 
 Feb. 27, in 5 Hen. VII {i48g-9o). Of the Chancellor' s juris- 
 diction ; and as to the heir of cestui que use. 
 
 The Parliament which began at Westminster on Jan. 13, 4 Hen. 
 VII (1488-g), was on the 23d of February following prorogued to 
 Octo. 14 (5 Hen. VII), 1489. Its acts are «numbered ch. i to vii.'* 
 Chapters viii and ix'* were passed in the session from Octo. 14 until 
 Dec. 14, when there was a prorogation to Jan. 25. Acts numbered 
 ch. X to xxiv," passed in the session from Jan 25 until Feb. 27 
 
 '^Bacon's Works, vol. 11 (of edi. by '^ /a'., pp. 533, 534. 
 
 Spedding, &c.), 1864, p. 1 14-126. Id., ^'' Id., p. 534 to 541. Among the 
 
 Appendix i, p. 367, et seq. words in the margin of ch. xii are these 
 
 '^Gary's Rep., p. 20. on p. 537; "Persons aggrieved may 
 
 '5 2 Stat, of the Realm, p. 524 to 533. complain to the Justices of the peace, 
 
 Ch. I, p. 524 to 526, is "For commis- and if not redressed, to the Justices of 
 
 sions of Sewers. In the margin are the assize, and then to the King or his 
 
 words, " Recital of St. H. VI, respect- Chancellor." This act (ch. xii) is men- 
 
 ing commissions of Sewers; 8 H. VI, tioned in Bacon's Works, vol. 11 (by 
 
 c. 3, giving further powers; 18 H. VI, Spedding, &c.), edi. 1864, p. 146. Ch. 
 
 c. 10, continuing commissions for 10 xvii, is of wards. On p. 54' i" ^^ 
 
 years ; 23 H. VI, c. 8, continuing com- margin, after mention of the heir of 
 
 missions for 15 years; 12 E. IV, c. 6, cestui que use are the words: "Such 
 
 farther continuing commissions for 15 heir shall have an action of waste 
 
 years; commissions of Sewers shall be against his guardian committing waste." 
 
 made for 25 years, according to the Ch. xx is in I ' Statutes Revised,' edi. 
 
 form of the statute. 6 H. VI, c. 5; 1870, p. 360 to 363. 
 powers of commissioners." 
 
872 
 
 Reign of Henry VII 
 
 [tit. VI 
 
 (5 Hen. VII}, 1489-90, when the parliament was dissolved. 
 
 The last chapter (c. 24) was construed in cases in the reigns of 
 Hen. VIII and Eliz.'" Of these cases, the last was in chancery ; and 
 is particularly noticed in ch 34, § 14. 
 
 Margaret Tudor, the eldest daughter of Hen. VII and Queen 
 Elizabeth, was born Nov. 29, 1489.'' 
 
 g. In 1 49 1, in June, birth of Prince Henry {afterwards Henry VHI); 
 in October, session of Parliament. Its statutes; especially of one 
 giving the chancellor extraordinary jurisdictio7i over knights of 
 the shire and others. 
 
 At Greenwich Palace, in 149 1, on the 28th ^^ day of June, was born 
 the second son of the King and Queen, Prince Henry, afterwards 
 Hen. VIII. 
 
 Enactments of the Parliament begun at Westminster on Monday, 
 the 17th of October, in 7 Hen. VII (1491), are in 'Statutes of the 
 Realm.'" 
 
 38 Hil. 4 H. VIII, Rot. 344; cited in 
 5 Eliz. Damport &» wife v. Wright, 
 2 Dy. 224 a/ 27 Eliz., MenviPs case, 
 13 Rep. 21. 
 
 '' Lodge's Portr., vol. i, No. 12. 
 
 ^^ This day is not mentioned in Bacon's 
 Works, vol. II, p. 172, edi. (by Sped- 
 ding, &c.), 1864. But the fact (that he 
 was born " on the twenty-eighth") is 
 stated in 6 Collyer's Engl., edi. 1775, 
 p. 106; Miss Strickland's Queens of 
 Engl., vol. 4, p. 47 ; and Lodge's Por- 
 traits, vol. I, No. 16. 
 
 "Vol. 2, p. 549 to 567. As to a 
 grant to the King of fifteenths and 
 tenths, there is in ch. 11, p. 554, 555, a 
 provision : " That if any of the Knights 
 of any of the shires, or any citizen or 
 burgess coming to this present parlia- 
 ment, or any other person having au- 
 thority to name any collectors, take any 
 
 money or other reward for sparing or 
 forbearing to make any person or per- 
 sons collector or collectors for gathering 
 of the said fifteenths and tenths by this 
 act granted, thai then that sufficiently 
 proved before the Chancellor of Eng- 
 land for the time being, by examination 
 poes or otherwise, that the same chancel- 
 lor then shall have authority to commit 
 every of the said Knights of the shire, 
 citizens and burgesses, and every other 
 person having the authority aforesaid so 
 found in that default, to ward, there to 
 remain after the discretion of the said 
 chancellor, and unto the time he have 
 satisfied the party ten times so much of 
 his or their receipts or rewards, and fur- 
 ther to do by his discretion unto the 
 time that he or they have made fine to 
 the King for the contempt." 
 
•CH. XXVIII.] 1485 TO 1509. 873 
 
 10. Events in /^pj and 1494. Of the Lord Chancellor {jiow Car- 
 dinal^ Morton, discoursing iipon the conquest of Granada jrom 
 the Moors ; death and character of the ex-chancellor, folin Rus- 
 sell, bishop of Lincobi. Act of the Parliament in Ireland in 10 
 Hen. VII, called 'Poynings' Law.' 
 
 A letter from Hen. VII to Sir Gilbert Talbot, is dated at Kenil- 
 Tvorth Castle, July 20, 1493." 
 
 John Morton, Lord Chancellor and Archbishop (of Canterbury), 
 " was rewarded with the Cardinal's hat, with the title of St. Athana- 
 sius, in 1493."*' Lord Bacon, after mentioning "letters from Ferdi- 
 nand and Isabella, King and Queen of Spain, signifying the final 
 conquest of Granada from the Moors," says: 
 
 "The King" (Hen. VII) "upon the receipt of these letters sent 
 all his nobles and prelates that were about the court, together with 
 the mayor and aldermen of London in great solemnity to the church 
 of Paul's; there to hear a declaration from the Lord Chancellor, 
 now Cardinal."*' 
 
 The ex-chancellor, John Russell, bishop of Lincoln, after the nego- 
 tiations mentioned in § 4, p. 867, had a quiet life the remainder of 
 his days. He died in the beginning of January, 1494, at his manor 
 of Nettleham; and was buried in his Cathedral. Although doubt 
 upon his character has arisen from his continuing in the chancellor- 
 ship after Richard had shewn himself in his true colours, yet Russell 
 is described as wise and good, of much experience and one of the 
 most learned men that England had in his time.'° 
 
 " Seeing good and profitable acts of parliament made in the realm 
 of England since the reign of King John extended not into Ireland 
 unless it w'ere specially named or by general words included, as 
 within any of the king's dominions, a right profitable act was made 
 at a parliament holden in Ireland in anno lo H. 7, before Sir Edward 
 Poynings, then deputy or prorex in Ireland, and thereupon called 
 Poynings' law, whereby it is enacted that all statutes late made within 
 the realm of England, concerning or belonging to the common or 
 public weal of the same, from henceforth be deemed good and 
 eifectual in the law, and over that be accepted, used and executed 
 within this land of Ireland, in all points, at all times requisite, accord- 
 ing to the tenor and effect of the same ; and over that, that by the 
 
 ** Engl. Letters (Scoone's), edi. 1880, "Bacon's Works, vol. 11, edi. (by 
 
 PP- 8, 9. Spedding, &c.) 1864, p. igi to 193. 
 
 *' Foss's Biogr. Jurid. ^ Foss's Biogr. Jurid. 
 
874 Reign of Henry VII [tit. vi 
 
 authority aforesaid, that they and every of them be authorized, 
 proved and confirmed, in this same realm of Ireland." *" 
 
 II. Acts of Parliament in it Hen. VII (^149^). Oppressions by 
 Empson and Dudley under colour of ch. j. Provision in ch. 12 
 for suing in forma pauperis ; and in ch. 20 as to alienation by a 
 woman when she has no more than an estate for life. Extraor- 
 dinary jurisdiction given by ch. 2§ to the chancellor and other 
 officers. Also of the Parliament of 12 H. VII {i4g6-j). The 
 Kin^s policy. 
 
 At Westminster, on the 14th day of October, in 11 Hen. VII 
 1495), began the Parliament which enacted statutes" whereof chap- 
 ter one is in i 'Statutes Revised,'** and chapter 3, was followed by 
 "horrible oppressions and exactions" by Sir Richard Empson and 
 Edm. Dudley.*' Ch. 12, "to admit such persons as are poor to sue 
 \x\form.a pauperis' is as fbllows: 
 
 " That every poor person or persons which have or hereafter shall 
 have cause of action or actions against any person or persons within 
 the realm, shall have, by the discretion of the chancellor of this 
 realm for the time being, writ or writs original and writs oi subpcena, 
 according to the nature of their causes, therefor nothing paying to 
 your Highness" (the King) "for the seals of the same, nor to any 
 person for the making of the same writ and writs to be hereafter 
 sued; and that the said chancellor for the time being shall assign 
 such of the clerks which shall do and use the making and writing of 
 the same writs, to write the same ready to be sealed, and also learned 
 counsel and attorneys for the same without any reward taking there- 
 for; and after the said writ or writs be returned, if it be afore the 
 King in his bench, the justices there shall assign to the same poor 
 person or persons counsel learned, by their discretions, which shall 
 give their counsels, nothing taking for the same; and in like wise 
 the same justices shall appoint attorney and attorneys for the same 
 poor person and persons and all other officers requisite and neces- 
 sary for the speed of the said suits to be had and made, which shall 
 
 **4 Inst, 351. Another provision of *'2 Inst., 51; Bacon's Works, vol. 11, 
 
 the Irish act of 10 H. VII is cited in p. 32410 327, and pp. 351, 352, of edi. 
 
 /</., pp, 351, 352, and 12 Rep., pp. 109, by Spedding,&c.(N.Y., 1864); 3 Hume's 
 
 no. How Poyning's act shall be ex- Engl., pp. 62, 63, of N. Y. edi. 1851; 
 
 pounded and taken was declared by act 4 Turner's Engl., ch. 4, edi. 1825, p. 156; 
 
 of 3 and 4 Ph. and M., ch. 4. 4 Inst., 5 Lingard's Engl., ch. 6, pp. 334, 335, of 
 
 352; 12 Rep. no. Boston edi. 1854. The repealing statute 
 
 *'In 2 Stat, of the Realm, p. 568, (l Hen. VIII, c. 7,) is mentioned, /of/, 
 
 et seq. in ch. 30. 
 
 <«Edi. 1870, pp. 363, 364. 
 
CH. XXVIII.] 1485 TO 1509. 875 
 
 do th6ir duties without any rewards for their counsels, help and busi- 
 ness in^e same; and the same law and order shall be observed and 
 kept of all such suits to be made afore the King's justices of his 
 Common place and barons of his Exchequer and all other justices in 
 courts of record where any such suits shall be."*° 
 
 Chapter 20 (of 11 H. VII) has been much considered;" especially 
 by Mr. Roper, *^ in respect to modern trusts and equities of redemp- 
 tion ;*" and "the practice of courts of equity in decreeing specific 
 performance of marriage articles."" The repeal of this statute of 
 H. VII,'* and the effect of the repeal are noticed by Mr. Bright.'* 
 
 Ch. 25, pp. 589-90 — " An act against perjury, unlawful maintenance 
 and corruption in officers" — conferred a remarkable jurisdiction "for 
 any perjury committed by any inquests between the King and party, 
 party and party." It enacted "that the party grieved or any other 
 that will complain of any unlawful maintenance embracing corrup- 
 tion of any officers whereby the said perjury was induced, and of per- 
 jury by the said inquests committed may complain by bill to be 
 presented afore the justice or justices by whom judgment shall be 
 given.""' Section 4 is as follows : 
 
 " That the said justice or justices, after the receipt of the said bill 
 
 "•l Stat, of the Realm, p. 578; plainant present the same bill before the 
 
 I Statutes Revised, edi. 1870, pp. 364, same justice or justices within six days 
 
 365 ; Bacon's Works, vol. 1 1, pp. 342, after the judgment given, and find suffi- 
 
 343, of edi. by Spedding, &c. (N. Y., cient surety before the same justice or 
 
 1864.) justices, by his or their discretion to be 
 
 " 24 Eliz., Foster v. Pitfall, Cro. Eliz. admitted, that v^ill bind them by recog- 
 
 2; 26 Eliz., Stockbridge' s case, Id., 2^. nizance or otherwise in such sum or 
 
 Lord Coke says : " If feme tenant in sums of money as shall be limited by the 
 
 dower had aliened in fee with warranty discretion of the same justice or justices 
 
 and died, the warranty had bound the to the several parties upon whom he 
 
 heir until the statute of II H. VII." shall complain, upon condition that if 
 
 Co. Lit., 365 ^ / /(/.,38015,381a. the party complainant prove not suffi- 
 
 *^ I Roper on Property, ch. 12, \ 2, ciently the matter of his complaint to be 
 
 P..590, «/ i^^. ^/(^.j p. 595. true, that then the said complainant to 
 
 ^ Id., p^ 616 to 618; 1704, Clifton pay such costs and damages to the 
 
 v. Jackson, 2 Vern., 486-489. several parties grieved, and at such 
 
 ^By 3 and 4 W. IV, c. 74, \ 17. time as shall be considered and awarded 
 
 ^ I Bright's Husband and wife, ch. 20, by the discretion of the said persons 
 
 ? 9> P- S'S) of N. Y. edi. 1850. that have power by this present act to 
 
 ""Which justice or justices shall be examine the same." 2 Stat, of the: 
 
 bound to receive it, so that the com- Realm, 590. 
 
876 Reign of Henry VII [tit. vr 
 
 of complaint in form rehearsed, certify the said bill under his or their 
 seal or seals unto the Chancellor of England for the time b^g, and 
 then the same Chancellor shall cause by writ at the suit and costs of 
 the party complainant, all such person and persons against whom the 
 said complaint is so made, to come afore the same Chancellor and 
 Treasurer of England, the Chief Justices of either bench and the 
 clerk of the rolls for the time being; which shall have full power and 
 authority by this present act, by ttieir discretion, to examine all su'ch 
 person or persons appearing before them, of all things comprised in 
 the bill of complaint, and to punish all and every such person or 
 persons as by that examination shall be found offender or offenders, 
 as well of perjury as other, after their said discretion."' 
 
 Section 6 ordains — 
 
 "That if perjury be committed by pves in the King's court of the 
 Chancery, or before the King's honorable council or elsewhere, that 
 then the forenamed Chancellor, upon a bill to him put with like 
 surety as is afore rehearsed, make like process to call in the supposed 
 perjured persons afore the said Chancellor, Treasurer, Justices and 
 Clerk of the Rolls, and they to have power to hear and examine the 
 said persons, and if the said persons of the jury or other misbe- 
 having before rehearsed, so be convicted, that then they to be pun- 
 ished under like form as is afore rehearsed."** 
 
 The Parliament at Westminster on Jan. i6, in 12 Hen. VII 
 {1496-7), having been " called purposely in respect of the Scottish 
 war, there were" (to use Lord Bacon's words) "no laws made to be 
 rememberedy'"^ But statutes were enacted which those who please 
 may see!'^ 
 
 It is observed that after the victory of Stoke " (near Newark) the 
 policy of Edward the Fourth was taken up with vigour by his daugh- 
 ter's husband. 
 
 'Parliament was only summoned on rare and critical occasions. It 
 was but twice convened during the last thirteen years of Henry's 
 
 ^"Provided always that this act be- "'Bacon's Works, vol. II, edi. (by 
 gin to take his effect at the feast of the Spedding, &c.) 1864, p. 263. 
 nativity of our Lord next coming ; and ™ In Stat, of the Realm, p. 636 to 64.7. 
 no longer to endure but unto the next ^' " In 1847, on Stokefield, the battle 
 Parliament." Id., p. 590. By act of took place between the armies of Henry 
 Parliament of Jan. 16, in 12 Hen. VII VII and the Earl of Lincoln, who had 
 (1496-7), to stand 'good and etfectual' espoused the cause of Lambert Simnnel, 
 ^ unto the next Parliament.' Id., p. 636. when the Earl, with 4,000 of his follow- 
 Further continued by act of 19 Hen. ers, was slain." 7 Dugdale's Engl, and 
 VII (1503-4), p. 649. Wales, tit. Stoke East, p. 1425. 
 
CH. xxviii.j 1485 TO 1509. 87T 
 
 reign. The chief aim of the King was the accumulation of a treas- 
 ure which should relieve him from the need of appealing for its aid."** 
 
 12. Deaths in 1500 of Ex-chancellor Rotheram ; of Ex chancellor 
 Alcock ; and of Chancellor Morton. Their characters. Tra- 
 dition of Morton^ s course to raise the tax called a 'Benevolence.' 
 
 Rotheram, ex-chancellor and archbishop of York, witnessed "the 
 peaceful establishment of the government" of Hen. VII, before his 
 life terminated-, at the age of 76, on May 29, 1500."°" 
 
 Bishop Alcock's latter years were much occupied in improving the 
 palace of Ely; and building on his manors. Yet compositions con- 
 nected with his profession issued from his pen; and he is highly 
 commended for his erudition and piety. He died in his castle at 
 Wisbeach" (in Cambridge county), October i, 1500, respected and 
 beloved by his cotemporaries ; and was buried in a magnificent 
 chapel which he had erected in Ely Cathedral. Lord Coke speaks 
 of him as "' a man of singular piety, devotion, chastity, temperance 
 and holiness of life; who, amongst others of his pious and charitable 
 works, founded Jesus College in Cambridge ; a fit and fast friend to 
 "the honorable and virtuous judge," Thomas Littleton, who by his 
 will constituted Alcock "supervisor thereof.""" 
 ■ Speaking of a tax, called a Benevolence, which was devised by 
 ' Edward the Fourth, abolished (for a time) by Richard the Third, 
 and revived by Henry the Seventh, whereby "he raised exceeding 
 great sums," Lord Bacon says: 
 
 "There is a tradition of a dilevima that Bishop Morton (the 
 chancellor) used to raise up the benevolence to higher rates; and 
 some called it his fork, and some his crutch. For he had couched 
 an article in the instructions to the commissioners, who were to levy 
 the benevolence, that if they met with' any that were sparing, they 
 
 •^ Green's Hist, of Engl. Peop., book founded a college for a provost, five 
 
 S, ch. I, vol. I, edi. 1879, p. 64. priests and six choristers, vifith three 
 
 " He died at Cawood of the plague, schoolmasters for grammar, singing and 
 
 and was buried in a marble tomb which writing. Toss's Biogr. Jurid. 
 
 he had erected in York Cathedral. The ^ Distant from London 93 miles, from 
 
 universities of Cambridge and Oxford, Ely 23, from Peterboro' zi, and Lynn 13, 
 
 and the See of York, received proofs of "* Preface to Co. Lit., p. xxxi; Foss's 
 
 his bounty ; and in his native town he Biogr. Jurid. 
 
878 Reign of Henry VII [tit. vi 
 
 should tell them that they must needs have, because they laid up ; 
 and if they were spenders, they must needs have, because it was 
 seen in their port and manner of living; so neither kind came 
 amiss." *° 
 
 "But in the matter of exactions, time did after shew that the 
 Bishop in feeding the King's humour did rather temper it." — " He 
 won the King with secresy and diligence, but chiefly because he 
 was his old servant in his less fortunes." — " He was a wise man, and 
 an eloquent, but in his nature harsh and haughty, much accepted by 
 the King, but envied by the nobility and hated of the people." — " He 
 died of great years, but of strong health and powers." "' 
 
 At his palace of Knoll, in Kent, his death occurred in 1500, in the 
 fall.'» 
 
 _rj. Of Erasmus and his friend, Thomas More, a future Lord 
 Chancellor. When, in ijoo, they saw the children of the King 
 and Queen. In 1501, marriage of Prince Arthur to Catharine 
 of Arragon. After his death, in t§02, treaty for her marriage 
 to Prince Henry. In 130^ the Princess Margaret married to 
 the King of Scotland. 
 
 Of Erasmus (Desiderius) *' it is stated — 
 
 That after 1492 "he went to Paris, where he supported himself by 
 tt aching, and among other pupils had William Blount, lord Mount- 
 joy ; on whose invitation he visited England in 1497, and contracted 
 an intimacy with Colet, Grocyn, Linacer and More. He next went to • 
 Orleans, where he finished his ' Adagia ;' but, in 1499, he returned 
 
 ^Bacon's Works, vol. 11, edi. (by ^" In the beginning of October," as 
 Spedding, &c.), 1864, p. 184; i Fullers stated in /^., p. 310, note 2 (consistent 
 Worthies, edi. 1840, p. 454; Foss's with which is I Fuller's Worthies, edi. 
 Biogr. Jurid. Thus were " extorted gifts 1840,11.454); or on Sept. 13, as Stated 
 to the Exchequer from men who lived in Foss's Biogr. Jurid. " His remains 
 handsomely, on the ground that their were removed for interment in Canter- 
 wealth was manifest, and from those bury Cathedral. To both his dioceses 
 who lived plainly, on the plea that he was a liberal benefactor, restoring 
 economy had made them wealthy." their cathedrals and repairing their 
 Green's Hist, of Engl. Peop., book 5, palaces." — " The poor were not forgotten 
 ch. 2, p. 70, of vol. 2, ed. 1879. by him, either in his life or his testamen- 
 
 ^' Bacon's Works, vol. II, edi. (by tary remembrances; and both the uni 
 
 Spedding, &c.) 1864, pp. 310, 311. versities were partakers of his bounty." 
 
 " The old chronicle says that he died, Id. 
 
 ' passing the years of four score and "' Born at Rotterdam Octo. 28, 1467. 
 
 odd.' Id., p. 311, note 3. Watkins's Biogr. Diet., edi. 1822. 
 
•CH. XXVIII.] i486 TO 1509. 879 
 
 to this country, to which he ever professed a great attachment. His 
 stay here, however, was short." '" 
 
 Erasmus was more than ten years older than Sir John More's son, 
 Thomas." This future Lord Chancellor' received the rudiments of 
 his education at St. Anthony's school in Threadneedle street. His 
 father obtained for him an early introduction into the house of Car- 
 dinal Morton — 
 
 " Who, like other ecclesiastics of the age, received young persons 
 of name and character into his family, nominally as pages, but really 
 to be instructed under his own eye." More's quickness and ready 
 wit soon made him a favorite with his fellows. In the plays, which 
 it was then the custom, even in bishops' houses, to perform at Christ- 
 mas, he would intermingle with the actors, and adopting a character 
 appropriate to the piece, would improvise the parts to the sport and 
 admiration of the audience. The worthy cardinal, of whom More 
 always spoke with affectionate gratitude, was not the last to see his 
 merit and to prophesy his future eminence' — "he 'placed the promis- 
 ing youth at the University of Oxford.'"^ 
 
 Of a meeting between More and Erasmus, — without introduc- 
 tion, — at the Lord Mayor's table, the following has been told as 
 illustrating the vein of humour in them both. 
 
 " It was contrived by their host that they should not be introduced, 
 
 but find each other out. They engaged in an argument at dinner. 
 
 Erasmus felt himself pressed by his opponent's playful sarcasm, and 
 
 .exclaimed, 'You are More, for you can be no one else;' and More 
 
 retorted, ' If you are not Erasmus, you must be the devil.'"" 
 
 The narrative may be inaccurate in the statement that " they had 
 been long known to each other by epistolary correspondence." '* For 
 Mr. Foss says of More, 
 
 "Wxs, friendship with Erasmus commenced in 1497, when that 
 
 ™/i/. "In 1501 he was at Lou vain, father-house in Milk street, London." 
 
 studying divinity and the Greek Ian- Id. 
 
 guage. In 1506 he vf ent to Italy, and " poss's Biogr. Jurid. 
 
 while at Padua became tutor to Alex- " Penny Magazine for 1838, March 
 
 der, natural son of James IV, King of 24, p. no. 
 
 Scotland, for whose use he drew up "And further perhaps in these words: 
 
 some treatises on eloquence.'' Id. " One of Erasmus's objects in one of his 
 
 " The time of his birth is mentioned journeys to England was to become per- 
 
 as 1480 in Id.; and Feb. 7, 1478, in sonally acquainted with his /«W«(/." Id. 
 Foss's Biogr. Jurid. ; the place was " his 
 
880 Reign of Henry VII [tit. vi 
 
 eminent man first visited England, who in a letter to a friend in Italy, 
 dated on Dec. 5, 1497. after eulogizing the learning of Colet, Grocyn 
 and Linacre, who were all at Oxford at that period, adds ' Nor did 
 nature ever form any thing more elegant, exquisite and better accom- 
 plished than More.""^ 
 
 "With all the three eminent men mentioned by Erasmus," More 
 "formed an intimacy, and with their encouragement, and Thomas 
 Linacre for his tutor, he enthusiastically pursued his Greek stu- 
 dies" — "began those epigrams and translations that appear in his, 
 works; and devoted himself entirely to the allurements of litera- 
 
 It was in 1500 that Erasmus wrote:. 
 
 "ThoTuas More paid me a visit when I was Mountjoy's guest, and 
 took me for recreation a walk to a neighbouring country place where 
 the royal infants 'were abiding;" prince Arthur excepted, who had 
 completed his education The princely children were assembled in 
 the hall, and were surrounded by their household, to whom Mount- 
 joy's servants added themselves. In the middle of the circle stood 
 prince Henry, then only nine'* years old; he bore in his countenance 
 a look of high rank and an expression of royalty, 5'et open and 
 courteous. On his right hand stood the princess Margaret, a child of 
 eleven years, afterwards queen of Scotland. On the other side was 
 the princess Mary, a little one of four years of age, engaged in her 
 sports, whilst Edmund, an infant, was held in his nurse's arms."" 
 
 Negotiations for a marriage between Arthur, Prince of Wales, and 
 Catharine of Aragon, daughter of Ferdinand and Isabella, were 
 begun in the infancy of these children, and were long continued. At 
 length the Lady Catharine "arrived in England at Plymouth the 
 second of October (1501), and was married to Prince Arthur in 
 Paul's, the fourteenth of November following ;" *° the Prince having 
 then completed fifteen years, and the lady not quite sixteen.*^ Lud- 
 
 "Biogr. Jurid.; Green's Short Hist, the succeeding year (/(^., note), it could 
 
 ch. 6, ^ 4, pp. 317, 318; Hist, of Engl. not have been later than 1500 when 
 
 Peopl., book 5, ch. 2, vol. 2, pp. 81, 82, More paid Erasmus this visit. 
 N. Y. edi. 1879. so Bacon's Works, vol. 11, edi. (by 
 
 'H Foss's Biogr. Jurid. Spedding, &c.) 1864, pp. 316, 317. 
 
 " Croydon (in Surrey) about 9 miles 81 xhe birth of Catharine vf as on Dec. 
 
 from London. 1^^ 1485. Miss Strickland's Queens of 
 
 '8 As stated in § 9, p. 872. Heilry Engl., vol. 4, p. 64, Phila. edi. 1857. 
 
 was born June 28, 1491. Arthur was bom at Winchester Sept. 20, 
 
 "Miss Strickland's Queens of Eng- i486. (Sect. 5, ante, p. 869.) Prince 
 
 land, vol. 4, p. 49, of Phila. edi. 1857. Arthur's brother Henry (then Duke of 
 
 As Edmund was born in 1499, and died York) led Catharine " from the Bishop's 
 
CH. xxviii.J i486 TO 1509. 881 
 
 low Castle (in Shropshire) became the residence of the Prince and 
 Princess. He died there on the 2d of April, 1502; and his mother 
 settled Catharine "at the country palace of Croydon.'"'' 
 
 "A treaty was signed in June by Henry, -and' an September by 
 Ferdinand and Isabella, for the marriage of Henry, then Prince of 
 Wales (afterwards Henry VHI), to his brother's widow. This union 
 was sanctioned by a bull of pope Julius II " — " in which, after reciting 
 the previous marriage, he proceeds to pronounce that even if the 
 union with Arthur were perhaps consummated, yet he, by the present 
 dispensation, relieves both parties from all censure which might be 
 otherwise incurred by such an alHance, dispenses with the impedi- 
 ment to their nuptials which the affinity had caused, authorizes them 
 to solemnize their marriage, and to remain conjoined in lawful wed- 
 lock; and lasdy, as a necessary consequence, decrees that the chil- 
 dren who may be the progeny of their union shall be held and 
 deemed to be legitimate." ^ 
 
 Margaret Tudor, the king's eldest daughter, " had been solemnly 
 wedded on behalf of King James by his proxy, Patrick Hepburn, 
 earl of Bothwell, in the palace of Richmond, on the 27th of January, 
 1503. She did not begin her journey to Scotland till the following 
 summer;" there, "on the 8th of August, the marriage was com- 
 pleted." « 
 
 Upon its being " objected to the Scottish marriage that the king- 
 doms might by that connexion fall to the king of Scotland, ' Scot- 
 land would then,' said Henry VII, ' become an accession to England, 
 not England to Scotland ; the greater would draw the less ; it is a 
 safer union for England than one with France.*" 
 
 Palace to St. Paul's,'' and after the li, 1502-3 — "the day that she com- 
 
 ceremony led her back " to the bishop's pleted her thirty-seventh year." Miss 
 
 palace." — " The prince and princess of Strickland's Queen's of Engl., vol. 4, 
 
 Wales remained at the bishop's palace p. 56, Phila. edi. 1857. Consequently 
 
 that night." Id., pp. 68, 69; Bacon's Margaret's leaving England, and her 
 
 Works vol. i£, edi. (by Spedding, &c.) marriage in Scotland, vfere after her 
 
 1864, pp. 320, 321. mother's death. Bacon's Works, vol. 
 
 ^'Miss Strickland's Queens of Eng 11, edi. (by Spedding, &c.) 1864; 
 
 land, vol. I, p. 73; 5 Lingard's Engl., pp. 322, 323; Hume's Engl., vol. 3, 
 
 p. 327 to 329, Boston edi. 1854. p. 61, N. Y. edi. 1851; 5 Lingard's 
 
 ^2 Mackintosh's Engl., Phila. edi. Engl., pp. 324, 325. The passage in 
 
 1831, p. 87. Prince Henry born June the text is from 2 Mackintosh's Engl., 
 
 28, 1491, was in Sept., 1502, in his twelfth Phila. edi. 1831, p. 83. 
 year. ^ Id., p. 87 (citing Bacon iii, 379). 
 
 **The mother of Margaret Tudor It has been said of the Princess Mar- 
 
 " expired on her own birthday" — Feb. garet that she " became the stock from 
 
 56 
 
882 
 
 Reign of Henry VII 
 
 [tit. VI 
 
 14. The mastership of the Rolls in this reign. 
 
 Thomas Barowe's possession of the mastership of the rolls seems 
 to have been considered an intrusion. For his predecessor, Robert 
 Morton, resumed his place without a new patent, ^ though afterwards 
 he and William Elliot, by patent of Nov. 13, 1485, received a joint 
 appointment to the office of master of the Rolls for their lives, and 
 that of the longest liver.*' Neither of them appears to have acted 
 in this office after Morton was consecrated bishop of Worcester.** 
 On the contrary, the office was held by David William^ from Feb. 
 22, 1487, and by John Blyth^" from May 5, 1492, until his resigna- 
 tion of it on the 13th of Feb., 1494.°' He was succeeded by Wil- 
 lictm IVarham,^ who held the office for eight years." It was resigned 
 
 whom sprung alt the sovereigns wko 
 have since reigned in Great Britain.'' 
 Id., pp. 87, 88. Certain it is that her 
 marriage did " bring the House of 
 Stuart at an after time to the English 
 throne." 4 Turner's Engl., ch. 4, edi. 
 1825, p. 146; Green's Hist, of Engl. 
 Peop., book 5, ch. 2, p. 76, of vol. 2, 
 edi. 1879, ^^''- Turner observes that 
 the Brunswick line " is also through her 
 a branch of Henry's descendants." 
 4 Turner's Engl., ch. 4, edi. 1825, p. 165. 
 
 *°Foss's Biogr. Jurid. Morton was 
 named as one of the commissioners to 
 perform the office of steward at Henry's 
 coronation, (Rymer xii, 277,) and he 
 seems to have been otherwise actively 
 employed in the king's affairs; that is 
 stated to be the reason why his request 
 to have a partner in his office of master 
 of the rolls was complied with. Id. 
 
 " Id. In the following year, Octo. 
 16, Morton was advanced to the bishop- 
 ric of Worcester, and he then resigned 
 the mastership of the Rolls. He died 
 in the first week of May, 1497, and was 
 buried in St. Paul's Cathedral. Id. 
 
 8* Eliot acted afterwards as a simple 
 master in chancery. Id. 
 
 «'Id. 
 
 9»Son of William Blyth of Norton, 
 
 in Derbyshire. John was sent to the 
 University of Cambridge, became master 
 of King's Hall, and was admitted arch- 
 deacon of Richmond (Octo. 8, 1485.) 
 
 '1 His resignation was a few days be- 
 fore his consecration as bishop of Salis- 
 bury. In the same year he was elected 
 Chancellor of the University, in which 
 he was educated. He died about Aug. 
 23, 1499 ; his remains were deposited in 
 a handsome tomb behind the high altEir 
 in his cathedral. (Rymer xii, 552; 
 Le Neve, 326 ; Godwin, 323, 352.) Id. 
 
 '2 Born about 1456 at Okely, in Hamp- 
 shire, the residence of his father, Robert 
 War ham; educated first at William of 
 Wykeham's school at Winchester, and 
 afterwards at New College, Oxford, of 
 which he became fellow in 1475. He 
 took the degree of doctor in both laws, 
 was admitted into holy orders, and re- 
 ceived from his college the living of 
 Horewood Magna in the diocese of Lin- 
 coln. Entering as an advocate in the 
 Court of Arches, he was selected by 
 Henry VII in July^ 1493, to g° with Sir 
 Edward Poynings on an embassy to the 
 Duke of Burgundy. Foss's Biogr. Jurid. 
 
 ^ During this period he was frequently 
 engaged in diplomatic services; after 
 other ecclesiastical preferment he was 
 
■CH. XXVIII.] 
 
 i486 TO. 1509. 
 
 883 
 
 by him Feb. i, 1502. Then WilHam Barons, or, as he is sometimes 
 called, William Barnes^ was appointed to the office, and held it till 
 JNov. 13, 1504, when he resigned it.'' He was succeeded by Christo- 
 pher Bainbridge^ Nov. 13, 1504, who resigned this office on being 
 preferred to the bishopric of Durham.'^ John Yonge^ received the 
 mastership of the Rolls Jan. 22, 1508 (23 H^n. VII). 
 
 13. Custody of the Great Seal from October 1300, until the end of 
 
 the reign. 
 
 In 1500, on the 13th of October, Henry Dene^ was invested with 
 
 elected to the See of London in Octo. 
 1 501. Id. 
 
 " Took the degree of Doctor of Laws 
 at Oxford; became commissary of the 
 prerogative court of Canterbury, and, 
 having entered into orders, received 
 several ecclesiastical preferments. Id. 
 
 In June, 1502, he was one of the 
 negotiators in a treaty for marriage be- 
 tween Prince Henry and Catharine of 
 Arragon; on the 24th of January fol- 
 lowing, he assisted in laying the first 
 stone of Henry VII's chapel at West- 
 minster abbey. He succeeded Bishop 
 Warham as bishop of London Aug. 2, 
 1504, and obtained restitution of the 
 temporalities Nov. 13. 
 
 ^ He died in less than a year after 
 wards, (Octo. 9 or 10, 1505,) and was 
 buried in St. Paul's. Id. 
 
 ""Of a family seated at Hilton, near 
 Appleby, in Westmoreland, where he 
 was born. Educated at Queen's Col- 
 lege, Oxford, he took his degree in laws, 
 and having at the same time been admit- 
 ted into holy orders, he obtained early 
 preferment in the church ; for which he 
 may have been indebted to Archbishop 
 Morton, his intimate friend, with whom 
 he had/suffered under Ric. III. Foss's 
 Biogr. I Jurid. 
 
 "The temporalities of which were 
 granted to him Nov. 17, 1507. He was 
 translated to the archbishopric of York, 
 
 receiving the temporalities of that 
 province Dec. 12, 1508. Under Hen. 
 VIII, Archbishop Bceinbridge became 
 his representative at the Roman court, 
 being empowered by a patent of Sept. 
 24, 1509. He seems to have pleased 
 both his King and the Pope, receiving 
 from the latter in March, 1511, a car- 
 dinal's hat with the title of St. Praxedis. 
 He had an unhappy death at Spoleto, 
 July 14, 15 14, and was buried in the 
 cloister of the church of S. Tommaso 
 degli Inglesi, at Rome, under a fine 
 monument, with a full length recumbent 
 figure of his person. He bequeathed 
 20,000 golden ducats towards the build- 
 ing of St. Peter's. Id. 
 
 ^ Believed to have been born at Rye ; 
 educated first at Wykeham's College at 
 Winchester, and then at New College, 
 Oxford. He graduated as doctor in 
 both laws, and practised as an advocate 
 in the ecclesiastical courts, taking, as 
 was then usual, holy orders also. He 
 had several ecclesiastical preferments, 
 and had some employments under 
 government before he received the 
 mastership of the Rolls. Id. 
 
 ^ A Welshman; born about 1450; the 
 place of his education is claimed by 
 both Oxford and Cambridge. He be 
 came, in 1461, prior of Llanthony 
 Secundus, near Gloucester; was made, 
 in 1494, chancellor of Ireland, and, in 
 
884 Reign of Henry VII [tit. vi 
 
 the custody of the Great Seal with the title of Lord Keeper;"" he 
 resigned the same July 27, 1502."" William Warham, who had beea 
 master of the rolls, was appointed Keeper of the Great Seal Aug. 
 II, 1502 ; '"'' in January, 1504, the King changed his title of Keeper for 
 the more dignified one of Lord Chancellor, which he retained during 
 the rest of the reign, taking a prominent part in the administration of 
 the kingdom.'"™ 
 
 16. Of statutes in ig Hen. VII {ijoj-4) enlarging the Chancellor's 
 powers and duties ; and providing as to 'feoffments to uses' Also- 
 of a statute for satisfaction of aids to the King. 
 
 Of the statutes of the Parliament begun at Westminster on the- 
 twenty-fifth day of January, in 19 Hen. VII (1503-4),"* chapter vii,^ 
 ' D. privatis <Sf illicitis statutis non faciend.' is against certain acts or 
 ordinances unless they "be examined and approved by the Chancel- 
 lor, Treasurer of England and Chief Justices of either bench, or 
 three of them." "» 
 
 In 12 Jac. I, it was resolved, that this statute "doth not corroborate 
 any of the ordinances made by any corporation which are so allowed 
 and approved as the statute speaks, but leaves them to be affirmed 
 as good, or disaffirmed as unlawful by the law.''^°° 
 
 1496, not only deputy and justiciary of '"'' He became bishop of London 
 
 that kingdom, but also bishop of Bangor. Octo. I, 150Z. Id. 
 
 in March, 1500, he was translated to ""In vol. I, p. 117, of Sir H.Ellis's 
 
 the diocese of Salisbury. Foss's Biogr. 3d series of Orig. Let., is a letter of Hen. 
 
 Jurid. VII, dated ' at our castell of Notyng- 
 
 1™ In January following, he was con- ham the xx day of August," naming 
 secrated Archbishop of Canterbury. him for the primacy. Mr. Foss states 
 Soon afterwards the Pope appointed that he was raised thereto in November, 
 him his legate in England; before the 1503. In 1506 he was elected chancel- 
 end of the year he solemnized the nup- lor of his University. Foss's Biogr. 
 tials of Prince Arthur with Catharine of Jurid. 
 
 Arragon, and was engaged in negotia- '"^2 Stat, of the Realm, p. 648 to 694. 
 ting the treaty of marriage between the ^"^ It is retained in i ' Statutes Re- 
 King of Scots and the Princess Mar- vised,' edi. 1870, pp. 365, 366. 
 garet ~ Id. '"^ " The sole benefit which the incor- 
 
 101 Perhaps there was a failure of poration obtains by such allowance is, 
 
 health, for he survived his retirement that they shall not incur the penalty of 
 
 only half a year. He died at Lambeth ^^40, mentioned in the act, if they put in 
 
 Feb. 15, 1502-3, and his remains were use any ordinances which are against 
 
 deposited in Canterbury Cathedral. Id. the King's prerogative, or the common 
 
•CH. XXVIII.] i486 TO 1509. 885 
 
 2. That the " restraint of the defendant, for more than the act of 
 5 Eliz. 4, has made, was against law." ™ 
 
 The Chancellor's powers and duties were enlarged by several of 
 these statutes;'"' especially by chapter 14, 'de retentionibus illicitis' §§ 
 6, 7, 8.™ Ch. 15, § I, p. 660, as to 'feoffments to uses' has in its mar- 
 gin the words, " The lands of cestui que use made liable to executions 
 on judgments, &c., against him." In other respects this chapter is 
 remarked on in Co. Lit. 91" and 117"."° In this Parliament was also 
 made a statute for satisfaction of two aids to the King : . 
 
 The one for the making knight the right honorable his first begot- 
 ten son Arthur, late Prince of Wales, deceased ; and the other for 
 the marriage of the right noble princess, his first begotten daughter 
 Margaret, now married to the King of Scots." '" 
 
 ly. Character of Hen. VII. When and where he died; place of his 
 
 interment. 
 
 Henry the Seventh died with the epithet fixed upon him of a 
 second Solomon.'" 
 
 A "direction of his public care was to make the law the universal, 
 impartial, silently- ruling, but irresistible sovereign of all classes of 
 the community. The great and restless disliked, but the people at 
 large always love, the reign and exercise of law. It is the only 
 weapon by which the inferior and the weak can safely and effectually 
 
 profit of the people, &c." Ipswich execution, and them, and every of them 
 
 Tailor's case, 1 1 Rep., 54 b. so founden defective, shall have and 
 
 ^'" Id., 543. suffer like pain and punishment as if the 
 
 '"^Ch. 12, ' de validis mendicantibus said ofScers or officer had been thereof 
 
 repellend,' enacts that the Chancellor of duly convicted by the due process and 
 
 England, or Keeper of the King's Great course of the King's laws." Id.,y. 656. 
 
 Seal, the Treasurer of England, the two ^'^ Id., p. 659. 
 
 Chief Judges, the Chief Baron of the "" Ch. 20 is retained in i ' Statutes 
 King's Exchequer for the time being, Revised,' edi. 1870, p. 366. In its mar- 
 aud also the Justices of Assize within gin are the words, ' Recital of Statute 
 their circuit, and every of them, shall 3 Hen. VII, c. II, giving costs on writs 
 have within the shire or shires where of error;" "recited act not yet en- 
 they or any of them shall fortune to be, forced ; the said act confirmed, and shall 
 full power and authority to call before be put in execution." 
 them, and every of them, the sheriff, i" 13 Rep., 28. 
 
 mayors, constables, and all other officers, "^Fabian, p. 537; cited in 4 Tur- 
 
 ■of or within the same shire or shires, ner's Engl., ch. 4, edi. 1825, pp. 150, 
 
 ■which hath power to put this statute in 151. 
 
886 Reign of Henry VII. [tit. vr 
 
 combat against power. It is at once theshield and sword of all in their 
 civil transactions ; and that it might become so, it was necessary to. 
 reduce and to accustom the higher orders to its dominations ; and to 
 cause all ranks to feel, in order that all might recognize and obey, its 
 authority and corrective force." "' 
 
 It has been said that " his chief aim appeared to be the accumula- 
 tion of treasure." 
 
 "The less blood he drew the more he took of treasure; and as 
 some construed it, he was the more sparing in the one that "he might 
 be the more' pressing in the other.""* 
 
 No doubt his accumulations were very great;"* yet what is called 
 by some his avarice, is viewed by another as ' clemency, mildness, 
 and enlightened judgment.' Mr. Turner, who regards his fines as 
 useful in preventing taxations,"" says, 
 
 " His real character seems to have been, sedate thought, well gov- 
 erned mind, calm temper, active spirit, extensive foresight, large 
 views and enlightened judgment. His feelings were subjected to his 
 
 After having lived 52 years and about nine months — whereof he 
 reigned 23 years and eight months — Henry the Seventh died on 
 April 22, 1509, in the palace which he had built at Richmond,"* and 
 was laid by the side of his queen, " in that beautiful chapel at West- 
 minster which bears his name, and which is a noble monument of the 
 architectural genius of his age.""' 
 
 " He dwelleth more richly dead, in the monument of his tomb,, 
 than he did alive in Richmond or any of his palaces." ™ 
 
 113 Id. (4 Turner), p. 153 to 155. p. 154. 
 
 11* Bacon's Works, vol. 11, pp. 327, "'/(/., p. 164. 
 
 328, and p. 357, of edi. (by Spedding, "* Bacon's Works, vol. 11, edi. (by 
 
 &c.,) 1864; Green's Short Hist., ch. 6, Spedding, &c.) 1864, p. 354; 6 CoUyer's 
 
 ? 3. pp. 313, 314. Engl., edi. 1775, p. 106; 3 Hume's 
 
 1154 Turner's Engl., edi. 1825, ch. 4, Engl., p. 67, of N. Y. edi. 1851. 
 
 pp. 152, 153, and p. 156; 2 Mackin- "'2 Mackintosh's Engl., Phila. edi. 
 
 tosh's Engl., Phila. edi. 1831, p. 92 to l83i,p. 94; Miss Strickland's Queens of 
 
 95; Green's Hist, of Engl. Peop., book Engl., vol. 4, p. 60, of Phila. edi. 1857. 
 
 5, ch. 1, vol. I, edi. 1879, p. 70. ^Bacon's Works, vol. 11, edi. (by 
 
 116 
 
 4 Turner's Engl., ch. 4, edi. 1825, Spedding, &c.) 1864, p. 365. 
 
CH. XXIX.] 1399 TO 1509. 887 
 
 CHAPTER XXIX. 
 
 REVIEW OF PERIOD FROM 1399 TO 1509. 
 
 I. Revenue of England ; expenses of government; and exaction 
 under the name of ^benevolence! Representation in parliam.ent 
 of shires and boroughs. How acts of parliament were published 
 and proclaimed. 
 
 In a record shewing the application of England's revenue in 1421, 
 there is among the annual payments, 
 
 " For the fees {pro feodis) of the Treasurer, Keeper of the Privy- 
 Seal, the judges of both benches, the barons of the Exchequer and 
 other officers of the King's court, ;^3,oo2. 17. 6."' 
 
 There is "a very particular account of the King's income and ex- 
 penses" in II and 12 Hen. VI. (1433).'' 
 
 Lord Coke mentions how " the exaction under the good name of 
 benevolence,'' began in 12 Edw. IV; and states "that whereas the 
 King called this a benevolence to please the people, yet many of the 
 people did much grudge at it and called it a malevolence." " He refers 
 
 'Foedera, tome 10, pp. 113, 114; An- still here. The allowance for the Duke 
 
 derson's History of Commerce, p. 248 ; of Orleans was ^ 243 per annum : for 
 
 cited in 3 Hatsell's Precedents, 2d edi. the Duke of Bourbon ;f 266 ; and for 
 
 (1796), pp. 361, 362. the Count d' Eu ;£'i6o per annum." — 
 
 ^ Id., p. 364. Among the curious "The Duke of Orleans continued here 
 items is "an allowance for wages for till 1440, when he was ransomed for 
 three lions in the Tower at six pence per 54,000 nobles, or ;^i 8,000 sterling." 
 day each ; and six pence to each of their Chronicon Pretiosura of Fleetwood, 
 keepers. The Duke of Orleans, Duke p. 52, mentions what ;^ 100 (at the be- 
 ef Bourbon, and Count d' Eu, who had ginning of the fifteenth century) would 
 been made prisoners at the battle of make, or be equivalent to, at a later 
 Agincourt, in 1415, were at this time period. '12 Rep., 119, 120. 
 
888 Review of Fifteenth Century [tit. vi 
 
 to the oration of the Duke of Buckingham at Guildhall, in i Edw. V, 
 wherein he inveighed "against this taxation under the name of 
 benevolence"; and cites* from i Rich. Ill, ch. 2, a recital, 
 
 That " the Commons of this his realm, by new and unlawful inven- 
 tions and inordinate covetise against the law of this realm, have 
 been put to great thraldom and importable charges and exactions, 
 and in especial by a new imposition named a benevolence, whereby, 
 divers years, the subjects and commons of this realm, against their 
 wills and freedom, have paid great sums of money." 
 
 After which, and other recitals, it is ordained — 
 
 "That his subjects and the commonalty of this his realm, from 
 henceforth in no wise be charged by none such charge (exaction) or 
 imposition called benevolence, nor by such Hke charge; and that 
 such exactions called benevolences afore this time taken be take for 
 no example to make such or any. like charge of any his said subjects 
 of this realm hereafter but it be damned and annulled forever." ^ 
 
 In the same (fifteenth) century there is a list of " boroughs which 
 sent members .to Parliament before An. Chr., 1483";* a list of 
 "boroughs which never did send members till after anno 1483 ';' 
 and a list of shires, shewing as to each shire the number of its mem- 
 bers and the proportion paid by it of the tax on the kingdom in a 
 year." 
 
 " Of ancient time, when any acts of Parliament were made, to the 
 end the same might be published and understood, and especially 
 before the use of printing came into England (after the Parliament ■ 
 was ended), the acts of Parliament were ingrossed into parchment 
 and bundled up together with a writ in the ICing's name, under 
 the great seal, to the sheriff of every county, sometimes in Latin 
 and sometimes in French, to command the sheriff to proclaim 
 the said statutes within his bailiwick, as well within liberties as with- 
 out." "This was the course of Parliamentary proceedings, before 
 printing came in use in England, and it continued after we had the 
 print till the reign of^ Hen. VII."' 
 
 '^ Id., 120. ence to Reeves's Hist, of Engl. Law, 
 
 °2 Stat, of the Realm, p. 478. Lord ch. 24, vol. 3, edi. 1869, p. 14. 
 
 Coke mentions the benevolence desired "2 Somer's Tracts, edi. 1748, p. 445. 
 
 in 6 H. VII; the act of n H. VII, ' /rf., pp. 448, 449. 
 
 i;. 20 ; and the commission in 20 H. VII, ^ Id., p. 452. 
 
 to levy what was granted by 11 H. VII. '12 Rep. 58. 
 
 12 Rep., 120. There may also be refer- 
 
-CH. XXIX.] 1399 TO 1509. 889 
 
 2. Trouble and misgovemance ; too much cruelty and persecution ; 
 too little tolerance, justice and mercy ; evils seen but the remedy 
 not grasped. Of the nation! s rights and wrongs ; respective 
 duties of the governors and the governed. The natioti jealously 
 on the watch against royal witerference in electio7is. Grants 
 of Money connected with redress of grievances. 
 
 " The age in which the Lollard ^° movement was working, was in 
 England, as elsewhere, a period of much trouble and misgovemance; 
 men, parties and classes were jealous and cruel; and although there 
 was an amount of intellectual enlightenment and culture which is in 
 ■contrast with the preceding century, it had not yet the effect of making 
 men tolerant, merciful or just." — " In the church the gende and munifi- 
 cent wisdom of men like Chichele" and Waynflete'' had to yield the 
 first place in power to the politic skill and the unscrupulous partisan- 
 ship of men" "who persecuted the assailants of truths which had 
 little or no m,oral influence upon the persecutor." " 
 
 " It is curious to mark how, from the very beginning of the century, 
 men saw the evils and failed to grasp the remedy. Not to multiply 
 examples; in 1399 the commons petitioned against illegal usurpa- 
 tions of private property; the Paston letters furnish abundant proof 
 that this evil had not been put down at the accession of Henry VII."" 
 
 "The discipline of the fourteenth century, culminating in the grand 
 lesson of revolution, had left the nation in no ignorance of its rights 
 and wrongs."— "The nation knew that the king was not an arbitrary 
 despot, but a sovereign bound by oaths, laws, policies and necessities 
 over which they had some controul."'^ 
 
 In 1410, bishop Beaufort quoted the apochryphal answer of Aris- 
 totle to Alexander on the surest, defence of states: 'The supreme 
 security and safeguard of every kingdom and city is to have the 
 entire and cordial love of the people and to keep them in their laws 
 and rights.' '* The same sound principle pervades even the most 
 pedantic effusions of ihe successive chancellors in the following 
 reigns"; — "the king's duty is to rule lawfully, the duty of the peo- 
 
 ""See ch. 20, \ 25, p. 699, note 304; '^^ Id., p. 239. The bishop "touched 
 
 and I Harl. Miscel., edi. 1808, p. 246. two kinds of government, namely, jus 
 
 '^ Archbishop Chichele, who died in regiminis and jus subjectionis, allowing 
 
 '433> is mentioned in i Cunningham's jus regiminis to be better, according to 
 
 Lives of Eminent Englishmen, Glasgow the answer of Artistotle to King Alex- 
 
 edi. 1838, p. 429 to 431. ander, who being demanded in what 
 
 ^^ Bishop Waynflete, who died in i486, wise Ihe same Alexander might most 
 
 is mentioned in Id., p. 433 to 435. fortify the walls of a new propugnade, 
 
 ''3 Stubbs's Const. Hist., ch. 19, or frontier town, answered that the most 
 
 p. 365. assured walls were the hearty good will 
 
 ^*' Id., ch. 18, p. 270. of his subjects, and obeisance to laws.' 
 
 '^3 Stubbs's Const. Hist., ch. 18, Cotton's Abr., p. 470, No. 3. 
 p. 246. 
 
890 , Review of Fifteenth Century [tit. vi: 
 
 ple to obey honestly; the share of the three estates in all delib- 
 erations is fully recognized."" , 
 
 The nation knew that the king " could not alter the laws or im- 
 pose a tax without their consent given through their representatives,, 
 chosen in their county courts. They knew how, when and where 
 those courts were held, and that the mass of the nation had the right 
 and privilege of attending them ; and they were jealously on the 
 watch against royal interference in their elections." ^ 
 
 " The attempt to bind together remedial legislation and grants of 
 money, to make supply depend upon the redress of grievances, was 
 directly and boldly made by the commons in 1401; the commons 
 prayed that before they made any grant, they might be informed of 
 the answers to their petitions. The king's answer given on the last 
 day of the session, amounted to a peremptory refusal.'' — "It is proba- 
 ble, however, that the point was really secured by the practice, almost 
 immediately adopted, of delaying the grant to the last day of the 
 session, by which time no doubt the really important petitions had 
 received their answer.'"' 
 
 3. When and where Sir John Fortescue is supposed to have been 
 made Chancellor by Henry VI. Of his travels and writings ; 
 especially of 'De Laudibus Legum Anglice^ Mackintostis 
 notice of Fortescue and Philip de Comines. 
 
 " There was a period of above four months from the battle of St. 
 Albans" (Feb. 17, 1461), "during which Henry" (the sixth) "was 
 still in England and in possession of some, though but a small part 
 of his dominions; for he is charged in the act of his attainder with 
 levying war in his own person against Edward, in Durham, on the 
 26th of June, 1461, and here Sir John Fortescue was with him. It 
 seems very hkely that one of his first acts upon regaining his free- 
 dom was to create a chancellor, who, by sealing his writs with the 
 Great Sea), could help to keep up the appearance of kingly power, 
 when but little of its substance remained to him ; and the very pres- 
 ence in his retinue of the venerable and famous Lord Chief Justice of 
 England would in itself naturally suggest such appointment. That 
 Henry had a great seal after his expulsion, we know from Queen 
 Margaret's instructions to Ormond in Portugal, where it is expressly 
 mentioned. Thus Fortescue may well have been Henry's Chancellor 
 in England, while there was still some part of the country which 
 acknowledged his rule." ™ 
 
 1' 3 Stubbs, p. 239. by the enactment of 7 Hen. IV, c. 15, 
 
 ^^Green's ShortHist., ch. 6, §3,p. 301. (2 Stat, of the Realm, 156,) is men- 
 
 The passage in the text is from 3 Stubbs, tioned in 3 Stubbs, p. 257. Other regu- 
 
 p. 246. Interference of Richard II, " in lations in the same century are men- 
 
 the elections of 1397, was one of the tioned in /</.,pp. 258, 259. 
 grounds of his deposition." 2 Id., '' /rf., pp. 262, 263. 
 
 p. 504; 3 Id., p. 257. The regulation '"Lord Clermont's Life of Fortescue 
 
CH. xxix.J 1399 TO 1509. 89L 
 
 " Sir John remained in Scotland with Henry upon his retirement 
 there from Berwick," and employed "his leisure in composing" 
 " wrytings sent out of Scotteland." " He was Chief Councillor to 
 the King in Scotland." '' 
 
 After the defeat at Hexham (May 17, 1464), "Fortescue, who had 
 accompanied the Royal party in this campaign, was now finally 
 parted from his unfortunate master. He remained with the Queen 
 and Prince at Bamborough ; and when it was determined that they 
 should proceed to the Continent, he resolved to attend them, and 
 after a short delay, embarked in their company at Bamborough, with 
 some other persons of note."*^ — "They landed at Sluys, in Flanders, 
 then part of the dominions of the Duke of Burgundy, and were hos- 
 pitably received by the Count of Charolois, his eldest son, who took 
 the Queen to Bruges (providing for the wants of the party with great 
 liberality), and afterwards led them to his father's court at Lisle, 
 where they remained for some time." — " The next journey was to 
 Lorraine, where Margaret's father, Ren6 of Anjou, titular King of 
 Jerusalem and Sicily, was Duke." — " He received his daughter and 
 grandson with kindness and gave them and their followers a retreat 
 in Barrois, or Berry." "The place assigned to them was St. Mighel, 
 a small town on the right bank of the Meuse." ^' 
 
 " Sir John was the bearer of a special letter of introduction for 
 himself from King Henry the Sixth to his cousin of France, which 
 testifies to the esteem in which he held the person and services of his 
 ■friend and loyal Chancellory^ There is "a dispatch from the 
 authorities at Rouen to their King, announcing the arrival of Pem- 
 broke'" and 'the Chancellor of England.'""^ 
 
 Sir John Fortescue and Philip de Comines are referred to by 
 Mackintosh when he observes, 
 
 " It was in this period of civil war, that two writers of sagacity 
 describe England as superior to her neighbours, in a mild and equi- 
 table government, of which the habitual influence had abated the 
 ravage of a contest, between incensed factions, and deprived intes- 
 tine commotions of a great part of their horrors.'"" 
 
 prefixed to Fort, de Laudibus Legurn December." Id,, p. xxvi to xxviii. 
 
 Angliae, pp. xx, xxi. Cincinnati edi. ^ Id., p. xxix. 
 
 1874. ^Fortescue, after receiving creden- 
 
 *' Id., pp. xxii and xxiii. tials as one of the ambassadors from 
 
 22 Among them was Dr. John Morton. Henry VI, accompanied to Paris " Jas- 
 
 Id., pp. xxiv and xxv. per Tudor, Earl of Pembroke, Queen 
 
 "^^ Id., p. xxv. A letter from For- Catherine's son by her second husband 
 
 tescue to the Earl of Ormond, contain- Owen ap Tudor, and therefore half 
 
 ing directions how to proceed in his brother to Henry." Id. ''■^ Id. 
 
 mission into Portugal, is dated "at "z Mackintosh's Engl., Phila. edi. 
 
 Seynt Mighel, in Barroys, the xiii day of 1831, p. 63. 
 
892 
 
 Review of Fifteenth Century 
 
 [tit. VI 
 
 In the present volume a reference to Comines liv. v, c. 19, may- 
 suffice as to him ; something more may be proper as to Fortescue. 
 The list of his works embraces — i. 'Opusculum de Natura Legis 
 Natures! sometimes called 'De Vigor e Legis Naturalis' ; 2. 'De 
 Laudibus Legum Anglice' ; and 2)- ' -De Dominio Regali et Politico.' 
 Of the 'De Natura,' part, perhaps the whole, was written in Scot- 
 land ; Fortescue speaks of it to the Prince as ' a small piece 1 form- 
 erly drew up on purpose for your use.' These words are in chapter 
 ix of 'De Laudibus,' which is the second work.*" This was proba- 
 bly composed in Lorraine. The third work (on "the difference 
 between absolute and limited monarchy") was written in Fortescue's 
 latter years, when he was residing in Gloucester county at Ebring- 
 ton.'* His death was not before Feb. 1476, and was at Ebrington. 
 There he was buried in the parish church ; and to his memory was 
 erected a monument.™ But his best monument is in his own works." 
 It is pleasing to learn that his seat at Ebrington still belongs to the 
 family, and that a complete edition of his works was published in 
 
 2* It was first printed early in the 
 Teign of Hen. VIII. 
 
 ^ Distant 90 miles from London, 9 
 from Evesham, 6 from Morton. Of the 
 third work (Fortescue on Monarchy) the 
 first edition was in 1714, with a preface 
 by Sir John Fortescue Aland. 
 
 »" Which, in 1677, Col. Robert For- 
 tescue caused to be repaired, i Camp- 
 bell's Lives of Chancellors, p. 37.5, of 
 2d edi. (1846), pp. 351, 352, of Boston 
 edi. 1874. The Colo, then put up a 
 large mural tablet with an inscription. 
 Clermont's Life of Fortescue, pp. xliv 
 and xlv of Cincinnati edi. 1874. 
 
 ^' In AUibone's Diet., p. 618, tit. For- 
 tescue, is the following : ' 
 
 " The De Laudibus Legum Anglise 
 was first printed by Whitchurch sine 
 anno, but in the early part of the reign 
 of Henry VIII. In 1516, l2mo., a 
 trans, into English, made by Robert 
 Mulcuster, was given to the world. Re- 
 printed 1567, '73, '7, '78, '99, 1609, wzV/4 
 Hengham's Summa Magna et Parva, 
 
 and notes by Selden on De Laudibus, 
 &c., 1616, '60, '72.'' 
 
 " Trans, into English, illustrated with 
 the notes of Mr. Selden, and a great 
 variety of remarks with respect to the 
 Antiq. Hist, and Laws of Eng.; to 
 which are added the Summce of Heng- 
 ham,'by J. Glanvill, 1737, fol.; 2d edi. 
 1 741. New ed., including Selden's 
 notes, and Hengham^ s Summce, with a 
 large Hist. Pref. by Francis Gregor, 
 177s, 8vo." 
 
 The author of the present work, 
 though he has not met with a "copy of 
 ' Hengham Magna' or ' Hengham Parva,' 
 has seen at Washington city in the li- 
 brary, at the Capitol, Notes on Hengham, 
 in ' Selden's opera,' vol. 6, (or vol. 3, 
 part 2,) edi. 1726, p. 191 1 to 1927. He 
 has also observed Mr. Foss's statement, 
 that ' Hengham Magna' and ' Hengham 
 Parva' " have been published with notes 
 by Mr. Selden, and are printed at the 
 end of his edition of • Fortescue de 
 Laudibus Angliie' (1741). Biogr. Jurid. 
 
CH. XXIX.] 1399 TO 1509. 893 
 
 1869 by Lord Clermont, one of his descendants.'' Others of his 
 kindred are mentioned by Lord Clermont and by Mr. Foss. 
 
 ^. Inns of Court and Inns of Chancery, where the laws of England 
 were studied in the i^th century. What appears in Fortescue's 
 ' De Laudibus Legum AnglicE ' as to how they were studied; 
 as to the science of government ; the Serjeants of taw and the 
 judges. Respective parts of the Lord Chancellor and the Mas- 
 ter of the Rolls when judges were sworn into office. Also of 
 the Guildhall; its courts and portraits of judges. 
 
 Mr. Reeves mentions " the state of the Hospitia, or inns, for the 
 residence of professors of law in the time of Henry VL" "' From 
 another source the following is added : 
 
 Serjeant's Inn is situated in Chancery Lane; out of which there is 
 an entrance into Clifford's Inn. In 17 Rich. II, this inheritance of the 
 Bishop of Ely was called Tenementum Domini yohn Sharll, and 
 was let by the Bishop's appointment to one of the six clerks of the 
 chancery. In 12 Hen. IV (141 1) it was called Faryndon Inn, and 
 the Serjeants at law had lodgings here. Under a grant from the 
 Bisbop, or his assigns, the whole house was, in 7 Hen. V, demised to 
 the judges and others learned in the law.'* 
 
 Lion's Inn " was an .Inn of Chancery in the time of Henry V ;" '* 
 Staple Inn is said to have been an Inn of Chancery as early as the 
 reign of that king;" and Mr. Ireland mentions another Inn of Chan- 
 cery — Barnard's Inn." 
 
 "Clement's Inn doubtless took its name from standing near St. 
 Clement's church or St. Clement's well, and was an Inn of Chancery, 
 
 ^'' Mr. Foss says, he is " sorry to add '' Reeves's Hist, of Engl. Law, ch. 23, 
 
 for private circulation only." An edi- edi. 1869, pp. 659, 660. 
 tion published at Cincinnati (by Robert ^Ireland's Inns of Court, edi. 1808, 
 
 Clarke & Co.) in 1874, of ' De Laudibus sect. 14, p. 195 to 198. 
 Legum Angliee,' contains ' Lord Cler- ** Id., sect. 6, p. 82. 
 
 mont's carefully corrected revision' with '^ Id., Sect. 12, p. 188. The inherit- 
 
 Amos's preface and notes to the edition ance has since been granted to the 
 
 in 1825; and also Lord Clermont's life ancients of Gray's Inn. Id., p. 189. 
 of his ancestor. ^'' Id., sect. 13, p. 192. 
 
S94 Review of Fifteenth Century [tit. vi 
 
 or house wherein students of the law had residence in King Edward 
 the Fourth's time.'"' 
 
 In these inns, and those mentioned in ch. 21, § 4, pp. 721, 722 — 
 being near the King's palace at Westminster, and then "between 
 Westminster and the city of London" " — the laws of England were 
 studied in Sir John Fortescue's time. He describes the method and 
 form of study, saying — 
 
 " There belong to it ten lesser inns, and sometimes more, which are 
 <:alled the Inns of Chancery, in each of which there are an hundred 
 students at the least, and in some of them a far greater number, 
 though not constantly residing. The students are, for the most part, 
 young men; here they study the nature of Original and Judicial 
 writs, which are the very first principles of the law. After they have 
 made some progress here, and are more advanced in years, they are 
 admitted into the Inns of Court, properly so called : of these there are 
 Jour in number. In that which is the least frequented there are about 
 two hundred students." Further he observes, '' that neither at Orleans, 
 where both the canon and civil laws are professed and studied, and 
 whither students resort trom all parts ; neither at Anglers, Caen, nor 
 any other University in France (Paris excepted), are there so many 
 students who have passed their minority as in our Inns of Court 
 where the natives only are admitted."*" 
 
 Such application by so many" to this branch of civil knowledge 
 was regarded by Mr. Hume as "a circumstance which proves that a 
 considerable progress was already made in* the science of govern- 
 ment, and which prognosticated a still greater."*'' 
 
 That in this science there had been some, and would be greater 
 progress, might be a reasonable conclusion after the discussion of 
 the subject by Fortescue in his treatise ' de laudibus legum Anglim.' 
 
 ^ " As may seem by the book of '' ' De Laudibus Legum Angliae,' cb. 
 
 records from the record of Mich. 19 48, edi. 1874, p. 185. 
 E. IV, fol. 61, iitu/o misnomer." Ire- '"Id., ch. 49, p. 1S7 to 191, and pp. 
 
 land's Inns of Court, sect. 4, p. 70. 194, 195. 
 
 Ireland (pp. 72, 73,) cites as from *' " In the age of Henry VI, as we 
 
 Shakspeare, Master Shallow saying, " I are told by Fortescue, there were in the ■ 
 
 was once of Clement's Inn, where I inns of court about two thousand stu- 
 
 think they will talk of mad Shallow dents." This language is in 2 Hume's 
 
 yet." The citation is from King Henry Engl., ch. 23, N. Y. edi. 1850, p. 511. 
 IV, part 2, act 3, scene 2. *^ Ibid. 
 
•CH. XXIX.] 1399 TO 1509. 895 
 
 Therein it may be seen that it is " not customary for the kings of 
 England to sit in court or pronounce judgment themselves;"*' that 
 "" a King of England cannot, at his pleasure, make any alterations in 
 the laws of the land;"** that "he can neither make any alteration or 
 •change in the laws of the realm without the consent of the subjects, 
 nor burthen them against their wills with strange impositions."*^ 
 
 Therein also is mentioned the degree of a Serjeant at Law ; how 
 it is conferred, and how judges of courts in Westminster are consti- 
 tuted and sworn.** 
 
 "When any one of them dies, resigns, or is superseded, the King, 
 •with the advice of his council, makes choice of one of the Serjeants 
 at law, whom he constitutes a judge by his letters patent in the room 
 ■of the judge so deceased, resigning or superseded; which done, the 
 Lord High Chancellor of England shall come into the court where 
 such vacancy is, bringing 'in his hand the said letters patent ; when 
 sitting on the bench, together with the judges of the court, he intro- 
 duces the Serjeant, who is so appointed to be a judge; to whom, in 
 open court, he shall notify the King's pleasure concerning his succes- 
 sion to the vacant office, and shall cause to be read in public the said 
 Letters Patent: after which the Master of the Rolls shall read to him 
 the oath of office ; when he is duly sworn into his said office, the 
 Chancellor shall give into his hands the King's letters patent, and the 
 Lord Chief Justice of the Court shall assign him the place where he 
 is to sit, and makes him sit down in it." *' 
 
 In the reign of Hen. V. there was a resolution for a more eligible 
 Guildhall ; it was carried out in that and the succeeding reign.** Ire- 
 land mentions courts held in the Guildhall, *' and portraits on either 
 side the hall (painted by Wright) of eighteen judges, *" among whom 
 ■are Sir Heneage Finch, Sir Orlando Bridgman and Sir Matthew 
 Hale." 
 
 « Cincinnati edi. 1874, ch. 8,.p. 22. pp. 211, 212. In i Hen. VI was a 
 
 ** Id., ch. 9, p. 26. gift by the executors of Richard Whit- 
 
 *5 Id., p. 27. tington for paving the great hall and 
 
 ^ Id., ch. so, p. 196 to 203. glazing several windows. Id., p. 213. 
 *' Id., p. 203. On comparing this *' Id., p. 223. 
 
 page with ch. 4, pp. 117, 118, of Legal ^» Who, after the fire of London, set- 
 
 Judic. in Ch. (edi. 1727), there may be tied the claims as between the landlord 
 
 observed some difference in the phrase- and tenant. Id., p. 215. 
 ology. '* Id., p. 2l6, 
 
 ** Ireland's Inns of Court, Sect. 16, 
 
896 Review of Fifteenth Century [tit. vi 
 
 5. A court in its determination, even though as to its privileges or 
 customs, must not transcend its jurisdiction. In the administra- 
 tion of justice there were evils which conduced to the fall of the 
 House of Lancaster ; and which were not remedied by the House 
 of York. Evil reputation of the York kings must be shared by 
 a demoralized age. In i H. VII remonstrance against the 
 King's consulting judges beforehand. Cf the King's jurisdic- 
 tion as to pardons ; limitations thereof. 
 
 "In 12 E. IV, 2, in S\r John Paston's case, it is holden that every 
 court shall determine and decide the privileges and customs of the 
 same court, &c." 
 
 This broad language of Lord Coke^* must be subject to the quali- 
 fication that the court's determination or decision will be void so far 
 as it exceeds its jurisdiction.^ 
 
 It has been observed that "in times of civil war, or during periods, 
 of peace that are possible in a reign of terror, judicial iniquities are- 
 quite compatible with maintenance of the forms of law." °* Though 
 there has been high praise of the administration of justice during the- 
 troublous years of Henry VI;^* — though there were great judges^, 
 and the law was ably discussed — yet Mr. Stubbs considers "the 
 administration of the law was full of abuses"; "justice was not. 
 enforced; there was no governance" or a want of proper govern- 
 ance. He says, 
 
 " It was the lack of the strong hand in reform, in justice, and in 
 police, the want of governance at home, that definitely proved the- 
 incapacity of the house of Lancaster, and that made their removal 
 possible. It was the fatal cause of their weakness, the moral justifi- 
 cation of their fall."^^ 
 
 The -house of York, "although they ruled with a stronger will, 
 failed altogether to remedy the evils to which they succeeded." — 
 "England found no sounder governance under Edward IV than, 
 under Henry VI ; the court was led by favorites, justice was per- 
 verted, strength was pitted against weakness ; riots, robberies, forci- 
 ble entries were prevalent as before. The house of York failed, a& 
 the house of Lancaster had failed, to justify its existence by wise- 
 administration."" 
 
 52 13 Rep., 64. 108, 109. 
 
 ' M 7 Rob. Pract., ch. I, g 14, p. 107 to =63 Stubbs's Const. Hist., ch. 18,. 
 
 109. '* 3 Stubbs, 280. pp. 272, 273. ^' Id., p. 273. 
 
 55 3 Reeve's Hist, of Engl. Law, pp. 
 
CH. xxix.J 1399 TO 1509. 897 
 
 The York kings have left an evil reputation for judicial cruelties; 
 the charge is true, although it must be shared with the men who 
 lent themselves to such base transactions, and with the age which 
 was sufficiently demoraUzed to tolerate them."'* 
 
 Richard III aimed to enlist the nation on his side; and to be 
 viewed as the restorer of its ancient liberties.*" In the petition to 
 him mentioned in ch. 26, § 6, p. 853, are the words : 
 
 •'We be determined rather to adventure and commit us to the 
 peril of our lives, and jeopardy of death than to live in such thral- 
 dom and bondage as we have done long time heretofore, oppressed 
 and injured by extortions and new impositions against the laws of 
 God and man, and the liberties and old policy and laws of this land, 
 wherein every Englishman is inherited." "" 
 
 In parliament Richard's measures showed anxiety to purchase a 
 popularity in which the bloody opening of his reign might be for- 
 gotten."" 
 
 William Huse (or Hussey), whose patent of chief justice was 
 renewed on the accessions of Edw. V, Richard III and Hen. VII, 
 successfully remonstrated in i H. VII, fp. 26, against the judges being 
 consulted before-hand in crown cases."'' Lord Coke says of this 
 Chief Justice, 
 
 He " besought King Henry the Seventh that he would not desire 
 to know their opinions before-hand for Humfrey Stafford ; for they 
 thought it sh'ould come before them in the King's Bench judicially, 
 and then they would do that which of right they ought; and the 
 King accepted it. And therefore," Lord Coke says, "the judges 
 ought not to deliver their opinions before-hand upon a case put, and 
 proofs urged of one side in absence of the party accused; especially in 
 cases of high nature, and which deserve so fatal and extreme pun- 
 ishment. For how can they be indifferent who have delivered their 
 opinions before-hand without hearing of the party, when a small 
 addition or subtraction may alter the case. And how doth it stand 
 with their oath who are sworn that they should well and lawfully 
 
 ^Id.., p. 280; Green's Short Hist., 'liberty and laws of this nalm,' in 
 
 ch. 6, I 3, p. 304 to 311 ; Hist, of Engl. Green's Hist, of Engl. Peop., book 5, 
 
 Peop., book 5, ch. I, vol. I, edi. 1879, ch. i, vol. i, edi. 1879, p. 63. 
 
 p. 6, et seq. ^ Green's Hist, of Engl. Peop., book 
 
 '' Id., p. 63. 5, ch. I, vol. I, edi. 1879, P- 64. 
 
 "•Cotton's Abr., ■{. 713. Instead of ^Toss's Biogr. Jurid. ; citing 3 Inst., 
 
 the vfords in italics are the words 29. 
 
 57 
 
898 Review of Fifteenth Century [tit. vi 
 
 « . 
 serve our Lord the King and his people in the office of a justice? 
 and they should do equal law and execution of right to all his 
 subjects, &c.''''^ . 
 
 " The law so regards the weal public, that although in actions popu- 
 lar the King shall have the suit solely in his own name for the redress 
 of it, yet by his pardon he cannot discharge the offender; for this, 
 that it is not only in prejudice of the King but in damage of the sub- 
 jects" — " as if a man ought to repair a bridge, and for default of 
 reparation it falls into decay; in this case the suit ought to be in the 
 name of the King, and the King is sole party to the suit but for the 
 benefit of all his subjects. And for this if the King pardon it, yet 
 the offence remains; and in any suit in the name of the King, for 
 redress of it, the offender ought (notwithstanding the pardon) to make 
 and repair the bridge for the benefit of the weal public ; but, perad- 
 venture, the pardon shall discharge the fine for the time past."* 
 
 "'If one be bound to the King in a recognizance for to keep the 
 peace against one, and other the liege people of the King, — in this 
 case the King, before the peace, cannot pardon or release the recog- 
 nizance.""^ 
 
 /5. Of learning a?id literature before and in the fifteejith century. In 
 this century books of value produced and printed north of the 
 Alps. Of Littleton's Tenures: Statham's Abridgment: and 
 Lyndewode' s ' Cvnstitutiones Provinciates' Ly?idewode' s view 
 of the Common Law as to probate of wills recognized. 
 
 It may be admitted that books were scarce in the thirteenth, the 
 fourteenth, and the early part of the fifteenth century. 
 
 "In a Close Roll, dated 29th of March, 1208, King John writes to 
 the Abbot of Reading to acknowledge that he had received, by the 
 hands of the Sacrist of Reading, six volumes of books, containing 
 the whole of the Old Testament. The receipt is also acknowledged 
 of 'Master Hugh de St. Victorie's Treatise on the Sacrament;' the 
 'Sentences of Peter, the Lombard;' the 'Epistles of St. Augustihe 
 on the city of God, and on the third part of the Psalter ;' ' Valerian 
 de Moribus;' 'Origen's Treatise on the Old Testament;' and ' Candi- 
 dus Arianus to Marius.' The following month the King wrote to the 
 
 ^ 3 Inst., 29. terest of it." Nicholls v. Nicholls, 
 
 64 "And with this agrees 37 H. VI, Plowd. 487; cited in 12 Rep., 30. 
 4, 6;" and 17 and 18 Eliz. "If a ^"K% is agreed in 11 H. IV, 43; 
 
 bridge is reparable by a subject, and it 37 H. VI, 4; i H. VII, 10. And the 
 
 falls to decay, and the King pardons him reason is, although the recognizance' be 
 
 from repairing it, yet this shall not made to the King solely, yet inasmuch 
 
 excuse him, but he shall' repair it not- as this is made for the benefit and safety 
 
 withstanding, because others, viz: all of the subjects of the King, in such case 
 
 the subjects of the realm have an in- it cannot be discharged." 12 Rep., 3&. 
 
CH. XXIX.] 1399 TO 1509. . 899 
 
 same abbot to acknowledge the receipt of his copy of Pliny, which 
 the abbot had in his custody." 
 
 "In 1249, King Henry III orders Edward, the son of Otho, of 
 Westminster, to cause to be purchased certain church service books, 
 and to give them to the constable of Windsor castle, that he might 
 deliver them by his own hand to the officiating chaplains in the new 
 •chapel at Windsor, to be used by them, and they were then to be 
 held responsible to the constable for ' this library/ consisting of eight 
 books. Another Close Roll of the same King, dated 1250, com- 
 mands Brother R. de Sanford, Master of the Knights of the Temple 
 in England, to allow Henry of the Wardrobe, the bearer, to have for 
 the Queen's use, a certain great book, which was in their house at 
 London, written in the French dialect, containing, " The Exploits of 
 Anrochia, and of the Kings and others.""' 
 
 " Henry V, who had a taste for reading, borrowed several books, 
 ■which were claimed by their owners after his death. The Countess 
 of Westmoreland presented a petition to the Privy Council, A. D., 
 1424, representing that the late king had borrowed a book from her, 
 ■containing the 'Chronicles of Jerusalem,' and the 'Expedition of 
 Godfrey of Boulogne'; and praying that an order might be given, 
 under the privy seal, for the restoration of the said book. This 
 order was granted with great formality. About the same time John, 
 the prior of Christ church, Canterbury, presented a similar petition 
 to the Privy Council, setting forth that the king had borrowed from 
 his priory a volume''containing the works of St. Gregory ; that he 
 had never returned it; but that in his testament he had directed it to 
 be restored; notwithstanding which, the prior of Shine, who had the 
 book, refused to give it up. The Council, after mature deliberation, 
 commanded a precept, under the privy seal, to be sent to the Prior 
 of Shine, requiring him to deliver up the book, or to appear before 
 the Council to give the reason of his refusal." 
 
 "The Royal Librarj^-' of France, which had been collected by 
 Charles V, VI and VII, and kept with great care in one of the towers 
 of the Louvre, consisted of about 900 volumes, and was purchased 
 by the Duke of Bedford, A. D., 1425, for 1200 hvres." 
 
 There is quoted "from Comines the fact that Louis XI was obliged 
 to deposit a considerable quantity of plate, and to get one of his 
 nobility to join with him in a bond under a high penalty to return it, 
 before he could procure the loan of one volume, whith may now be 
 purchased for a few shiUings."" 
 
 **" Probably a French translation of a church of Jacques la Boucherie, he left 
 
 Latin heroic poem, entitled ' The War at the same time to William 1' Exa.le, 
 
 of Antioch ; or, the Third Crusade of the church warden of the said church, 
 
 Tiichard I,' written by Joseph of Exeter, the sum of forty sols, to pay the expense 
 
 otherwise called Josephus Iscarius." of having a cage made in which the 
 
 .Penn)> Magazine for 1834, March' I, breviary might be kept." Jd., p. 415. 
 pp. 87, 88. "When a priest named *' Penny Magazine for 1834, March I, 
 
 Henry Beda, in the year 1406, be- pp. 87, 88. 
 queathed his manuscript breviary to the 
 
900 Review of Fifteenth Century [tit. vi 
 
 Admitting these facts, it may be proper to enquire whether of 
 learning and literature, there was in the fifteenth century so great a 
 decline as is supposed by a recent writer.'* Mr. Green says : 
 
 " The erection of colleges (which began in the thirteenth century, 
 but made little progress till the time we have reached,) failed to 
 arrest the quick decline of the universities, both in the numbers and 
 learning of their students. Those at Oxford amounted to only a 
 fifth of the scholars who had attended its lectures a century before, 
 and Oxford Latin became proverbial for a jargon in which the very 
 tradition of grammar had been lost. Literature, which had till now 
 rested mainly in the hands of the clergy, came almost to ah end!' ^ 
 
 Next after the words "all literary production was nearly at an 
 end," was the statement "there is not a single work, for instance, 
 either in Latin or English, which we can refer to the ten years of the 
 reign of Edward the Fourth" '" And on another page was the fur- 
 ther statement, that "'not a single book of any real value, save those 
 of Sir fohn Fortescue and Phillipe de Commines, was produced 
 north of the Alps during the fifteenth century." " The author of the 
 present volume not having seen these statements in Mr. Green's 
 more recent work, supposes they may have been intentionally 
 omitted therein. It is very clear that to the reign of Edw. IV (lasting, 
 as appears in ch. 25, p. 819, et seq., from 1461 to 1483,) may be 
 referred ' Littleton's Tenures,' "^ which Sir Edward Coke regarded as 
 "the ornament of the common law, and the most perfect and abso- 
 lute work that ever was written on any humane science";" and 
 which Lord Campbell has pronounced " a work of higher authority 
 than any other in the laws of England," '* and " the fame of" which (it 
 is observed by Mr. Reeves) " has not been confined to this island : 
 
 " As the Norman lawyers made Glanville a model upon which to 
 
 ^ Green's Short Hist., ch. 6, ^ 3, the reign of King E. IV, but the certain 
 
 p. 306. time we cannot yet attain unto, but (as 
 
 *' Green's Hist, of Engl. Peop., book we conceive) it was not long before his 
 
 5, ch. I, vol. 2, edi. 1879, p. 13. death." Coke's Preface to i Inst. Lyt- 
 
 '"Green's Short Hist., ch. 6, \ 3, telton died August 23, 1481. 
 
 p. 306. '8 Preface to i Inst. » 
 
 "/d., ch. 6, § 4, p. 315. '4 I Lives of Chancellors, ch. 23, 
 
 '*" He compiled this book when he p. 399 of 2d edi. (1846) ; p. 374 of Bos- 
 was judge, after the fourteenth year of ton edi. 1874, 
 
CH. XXIX.] 1399 TO 1509. 901 
 
 form their coushimier and give system to their jurisprudence, a 
 inodern writer of that country has lately composed a comment on 
 Littleton as the best help towards illustrating the -customs and laws 
 of that duchy."" 
 
 There was in the fifteenth century appreciation of books of 'real 
 value.' When Alphonso V, King of Arragon, was asked who were 
 the counsellors he liked the best, and who gave him the most excel- 
 lent advice; he replied, 'my books, because they tell me without 
 passion and without any view of interest what is requisite for me to 
 know.' " This king is reported to have said : " There were only four 
 things in the world worth living for, old wine to drink, old wood to 
 burn, old books to read and old friends to converse with." " 
 
 In 1416, when Alphonso came to the throne of Arragon, and for 
 some years afterwards, books of real value (whether old or new) were 
 very scarce, and brought an exceedingly high price. Yet in those 
 years some books '° of real value were produced north of the Alps. 
 And in less than half a century after 1416, the art of printing with 
 movable type was in operation in Europe." 
 
 After mentioning that in 1435, "as we learn from the records of 
 the city of Strasburg, a lawsuit was carried on there between John 
 Gutenburg, a gentleman of Mentz, celebrated for mechanical inge- 
 nuity, and Drizehn, a burgher of the city, who was his partner in a 
 copying machine," Sir James Mackintosh says, 
 
 " The copying machine was the printing press, which has changed 
 the condition of mankind. The single and very simple operation of 
 Gutenburg's invention in reducing the price ot books, has aug- 
 mented tenfold the mass of reason employed in human pursuits, and 
 multiplied beyond the possibility of calculation, the chances of active 
 genius and wisdom."*" 
 
 As to "the first specimen of the art of printing,'' there is some- 
 times inaccurate language.*^ 
 
 '^ Hist, of Engl. Law, ch. 26, vol. 3, Guide to Knowledge, p. 605 ; Penny 
 
 •edi. 1869, p. 114. Magazine, 1833, p. 422; Id., 1837, 
 
 ^Seward's Anecdotes, vol. 4, p. 37, p. 501. 
 
 "Dr. King's Anecdotes, Lond. edi. *■! Mackintosh's Engl., Phila. edi. 
 
 1818, pp. 3, 4. rep Rep., pp. 37, 38. 1830, p. 314. 
 
 ™7 Harl. Miscel., edi. 1810, p. 105; ^^ Pinnock's Guide to Knowledge, vol. 
 
 10 ^Jd., p. 506, et seq.; I Pinnock's 4 (1836), p. 22. 
 
902 Review of Fifteenth Century [tit. vr 
 
 "This however is certain, that about 1438, Qutenburg made use of 
 movable types of wood. In 1443 he returned from Strasburg" "to 
 Mentz, and in 1450 formed a copartnership with John Faust, or Fust, 
 a rich goldsmith," who "furnished money to establish a press, in 
 which the Latin Bible was first printed."*' 
 
 The year in which "the celebrated Bible was executed by them,' 
 has been mentioned as 1455,*' and recently as 1450." 
 
 After the connection between Faust and Gutenburg was dissolved,. 
 Faust retained the press and used it in company with Peter Schoeffer, 
 of Gernfheim.*" At Washington city, in the library of Congress, 
 there is a volume which is lettered on the back 'dementis V, Con- 
 stitutiones 1467," and appears to have been printed beautifully at 
 Mentz in that year (1467). In latin, near the end of the volume is. 
 the Colophon, whereof the subjoined translation,** by the librarian at 
 Washington, is (in manuscript) prefixed to the volume. 
 
 Mr. Green makes this observation: 
 
 " In the last thirty years of the fifteenth century, ten thousand 
 editions of books and pamphlets are said to have been published 
 throughout Europe, the most important half of them of course in 
 Italy. All the Latin authors were accessible to every student before 
 the century closed. Almost all the more valuable authors of Greece- 
 were published in the twenty years that followed." " 
 
 ^^Encyclop. Am., vol. 6, tit. ' Gutten- berg. 
 
 burg, more properly Gutenburg.' ^e Xranslatioii of the Colophon. 
 
 s^Watkins's Biogr. Diet., edi. 1822, "In the fair city of Mentz, of the 
 
 tit. Guttenberg ; citing Dibdin's Typo- famous German nation, which the favor 
 
 graphical Antiquities. of God has deigned to prefer and dis- 
 
 8* In the United States of America, in tinguish before all other nations of the 
 
 1 88 1, in the Baltimore Sun of April 8, earth, by the revelation and bounteous 
 
 is the following : " The event of the gift of so great an art, the present most 
 
 sale of the Brinley collection of books, renowned work of the Constitutions of 
 
 in New York last night, was the sale of Clement V was thus formed and diligently 
 
 a Guttenberg Bible, printed in 1450, the finished for the glory of God by Peter 
 
 first book printed with moveable type. Schoeffer of Gernsheim, by means of a 
 
 John R. Bartlett, who is buying for the certain skillful invention of printing or 
 
 Carter-Brown library, made the first bid letter-making, without any use of the 
 
 of ^5,000, which was run up in bids of pen, in the year of the incarnation of 
 
 JS500 and JS250 by Brayton Ives and our Lord 1467, on the eighth day of the 
 
 Hamilton Cole, until ^8,000 was bid, at month of October.'' 
 
 which figure it was knocked down to ^'Green's Short Hist., ch. 6, \ 4, 
 
 Mr. Cole." p. 321 ; Hist^ of Engl. Peop., book 5^ 
 
 ^^Encyclop. Am., vol. 6, tit. Gutten- ch. 2,-vol, 2, edi. 1879, p. 82. 
 
CH. XXIX.] 1399 TO 1509. 903 
 
 It is said that the memory of Thomas Bourchier, archbishop of 
 Canterbury and Chancellor of England, "is principally respected for 
 having been an active instrument in introducing the art of printing 
 into tngJand." 
 
 "It is related that, having heard of its invention, he induced King 
 Henry VI, towards the close of his reign, to send an officer of his ward- 
 robe, Robert Turnour, to Haarlem, where John Guttenburg had set up 
 a press, he himself supplying a considerable part of the expense. Tur- 
 nour succeeded in bringing over Frederic CorseUis, one of the* com- 
 positors, with a fount of types, which the archbishop caused to be 
 taken to Oxford, where the first ' press was accordingly, through his 
 means, established in, or soon after, the year 1464.'"* 
 
 WiUiam Caxton had, in the Low Counties, caused to be printed 
 " Recueil des Histoires de Troye;' and was, in 1468, at Bruges, when 
 Margaret, sister of Edward IV, arrived there, and was married to the 
 Duke of Burgundy.^' Caxton mentions his translating it (his De- 
 struction of Troy) out of French into English at her commandment. 
 
 " He says of the two first books, that by her commandment he 
 .began the translation at Bruges, continued it in Ghent, and finished it 
 at Cologne in 147 1 ; and that he was at Cologne when he began the 
 third book for her contemplation." ''' 
 
 The original ' Recueil des Histoires de Troye' may have been the 
 first book ever printed in ^e Fre7ich language.'^ Caxton's transla- 
 tion of it is regarded as the first book printed in English'?'^ 
 
 A list of sixty-four books, printed by Caxton, embraces'' " Chess, 
 Game of, 1474," which is regarded as the first production of the 
 En'glish press. In that year (1474) Caxton (after being abroad for 
 
 ^Foss's Biogr. Jurid. It is so said 4(1836), p. 22; 3 Turner's Engl., edi. 
 
 since 3 Turner's Engl., note 25, on p. 353, 1825, p. 378. The address by John 
 
 of 2d edi. (1825.) Russell (mentioned in ch. 26, I 2, 
 
 ''Allibone's Diet., tit. Caxton; 4 Tur- p. 849,) may have been printed in 1470 
 
 ner's Engl., ch. 3, edi. 1825, p. 118, at Bruges or Rouen in Latin. Foss's 
 
 (note.) Biogr. Jurid. It does not appear to 
 
 ^ Id, have been printed there in English. 
 
 '1 Penny Magazine for 1841, Jan., '^ (^.s (o Troy) ' Recueil des Histoires' 
 
 pp. 2, 3. (without date), and 'Histories of 1471. 
 
 'Tinnock's Guide to Knowledge, vol. Allibone's Diet., tit. Caxton. 
 
904 Review of Fifteenth Century [tit. vi 
 
 30 years) is supposed to have returned to Eng^land, and to have been 
 printing in Westminster Abbey by the abbot's permission." 
 
 Among those mentioned, as encouraging Caxton's press, were John 
 Tiptoft, earl of Worcester ;°* that accomplished man," Lord Rivers, 
 brother of the Queen of Edw. IV; Edward himself,"' and his brother 
 Richard.'* In a voyage in 1473, Rivers amused himself with 'the 
 Dictes or Sayenges of Philosophers ;'' his translation was printed by 
 Caxton four years afterwards. This is mentioned as " the first book 
 from his press with the year and place subjoined." " 
 
 The before mentioned list of 64 books embraces 28 without date,™ 
 one of which is Lyndewood. The 'qu' opposite his name is an- 
 swered by what appears in ch. 24, § 10, p. 787 ; in Reeves's Hist, of 
 Engl. Law;'" and in this section. 
 
 In the first of Tanger's five volumes of " Annales Typographici ab 
 artis inventce origine ad annum M. D." is mention under the cap- 
 tion ' Londini,' of one book in each of the years 1480, 1481, and 
 1493; of two in 1494; three in 1496; four in 1497; three in 1498; 
 and four in 1499. One of the three in 1496 is — 
 
 " Constitidiones provinciales ecclesie Anglicane per D Wilhelmtim 
 Lyndewode utriusque juris doctorent edite I^ondini per Richardum 
 Pynson i^gd-S." 
 
 And one of the four in 1499 is — 
 
 " Abridgment of the statutes. In fine : Abbrcvimc7itu7n stahitorum 
 
 ^^Id.; I Granger's Biogr. Hist, p. 66, p. 221, note, 
 
 edi. 1779; 3 Turner's Engl., edi. 1825, "Green's Hist, of Engl. Peop., books, 
 
 pp. 352, 353; Penny Magazine for 1841, ch. I, vol. 2, p. 52. 
 
 Jan., pp. 2, 3. »« /fl"., p. 59. 
 
 '» Mr. Green says :" He had wandered "(Ames, typ., 1 Dibdin, 104,) 'im- 
 
 during the reign of Henry the Sixth in printed by W. Caxton at West. 1477.' 
 
 search of learning to Italy; had studied 3 Turner's Engl., edi. 1825, p. 375, note 
 
 at her universities, and become a teacher II. 
 
 of Padua, where the elegance of his ^"o Of those with a date, there is I in 
 
 Latinity drew tears from the most learned 1475,1 in 1477, I in 1478,3 in 1480, 
 
 of the Popes, Pius the Second, better 4 in 1481, l in 1482, 5 in 1483^ 4 in 
 
 known as ^Eneas Sylvius." Hist, of 1484, 3 in 1485, 2 in 1487, 2 in 1489, 
 
 Engl. Peop., IJook 5, ch. I, vol. 2, edi. and 2 in 1499. Caxton died in 1492. 
 
 1879, pp. 58, 59. i^'Ch. 26, edi. 1869, vol. 3, p. 115 
 
 363 Stubbs's Const. Hist., ch. 18, to 118. 
 
CH. xxix.] 1399 TO 1509. 905 
 
 impressum per Richardum Pynson et totaliter finitum nono die meiisis 
 Octobris amio domini 14.99. 
 
 Sine nota anni, 
 are No. 20 to 31; Nos. 20 and 21 being 'Lyttleton's tenures;' No. 22, 
 'Vieux Abrigement des Statutis;' Nos. 28 and 29 'Nova Statuta', 
 and No. 30 'Stratham's Abridgment.' 
 
 Nicholas Statham was elected reader of Lincoln's Inn in Lent 147 1, 
 II Edward IV (Dugdale's Orig. 249), and received on October 30, 
 1467, a patent for the grant of the office of second baron of the Ex- 
 chequer in reversion on the death or surrender of John Gierke. ""' 
 
 No. 30 was by him. It is mentioned in the catalogue of Lincoln's 
 Inn library ;"' and by Mr. Marvin'" and Mr. Foss. The latter says : 
 
 "Although he never once is mentioned in the Year Books, an 
 abridgment of the cases reported in them to the end of the reign of 
 Henry VI, being the first attempt at a work of that nature, goes 
 under his name." "° 
 
 At Washington city, in the Library of Congress, is a copy which 
 has been supposed to have been executed by William Le Tailleur at 
 Rouen for R. Pynson. In the State of Pennsylvania, in the Ridge- 
 way branch of the Philadelphia library, is a copy on which is writ- 
 ten, "printed by Richard Pynson (1503)."'" 
 
 At Washington city, in the Library of Congress, there is a copy of 
 Lyndewoode, not of the edition printed at Paris in 1505, but of that 
 at Antwerp in 1525. As mentioned in ch. 24, § 10, p. 787, Parliament 
 was opened in 9 H. VI by William Linwood, Doctor of the La'w, 
 Lord Coke, in 13 Rep. 46, mentions him as of "profound knowl- 
 edge in the canon and civil law;" and in another volume says: 
 
 " Linwood, who was Dean of the Arches, and wrote anno dam. 
 1422, in the reign of King H. VI, /id. 3, tit. De Testamentis, fo. 124, i, 
 
 '°^ Foss's Biogr. Jurid. Mr. Foss says : appointed second baron on Feb. 3, 148 1, 
 
 "As the date of John Gierke's death is 20 Edw. VI." 
 
 not known, and as Statham's name is ^"^ As ' Abridgment del Ley.' 
 
 never mentioned afterwards, it is uncer- '"'As " Abridgment des livres annates 
 
 tain whether he ever filled the office. et reportes cases en le ley de Angieterre.' 
 
 AH we know is, that either on his, or on ^"^ Biogr. Jurid. 
 
 Gierke's death, Thomas Whittington was '<*Gift of Henry J. Williams, Esq. 
 
906 Review of Fifteenth Century [tit. vr 
 
 confesses that probate of wills belongs to the ordinaries de consue- 
 tudine AnglicB et non de comviuni jure, and that in other realms the 
 ordinaries had it not; and in another place he affirrrjs the power of 
 the bishop in probate of wills, per consensum regis et suorum 
 i)rocerum ab aniiquo."^''^ 
 
 "It is held in 2 R. Ill, Testament IV, that it is but of late years 
 that the church had the probate of wills in this land, until it was by an 
 act, &c. ; for lay people have probate of wills in all other places except 
 England ; and in many places in England the lords of manors have 
 probate of wills at this day in their temporal courts. And Treniai[ 
 there said that he is steward in his country, and the free tenants and 
 bondmen prove their wills before him in the court baron; and so it 
 has been used from time whereof, &c. ; and therewith agreed, Fineux 
 and all the Justices in 11 H. VII, \2b, that the probate of testaments 
 belonged not to the spiritual court, but of late, &c. ; and they, have it 
 not by the spiritual law."'"* 
 
 For the jurisdiction of the Ecclesiastical courts, the officers thereof,, 
 and the methods of proceeding therein, there may be reference to the 
 Proctor's Practice."' 
 
 7. The Roman Law furnished principles proper to be considered in 
 
 Chancery. 
 
 Of the Roman law, besides what is said in ch. i, § 11, p. 28 to 31^ 
 and ch. xxi, §§ 5 and 6, pp. 723, 724, there may be seen in a work of 
 extensive circulation, the following observation: 
 
 " When principles of decision came to be acted upon and estab- 
 lished in chancery, the Roman law, furnished abundant principles to 
 erect a superstructure, at once solid, convenient and lofty, adapted to 
 human wants and enriched by all the aids of human wisdom, expe- 
 riance and learning.'"'" 
 
 -5. Of the Royal Council. How far its action in judicial proceed- 
 ings was restricted. Whether in Chanceiy there could be juris- 
 diction in matters cognizable at the common law. Meaning of 
 the mle 'Nullus recedat a cancellaria sine remedio. 
 
 The royal council " has been seen, from the minority of Henry III 
 
 ^•"9 Rep., pp. 37, 38. See also ™Edi. 1816. An Ecclesiastical court 
 
 2 Roll's Abr., pp. 217, 218, tit. Pre- has its Register; sometimes but one 
 
 rogative le Roy, (M) and (N.) Register; sometimes more. Id., p. 4 to 
 
 •"' So stated in Hensloe's case, 9 Rep., p. 26. 
 
 37 b. Other cases are in 2 Br. Abr., fol. ""i Story's Eq., ch. I, ^ 23, p. 17 of 
 
 256, tit. ' Testament &= Votunt.' 12th edi. 1877. 
 
CH. xxix.J 1399 TO 1509. 90T 
 
 onwards, constantly increasing^ its power and muliiplying its func- 
 tions; retiring into the back ground under strong kings, coming 
 prominently forward when the sovereign was weak, unpopular or a 
 child. At last, under the . nominal rule of Richard II, but really 
 under the influence of the men who led the gi,'eat parties in the parlia- 
 ment and in the country, it has become a power, rather co-ordinate 
 with the king than subordinate to him, joining with him in all busi- 
 ness of the state, and not merely assisting but restricting his action. 
 And, as the council has multiplied its functions and increased its pow- 
 ers, the parliament has endeavoured to increase the national hold 
 over the council by insisting that the. king should nominate its mem- 
 bers in parhanient, and by more than once taking the nomination of 
 the consultative body out of his hands, superseding for a time by 
 commissions of reform both the royal council and the royal power 
 itself"" 
 
 The function of thei council " was to counsel and assist the king in, 
 the execution of every power of the crown which was not exercised 
 through the machinery of the common law. It was '' only " in the 
 matter of judicial proceedings," at law, " that their action was re- 
 stricted; and as the king had long ceased to act as judg« in person 
 in the courts, his council had no place there. The petitions against 
 their assumption of jurisdiction in matters cognizable at common 
 law, which had been frequent under Richard II"' did not wholly 
 cease under his successor.""" 
 
 After the statute of 15 Hen. VI, c. 4, the provision whereof is stated 
 in ch. 24, § 14, p. 791 ; and that of 3: and 32 Hen. VI, ch. 2, mentioned 
 in same chapter, § 22, p. 805, to-wit: in 18 Edw. IV, Morton, Master 
 of the Rolls, acted upon the principle that one is not bound to 
 answer in the chancery for matter determinable at the common law."* 
 In 21 Edw. IV was the case wherein Fairfax, J., intimated that a 
 subpcena in chancery was too often resorted to for a matter for which 
 an action on the case would lie."^ 
 
 ^"3 Stubbs, pp. 247, 248. "The and ordained to be of the king's con- 
 
 coiancil of the Lancastrian kings is the tinual council, they seem to have caught 
 
 real, though perhaps not strictly the his- the spirit and anticipated the language 
 
 torical germ of the cabinet ministries of of a much later period." Id., p. 248. 
 modern times. When, in 1406, the '^3 Stubbs, 606; 3 /i^., 252. 
 
 House of Commons told the king that "'/a?., p. 252. 
 
 they were induced to make their grants, "* 18 E. IV, 13, is in Gary's Rep., 21. 
 
 not only by the fear of God and love for "' 21 E. IV, 23, is in l Br. Abr., tit. 
 
 the king, but by the great confidence Conscience and Suipxna, fo. i6;j, pi. 21 ; 
 
 which they had in the lords then chosen, History of Chancery, edi. 1726, p. 49. 
 
908 Review of Fifteenth Century [tit. vi 
 
 The rule nullus recedat a cancellaria sine remedio is meant only of 
 original writs."' 
 
 g. Of cases wherein the council might advise the King or hear peti- 
 tions addressed to him. They were referred sometimes to the 
 chancellor to act by advice of justices ; sometimes to him alone. 
 
 " Beyond the region of the common law the council retained the 
 right of advising the king in knotty cases and appeals, in which the 
 opinion of the judges was likewise asked.""' 
 
 "The office of the council in hearing petitions addressed to the 
 king continues during the period before us much the same as it had 
 been under Edward III and Richard II; the chamberlain being the 
 officer to whose care such documents were intrusted.""" 
 
 The proceedings of parliament show that authority was given to 
 the chancellor in some cases to act by advice of justices, in other 
 cases to act alone. Of the former kind is a case in 3 Hen. .V,"* 
 mentioned in ch. 23, § 4, p. 767 ; of the latter is a case in 6 Hen. VI,'™ 
 mentioned in ch. 24, § 8, p. 784, and a case in 9 Hen. VI, wherein 
 
 " Authority is given to the Chancellor of England to end the suit 
 between Lewin le Clarke, burgess of Gaunt and William Brampton, 
 of Chestervile in Derby touching a bargain of wool." ''\ 
 
 10. The - Chancery a fundamental court; in what sense it has been 
 time out of the memory of man. Of its two courts one ordinary, 
 the other extraordinary, secundum csquum et bonum. When 
 the chancellor began to hold a ' court of equity' 
 
 "In anno 10 Ed. IV, fol. 53, all the judges of England did affirm 
 that the chancery, King's Bench, Common Pleas and Exchequer, be 
 all the King's courts, and have been time out of memory of man, so 
 as no man knoweth which of them is the most ancient." "" 
 
 In what sense \h^ chancery had then been 'time out of memory 
 
 ^"^^ Cook V. Fountain, 3 Swanst, 601, p. 253. 
 
 and note. Of cases in 4 H. VII, and "^^ Stubbs, 254; Green's Short Hist., 
 
 7 H. VII, there is a notice in Fitzh. ch. 4, \ 2, pp. 192, 193, and ch. 6, § 3, 
 
 Abr. under tit. Subpmna ; of 4 H. VII, 4, p. 314. 
 
 7 H. VII, n, and 10 H. VII, 4, there is "»In Cotton's Abr., p. 548, No. 49. 
 
 a statement in Roll's Abr. under tit. ™Id., p. 588, No. 15. 
 
 Conscience and Suhpcena, fo. 162, 163, ^''/rf., p. 599, No. 20. 
 
 of vol. I, edi. 1576. >^ Preface to 8 Rep., xv; 4 Inst., 79. 
 
 m 
 
 3 Stubbs's Const. Hist., ch. 18, 
 
CH. XXIX.] 1399 TO 1509. 909 
 
 of man' may be gathered from what has been said under the pre- 
 ceding titles : " In pleading of anything done in chancery, you do not 
 begin your plea with a prescription as in" " inferior pretended courts, 
 but you plead a thing done in the court of chancery as you do all 
 things done in the courts of common pleas or king's bench ; whereof 
 the reason is, that they are fundamental courts, as ancient as the king- 
 dom itself, and known to the law." '■" 
 
 In the parliament of 14 E. IV the chancellor is called the Chief 
 Judge within the realm. ''* 
 
 " In the chancery are two courts, one ordinary coram domino rege 
 in cancellarics, wherein the lord chancellor or lord keeper of the great 
 seal proceeds according to the right line of the laws and statutes of 
 the realm, secundum, legem et consuetudinem Aug lies; the other 
 extraordinary, according to the rule of equity, secundum csquum et 
 bonum."^'^ 
 
 Of the former court Lord Coke treats first. Without repeating 
 what is said as to that branch of jurisdiction,"" it is proposed now to . 
 speak "of the extraordinary proceeding according to the rule of 
 equity, secundum izguum. et bonum." "' 
 
 There was a time when " the chancellor had no court of equity, but 
 only a court of record of ordinary jurisdiction, according to the course 
 of the common law.'"^ Of 'Diversity des Courtes' (c^ de Courtz), 
 which is mentioned in ch. 17, § 10, p. 466, and to which Mr. Reeves 
 refers on one page as written in the 21st year of Henry the Eighth,"' 
 and on another zs, published in 1525,™ Lord Coke says : 
 
 " It treateth of the jurisdiction of the chancellor according to his 
 ordinary power, but nothing of that which he holdeth in causes of 
 equity.""' 
 
 We must then, from other sources, try to learn when the chancel- 
 
 '»'I7 Jac. I, Martin \. Marshal, &'c., i'»4 Inst., 79 to 82; Green's Short 
 
 Hob. 63 a, 2 RoUe 109 (cited in 6 Rob. Hist., ch. 4, \ 2, pp. 192, 193, ch. 5, J 3, 
 
 Pract., ch. 62, ^ 4, p. 669) ; Eyres, J., in p. 314. 
 
 4 W. &tM., in Howard y. Tremaine, "'4 Inst., 82. "S/^.^^jj. 
 
 I Show., 364. "" Hist, of Engl. Law, ch. 30, edi. 
 
 "* Rot. Pari., No. 26 ; cited in i Roll's 1869, vol. 3, p, 401. 
 
 Abr., tit. Chancellor, p. 386, pi. 12. ^^ Id., p. 433. 
 
 "'4 Inst,, 79. "'2 Inst., 552. 
 
■910 Review of Fifteenth Century [tit. vi 
 
 lor began to exercise jurisdiction in causes of equity — when he began 
 to hold a court of equity ' ? 
 
 There is mention in ch. 21, § 9, p. 735, of Lambard's Archainomia ; 
 and in 2 Inst., 552, of " Master Lambert that was a master of the 
 Chancery, and had the keeping of the records of the Tower, and had 
 abridged many of the principal of them (which'" Lord Coke had 
 "seen) and was well learned, and besides a great searcher of antiqui- 
 ties." Lord Coke states that Master Lambert, " in his treatise of the 
 jurisdiction of courts saith, that he could not find that the chancellor 
 held any court of equity, nor that any causes were drawn before the 
 chancellor for help in equity before the time of Hen. IV.""'' Refer- 
 ring to this, Dr. Wooddesson says : 
 
 " Lambard tells us he does not remember that in our reports of 
 common law there is any mention of causes before the chancellor, for 
 help in equity, but only from the time of King Henry IV. Lamb. 
 Arch., 73. But this is very different from saying as he is made to 
 do, 2 Inst, 552, that he could not find that the chancellor held any 
 -court of equity before that time."''' 
 
 Cases in 2, 7, 8, 9 and 11 Hen. IV, are cited under title Petition in 
 Fitzherbert's Abr."* As to a court of equity, Lord Coke says, 
 
 " It is thought that this court of equity began under Henry Beau- 
 Jord (son of John of Gaunt), that great bishop of Winchester, after- 
 wards cardinal, in the reign of Hen. V, and in the beginning of 
 H. VI, and increased yN\x\\& John Kemp, bishop of York and cardinal, 
 was lord chancellor, in the 28th year of H. VI."'"* 
 
 In the reign of Hen. V the bills began to be in English ; the pro- 
 ceedings afterwards became distinguished as by 'English bill.'™ 
 
 "2 In his volume, with a preface dated ^'^ I Wood. Lect., p. 177 of ist, p. 105 
 
 from Lincoln's Inn the "22d of Oc- of 2dedi. (1834.) 
 
 tober, 1591," Lambard says: "I do not ^'*Of which there seems to have been 
 
 remember that in our reports of common editions in 1514 and 1516; a time of 
 
 law there is any frequent mention of publication earlier than that mentioned 
 
 ■causes usually drawn before the chancel- on p. xxx of Preface to 10 Rep. As to 
 
 lor for help in equity, but only from 13 Hen. IV, there may be reference to 
 
 the time of King Henry the Fourth." Cotton's Abr., pp. 479, 480, tit. 16. 
 
 Archein., London, 1635, p. 67 of edition ''^2 Inst., 553, 4 Id., 83. 
 
 for Henry Seile; p. 75 of edi. for Daniel ''^ i Spence's Eq., 348, and note (ir.) 
 Frere. 
 
CH. xxix.J 1399 TO 1509. 911 
 
 Some cases in the reign of Hen. V and Hen. VI are mentioned in 
 Fitzherbert's Abr."' Other cases in which chancery jurisdiction was 
 exercised in the reign of Henry the Sixth are mentioned in Br. Abr., 
 under the title 'Conscience and subpoenal ^^ But Mr. Samuel Bur- 
 rough thinks "'ahho' the chancellor is supposed to be settled in West- 
 minster Hall m this reign, yet he had no settled business in his court 
 as a court of equity."'^" 
 
 There was progress in the reign of Edw. IV. 
 
 2 Edw. IV, 2. " If an obligation be made to B. to the use of C, 
 now B. shall be compelled here," in chancery, "to sue upon that obli- 
 gation.'"" 
 
 After this and other cases mentioned below,"' to-wit: in June 1467, 
 Edward the Fourth "(as stated in ch. 25, § 6, p. 829) willed and com- 
 manded "that all manner of matters to be examined and discussed 
 in his court of chancery, should be directed and determined accord- 
 ing to equity and good conscience^ "^ Below are cases in 7, 8 and 
 9 Edw. IV."' In the latter year is the case mentioned in ch. 25, in 
 the commencement of sect. 5, p. 826. Short cases in the ancient 
 abridgments '" support the observation of Sir William Blackstone, 
 that " in Edward IV's time, the process by bill and subpcena was be- 
 
 "' Under title Petition, in 7 Hen. V, i*' In Fitzh. Abr., under tit. Subpcena ; 
 
 one case ; and, in Hen. VI, a. case in the and under tit. Byll. In Br. Abr., under 
 
 loth, and another in the 34th year ; tit. ' Conscience and Subpoena and In- 
 
 under title Subpcena, casts, in 31, 32, 35 junctions,' pi. 13, 7 E. IV, 14; pi. 27, 
 
 and 37 years; and under tit. ^j?/ cases, 7 E. IV, 29; pi. 14, 8 E. IV, 4; pi. 15, 
 
 in 7 H. VI, 22 H. VI, 31 H. VI, and E. IV, 5 ; pi. 2, 9 E. IV, 2; pi. 26,9 E. 
 
 37H. VI. IV, 15; pi. 3, 9 E. IV, 41. 
 
 ''^Fol. 162, of vol. I, edi. 1576: i^There are in Fitzherbert's Abridg- 
 
 Pl. 4, 37 H. VI, 13; pi. 5,37 H. VI, 36; ment, under tit. Subpcena cases in 11, 14, 
 
 pi. 6, 39 H. VI, 26. and 22 Edw. IV ; under title Petition, 
 
 ™Hist. of Chancery, edi. 1726, p. 49. 22 Edw. IV; and under tit. ByU cases 
 
 '*" Gary's Rep., p. 20. in II Edw. IV. 
 
 ^^^ In Fitz. Abr., under tit. ' Subpoina' In Brooke's Abridgment, under title 
 
 cases, in 4 and 5 Edw. IV. In Br. Abr., " Conscience and Subpcena and Injunc- 
 
 undertit. ' Conscience aud Subpcena and tions," there are pi. 17, 11 E. IV, 8; 
 
 Injunctions,' pi. 9, 2 E. IV, 2; pi. 10, pi. 18, 16 E. IV, 4; pi. 19 and pi. 20, 
 
 4E. IV,37; pi. ii,sE. IV, 7; pi. 12, 16 E. IV, 9; pi. 28, 18 E. IV, ii; 
 
 6 E. IV, 10. pl- 21, 21 E. IV, 23 ; pi. 22, 21 E. IV, 78 ; 
 
 i« Legal Judic. in Ch., edi. 1727, ch. 2, pl. 23, 22 E. IV, 6 ; pl. 16, 22 E. IV, 37. 
 p. 37, and ch. 4, p. 137. 
 
912 Review of Fifteenth Century [tit. vi 
 
 come the daily practice of the court."'** The advances which in 
 this reign were '' made by the court of equity " are alluded to in 
 Reeves' Hist, of Eng. Law.'" 
 
 In the short reign of Edward V there is an instance of the Lord 
 Chancellor Russell exercising judicial functions in chancery: {besides 
 the Master of the Rolls'), he called to his assistance two justices, 
 Choke and Catesby,^" in a case heard before him about June 22, 
 1483.'" In the reign of Hen. VII "the chancellor continued in the 
 exercise of that equitable jurisdiction which had been gradually 
 assumed by his predecessors.""' 
 
 II. Ordinances of Chancery (made in 12 Ric. If) amended in time 
 of Hen. V, and renewed with additions and reform,ations. Of 
 the Master of the Rolls ; eleven other Masters ; and the Register. 
 
 "The ancient ordinances of the court of chancery" made' in 12 
 Ric. W^ were "amended in the time of Hen. V." 
 
 After this, there was a renewal of them with additions and reforma- 
 tions. The title of the last is Renovatio ordinum CancellaricE cum 
 novis additionibus and reformationibus eorundetn." '*' 
 
 This "renovacio ordinum" provides — 
 
 1 . That there shall be " duodecim magistri cancellaricz sicut olim 
 ordinarii. "^ 
 
 2. " Quod custos roiulorum sit unus et primus eorundem duodecim. 
 
 3. " Quod tres preceptores sive duo saltem eorem ex duodecim 
 ordinariis et tertius ab extraordinariis, ad voluntatem,, &c.'^ 
 
 II, 13, 14, 15, are as to two registers. 
 
 "^ 3 Bl. Com. 53 ; I Spence's Eq., 349. of Chancellors, ch. 26, p. 431 of 2d edi. 
 
 ""Vol. 3, ch. 24, edi. 1869, p. 25 to (1826), p. 401 of Boston edi. 1874. See 
 
 29, and notes. also ch. 28, \ 7, ante, p. 870. 
 
 "' John Choke and Jfhn Catesbyv/ece '* Mentioned in ch. 21, § 12, p. 741. 
 
 justices of the Common Pleas. Foss's '^'Legal Judic. in Ch., edi. I727,p.77; 
 
 Biogr. Jurid. Orders in chancery by Sanders, pp. 1^2, 
 
 148 Year Book, fo. 6 b; cited in Id., note ^. 
 
 p. 574, tit. Russell, John. 152 As to olim (formerly;, see ch. 21, 
 
 i« Reeves's Hist, of Engl. Law, ch. 27, \ 7, pp. 727, 728. 
 
 p. 183 to 185. i-RoU. Abr., tit. Con- '^ In Fleta's time all the twelve mas- 
 
 science and Subpcena and Injunctions, ters were preceptors. Legal Judic. in 
 
 fol. 162 to 164, pi. 7, 29. Y. B. 4 H. Ch., edi. 1727, p. 78. 
 VII, 4 b, is cited in 1 Campbell's Lives 
 
CH. XXIX.] 1399 TO 1509. 913 
 
 16. " Quod cuslos rotulorum vel tmus ex preceptoribus prcedictis si 
 adsint vet unus de duodecim ordinariis magistris presentes in curia 
 poterint ad peticionetn co7isiliariorum vel partis seu ejus attornati 
 altera paite vel ejus altornato presenile eciam in absencia domini 
 cancellarii cansas dirigere et in ordinem disponere (videlicet) assig- 
 nare terminos ad respondendum replicandum, rejungendum testes 
 producendum eorumque dicta piiblicandum dies ad causas audiendum 
 et cetera brevia faciendum ; preterquani quod gracias pro perempto- 
 rium lapSJi non concedant nee sentenciani definitivam, ferant nam 
 hec specialiter domino cancellario seu ctistodi magni sigilli reserven- 
 iur."-"* 
 
 In hearing causes the chancellor has been assisted not only by 
 justices but by those who were not judges. In 14 Edw. IV he gave 
 his opinion by advice of the King's serjeants.'*° 
 
 " 15 H. VII, 14. In the Exchequer Chamber, before all the Jus- 
 tices and Sergeants there assembled, the Chancellor of England 
 demanded their advice in a matter and rehearsed the case, &c." ''^ 
 
 The Master of the Rolls has betn mentioned as one of those whom 
 the chancellor called to his assistance. At an early period his office 
 was viewed as in its nature ministerial. The instance in ch. 28, § 14, 
 p. 882, of a grant of the mastership of the Rolls to two persons and 
 the survivor of them was used by way of argument to shew that the 
 office is not in its nature judicial, but ministerial.'" 
 
 In 9 E. IV, 5,'^ it is said " that in the chancery the darks are of 
 three forms, viz: the masters of the first."'"' — " Clerici de prima 
 forma, they are named 9 E. IV, 6.""°— "The King ever calleth them 
 clericos nostras, and sometimes with a double noster, as clericos nos- 
 tras cancellaricB nostra"^^ 
 
 '^'/<^., pp. 78, 79; Langdell's Sum- 1™ " And in the patent of John Kinge- 
 
 mary of Eq, PI., note 1, p. xxix of In- ton, 2 H. IV, and likewise in Grene- 
 
 troduction. Cambridge, 1877. hurst's patent, 12 H. IV, and in many 
 
 '55 M. 14, E. IV, 4, Fitzh. Abr., tit. other places; as Henricus Haydook is 
 
 Subpcena, 15 ; cited in Legal Judic. in called unus duodecim clericorum de 
 
 Ch., edi. 1727, ch. 5, p. 217. prima forma, 27 E. Ill; the which 
 
 1^15 H. VII, 14; cited in ch. 5, phrase of prima, secunda and tertia 
 
 pp. 216, 217, of Legal Judic. in Ch., forma is not newly devised by our Eng- 
 
 edi. 1727. lish Latinists, but often used in both the 
 
 '5' /a?., ch. 4, p. 107 to 109. codes of Justinian and Theodosius." 
 
 ^56 In the argument of Bagot's assize. Hargrave's Law Tracts, p. 296; from 
 
 '53 Hargrave's Law Tracts, p. 293 ; tract mentioned further in ch. 34, \ 5, 
 
 from tract mentioned further in ch. 34, § 5. '^' Id., p. 297. 
 
 58 
 
914 Review of Fifteenth Century [tit. vi 
 
 In " orders of the time of Henry V '"' it is made the dut)' of the 
 registrars to write all the acts of the court, placing the names of the 
 parties and of their attorneys at the head of all acts, as is done in the 
 ecclesiastical courts."" They are directed also to enter the dates when 
 all pleadings are exhibited and placed on file." They are styled 
 ' notari sive tabelliones, and all the terms which are applied to them 
 accord entirely with the ecclesiastical practice."'" 
 
 12. Jurisdiction of chancery as to uses and trusts. 
 
 What has been observed (in chapter 21, § 13, p 742) of uses and 
 trusts in the reigns of Edw. Ill and Ric. II may now be further illus- 
 trated. Sir William Blackstone says : 
 
 " T{ie idea being once introduced, however fraudulently, it after- 
 wards continued to be often innocently, and sometimes very laudably, 
 applied to a number of civil purposes; particularly as it removed the 
 restraint of alienations by will, and permitted the owner of lands in 
 his lifetime to make various designations of their profits, as prudence 
 or justice or family convenience might from time to time require. 
 Till, at length, during our long wars in France, and the subsequent 
 civil commotions between the houses of York and Lancaster, uses 
 grew almost universal." "^ 
 
 Lord Coke speaks of " Hen. IV, in whose days, by reason of the 
 intestine troubles, feoffments to uses did first begin, as some think, or 
 else did first grow common and familiar, as all men must agree." '^ 
 The case in 9 Hen. V of William, lord of Qinton of Say, (mentioned 
 in ch. xxiii, § 9, p. 772,) is cited by Lord Campbell from R. P. 9."' 
 
 "The intent of the parties was the direction of the uses;'' they 
 were only determinable, and to be adjudged by the chancellor, who 
 is judge of equity, and that in chancery which is a court of con- 
 
 31 Hen. VI. "A man being cestui que use, and having an only 
 
 1^^ Sanders's orders in chancery, 7 (T. "^2 Inst., 252. " Contingent estates 
 
 1^ Compare Floyer, 143-172. in remainder may be limited in posses- 
 
 i^Langdell's Summary of Eq. PI., sion, a fortiori in use." Wray,C J., 
 
 note I, on p. xxix of Introduction. As in 18 Eliz., Manning and Andrews. 
 
 to "proceedings in the ecclesiastical i Leon. 259, 260; citing Plesingion's 
 
 court" there may be reference to Reeves's case, 6 R. II, and 4 E. VI, Colthurst's 
 
 Hist, of Engl. Law, ch. 25, vol. 3, edi. case. 
 
 1869, p. 48, et seq. '*' In Lives of the Chancellors, in note 
 
 1*5 2 Bl. Com., 329. on pp. 8, 9. 1^ i Rep., 100. 
 
-CH. XXIX.] 1399 TO 1509. 915 
 
 •daughter, declared his intent and meaning to the feoffees that after 
 his decease his daughter should have his land. And therefore a 
 question arose in chancery whether he might revoke this limitation of 
 the use made to his daughter; and, in arguing this case, Fortescue held 
 ^^■aX.Ki cestui que use hath issue a daughter, and, being such, declares 
 his intent to his feoffee, that his daughter shall have his land after his 
 decease; and after he recovers his health, and hath issue a son, now 
 he said it is good conscience that the son should have the subpoena, 
 for he is his heir.""' 
 
 " If I give money to one to purchase lands therewith to him and his 
 heirs, and to permit me to take the profits thereof during my life, 
 and he withholdeth the profits, he shall be compelled by subpoena" ^'''^ 
 
 In 34 H. VI, in a case in chancery, it was resolved by all the 
 judges of England 
 
 " That where the feoffees to use took the profits of the lands and 
 received the rents, and made their executors, and died leaving assets 
 to satisfy all debts over and above the said rents and profits, that the 
 executors should be charged to satisfy cestui que use for the said 
 -rents and profits.'"" 
 
 The following rulings in 5 Edw. IV must have been in the time 
 that George Nevill was chancellor. 
 
 " As concerning confidence secretly knit to estates, it hath mani- 
 fold considerations : first, if my feoffee, upon confidence, do infeoff 
 another bona fide, that knowetli not of the confidence, I am without 
 remedy." (Fitzherbert Subp. 19.'* " But if the second feoffee have 
 notice of the use he shall be compelled here to perform it. 5 Edw. 
 IV, 7." '" 
 
 " If cestui que use be attainted of felony, the lord shall not be 
 ^ided by subpoena to have his escheat ; and if the heir be barred by 
 the corruption of his blood, then the feoffee, as it seemeth, shall 
 retain the land to his own use. 5 Edw. IV, 7." "' 
 
 " When the use is to the feoffee and his heirs, without any other 
 intent, there cestui que use may declare his will thereof, and may vary 
 at his pleasure ; but if it be to any intent certain as to take back an 
 
 I'' Fitz. Abr., tit. Subpcena, 23 ; Sta- 1™ Gary's Rep., 14 ; citing Crompton, 
 
 tham Conscience, l ; Perk. Conv., \ 481, fol. 48 b. 
 
 p. 92, edi. 1827. Lord Coke notes " the "^Sir Thomas Egerton, Master of the 
 
 reason of " Fortescue, because he is his Rolls in 37 and 38 Eliz., had seen the 
 
 heir;" and observes, "There Fortescue case. 4 Inst., 87. 
 
 said that conscientia dicitur a con et scio "2 Cory's Rep., 13. 
 
 quasi simul scire cum Deo ; that is to us FeoiTments of use, Brooke, 34 ; 
 
 say, the will of God as near as reason cited in Gary's Rep , pp. 14, 15. 
 wills." I Rep., 100. 
 
916 Review of Fifteenth Century [tit. vi 
 
 estate tail, or with remainders to otliers, then he cannot change it for 
 the interest that is in others. 5 Edw. IV, 8 a.""* 
 
 " A man was enfeoffed to the use of a woman sole, which taketh an 
 husband ; they both for money sell to B. the land which payeth it to 
 the wife ; and she and her husband do pray the feoffee to make estate 
 to B. Afterwards her husband dieth. Now, by the chancellor and 
 all the justices, she shall have aid against the first feoffee by subpoena 
 to satisfy her for the land ; and if the second feoffee were conusant, a 
 subpoena shall be against him for the land ; for all that the wife did, 
 during the coverture (as they said), shall be taken to be done for fear 
 of the husband. 7 Edward IV, 14." "° 
 
 It was remarked by Lord Bacon"^ and repeated by Lord Mans- 
 field"'' that before the time of Edward IV there are not six cases to 
 be found relating to the doctrine of uses. But it is observed that in 
 or about the reign of Edw. IV, the courts of equity began to reduce 
 uses to something of a regular system."* 
 
 Although in 7 H. VI the ruling had been as stated below,"' yet in 
 5 Edw. IV, where one 'seized of lands on the part of the mother,' 
 ' makes a feoffment in fee to the use of him and his heirs,' it was 
 agreed that "forasmuch as the land and living move from the 
 part of the mother, therefore in equity the use, which is nothing but 
 a trust and confidence, should go also to the heir on the part of the 
 mother." ''» 
 
 After stating the first case in 5 E. IV, 7, as in this section, on p. 
 915, Sir George Gary says: 
 
 "So if my feoffee die and the land descend to his heir, I have no 
 
 "* Gary's Rep., 15. should go to the heir on the part of the 
 
 "5 Subpoena, Fitzherbert 6, is cited in father." 7 H. VI, fol. 4 3; cited in 
 
 Gary's Rep., pp. 18, 19. This decision Shelley's case, i Rep., 100. 
 
 if made after June, 1467, and before 1^5 Edw. IV, fol. T b; cited va Shel- 
 
 March, 1468, was during the chancellor- lefs case. I Rep., 100^. The case in 
 
 ship of Robert Stillington. 5 E. IV, 7, is mentioned in Br. Abr., tit. 
 
 "^ On uses, 313 ; cited in 2 Bl. Gom., Feoffments al uses, pi. 34. It is re- 
 
 329. marked on by Lord Bacon in his reading 
 
 "'In 1759, in Burgess v. Wheate, on the Statute of Uses, 79; in 1759 by 
 
 I W. Bl., 156. "82 BI. Gom., 329. the Master of the Rolls (Sir Thomas 
 
 179 « That if a man be seized of land Clarke') in Burgess v. Wheate, I Eden 
 
 on the part of his mother, and makes a 199, I W. Bl , 139, 140; by Lord Mans- 
 
 feoffment in fee, reserving rent to him field va. S. C., I Eden 219, I W. Bl. 157; 
 
 and his heirs, in this case, by the rule of and by the Lord Keeper, Henley, in S. C., 
 
 common law (as Littleton says), the rent i Eden, 244, I W. Bl., 178. 
 
<;h. XXIX.] 1399 TO 1509. 917 
 
 remedy against him. 8 Edw. IV, 6. All the justices: And this 
 confidence extendeth not only to the taking of the profits, but also 
 that the feoffees shall do acts for the good of the feoffor; and if the 
 feoffor require him to make an estate to any other he ought to do it ; 
 but thereof he ought to have request in writing, for he is not to do 
 it upon a bare message or upon desire by word only. 37 Hen. VI, 
 35, 36. And if the feoffor will have him make an estate to I. for life, 
 the remainder in fee to B., though I will take estate, yet B. shall com- 
 pel him to make estate to him in the life of I. Ibid., 36. Finch. 
 So if the feoffee be disseised, the feoffor shall compel him to sue an 
 assize. 2 Edw. IV, 7."™ 
 
 " Nevertheless those feoffees miglit grant necessary offices, as stew- 
 ardships, bailiwicks, &c., though they may not grant annuities to 
 learned men to defend the land. 8 Hen. VII, 12. They may also, 
 as it seemeth, give fees to counsel, and shall have allowance thereof, 
 so far as they are from being maintainors.""'^ 
 
 On a subsequent page Sir George Gary says : 
 
 " It is reported, 8 Edw. IV, 6, and 22 Edw. IV, 6, year book, that 
 the Lord Ghancellor and Judges were of opinion that a subpoena 
 lieth not against the heir of a feoffee in trust; but our time affordeth 
 that help against executors very commonly."™ 
 
 Lord Mansfield says : 
 
 " The court first interposed on very narrow grounds : so far as a 
 personal confidence was placed in the trustee they desired him to 
 perform thfe trust ; but the heir of trustee or grantee was not liable 
 (Keilw. 49). Subpoena lay only against trustee himself till Hen. VI, 
 and then Fortescue changed it (22 Edw. IV, fol. 6, pi. 18). This 
 was against the heir, but upon a reason which equally holds with 
 respect to the grantee. The chancellor afterwards extended his 
 remedy, unless the alienee purchased for valuable consideration 
 without notice."^* 
 
 Upon the statute of i Ric. Ill (noticed in ch. 27, § 4, p. 859) there 
 are observations in Reeves's Hist, of Eng. Law.'^^ The learning of 
 
 '*^ Gary's Rep., 13, 14. alienee were not liable, the plan, though 
 
 '^ Id., 14. narrow, was consistent, and was adhered 
 
 183 11 ^g between Ouslowe v. Ouslowe, to through all its consequences ; but 
 
 Lord Norris v. Lester, Cutting v. Hack- when these two exceptions were made, 
 
 fordl'' &=€. Gary's Rep., 16. For re- it was absurd not to give remedy in all 
 
 view of causes in the Sixteenth century, other cases within the same reason." 
 
 see ch. 34, \ i6, et seq. i W. Bl., 156. 
 
 '^^In 1759, in Burgess v. Wheate, '^Edi. 1869, ch. 24, vol. 3, p. 13, and 
 
 I W. Bl., 156, I Eden 218, 219. Lord note^; p. 14, and note a/ pp. 16, 17, and 
 
 Mansfield observes, that " while heir or note a; p. 23 to 25, and note b. 
 
918 Review of Fifteenth Century [tit. vr 
 
 uses in the reign of Hen. VII is expounded in the same volume.'^ 
 ij. fiirisdiction of Chancery to decree specific execution. 
 
 " A. willeth that B. shall sell his land to C. ; now C. shall have a. 
 subpcena against B. to compel him to sell the testator's land unto him. 
 15 H. VII, 12."'" 
 
 14. Jurisdiction of Chancery as to charities and frauds. 
 
 The ancient common law rule as to payment of an obligation 
 without acquittance is noticed in 5 Rob. Pract., ch. 83, § 2, p. 872 to 
 874. The effect at common law of a release by one of two obligees is. 
 mentioned in 7 Id., ch. 30, § 8, p. 520. 
 
 II Edw. IV, 8". " P. was bound in a statute to H. and J., for the be- 
 hoof of J., and H. released to P. ; whereupon she brought a subpmna 
 against them both; but P. was discharged, although he knew the con- 
 fidence, because it is permitted in such a case, a man should help 
 himself to be discharged of his bond ; and the subpmna stood against 
 H. because he had deceived J." Tdmen quesre ; for it is no con- 
 science to be a partaker in fraud." — " And the case precedent liked 
 not the reporter." '^ 
 
 22 E. IV, 6. "A man payeth debt upon a single obligation 
 without taking acquittance, therefore this will not discharge him at 
 the common law, but he shall be relieved therein in chancery by 
 the party's oath." *' 
 
 • 
 
 It has been stated from the bench that the court of chancery " de- 
 termined touching charities and frauds, long before the making of 
 any statute concerning the same."™ 
 
 i^. Whether, notwithstanding stat. 4. Hen. IV {mentioned in ch. 22, 
 § 5), there might not, after judgment at law, be relief in equity 
 under some circumstances ; as where the judgment was obtained 
 by fraud. 
 
 3 Hen. V. " R. P. and J. his wife, as in the right of J., cousin and 
 heir of G. N., complain for that Sir T. S., knight, had by subtle means, 
 in an assize, recovered against them the manors of West Adderleigh 
 and Sherle in Southampton and Southfield Loveras in the county of 
 Wilts ; they therefore pray remedy." 
 
 i^Ch. 27, p. 170 to 176. edge of the facts (for example the 
 
 1" Gary's Rep., p. 19. obligee) ; especially as the words ' the 
 
 188 Gary's Rep., pp. 19, 20. 4 H. VII, party's oath,' are followed by the words 
 
 4, is cited in ch. 28, ? 7, p. 871. 'but not by witness.' Id., p. 2. 
 
 '89 This may be considered to mean "" Commissioner Hutchins in Hunger- 
 
 by the oath of a party having knowl- ford v. Earle, 2 Vern. 262. 
 
CH. XXIX.] 1399 TO 1509. 919 
 
 Resp. "The plaintiffs shall have remedy by the King and such 
 others as he shall call to him.""' 
 
 3 Hen. VI. "Where John, bishop of Ely, in affidavit against John 
 Baldwin and others, recovered 4,000 acres of marish in Wisbich, it is 
 enacted that the execution of the said recovery should stay unto a 
 certain time.""' 
 
 5 Edw. IV. "A judgment was obtained by covin and practice 
 against all equity and conscience in the king's bench ; for the plaintiff 
 retained by collusion an attorney for the defendant (without knowl- 
 edge of the defendant, then being beyond sea), the attorney confess- 
 eth the action, whereupon judgment was given; the defendant sought 
 his remedy in parliament, and by authority of parliament power was 
 given to the Lord Chancellor by advice of two of the judges to hear 
 and order the case according to equity." '"' 
 
 The preceding twenty-nine chapters embrace a period included in 
 Sharon Turner's "History of the Anglo-Saxons,"'"* and also that 
 contained in his "History of England during the Middle Ages," 
 to-wit:''° to the end of the reign of Henry VII In Mr. Hallam's view 
 of the Middle Ages, his enquiries into the English constitution termi- 
 nate at an earlier epoch."^ Mr. Stubbs observes that " with the battle 
 of Bosworth the medieval history of England is understood to end." 
 He adds : 
 
 " It is not, however, the distinct end of an old period, so much as 
 the distinct beginning of a new one. T.he old dividing influences 
 subsist for half a century longer.""" 
 
 This first volume embraces what, according to Mr. Stubbs, is not 
 only "the distinct end of an old period," but likewise " the distinct 
 beginning of a new one"; and also contains the history "for half a 
 century longer." 
 
 "'Cotton's Abr., p. 548, No. 44. p. 372 of Boston edi. 1874. 
 
 "^ Id., p. 579, No. 22 ; mentioned ''* From the Earliest Period to the 
 
 more fully in ch. 24, \ 4, p. 779. Norman Conquest. 
 
 '^^ Cobbe and Nore ; cxKsi in 3 Inst., "* From the Norman Conquest. 
 123; S, C. {Cobb y.More) cited in Cro. i96Hall. Mid. Ages, ch. 8, part 3, vol. 
 Jac, 344. As to what was thought by 2, Phila. edi. 1824, p. 223. 
 common law judges, there may be refer- 
 ence to I Campbell's Lives of Chancel- p. 233. 
 lors, ch. 23, pp. 397, 398, 2d edi. (1846), 
 
920 Reign of Henry VIII [tit. vii 
 
 Title VII, 
 
 INSTITUTIONS OF ENGLAND IN THE REIGNS OF 
 HENRY VIII, AND HIS CHILDREN. 
 
 Chap. XXX. — Institutions in the reign of Henry VIII — 1509 10 1546-7. 
 
 XXXI. — Institutions in the reign of Edward VI — 1546-7 to 1553. 
 
 XXXII. — Institutions in the reign of Mary — 1553 to 1558. 
 
 XXXIII. — Institutions in the reign of Elizabeth — 1558 to 1603. 
 
 XXXIV. — Review of the whole period — 15'g to 1603. 
 
 CHAPTER XXX 
 
 INSTITUTIONS IN THE REIGN OF HENRY VII —1509 
 
 TO 1546-7. 
 
 I. Gf Henry at his accession in April, JSog , his acquaintance with 
 Erasmus through Blount, lord Mountjoy. Of his chancellor, 
 Warham, archbishop of Catiterhcry ; the King s first marriage; 
 and the coronation of him and his first quee?i. 
 
 In 1509, upon the death of Henry the Seventh (April 22), his son' 
 was, in his eighteenth year. King Henry the Eighth. His regard for 
 literature and his desire for intellectual improvement, when he was 
 intended for the church, had not ceased upon his elder brother's 
 
 ' Born June 28, 1491. 
 
CH. XXX. J 1509 TO 1546-7. 921 
 
 death." Acquaintance formed by William Blount, lord Mountjoy,' 
 had led to Henry's becoming acquainted when a boy with the wri- 
 tings of Erasmus.* He was written to by Henry about three months 
 before,^ and by Mountjoy about a month after Henry's accession. In 
 a letter of May 27 (1509), Mountjoy said to Erasmus of the young 
 king: 
 
 "If you could know what a hero he now exhibits himself — how 
 wisely he conducts himself; — what a lover of the good and equitable, 
 and what a regard he has for men of letters, you would fly to him. 
 He desires not gold or gems or the precious metals; but virtue, 
 glory and eternal fame I said to him the other day when he was^ 
 wishing that he was more learned, " We do not desire that of you, 
 sire, but that you should welcome and cherish those who are so; 
 'and why not ' was his reply, ' for without them we shall scarcely 
 exist.'"" 
 
 The office of Lord Chancellor of England was retained by an 
 ecclesiastic of high character — William Warham, archbishop of Can- 
 terbury.' At an early period he had scruples as to Henry's marry- 
 ing his brother's widow ; but when the council, after weighing the 
 considerations for and against the marriage, advised for it, the pri- 
 mate, though he did not heartily approve it, performed the cere- 
 mony.^ In June the marriage was at Greenwich;' the King and 
 
 '' I Turner's Hen. VIII, edi. 1827, vi, p. 8, edi. Le Clerc. 
 
 ch. I, p. II. '2 Fuller's Worthies, edi. 1840, p. 9; 
 
 'Watkins's Biogr. Diet.; cited in ch. I Granger's Biogr. Hist., edi. 3 (1774), 
 
 28, I 13, p. 878, z Aubrey's Letters, edi. p. 94; 6 Collyer's Engl., ch. 2, p. 147; 
 
 1813, p. 340 to 344. Lodge's Portr., vol. r, No. 5. 
 
 *In 1522, Erasmus wrote of Henry — ^3 Hume's Eng]., ch. 27, p. 78 to 80, 
 
 "If he has a style not very different N. Y. edi. 1851; 6 Lingard's Engl., 
 
 from mine, it is neither surprising nor ch. i, p. i to 3, Boston edi. 1854. 
 
 novel, because, when a boy, he earnestly 9 xhat the nuptial ceremony was com- 
 
 revolved my lucubrations. Mountjoy, 1 .. j t j ■ ^ * j • . t —>» 
 
 c , •' , , J , A pleted on Tune ^d IS Stated in I turner s 
 
 lormerly my scholar, and who was then "^ j j 
 
 the companion of his studies, prompted Hen. VIII, ch. I, p. 21, edi. 1827 ; and 
 
 him to this." I Turner's Hen. VIII, in Lodge's Portr., vol. I, No. 16. As to 
 
 edi. 1827 ; citing Ep., p. 732. the day statements vary : it is said by 
 
 ^Therewas from Richmond, Jan. 17, Mackintosh that "Henry and Catharine 
 
 1508-9, a letter in Latin, which is pre- were finally joined in wedlock on the 
 
 served in a literal translation. 2 Tur- 6th of June, 1509." 2 Mackintosh's 
 
 ner's Hen. VIII, ch. 3i,p. 535,note 85; Engl., edi. 1831, p. 98; and by Miss 
 
 citing Eras. Ep., p. 91 1. Strickland (according to Bernaldes),that 
 
 *i Id., p. 15, note; citing Eras. Ep. they were wedded at Greenwich "on 
 
922 
 
 Reign of Henry VIII 
 
 [tit. VII 
 
 Queen were crowned at Westminster op. a subsequent day.^" 
 Turner observes, 
 
 Mr. 
 
 " That a marriage tlius celebrated after all the objections against 
 it had been known and considered fdr eight years — after the King 
 had disclaimed it, and after he had chosen to annul his own dis- 
 claimer, when fully able to canvass and judge of its propriety, — 
 should be attacked and broken at a future period by the husband, on 
 any pretext of conscience or moral principle, was a circumstance 
 which no rt asonable foresight could have predicted, and which kingly 
 and national honor ought to have united to prevent." " 
 
 2. Thomas Wolsey, dean of Lincoln, placed in the king's council' 
 and granted Nov. ijog, the office of almoner ; relieved the king 
 of political labors and was compensated. 
 
 Thomas Wot'sey" had on the accession of Henry VIII, completed. 
 
 the day of St. Bernardo (June ll)." 
 Queens of Engl., vol. 4, p. 76, Phila. 
 edi. 1857. 
 
 '"June 24, Id. . p. 76. The festivities 
 were ended by the death (June 29) of 
 Margaret, mother of the seventh, and 
 grandmother of the eighth, King Henry. 
 Id., p. 77. In vol. I of Lodge's Portr., 
 No. 3, is an engraving of her by W. H. 
 Mote from the Earl of Derby's collec- 
 tion. 
 
 "l Turner's Hen. VIH, edi. 1827, 
 pp. 21, 22. 
 
 '^ He visis born in March, 1471, at 
 Ipswich, in Suffolk county, and, " by 
 means of his parents and other his good 
 friends, was maintained at the University 
 of Oxford," where he was made Bache- 
 lor of Arts at the age of 15. Soon the 
 boy bachelor became a fellow of Mag- 
 dalin College and master of the gram- 
 mar school attached to it. He was bur- 
 sar of the college in 1498, when the 
 great tower was finished, that goes by his 
 name. His pains and success in the 
 education of a nobleman's son — his 
 agreeable manners and conversational 
 talent — were instrumental in his being 
 instituted in Octo. 1500 to the living 
 of Lymington in Somersetshire. 'The 
 
 honesty of his life and manners, and his 
 other laudable merits of probity and 
 virtue,' are motives assigned in the papal 
 bull of 1501, for allowing him to hold 
 more benefices than one, and dispensing 
 with residence. He is represented as- 
 very handsome at this time, though after- 
 wards disfigured by a blemish in his- 
 right eye ; possibly he was " rather too 
 free and easy in his manners and habits." 
 A justice at Lymington, if he erred in 
 setting the priest in the stocks taught 
 him to be more circumspect in his pub- 
 lic conduct ; he retired from this parish, 
 though he did not resign the preferment 
 till 1509. Meanwhile he became chap- 
 lain to Henry Dene, Archbishop of 
 Canterbury, when lord keeper of the 
 Great Seal; and on the archbishop's 
 death, in Feb. 1502-3,. proceeded to 
 Calais as chaplain to Sir John Nan- 
 pkani (or Nmtfan,) the treasurer there; 
 and then perhaps acquired his first 
 insight into State affairs. Sir John pro- 
 moted his being appointed one of the 
 king's chaplains. Ingratiating himself 
 with Fox, bishop of Winchester, hold- 
 ing the office of lord privy seal, and Sir 
 Thomas Lovel, treasurer of the house- 
 hold, they recommended him to Hen. 
 
CH. XXX.] 1509 TO 1546-7. 92S 
 
 his thirty-eighth year. Soon recommending himself by his wit and 
 gaiety, tempered with discretion, the king availed of his services; 
 appointing him one of his council, and (Nov. 8, 1509) to the office of 
 almoner. He reHeved the King of much political labour; and 
 received more than the usual royal compensation." 
 
 J. In ijog, of the counties and boroughs which returned member!: to- 
 Parliament ; and the proceedings against Empson and Dudley. 
 Of acts enacted by Parliament in this reign until and including 
 14 and ij Hen. VJII{r^2^). Of these last, ch. 8 allowed clerks 
 of the chancery to marry ; and ch. 20 was " The act of attainder 
 of Edward, late Duke of Buckingham" 
 
 There is a list of "counties and boroughs which returned mem- 
 bers to Parliament at the time of the accession of King Henry the 
 Eighth," showing then "counties and boroughs 147; number of 
 members 296."'* . And there is a report of proceedings in the year 
 of his accession against Sir Richard Empson and Edmund Dudley, 
 Esq.'* 
 
 There are statutes of the parliament begun at Westminster on 
 Monday, the twenty-first day of January, in i Hen. VIH (1509-10).'' 
 Chapter vi, pp. 3, 4, repeals the statute of 1 1 Hen. VH, ch. 3 (men- 
 tioned in ch. 28, § II, ante p. 874);" chapter vii ("an act concerning^ 
 coroners"); chapter viii ("an act against escheators and commission- 
 ers for making false returns of office and commissions"), and chap- 
 ter x(" that no law' shall be made of lands seized unto the King's 
 hands but in certain cases"), are in i 'Statutes Revised.'" 
 
 VII on a delicate mission. Its duties bert's Hen. VIII, in 2 Kenn. Compl. 
 
 were discharged in a way exceedingly Hist., p. "2, is cited in i State Tr., p. 284 
 
 satisfactory; and that king made him to 288. 
 
 (Feb. 2, 1509,) dean of Lincoln, to which ^'3 Stat, of the Realm, p. i to 22; 
 
 two prebends were afterwards added. Paris and Fonblanque's Med. Jurispr., 
 
 Cavendish in 4 Harl. Miscel., edi. 1809, vol. 3, Appendix, p. 3 to 5. 
 
 p. 490 to 493. Foss's Biogr. Jurid. "2 Inst., 51. Connected with ch. 6, 
 
 '^ Presents, gifts and rewards, came pp.3, 4, is ch. 15, pp. 9, 10, "concern- 
 in plentifully. Preferment followed. Id. ing land made in trust to Empson and 
 
 "2 Hatsell's Precedents, edi. 1796, Dudley." Ch. 18, pp. 14^ 15, is "for 
 
 Appendix No. 3, p. 384 to 386. confirmation of letters patent made to- 
 
 "/</., 3 Fuller's Worthies, edi. 1840, Queen Katherine for her dower." 
 
 pp. 132, 133; 2 Mackintosh's Engl., isg^i jgyQ^ p_ ^67 to 371. 
 Phila. edi. 1831, pp. 98, 99. Lord Her- 
 
924 Reign of Henry VIII [tit. vii 
 
 Of statutes of the Parliament begun "at Westminster on Wednes- 
 day, the fourth day of February," in 3 Hen. VIII (1511-12)," chap- 
 ter X is construed in 10 Jac. i;™ and ch. xi ("an act concerning 
 physicians and surgeons"), is in i 'Statutes Revised."' Of statutes 
 made in the session begun " at Westminster by prorogation on the 
 fourth day of November, in the fourth year" of Hen. VIII (1512)," 
 ch. 8 (of 'Richard Strode'),^' and ch. 34, § 2, illustrate the abuse of 
 power in England in the sixteenth century. 
 
 There are statutes of the session begun on the twenty-third 
 day of January, and continued until the fourth day of March, in 
 5 Hen. VIII (1513-14);^* of the session begun on Monday, the 
 fifth day of February, in 6 Hen. VIII (1514-15);'* and of the 
 session begun on Monday, the twelfth day of November, and con- 
 tinued until the twenty-second day of December, in 7 Hen. VIII 
 
 (1515)" 
 
 Among the statutes of the parliament of 14 and 15 Hen. VIII 
 {1523)," are the following: 
 
 Ch. v. "An act concerning physicians."^ 
 
 Ch. viii. "An act that the six clferks of the chancery may marry." '^ 
 
 Ch. xvii. "The King's general pardon."'" 
 
 Ch. XX. "The act of attainder of Edward, late Duke of Buk."" 
 
 '^3 Stat, of the Realm, p. 23 to 47. Realm, p. 206 to 281. 
 
 ^"Robert Scarlet's case, 12 Rep., 98. 
 
 "Edi. 1870, pp. 371, 372. '°-^'^" PP- ^'3, 214; 7. Paris and 
 
 ^^ 3 Stat, of the Realm, p. 43 to 91. F°nblanque's Med. Jurispr., vol. 3, Ap- 
 
 23 1 ' Statutes Revised,' p. 372 to 374. P«"'i'''' P- 7 to 13. 
 
 «3 Stat, of the Realm, p. 92 to 120. ^'That J. T., and five others, "now 
 
 „, , • ■ ■ r> • being in the office of the six clerks of 
 
 Ch. 6, concernine surgeons, is in Fans ., ^ , r ., j n 
 
 ' & s > . {he chancery, and every of them, and all 
 
 and Fonblanque's Med. Jurispr., edi. other, which in time to come shall be in 
 
 1823, vol. 3, Appendix, pp. 5, 6. the same office, and every of them may 
 
 "3 Stat, of the Realm, p. 121 to 175. and do take wives and marry at their 
 
 „, ^ c , J £ • , liberty, after the laws of Holy church." 
 
 Chapters 4, 6, i? and 16, are in I o. / r lu -o 1 c 
 
 V •*' ' :> ' 3 Stat, of the Realm, p. 216. 
 
 ' Statutes Revised,' edi. 1870, p. 375 to 
 
 378. s"/,^., p. 242 to 245. 
 
 263 Stat, of the Realm, p. 176 to 205. "'From Lord Herbert's Hen. VIII 
 
 2' Begun in London on Wednesday, (i" 3 Kenn. Compl. Hist.) is the report 
 
 April 1 5, in 14 Hen. VIII, and afterwards of the trial in r State Tr., p. 288 to 298. 
 
 prorogued, continued and adjourned and Stowe's Annals, p. 512-14, is ated in 
 
 " holden from Friday, the last day of , .j.^^^^^,^ ^^^ yjjj ^d;_ ^g 
 
 July, until Thursday, the thirteenth of , , -r^ , j 
 
 August," in IS Hen. VIII, "and then 293- Other notices of the Duke, and 
 
 ended and dissolved." 3 Stat, of the his trial and death, are in i Granger's 
 
CH. XXX. J 1509 TO 1546-7. 925 
 
 Ch. xxi. "The acte of auctorite."" 
 
 ^. Eve7iis other than in parliament from 1510 until 22 Dec, 7 Hen. 
 VIII {15 15). Especially of the King and Queen ; and of Eras- 
 mus and W'olsey. 
 
 Of the Queen it is stated that "early in the spring of 1510 she 
 miscarried";''' that when she was residing at Richmond palace in 
 
 2 Hen. VIII, a prince was born on new year's day; that he was 
 named Henry, and died Feb. 22 (151 1)." 
 
 In June, 15 13, being the fifth year of Henry's reign, the Queen ac- 
 companied the King to Dover; and there was invested with the high 
 trust of RegMit when the King and his army took ship (the last day 
 of the month) for France. Her position now during the King's 
 absence was similar to that of Queen Philippa when left regent by 
 Edward III ; and she was attentive to her duties. On her way home 
 from Dover she was accompanied by the Earl of Surrey, to whom 
 had been confided the care of the north of England ; and she wrote 
 a benevolent and prudent letter touching Francesca de Casseris, her 
 'woman before she was married.' It was to 'Mr. Almoner' (Wolsey), 
 who accompanied the King on the expedition to France, and was 
 charged with the duty of providing for the army and the voyage. 
 She wrote to 'Master Almoner' other letters, and showed anxiety 
 about her husband : " I pray you take the pains with every of my 
 messengers to write to me of the King's health." (i Ellis, 80.) 
 
 The battle between Earl Surrey and James the Fourth, on Sept. 9, 
 1513, was 'on the side of an high mountain, called Flodden, on the 
 edge of Cheviot,' and ended in a defeat more calamitous than Scot- 
 land had ever lamented before.'' In that month the Queen wrote to 
 
 Biogr. Hist., edi. 3 (1779), pp. 87, 88; 33, as to estate, which was of the Duke 
 
 3 Hume's Engl., ch. 28, N. Y. edi. 1850, of Buckingham, are in Jd., p. 269, et seq. 
 p. 126 ; ii Cunningham's Lives of Emi- ^^ Id., p. 259 to 267. 
 
 nent Enghshm., edi. 1838, pp. 55, 56. ^^ Vol. J, p. 83, of " Four years at the 
 
 The chapter mentioned in the text (ch. courtofHenry;VIII;" cited in i Froude's 
 
 20) is in 3 Stat, of the Realm, p. 246 to Engl., p. 117, N. Y. edi. 1872. 
 
 258. An act concerning the Duchess of '* Miss Strickland's Queens of Engl., 
 
 Buckingham is in Id., p. 267 to 269. vol. 4, p. 78 to 80. 
 
 Chapters 23, 24, 25, 26, 27; 30, 31 and 
 
^26 Reign of Henry VIII [tit. vn 
 
 the King from Woburn on the i6th; before the month had ended 
 the King landed privately at Dover and rode post incognita to the 
 Queen at Richmond.'" 
 
 Wolsey was appointed bishop of the conquered town of Tournay; 
 he became in the following year (8 Feb., 1514) bishop of Lincoln; 
 and in about six months was translated to the archbishopric of York. 
 For some time he was the principal adviser and mover in all affairs 
 of state ; the King's letters to him were in a familiar, confidential 
 style; dignities and preferments were heaped upon him. An annuity 
 of io,ooo ducats was granted to him by the Duke of Milan.^' This 
 <;ould not have been with intent to make him perform his duty faith- 
 fully to the King and people of England. 
 
 In 1514 the Queen, in October, accompanied the king's sister 
 Mary to Dover, on her way to marry Louis XII of France. 'After 
 eighty-two days of marriage ' that king died ; and his widow " stole 
 a match with" (Charles Brandon) "the duke of Suffolk, at Paris, who 
 had been sent by the King" (Henry VIII) "to take care of her and 
 her property."" 
 
 The Queen was in November again a mother ; but the Prince died 
 in a few days.'* 
 
 After stating of Erasmus that "at Rome he was received with 
 great respect and solicted to settle there," Watkins says: 
 
 " But having promised to return to England, he declined the offers 
 
 ^= Cavendish, 4 Harl. Miscel., pp. 494, ters, vol. I, p. 152 to 171; p. 177 and 
 
 495; Sir H. Ellis's 3d series of Orig. p. 184; i Turner's Hen. VIII, edi. 1827, 
 
 Let., vol. I, p. 14s, and p. 154 to 160; pp. 179, 180; Foss's Biogr. Jurid. 
 
 6 CoUyer'sEngl., ch. 2,p. 141; 3 Hume's "Miss Strickland's Queens of Eng- 
 
 Engl., ch. 27, p. loi, N. Y. edi. 1851 ; landj vol. 4, p. 84; 3 Hume's Engl., ch. 
 
 I Turner's Hen. VIII, edi. 1827, book 27, pp. 104, 105, N. Y. edi. 1851; 6 Lin- 
 
 I, ch. 6,p. 138 to 142; and ch.7,p. 179; gard's Engl., p. 31, Boston edi. 1854. 
 
 Miss Strickland's Queens of Engl., vol. 4, Of this Duke of Suffolk an engraving 
 
 p. 78 to 83, Phila. edi. 1857. As to the by W. H. Mote, from the original in the 
 
 body of James IV, there may be refer- Duke of Bedford's collection, is in 
 
 ence to Stow's 'Survey of London, 4to, Lodge's Portr., vol. i. No. 13. 
 
 p. 539; and Ho Witt's Visits, ist Series, ^sjiiss Strickland's Queen's of Eng- 
 
 Phila. edi. 1842, p. 168. land, vol. 4, p. 84; Froude's Engl., vol. I, 
 
 ''^Sir H. Ellis's 3d series of Orig. Let- ch. 2, note i. 
 
■CH. xxx] 1509 TO 1546-7. 927 
 
 made to him by the pope. On his arrival in Londoti in 1^16, he 
 uuent to live with Sir Thomas More, at Chelsea, and there wrote his 
 'Praise of Folly. ^ By the interest of Fisher, "bishop of Rochester, he 
 obtained the Margaret professorship of divinity at Cambridge, to 
 which was added the Greek lectureship. How long he held these 
 places does not appear; but in 1514 he went to Basil.'"' 
 
 Pope Leo X, attentive to the promotion of literature and the arts, 
 wrote to Hen. VHI, in 1515, on July 10: 
 
 "We loved our esteemed son Erasmus of Rotterdam, whom we 
 consider to be among the first in knowledge and the arts. He was 
 indeed known to us in friendly intercourse, when we were in a lower 
 condition ; but was not only then known but warmly applauded by 
 us from those monuments of genius, which he has committed to 
 writing." The Pope then strongly solicits Henry's favour to him.^° 
 
 In the same year (1515), Sept. 7, Wolsey received from Leo X the 
 Cardinal's hat." Although it has been said, "in 1460," the invention 
 ^'of engraving superseded the art of illuminating," yet it may be 
 inferred this art was not entirely superseded before the reign of 
 Henry VHL 
 
 "The last specimen of" it "is to be met with at Oxford, in the 
 Lectionary, or Code of Lessons for the year, composed for Cardinal 
 Wolsey." « 
 
 "In 1515, Wolsey, bearing his honors thick upon him, and bear- 
 ing too in mind the indignity offered to him by Sir Amias " Pawlet," 
 sent for him to town and commanded him not to quit it till he 
 received further orders. In consequence of this injunction "he 
 lodged 5 or 6 years over the gateway" of the Middle Temple," "and 
 
 "Biogr. Diet., edi. 1822. and note 47. 
 
 *»i Turner's Hen. VIII, edi. 1827, ^^^ Penny Magazine for 1833, Apr. 13, 
 
 PP- 30. 31- p. 139- 
 
 " Cavendish, 4 Harl. Miscel., pp. 495, *' In § 2, p. 922, note, there is a brief al- 
 
 496; Foss's Biogr. Jurid.; Sir H.Ellis's lusion to the incident: Sir Amias, about 
 
 3d series of Orig. Letters, vol. I, p. 177. the year 1501, thought fit to put Wolsey, 
 
 Where it is said, " after much exertion who was then parson of Lymington, in 
 
 he procured himself to be named a car- Hampshire, into the stocks. Ireland's 
 
 dinal," is this note, 'He caused the Inns of Court, pp. 5, 6, edi. 1800. 
 
 king and the French king to write to ^ Where the Middle Temple gate has 
 
 Rome for him, and at their request since stood, there was formerly a struc- 
 
 obtained his purpose.' Hall, 581. His ture, which was erected by Sir Amias 
 
 title was Card. Sondes Sicilies de urbe.'' Pawlet. Id. 
 1 Turner's Hen. VIII, edi. 1827, p. 182, 
 
928 Reign of Henry VIII [tit. vir 
 
 to pacify the resentment of his eminence adorned the front with the 
 Cardinal's hat, badges, cognizances and other devices.' *^ 
 
 S- Dec. 22, 1515. The Great Seal surrendered by Archbishop War- 
 ham and delivered to Wolsey. In 1J18, birth of a Prince who 
 soon died. In 10 Hen. VIII, judgment by the Chancellor on 
 scire facias to revoke letters patent. Of. Pope Leo X, King 
 Henry, Martin Luther, Archbishop Warham and Cardinal Wol- 
 sey. Of Wolsey's performance of judical duty ; complaint 
 against him, yet the King^s favour for him, increased. Of his 
 income and expenditure ; his reputation as a scholar and encour- 
 ager of learning ; and his aspiring to the popedom. 
 
 Decrease of Warham's and increase of Wolsey's power, and in- 
 dignities offered to the former by the latter, especially since his 
 acquisition of the archbishopric of York and the cardinalship, had 
 several times induced Warham to tender his resignation.^' In 7 Hen. 
 VIII (1515), on Dec. 22, in the palace at Westminster, the Great Seal 
 was surrendered by Warham *' and delivered to Wolsey,'* whom the 
 King "then and there constituted his chancellor."*' 
 
 In the summer of 1518, a third son of Henry and Katharine was 
 born; but he died immediately.*" In 1519, was born a natural son of 
 Henry by Lady Talbois.*' 
 
 Upon a scire facias in 10 Hen. VIII, to revoke and annul letters 
 patent, judgment was given by Chancellor Wolsey.^' 
 
 *' Id. ; citing Hollingshead. priest of the holy Roman church, by the 
 
 *^ Cavendish, 4 Harl. Miscel., p. 496. title ' SancH Ariaci in tertnis,' arch- 
 Mr. Foss says : Having been obliged to bishop of York, primate of England, 
 remonstrate with Wolsey for causing his and legate of the apostolic See." Id. 
 cross to be carried before him in the *'0n Dec. 24 the chancellor was 
 province of Canterbury, contrary to sworn in by the King at Eltham palace, 
 established practice, the cardinal seem- Id. 
 
 ingly submitted, but took steps to obtain ^ Miss Strickland's Queens of Engl., 
 
 from the pope the appointment of legate vol. 4, Phila. edi. 1857, p. 187. 
 
 u latere, that he might have a better °' Fuller's Worthies, edi. 1840, p. 499. 
 
 claim to the disputed right. Biogr. Jurid. Information of him at a later period is 
 
 *' I Campbell's Lives of Chancellors, post in ^ 18. 
 
 ch. 27, pp. 456, 457, of 2d edi. {1846), s^" With the advice of the judges and 
 
 pp. 424, 425, of Boston edi. 1874. kings, Serjeants, &c., that they should be 
 
 ^ " The most reverend father in Christ, revoked, &c." Hunt v. Coffin, 2 Dy., 
 
 Thomas, by divine compassion, cardinal 197 b. 
 
CH. XXX.] 1509 TO 1546-7. 929 
 
 In 1 52 1, letters received by Archbishop Warham from the Uni- 
 versity of Oxford, caused him to write to Cardinal Wolsey, 
 
 " That divers of that University be infected with the heresies of 
 Luther, and of others of that sect, having among them a great num- 
 ber of books of the said perverse doctrine, which were forbidden by 
 your Grace's authority as Legate de latere of the See apostolic, and 
 also by me as Chancellor of the said University."*'' 
 
 Of the work by Hen. VIII in Latin, entitled Assertio septem sacra- 
 mentum adversus Martijium Luihemm, and dedicated to Leo X, 
 copies were transmitted to Rome, with one of which was this distich : 
 
 " Angiorum Rex Henricus^ Leo Decime, vtittit 
 Hoc opus, et fidei testem et Amicitia: I" 
 
 In 1 52 1 this copy was, in September, presented by John Clerk to 
 the Pope ; in October was issued a bull conferring on Henry the title 
 of defender of the faith; on or about Dec. i, Leo X died suddenly 
 before distribution of copies sent to him." The new pope was 
 looked to "for the confirmation and exaltation of Henry's book."" 
 
 At Leo's death, Wolsey (with whom John Clerk was correspond- 
 ing) had been in the chancellorship nearly six years. In 15 Hen. 
 VIII (1524), Feb. 16, was his "order touching the expenses and de- 
 meanour of John, earl of Oxford."^* As to his manner of perform- 
 ing judicial duty, there are interesting statements. 
 
 "When he came to Westminster, he " staid awhile at a bar made 
 for him beneath the Chancery ; and there he communed sometimes 
 with the judges, and sometimes with other persons, and then went up 
 10 the chancery and sat there till eleven of the clock to hear suits and 
 to determine causes ; and from thence he would go into the Star- 
 chamber, as occasion served him ; he neither spared high nor low, 
 but did judge every one according to right." 
 
 *' Sir H. Ellis's 3d series of Orig. Let., to 316. 
 vol. I, p. 239 to 247. Letters from '^/i/., .p. 304 to 316. 
 
 Longland, bishop of Lincoln to Wolsey, ^^ Orders of High Court of Chancery, 
 
 are in Id., pp. 247, 248, and p. 251 to by G. W. Sanders, Lond. edi. 1845, part 
 
 254. 2, Appendix, p. 1030 to 1032. This 
 
 "Roscoe's Life of Leo X, vol. 4, order, as to the earl of Oxford, is not 
 
 ch. 19, edi. 1827, pp. 45, 46, and Ap- considered by Mr. Sanders "as illus- 
 
 pendix No. cxc, II, p. 430 ; Sir H'. trative of the general jurisdiction of 
 
 Ellis's 3d series of Orig. Let., vol. i, chancery." Id., part I, p. 8, note, 
 p. 25410271; p. 27910281; and p. 314 
 
 59 
 
930 Reign of Henry VIII [tit. vii 
 
 So Cavendish wrote." Mr. Foss says : 
 
 "Notwithstanding the perpetual and varied demands on his time, 
 and the importance of his poHtical duties, his attendance on the court 
 was regular and punctual, and whatever opinion may be formed by 
 different writers of his character as a statesman, his decrees as chan- 
 cellor are acknowledged to have been equitable and just.""* 
 
 The only proof of his requiring assistance in the court of equity 
 (beyond such as was given by Masters in the regular course of 
 official duty) was shortly before the close of his career, when — the 
 perplexities of the divorce case being added to his other anxieties — 
 there was the special commission of ii July, 21 H. VIII, mentioned 
 in ch. 34, § ID. 
 
 Considering Cavendish's reputation for ' sincere and impartial ad- 
 herence to truth,' weight should be given to his statement that he 
 never saw this realm in better obedience and quiet than it was in the 
 time of his" (Wolsey's) "authority, nor justice better administered." ^' 
 As to his foibles. Cavendish is not silent.™ Several chapters" shew 
 in Wolsey a fondness for vain, a love of ostentatious, display, which 
 was attended with large expense. 
 
 There was complaint of the manner in which Wolsey used the 
 powers granted him by the pontiff. Being ' charged with employing 
 under him a judge of bad character, who took bribes to stifle ex- 
 posure, with arrogating an authority in reference to wills and'admin- 
 istrations which was beyond his commission, and, what was far worse 
 in the estimation of the bishops and nobles, with innovating on their 
 general patronage,' 'Archbishop Warham was ordered to admonish 
 
 "Ch. 7, in 4 Harl. Miscel., p. 500. ™Ch. i, pp. 490, 491, states howi 
 
 ^ Biogr. Jurid. Among the " courts agakist Sir James Pawlet, displeasure 
 
 referred to by Holinshed" (iii, 615,) was shewn. 
 
 were probably (besides the Star-Cham- ^' Id., p. 497 to 502. Ch. 5 is " of 
 
 her, in which he usually presided) " the the orders and offices of his house and 
 
 legantine courts which he held under chapel;" ch. 6, is "of his second am- 
 
 the pope's authority, and other minor bassage to the Emperor, Charles the 
 
 courts connected with the various offices Fifth ;" ch. 7, " of the manner of his 
 
 he held." Id. going to Westminster- Hall ;" ch. 8, "of 
 
 ^'Printed in 1641. Reprinted in the cardinal's magnificence in his houses." 
 4 Harl. Miscel., edi. 1809, p. 489. 
 
■CH. XXX.] 1509 TO 1546-7. 931 
 
 him.'** Yet the favour with which Wolsey had been regarded by the 
 King before, increased after, he became chancellor.*' Great reHance 
 ■was placed on his judgment, and for a considerable period no state 
 transaction of much importance was decided without his advice.** 
 His income must have been enormous; it is said to have even 
 exceeded the royal revenue. His expenditure was in a proportionate 
 scale."^ Homage almost universal prompted him to yet higher aspi- 
 rations : he aimed at the popedom. 
 
 He preserved the reputation of a scholar which he had attained in 
 the commencement of his career; and encouraged learning and 
 learned men. He was long a correspondent oi Erasmus; and in the 
 University where he was educated, he established and endowed vari- 
 ous lectures and otherwise promoted classical studies."" In a letter 
 to him "touching the matter of Wilton" and "touching the help of 
 religious houses to the building of your college," is this from the 
 King: 
 
 " They say not that all that is ill-gotten is bestowed upon the col- 
 lege, but that the college is the cloak for covering all mischiefs. This 
 grieveth me, I assure you, to hear it spoken of him, which I so 
 entirely love. Wherefore I could do no less than thus friendly to 
 
 ^''A letter of remonstrance from the p. 345, to end of the volume; also vol. 
 
 archbishop seems to have been well 2, p. I to 71; p. 77 to 86; p. 93 to 109; 
 
 received by the cardinal ; another letter p. IIT, et seq. 
 
 to him from the archbishop is in terms ^^ His houses, especially that at Hamp- 
 
 kind, but firm. Orig. Let. (Sir A'', ^//w), ton, were palaces; his domestic estab- 
 
 .3d series, vol. 2, p. 41 to 45. lishment was a court, maintained with a 
 
 '^Id., vol. I, p. 187 to 232; p. 271 to brilliancy and order, which few sovereign 
 
 '278; and p. 284 to 286. Foss's Biogr. princes could imitate. The magnificent 
 
 Jurid. tapestries, noticed by Mr. yesse in his 
 
 8* The multitudinous series of docu- 'Summer's day at Hampton court' 
 ments, in the 13th and 14th volumes of (p. 25), were neither interchanged be- 
 Rymer's Foedera, give some idea of the tween Henry the Eighth and Francis 
 variety and extent of his labours. A the First at the field of Cloth of Gold, 
 ^ense of his importance was shewn not nor presented to Wolsey by Charles the 
 only in complimental letters, but in pen- Fifth, but ordered by the cardinal of the 
 «ions from different contending powers in makers, and paid for like his other fur- 
 Europe — from the Pope, from Castile, niture. Orig. Let. (Sir H. Ellis), 3d 
 from the Emperor, and from France. series, vol. I, p. 232 to 238; and pp. 
 Foss's Biogr. Jurid. Sir H. Ellis's 3d 249, 250; Lodge's Portraits, vol. i, 
 series of Orig. Let., vol. i, p. 184 to No. 4. 
 232; p. 287 to 303; p. 316 to 327; «« Foss's Biogr. Jurid. 
 
932 Reign of Henry VIII [tit. vir 
 
 admonish you. One thing more I perceive by your own letter, 
 which a little, methinketh, toucheth conscience ; and that Is, that you 
 have received money of the exempts for having of their old visitors. 
 Surely this can hardly be with good conscience. For, and they were 
 good, why should you take money ? and if they were ill, it were a 
 sinful act.''^'' 
 
 This view is creditable to the King. 
 
 6. Of Erasmus, after 1516, for ten years or m,ore. Of remarkable 
 treaties for marriage of the PriJicess Mary, and other proceed- 
 ings by Wolsey after i§i8 ; some of which m,ay have tended ta 
 make the King dissatisfied with him. Of Anne Boleyn; her 
 influe^ice upon the King and against Wolsey. His surrender of 
 the Great Seal Octo. ly, 1329 ; his death Nov. 2g, 1530. 
 
 After mentioning that in 15 14, Erasmus went to Basil (or Basle),. 
 Watkins says : 
 
 There, "in 1516, he published his edition of the New Testament. 
 He now began to prepare the works of Jerome for the press ; the 
 printing of which in 6 volumes, folio, took up ten years. The rise of 
 the Reformation was an interesting period to Erasmus, who by his 
 labours in the restoration of learning, and exposing the corruptions 
 of the church, particularly in his Colloquies, was said to have laid the 
 egg which Luther hatched. Henry VIII invited him to settle in 
 England ; but he seems to have been deterred from complying 
 through a fear of Wolsey." '' 
 
 It is believed that Erasmus was not again in England, though he 
 survived Wolsey's decline, fall and death. 
 
 In about two years after the birth of the princess Mary*' there was 
 a treaty for her marriage to a younger French prince.™ In July, 
 
 *'3 Seward's Anecdotes, 93. peared, there was a treaty for marriage 
 
 ** Biogr. Diet. between the two babies, and for giving 
 
 *'Feb. 18, 15 1 6. Miss Strickland's up Tournay to Francis on the day of the 
 
 Queens of England, vol. 4, p. 85. nuptial celebration on his paying 600,000 
 
 '"6 Collyer's Engl., ch. 2, p. 149. crowns of gold. Mr. Turner says : "At 
 
 Francis desiring repossession of Tour- the end of the month he granted Wolsey 
 
 nay, gave his instructions of April, 1518, a pension of zo,ooo Hvres Tournois; 
 
 to his secretary to open a conditional and before the close of the year ob- 
 
 treaty with Wolsey, that if the French tained the immediate cession of the town 
 
 Queen should be delivered of a son, he without waiting the term of the stipu- 
 
 should be married to Mary, then but two lated marriage." I Turner's Hen. VIII, 
 
 years old. In July, the son having ap- edi. 1827, pp. 201, 202. 
 
<CH. XXX.] 1509 TO 1546-7. 933 
 
 ■1520, Charles V, in conferences with Henry, endeavoured to break 
 this match.'* 
 
 In that year (1520) in the latter part of May there were visits of 
 sovereigns. Charles " so timed his visit as to reach England a week 
 before" Henry was to see Francis. 
 
 From Dover, Henry and Charles "rode together to Canterbury, 
 "where, amid festive entertainments, for four days, Charles made those 
 arrangements for his political interests for vyhich he had come. On 
 31st May he went to Sandwich and embarked for Flanders, while 
 Henry proceeded to Dover to be at Calais and Guisnes by the stipu- 
 lated time."" 
 
 Mr. Turner gives a narrative of the meeting between Henry and 
 Prancis ; of the protracted festivities near Guisnes ; and of the sove- 
 reigns separating on June 24, "after exchanging princely presents."" 
 
 " Henry went to Calais ; but on the loth July proceeded to Grave- 
 lines to meet the emperor." — "Charles returned with the English 
 king to Calais and remained four days transacting that business with 
 Wolsey for which he had undertaken the journey."" 
 
 Several of Mr. Turner's chapters" illustrate the then state of 
 things. Wolsey, Lord Chancellor of England, Archbishop of York, 
 and as Henry's prime minister in his trust and confidence, had 
 acquired habits of extravagance and waste which were constantly 
 consuming a great deal of money and calling for more; and one of 
 
 ''^ Id., p. 255. French from Italy; Bourbon renews his 
 
 "i Turner's Hen. VIII, edi. 1827, engagement to make Henry King of 
 
 p 2ij jg 2 J. France ; invades it for that purpose, and 
 
 besieges Mafseilles." JtZ.. p. 333 to 371. 
 
 '»/(/., p. 245 10252. Ch. 13. "Francis enters Italy, be- 
 
 '* /is?., p. 252. sieges Pavia, and sends the Duke of 
 
 Albany towards Naples; conferences of 
 
 '°Ch. 10. " War between France and English ambassadors with the Pope; 
 
 the Emperor; Wolsey 's double nego- Bourbon attacks the camp of the French 
 
 tiations ; Henry allies with Charles King ; the deciding battle of Pavia." 
 
 against Francis; English invasion' of Id., p. 372 to 419. 
 
 France in 1522." Id., p. 255 to 296. Ch. 14. " Bourbon's proposals to 
 
 Ch. II. "The rebellion of the Duke Henry; schemes of the Italian powers 
 
 of Bourbon; his conspiracy with Eng- against the' Emperor; commotions in 
 
 land and the Emperor ; the cooperating England ; Wolsey's secret intercourse 
 
 invasion of France by the English army with France ; conferences of the Eng- 
 
 in 1523." Id., p. 297 to 332. lish ambassadors with the Pope; French 
 
 Ch. 12. "Continuation of the war King's proposals; his removal to Spain." 
 
 with France in 1524, expulsion of the Id., -p. 420. 
 
934 Reign of Henry VIII [tit. vir 
 
 his discreditable modes of obtaining money, was in " receiving gratui- 
 tous gifts and annuities from foreign powers," '" which, besides being 
 in conflict with the faithful discharge of his duties as chancellor and; 
 prime minister, tended to produce double-dealing as to foi-eign 
 powers; for the varying amounts of their respective largesses, and 
 the influence which they might respectively exert to promote a 
 scheme for his own aggrandizement, might naturally cause such a 
 bias on his part that, as between them, it would be not always in 
 favour of the same onej but sometimes in favour of one and other 
 times in favour of another of them." 
 
 Though strange, it is true that for marriage between Charles V, 
 born Feb. 24, 1500, and his cousin Mary, born Feb. i8, 15 16, there 
 was a scheme when she was a child of but four or five years.'* Ad- 
 mitting that Charles's visit to England in 1520, surprised the nation,. 
 Robertson says: 
 
 " Wolsey, however, was well acquainted with the emperor's inten- 
 tion. A negotiation, unknown to the historians of that age, had been 
 carried on between him and the court of Spain ; this visit had been 
 concerted; and Charles grayited the cardinal, whom he calls his 
 most dear friend, an additional pension of seven thousand ducats" 
 
 Charles stayed only four days in England. 
 
 " But during that short space he had the address, not only to give 
 Henry favorable impressions of his character and intentions, but to 
 detach Wolsey entirely from the interest of the French king."" 
 
 In 1 52 1 Wolsey made an excursion to Bruges to meet Charles; 
 and a league was concluded;^" on August 25, (1521), there were 
 articles between the emperor and Mary's father, stipulating that they 
 
 '6 I Turner's Hen. VIII, edi. 1827, when Pope Leo died, a letter of Dec. 28 
 
 p. 236. Instances of insidious bounties (from Ghent) apprised Wolsey that 
 
 are specified in Id., p. 237 to 240. Charles had written to Rome on Wol- 
 
 "In 15 19 Charles was elected Em- sey's behalf. Henry was also in his 
 
 peror. Id., p. 209. Before this elec- favour. But Adrian was elected Jan. 9, 
 
 tion declarations of attachment from 1522. Id., p. 213 to 218. 
 
 Wolsey to Charles produced the sugges- ™ Id., p. 260, and p. 264. 
 
 tion of the papacy for Wolsey. Id., "i Robertson's Charles V, p. 520,, 
 
 p. 207, and p. 211. Thenceforth he Boston edi. 1857. 
 
 acted to secure it. Id., p. 210. In 1521, «> 7^^ p jgg_ 
 
CH. XXX.] 1509 TO 1546-7. ' 935 
 
 should unite against Francis ; and that ' notwithstanding the spousals 
 between the dauphin and Mary' she should now be married to 
 the emperor, for which, being cousins, a dispensation should be 
 obtained ; '* and containing the following provision (which, it is said, 
 was inserted to gratify the pope) : 
 
 " That all and each in their dominions who seem to think badly on 
 the catholic faith, or to endeavour to disturb that catholic faith, 
 or the apostolic seat, and presume to hurt its dignity, authority and 
 power, both princes shall wholly coerce with due remedies and 'dis- 
 tringant' upon them, all the force in their power, and pursue them, 
 and endeavour to avenge all the injuries touching the christian reli- 
 gion, which these shall bring upon the seat of Christ, as if they were 
 done to themselves."*^ 
 
 This was contemporaneous with "the deliverance mentioned in 
 § 5, p. 929, of Henry's "book against Luther to the pope's holi- 
 ness":*^ of which a good deal is said,'* and for which (as stated on 
 p. 929), the pope conferred on Henry the title of Defender of the 
 faith?" For some time the treaty of August 1521, was kept secret; 
 in 1522 there was "the unexpected arrival of an English herald, 
 who, in the name of his sovereign, declared war in form against 
 France." *° Charles, on his way to Spain, visited England. 
 
 " By his artful address, during a residence of six weeks in Eng- 
 land, he gained not only the King and the minister, but the nation 
 itself"*' 
 
 There was a great change in 1523, when Pope Adrian died and 
 the Cardinal de Medici " was raised to the head of the church and 
 assumed, the government of it by the name of Clement VII." 
 
 '^i Turner's Hen. VIII, edi. 1827, Adrian's age and infirmities, a sudden 
 
 p. 278; 6 Collyer's Engl., ch. 2, p. 160 vacancy in the papal See;" — "and as 
 
 10163; 3 Hume's Engl., ch. 28, p. 126. Charles, besides augmenting the pen- 
 
 '^i Turner's Hen. VIII, edi. 1827, sions which he had already settled on 
 
 p. 278. him, renewed his promise of favoring his 
 
 ^ Id., p. 279 ; citiiig Wolsey's letter pretensions to the papacy with all his 
 
 to Henry of Aug. 24, 1521. interest, he endeavoured to merit the 
 
 ** Robertson's Charles V, p. 583, Bos- former and to secure the accomplishment 
 
 ton edi. 1857. of the latter by fresh services." Id., 
 
 *^ iS., p. 584. *8/(f., p. 613. p. 6ig. Charles arrived in Spain June 
 
 87 « 
 
 The cardinal" foresaw, "from 17,1522. 2 Jrf., p. 3. 
 
936 Reign of Henry Mil [tit. vii 
 
 "This second proof fully convinced Wolsey of the emperor's 
 insincerity, and it excited in him all the resentment which a haughty 
 mind feels on being at once disappointed and deceived."^* 
 
 If revenge was meditated, his intention was concealed and the 
 execution of it suspended until after the route at Pavia (Feb. 24, 
 1525), when Francis I was made a prisoner and sent to his mother a 
 letter containing the words, 'Madam, all is lost, except our honour.'^ 
 Now " the passions of the English minister seconded the inclinations 
 of the monarch."'" 
 
 "But Henry's connections with the emperor made it necessar)' to 
 act in such a manner as to save appearances.'"' 
 
 In June (1525) messengers who delivered the king's and cardi- 
 nal's letters to the emperor, were surprised to hear his angry censure 
 on Wolsey.'^ 
 
 Henry, after offering to send the princess Mary into Spain or the 
 Low Countries, that she might be educated under the emperor's 
 direction," and receiving a reply from him, signed on July 6 a com- 
 mission which, after mentioning Charles's contract to marry that 
 princess, recited as follows : 
 
 " That Henry's ambassadors had congratulated Charles on his 
 victory; that it had been stated on the emperor's part, how his sub- 
 jects, seeing his mature and fit age for marrying, had veiiemently 
 desired, and did not cease to urge him to it, and to choose elsewhere 
 a marriageable wife of full age, which ' our daughter would not be 
 for some years yet': therefore, Charles being desirous to comply 
 with their wishes, the king empowered his ambassadors to retract, 
 rescind, annul and annihilate the contract.'"* 
 
 The pope learnt so early as July 25 (through a letter from Wolsey, 
 to the bishop of Bath), of Charles's inclination to have peace with' 
 France.'" By Wolsey's management the commission of July 6, for 
 which Charles (in contemplation of marriage with Isabella, princess of 
 Portugal) had been urgent, and which Henry supposed had been 
 
 8' Id., p. 56. 89 7^.^ p. g^. 93 2 Robertson's Charles V, Boston edi. 
 
 "» Jd., p. 96. 1857, p. 97. 
 
 9i/(/., p. 97; I Turner's Hen. VIII, « i Turner's Hen. VIII, edi. 1827, 
 
 edi. 1827, p. 428. , p. 452. 
 
 92 Id., p. 449 to 45 1 . 95 /^.^ p. 45 I . 
 
CH. XXX.] 
 
 1509 TO 1546-7'. 
 
 937 
 
 duly received and acted upon, did not reach the commissioners till 
 Sept. 15; being a fortnight after Wolsey had persuaded Henry to 
 make a separate peace with France.'* 
 
 In 1526, in March, Francis entered his own dominions again." He 
 acknowledged that "next to God," his "liberty was only wrought by 
 the king of England."'* From Bayonne he wrote to that king 
 thanking him for his zeal and affection, to which he acknowledged 
 that he owed the recovery of his liberty.'' 
 
 In the memorable incidents of 1527, Wolsey's politics did not ele- 
 vate the character of his government."* Soon after March 7,™ it 
 appeared that the emperor rehed upon Wolsey's services, and offered 
 besides paying him arrears of pension, some "ducats more-"; Wol- 
 sey helping the emperor to get a large sum "paid out of the French 
 king's money.""'' 
 
 *= Id., p. 452 to 454, and p. 457 to 459 ; 
 ^ CoUyer's Engl., p. 181 ; 3 Hume's 
 Engl., ch. 28, p. 152. 
 
 '"2 Turner's Hen. VIII, edi. 1827, 
 
 PP- 4, 5- 
 
 '* Id., p. 6, note 22 ; 2 Robertson's 
 Charles V, Boston edi. 1857, p. 104; 
 Id., p. 113 to 117. The treaty which 
 procured Francis his liberty was signed 
 at Madrid on Jan. 14, 1526. Id., p. 117. 
 When he arrived at the river Andaye, 
 an empty bark was moored in the middle 
 of the stream ; " Lannoy, with eight 
 gentlemen, put off from the Spanish and 
 Lautrec, with the same number from the 
 French side of the river; the former 
 had the King in his boat ; the latter the 
 dauphin and Duke of Orleans ; they met 
 in the empty vessel; the exchange was 
 made in a moment; Francis, after a 
 ■short embrace of his children, leaped 
 into Lautrec's boat, and reached the 
 French shore. He mounted at that in- 
 stant a Turkish horse, waived his hand 
 over his head, and with => joyful voice, 
 crying aloud several times, ' I am yet a 
 King!' galloped full speed to St. John 
 de Luz, and from thence to Bayonne." 
 
 This was on March 18, a year and 22 
 days after the battle of Favia." Id., 
 pp. 121, 122. 
 
 '^ Id., p. 134. There is mention of 
 the demand next day by the Emperor's 
 ambassadors and the reply of Francis. 
 Id., pp. 134, 135 ; — mention of what was 
 done when Lannoy and Alarcon, as 
 ambassadors, repaired to the court of 
 France. Id., pp. 139, 140. 
 
 ™2 Turner's Engl., edi. 1827, pp. 36, 
 37, et seq. ; 2 Turner's Hen. VIII, edi. 
 1827, p. 7 to 17. 
 
 101 Date of letter from Dr. Lee to Wol- 
 sey. Id., p. 38, note 22. 
 
 i"^ 2 Turner's Hen. VIII, edi. 1827, 
 p. 41 to 43. " The English envoy's 
 economy, the effect of the bribe, and the 
 imperial secretary's discrimination and 
 delicacy are tlius" described by Dr. 
 Lee : ' Whereas your grace, in your letters 
 offereth him for attaining of the arrears 
 1,000 ducats thereof, above the yearly 
 pension of i ,000 ducats ; I have offered 
 him nothing thereof. I think if your 
 grace gave him less, the thing succeeding 
 to your expectation, he will be well con- 
 tent ; for that pension is a fair thing, and 
 
938 Reign of Henry VIII [tit. vir 
 
 On May 6 (1527), the Duke of Bourbon was leading his troops to- 
 the walls of Rome, when he fell."' Though he was killed, yet his. 
 troops rushed on the walls, entered the city, pillaged it and beseiged' 
 the pope."* 
 
 " The pope, seeing no effectual succor likely to arrive, on the 6th 
 June concluded his arrangements with the imperial forces, and sur- 
 rendered his protecting castle to their power." — " On the same day 
 he wrote to Wolsey a letter of complaint on his calamitous situa- 
 tion,""' "declaring that his only hope and comfort lay in the cardi- 
 nal's influence with Henry, and in Henry's piety towards him."™ 
 
 " Wolsey, assuming the aspect of devout horror, ordered prayers 
 in every parish church, and fasting for three days, for the deliver- 
 ance of the pope." — He "made a formal speech to the king to excite 
 him to arms in the pope's behalf""' 
 
 " Six days only before Bourbon assaulted Rome, the English gov- 
 ernment" had "signed a treaty" " binding itself to unite with Francis- 
 in demanding his two sons from the emperor for the ransom of two 
 millions of crowns of gold ; and, in case Charles should refuse this 
 offer, to make war upon him, in conjunction with the French king, in 
 the ensuing July." "* 
 
 This treaty roused indignation; even before the hasty engagement 
 of May 29. "' 
 
 " But Henry had now become alarmed at the emperor's predomi- 
 nating power, and interested for the lamenting, soliciting and humble 
 pontiff. On i8th June a power was granted to Wolsey to proceed to 
 France on a special embassy;" — "and Sir Francis Poyntz was sent 
 
 so he taketh it. Ever since the overture ^"^ Id., p. 88 to 96. 
 
 thereof , I have found him another man. ^"^ Id., p. 102. It is mentioned as 
 
 He hath now in reckoning allowed him- remarkable, that one of the soldiers,' 
 
 self the 2,000 ducats behind for Christ- " under the Duke of Bourbon, at the 
 
 mas in 1526, and midsummer in same. sacking of Rome,'' was "Cromwell, 
 
 He said to me, altho' he would not take who succeeded Wolsey as Henry's chief 
 
 it aj^f ««'»», wherein he must have the ^ minister." /</., p. 102. 
 
 Emperor's leave ; yet, he refused not to ^"^ Id., p. 104. 
 
 take it as oi your grace' s reward," Id,, '^"^ Id,, pp. 103, 104. 
 
 p. 43, note 44. 1"* Id,, p. Ill; referring to the treaty 
 
 "'The shot may have been from a in Rymer, Fed. V, 14, p. 218. 
 
 musket aimed at him by Benvenuto Cel- ''" " By which Francis was to march 
 
 lini. Memoir of Cellini, Lond. edi. immediately into Italy with 30,000 men, 
 
 1850, ch. 7, pp. 76, 77. But ' who killed and the English army at the same time 
 
 Bourbon' remains uncertain. 2 Tur- invade the Emperor's Low Countries." 
 
 ner's Hen. VIII, edi. 1827, p. 88, note 2 TTirner's Hen. VIII, edi. 1827, p. 113. 
 82, and pp. 543, 544, note. 
 
CH. XXX.] 1509 TO 1546-7. 939- 
 
 as a new ambassador to Charles to cooperate with the bishop of 
 Tarbes from France.""" 
 
 It was some time before " correct news of the events at Rome" in 
 May was " known in Spain" or to the Emperor. 
 
 " On the 25th of June the full detail having been communicated, 
 Charles sent for the English ambassadors, and made to them a solemn 
 disavowal of his own participation in what had taken place. He 
 lamented the military excesses, but took care to imply a greater 
 regret for the disrespect shewn to the pontiff.""" 
 
 >)iii 
 
 While Francis was a prisoner, marriage was contemplated between 
 him and Charles's sister Eleanora, queen dowager of Portugal."^ 
 
 In 1526 "the English minister" at Paris was instructed to ascer- 
 tain from the lady regent the real intentions of Francis on this sub- 
 ject. He questioned her accordingly. She declared her son's prefer- 
 ence for Mary;" — but she perplexed him by desiring his advice." 
 He said that he "did not doubt but she knew the qualities of the 
 daughter of England well enough, and the difference between her 
 and madam Eleanora;" and he also said he "knew well it was the 
 thing that the king's highness most desired of anything on earth, 
 that this marriage should pass between her son and my lady the 
 princess." — " She thought the second son Henry, duke of Orleans, 
 would be the best person, because England would want a ruler for 
 itself, and residing within it, and therefore the dauphin would not be 
 meet." "' 
 
 The papal minister Gambere wrote Jan. 18, 1526-7, to Wolsey, 'I 
 urged the nuncio in France that with every possible exertion he 
 should exhort his Christian majesty to make a marriage with Henry's 
 daughter.' In a letter from the nuncio afterwards, it is said : 
 
 " His majesty" sent a gentleman of his chamber to procure a pic- 
 ture of her, and within a few days will cause two ambassadors to go 
 to the king of England on this business. These will be the bishop 
 of Tarbes and the president of the parliament of Thoulouse." 
 
 March 2 the bishop of Tarbes arrived in London. Francis having 
 
 "" Jrf., p. 115. pp. 24, 25. Afterwards Sir William 
 
 "'Jc?., pp. 119,120. Fitzwilliam arrived from England with 
 
 "^i Robertson's Charles V, edi. 1857, new directions to press the marriage with 
 
 p. 114 to 120. - Mary." /</., p. 28; referring to letter of 
 
 lis 
 
 2 Turner's Hen. VIII, edi. 1827, Dec. 22. 
 
"940 
 
 Reign of Henry VIII 
 
 [tit. VII 
 
 an eye on Eleanora, the conclusion was that either he or his second 
 son Henry should become Mary's husband."* 
 
 Meanwhile the marital relations of Mary's father and his "scruplea 
 of conscience" were receiving attention."* A philosopher has sug- 
 gested 
 
 That " the light which shone from Anne Boleyn's eyes might have 
 awakened or revived Henry's doubts of the legitimacy of his long 
 union with the faithful and blameless Catharine."."' 
 
 It is proper then to notice the " date of the commencement of 
 Henry's regard for this interesting young woman." "' 
 
 Anne was of an ancient family."" Sir Geoffrey Boleyn's grandson, 
 Thomas, married a daughter of the duke of Norfolk."' Of her 
 daughters, Anne was younger than Mary.'™ The most authentic 
 -accounts of Anne's birth, p'lace it in 1507."' After her mother's death 
 (in 1512)"" Anne resided at Hever castle''^ under the superintendence 
 of a French governess and other instructors. To her father, when 
 
 "* Cavendish, ch. 13, and ch. 14, in 
 Harl. Miscel., p. 5 10 to 525; 6 Collyer's 
 Engl., pp. 187, 188; 3 Hume's Engl., 
 pp. 159, 160; 6 Lingard's Eagl., ch. 3, 
 p. 117. The text accords with 2 Tur- 
 ner's Hen. VHI, edi. 1827, p. 56 to 58. 
 
 ^'5 In 1524, " Cardinal Wolsey, by his 
 legantine mandate, published a bull of 
 the Pope's against those that contracted 
 marriage within the forbidden degrees." 
 I Harl. Miscel., edi. 1808, p. 183. 
 Simon Grineus says, in a letter of Sept. 
 10, 1531, "The King had declared to 
 him that he had abstained from Queen 
 -Catharine /£>/- seven years'" upon scruples 
 of conscience." Jrf.,p. 184. 
 
 "^2 Mackintosh's Engl., Phila. edi. 
 1831, p. 130. It was a misfortune — but 
 not Catharine's fault — that her health 
 was delicate — her spirits lost their buoy- 
 ancy — and " her existence was in a very 
 precarious state from 1523 to 1526." 
 Miss Strickland's Queens of Engl., 
 Phila. edi. 1857, vol. 4, p. 95. 
 
 "'2 Turner's Hen. VIII, edi. 1827, 
 
 p. 194. 
 
 "* Jd., ch. 21, pp. i5i, 162. 
 
 "»Sir H. Ellis's 3d series of Grig. 
 Let., vol. 3, p. 21 to 23; Miss Strick- 
 land's Queens of Engl., vol. 4, pp. 123, 
 124. 
 
 1™ One of the Queen's maids of honour. 
 The Queen, noticing the King's admira- 
 tion for her, conversed with her on the 
 subject; she (Mary) on Jan. 31, 1521, 
 married her lover, William Carey. Id., 
 pp. 93, 94, and p. 180; 6 Lingard's 
 Engl., ch. 3, p. no, note. 
 
 >2i I Turner's Hen. VIII, edi. 1827, 
 pp. 182, 183 ; Green's Hist, of Engl. 
 Peop., book 5, ch. 3, vol. 2, p. 133. 
 
 122 Miss Strickland's Queens of Engl., 
 vol. 4, p. 125. She was buried at Lam- 
 beth church, in the chapel of her kin- 
 dred, the Howards. Ibid. 
 
 "3 In Kent county. Hever is 29 miles 
 from London, and 7 from each of three 
 other places, to wit : Tunbury, Wester- 
 ham, and Seven Oaks. 
 
CH. xxx.J 1509 TO 1546-7. 94L 
 
 he was away from home, she wrote in EngHsh and in French. When 
 he expressed a desire for her to appear at court, and told her that the 
 Queen would condescend to converse with her, she replied: "At this 
 I rejoice, as I do, to think that conversing with so sensible and ele- 
 gant a princess will make me even more desirous of continuing to 
 speak and to write good French." Anne, as the fourth of the maids 
 of honour to the king's sister, Mary, had a place near the person 01 
 the royal bride at the grand ceremonial (August 13, 1514,) upon the 
 occasion of the espousal of that princess to Louis XII of France in 
 the church of the Grey Friars, Greenwich. Anne was in attendance 
 upon her to and at Dover ; and at the embarcation was encouraged 
 by the presence of her father, her grandfather (the duke of Norfolk) 
 and her uncle (the earl of Surrey), who were associated in the honour 
 of delivering the princess to the King of France. On Octo. 9 Anne 
 was an assistant at the nuptials solemnized in the church of Abbe 
 ville. Next day she and two other ladies were the only exceptions to 
 the general order of the King for the dismissal and return to Eng- 
 land of all the Queen's attendants. After the death of Louis XII 
 Anne did not return to England with Queen Mary, but entered the 
 service of Queen Claude, (daughter of Louis, and first consort of 
 Francis I,) an amiable and excellent woman; and subsequently 
 exchanged that service for the household of Margaret (sister of 
 Francis I), who was duchess of Alencon, and afterwards queen of 
 Navarre. Anne's return to England is mentioned by some as in 
 1522,"* but Mr. Turner places it in 1527, and says, "there is not the 
 least evidence that she came to it earlier." "^ 
 
 " The first time Henry saw her, after her return to England, was 
 in her father's garden at Hever, where it is said he encountered her 
 by accident, and admiring her beauty and graceful demeanour, he 
 
 ^^6 Lingard's Engl., ch. 3, pp. ill, Anne into her family; that the duchess- 
 
 li2,andnotes; Miss Strickland's Queens became a widow in the spring of 1525, 
 
 of Engl., vol. 4, p. 125 to 132; p. 138 and married the King of Navarre Jan. 
 
 and p. 215. 24, 1527; and he supposes that this inci- 
 
 •^2 Turner's Hen. VIII, edi. 1827, dent, taking her from Paris, may have 
 
 p. 185. Mr. Turner says that CUude been the occasion of Sir Thomas Boleyn 
 
 died July 20, 1524; that on her death calling his daughter into England. Id.^ 
 
 Margaret, Duchess of Alencon, took pp. 184, 185. 
 
^42 Reign of Henry VIII [tit. vii 
 
 entered into conversation with her, when he was so much charmed 
 with her sprightly wit that on his return to Westminster he told Wol- 
 sey ' that he had been discoursing with a young lady who had the 
 wit of an angel and was worthy of a crown.' ""^ 
 
 Wolsey is said to have been " the first person who suggested Anne 
 Boleyn's appointment as maid of honour to the Queen.""' The 
 King "soon became secretly enamoured of her."'** 
 
 To adjust a dispute between Sir Thomas Boleyn and Sir Piers 
 Butler, there had been contemplated a matrimonial alliance between a 
 daughter of Sir Thomas and the heir of his opponent ; but Anne's 
 affection was not for such alliance. The earl of Northumberland 
 had, while his eldest son, Henry, lord Percy, was yet a boy, destined 
 him for a daughter of the earl of Shrewsbury; but to this Henry 
 Percy exhibited great reluctance. There has been a belief that 
 Anne became the object of his exclusive attention; that between 
 them there wal a strong attachment, and perhaps a mutual promise 
 of marriage ; and that he was the only man whom she ever loved. 
 King Henry's selfishness led him to charge Wolsey to take steps for 
 a separation of these lovers ; such steps were taken and they were 
 countenanced by the father of Henry Percy to the great dissatisfac- 
 tion of him and Anne. He was banished the court, commanded to 
 a\oid Anne's company and compelled to marry Lord Shrewsbury's 
 daughter, Lady Mary Talbot. It has been supposed that this mar- 
 riage was definitely concluded upon September 12, 1523; that it 
 took place soon afterwards ; and that Anne was then discharged from 
 the Queen's service."^ 
 
 Such a supposition is inconsistent with the fact that Anne was in 
 France with Queen Claude, who did not die till January 30, 1524. 
 Mr. Turner, referring to Cavendish's account of Wolsey's interview 
 with Percy and his father,™ says: "This interview fixes the begin- 
 ning of Henry's regard for Anne to have been before the middle of 
 May, 1527"; and "there is no evidence that it preceded the spring of 
 
 ™ Miss Strickland's Queens of Engl., ch. 9, 4 Harl. Miscel., pp. 503 to 505 ; 
 
 vol. 4, p. 132. 6 Lingard's Engl., ch. 3, pp. 112, 113. 
 "'/(/., 132. 128/^.^134. 130 Ch. 9, 4 Harl. Miscel., edi. 1809, 
 
 '/(^., p. 132 to 138; Cavendish, p. 503 to 505. 
 
 129 , 
 
■CH. XXX.J 1509 TO 1546-7. 943 
 
 1527." Admitting, according to Cavendish, that Anne "was for a 
 time discharged the court and sent home to her father,'' Mr. Turner 
 considers this was in the spring of 1527."^ 
 
 Henry Percy "succeeded to the earldom of Northumberland on 
 the death of his father, 1526-7.""'' Anne's father had been raised in 
 rank and office."^ There is reason to think that " Anne would rather 
 Jiave been Percy's countess than Henry's queen." ^^* 
 
 It is interesting to read particulars of Anne's dignified answer to 
 the first solicitations of the ' most mighty king.' "° 
 
 "In whatever expressions this accomplished lady conveyed her 
 resolution, the fact is admitted by all that she resisted the king's im- 
 portunities and by this conduct raised herself immediately to a dis- 
 tinction amid the higher titled females of his court."™ 
 
 The King paid an unexpected visit to Hever castle, where Anne 
 ~was residing with her father and step- mother. But Anne "took to 
 her chamber, under pretence of indisposition, on Henry's arrival at 
 the castle and never left it till after his departure." '" It may be 
 inferred that afterwards there was explanation. 
 
 "The Boleyns made" Hever "their principal residence; and it 
 was here that the" king, "during the halcyon days of courtship, is 
 said to. have spent some of his happiest days. Tradition states that 
 on his visits to the castle he would wind his buglehorn as soon as he 
 came within sight of its towers, in order to announce his approach." '^* 
 
 It is said the King's affection for Anne was ' long concealed. '"' 
 But, in 1527, when he gave to the French ambassadors a magnificent 
 
 ™2 Turner's Hen. Vm,edi. 1827. i35(From Sloan MS., No. 2495,) 
 
 '''Miss Strickland's Queens of Eng- 2 Turner's Hen. VIII, edi. 1827, ch. 21, 
 
 land, vol. 4, p. 138. pp. 195, 196; Miss Strickland's Queens 
 
 ^^ Miss Strickland mentions that on of Engl., vol. 4, p. 139. 
 
 Junei8, 1525, the King advanced Anne's '*'2 Turner's Hen. VIII, edi. 1827, 
 
 father to the peerage by the style and p. 196. 
 
 title of the viscount Rockford," and be- '"6 Lingard's Engl., ch. 3, p. 113; 
 
 stowed on him the high office of treasurer Miss Strickland's Queens of Engl., vol. 
 
 of the royal household; and appointed 4, pp. 138, 139. 
 
 William Carey, the husband of Mary i*' 5 Dugdale's Engl, and Wales, 
 
 Boleyn, a gentleman of the privy cham- p. 960, tit. Hever. 
 iber." /d., pp. 138, 139. . "'Miss Strickland's Queens of Eng- 
 
 '^ Id., p. 140. land, vol. 4, p. 150. 
 
944 Reign of Henry VIII [tit. vu 
 
 entertainment at Greenwich (4 Harl. Miscel. 524), and in the eveningf 
 
 there was dancing, " Henry's partner was Anne Boleyn." Whether 
 
 this was on May 5,"° or not till after Octo. 20, may admit of question. 
 
 The instructions of March, 1526, drawn by Wolsey, and signed by 
 
 * 
 
 Henry, contain directions to the ambassadors (Sir Thomas Cheyney 
 and others) to "deliver the king's letters unto the duchess of Alencon,. 
 making his grace's hearty recommendations.'" Sir Thomas Boleyn, 
 on his return to England with his daughter Anne, early, in 1527^ 
 brought with him the portrait of this widowed duchess for the King's 
 consideration."^ It was supposed in England, in 1527, that Wolsey 
 was negotiating for marriage of the King with a lady of the French 
 court — the duchess of Alencon or Rhene, sister of the deceased 
 queen Claude ; '*" and was corresponding with those whom the King 
 had sent to the pope to represent the " condition of himself, his issue 
 and kingdom, and to solicit the pope for a license to marry.'" In 
 July, perhaps in June (1527), matters between the King and Queen"^ 
 were such as made her seek counsel from a friend."® It was indeed 
 in that summer said by, or for, the King, that he " hath nothing 
 intended nor done, but only for the searching and trying out the 
 truth.""' But this did not prevent it being "generally reported in 
 the metropolis that the queen was to be divorced, and that " Wolsey 
 was going to the continent to concert a marriage between Henry 
 and" a lady in France."" 
 
 "State Papers, Hen. VIII," contain letters from Wolsey to the 
 
 "»/(/., p. 142; 6Lingard'sEngl., ch.3, citing State Papers Hen. VIII, vol i, 
 
 p. 118; 2 Mackintosh's Engl., p. 131. p. 198. 
 
 "I2 Turner's Henry VIII, edi. 1827, '«6 Lingard's Engl., ch. 3, pp. 120, 
 
 ch. 16, p. 10, and ch. 20, p. 134. 121 ; Miss Strickland's Queens of Engl., 
 
 "2 Miss Strickland's Queens of Engl., vol. 4, p. 97 ; 2 Mackintosh's Engl., 
 
 vol. 4, p. 141 ; citing Stowe. p. 302 to 305 ; citing State Papers Hen. 
 
 "3 2 Turner's Hen. VIII, p. 133 to VIII, vol. i, p. 194 to 198. Mr. Turner 
 
 140; Miss Strickland's Queens of Engl., says: " That he entered into the ques- 
 
 vol. 4, p. 142. tion only to learn the truth is a fact, 
 
 1" I State Tr., p. 301. which the evidence supports; but his 
 
 "5 1 Harl. Miscel., p. 184 ; 4 Id., wish for its ending in a divorce became, 
 
 530; 6 Lingard's Engl., ch. 3, p. 118, in time, a predominant passion." 2 Tur- 
 
 and note on p. 130. ner's Hen. VIII, edi. 1827, p. 163. 
 
 i«2 Mackintosh's Engl., p. 304; i*^ /</., p. 133. 
 
CH. xxx.J 1509 TO 1546-7. 945 
 
 King of his ' secret matter' — the projected divorce ; Wolsey saying, 
 July I, "there is nothing earthly that I covet so much as the ad- 
 vancing thereof.""^ 
 
 On July 3 Wolsey "began his stately and mysterious embassy to 
 the court of France." '°° "He was permitted, to his own delight, to 
 give his embassy as much royal state and splendor as a subject could 
 warrantably assume."'"' But "the lady regent instantly made it a" 
 "point that "he should not enter France further than Amiens." '^^ 
 
 Whatever was her motive, there was on his part not 'moder- 
 ation' '** but ambitious display all the way.'^* 
 
 "It was not till the third day of August that Francis came to 
 Amiens, and Wolsey on the next day proceeded from Picquigny to 
 meet him; but Francis unexpectedly advancing from the town to- 
 wards him, before he had put on that state dress in which he chose 
 to be seen by the king, he dismounted hastily, into a little chapel by 
 the road side, to decorate himself in richer apparel, and to mount a 
 new mule, superbly trapped in velvet, pearled with gold, with deep 
 golden fringes, silver stirrups, and gold-embossed bridle, making his 
 appearance a gorgeous display of glittering splendor." '" 
 
 On Aug. 18 was signed the treaty of federation, settling the sums 
 to be paid by Henry towards the war, and stipulating that the duke 
 of Orleans should marry Mary, and Francis be at liberty to marry 
 Eleonora. 
 
 There "was another treaty, by which the two governments de- 
 clared that the pope while a prisoner could convoke no general 
 
 '** Vol. I, p. 194, is cited in 2 Mackin- tion to his craving vanity.'' Id.', p. 123. 
 
 tosh's Engl., Phila. edi. 1831, pp. 302, i^' A French King's counsellor " being 
 
 303. asked by his Sovereign, as he was re- 
 
 '^2 Turner's Hen. VIII, edi. 1827, tiring from the court, to leave him some 
 
 pp. 120, 121. Mr. Turner says: " As it general rules for the best government of 
 
 was really his arm and soul that wielded his kingdom, took a paper and wrote on 
 
 the military power of England, the two its top, ' Moderation' — in the middle 
 
 great rivals in Europe were emulous to ' Moderation' — and at the bottom the 
 
 discover a bribe that would be large same emphatic, wise and friendly admo- 
 
 enough to affect him." Id., p. 121. nition.'' Id., pp. 126, 127. 
 
 ''•/(/., p. 123. i^* Cavendish, 4 Harl. Miscel., edi. 
 
 •"^"A boundary that, withholding 1809, p. 511 to 516. 
 
 him from the stare and expected accla- '^^^2 Turner's Hen. VIII, edi. 1827, 
 
 mations of the Parisians' and the rest of. p. 123 to 126. 
 France, could not be a welcomed restric- 
 60 
 
946 Reign of Henry VIII [tit. vii 
 
 councils; that all bulls and briefs he might issue during his captivity- 
 should be deemed null if to the prejudice of either of the sovereigns, 
 or of Wolsey's legation ; that Wolsey might assemble the English 
 clergy, and with the bishops regulate all ecclesiastical affairs in the 
 dominions of England; and that the pontiff" should be requested to 
 appoint the cardinal his vicar general in all the countries held under 
 the English crown." '^° 
 
 The contemplated divorce of Henry from Katharine occupied 
 much of Wolsey's thoughts upon his journey to France. He writes 
 to the King July 5 : 
 
 "The first night" "I lodged at Sir John Wiltshire's house,"' where 
 met me my Lord of Canterbury, with whom after communication 
 had of your secret matter and such other things as have been hith- 
 erto done therein, I shewed him how the knowledge thereof is come 
 to the Queen's Grace and how displeasantly she taketh it, and what 
 your highness hath done for the staying and pacification of her; 
 declaring unto her that your Grace hath hitherto nothing intended, 
 nor done, but only for the searching and trying out of the truth, pro- 
 ceeding upon occasion given by the French party, and doubts moved 
 therein by the Bishop of Tarbe." '^ 
 
 Under the caption interview with Bishop Fisher, in the same letter, 
 is a statement that of late was sent to him from the Queen a message 
 that there were matters between the King and her wherein she 
 would be glad to have his counsel ; and to a question put by "Wolsey 
 ■whether he had ' any conjecture or knowledge what the matter should 
 be, he answered, 'That by certain report and relation he knew 
 nothing ' ; but ' upon conjecture, rising upon such things as he had 
 heard, he thinketh it was for a divorce to be had between your high- 
 ness and the Queen.' Whereupon Wolsey said unto him that 
 although " your highness was minded not to disclose the same to 
 
 '^^^ Id., p. 126 to 128. Tarbes, was one of those" " on an em- 
 
 1" Sir John died Dec. 28, 1526, bassy from France in the spring of 1527." 
 
 2 Fuller's Worthies, p. 179. Caven- 2 Mackintosh's Engl., Phila. edi. 1831, 
 
 dish's words are " two miles beyond Appendix, p. 303 ; citing " State Papers 
 
 Deptford" (Dartford), " in Kent, to Sir Hen. VIII," vol. I, p. 196. The Bishop 
 
 Richard Wiltshire's house." 4 Harl. of Tarbes landed at Dover Feb. 26, 
 
 Miscel., p. 511, edi. 1809. At Dartford, 1526-7 ; and, on May 5, took his leave. 
 
 15 miles from London, and 6 from It is stated that he went to France in the 
 
 Gravesend, " Henry VIII fitted up the spring, and was in England again before 
 
 buildings as a royal palace." 3 Dug- May 5. 2 Turner's Hen. VIII, edi. 
 
 dale's Engl, and Wales, p. 587. 1827, pp. 142, 143, and note 38. 
 158 II Gabriel de Grammont, Bishop of 
 
CH. xxx.J 1509 TO 1546-7. 947 
 
 many, but as secretly to handle it as might be, and therefore did 
 communicate it to very few, yet now" "your highness had given me 
 special commission and charge to disclose the same unto him, taking 
 an oath of him to keep it close and secret, and to show his mind and 
 opinion what he thought therein. After the which oath taken," 
 matter was disclosed as stated in the letter. ^^' In passing from Calais 
 thro' Bologne and Montreal, Wolsey had but a day's short rest at 
 each; but he stayed almost a fortnight at Abbeville.™ Thence 
 was written the letter of July 29, wherein Wolsey mentioned his 
 " daily and hourly musing and thinking on " the King's " great and 
 secret affair " and considers " how the same may come to good 
 effect and desired end, as well for the deliverance of your Grace out 
 of the thralled, pensive and dolourous life that the same is in, as for 
 the continuance of your health and the surety of your life and suc- 
 cession." ^" Wolsey wrote to the King from Amiens in August, on 
 the nth,'"'' and the i6th. On the latter day he says, 
 
 " There is little or nothing more to be capitulated or treated with 
 the French king, unless it be the opening oi your secret matter ; the 
 disclosing whereof I purpose to defer till I shall be at the point of 
 my departure ; handling the same after such a cloudy and dark sort, 
 that he shall not know your grace's utter determination and intent in 
 that behalf, till your highness shall see to what effect the same will 
 be brought.""' 
 
 The King delivered to Secretary Knight (afterwards bishop of 
 Bath and Wells) this letter, and commanded him to give Wolsey "his 
 most hearty thanks for abiding a time convenient before that" he 
 "discover any part of the said secret unto the French king.'""* 
 
 '^ Id. (2 Mackintosh), p. 304 to 306; pp. 306, 307; citing ' State Papers Hen. 
 
 citing " State Papers Hen. VIII," vol. i, VIII,' vol. i, p. 230. 
 
 p. 198. "'/</. (2 Mackintosh), pp. 307, 308; 
 
 160 2 Turner's Hen. VIII, edi. 1827, citing ' State Papers Hen. VIII,' vol. i, 
 
 p. 158. " Touching the going of Francis p. 230; 2 Turner's Hen. VIII, edi. 
 
 Phillippes into Spain, Wolsey wrote to 1827, pp. 137, 138. 
 
 the King July 19, "Your highness ^^"^ Id. (2 Mackintosh); citing 'State 
 
 taketh it surely in the right, that it is Papers Hen. VIII,' vol. I, p. 254. 
 
 chiefly for disclosing of the secret matter '^^ 2 Turner's Hen. VIII, edi. 1827, 
 
 unto the Emperor, and to devise ways pp. 158, 159. 
 
 and means how your intended purpose ^^ Sir H, Ellis's 3d series of Orig. 
 
 might be impeached." 2 Mackintosh, Let., vol. 2, p. loi ; 6 Lingard's Engl., 
 
948 Reign of Henry VIII [tit. vii 
 
 Wolsey had previously written the King as to " conducting of your 
 secret matter to the desired end," and said, ''which to bring to pass 
 is my daily study and most inward desire.""^ 
 
 On Sept. 2, Wolsey went 20 miles to Compiegne; the French 
 king, the Lady Louise (the regent) and others (ladies and nobles) 
 of the French court were there. Sept. 13', in a letter from Com- 
 piegne, Wolsey mentions a protestation and commission as two of 
 the documents which he had advised and prepared.'" Mr. Turner 
 considers, 
 
 "There is" "in this letter" an indication "that some divergency of 
 opinion was arising between him and the king, on some part of the 
 subject.'"" 
 
 All of what has so far been stated as to Wolsey had occurred 
 " befof e he knew that the king had selected Anne Boleyn to be the 
 queenr'^^ 
 
 " Wolsey left Compiegne after the middle of September, arrived at 
 Boulogne on the 21st, and hastened to England with such little delay 
 that on 9th October he was able to write to the king from Hampton 
 court." '«" 
 
 Cavendish's 14th chapter is ' Of the French Ambassador's enter- 
 tainment and dispatch.' ''" He says : 
 
 "After this began new matters" — "viz., the long concealed affec- 
 tion of the King to Mrs. Anne Bullen now broke out which his 
 majesty disclosed to the cardinal, whose often persuasions, on his 
 knees, took no effect.""' 
 
 This breaking out oi "the long concealed affection,'' was in 1527^ 
 and Mr. Turner thinks was after Octo. 20.'" 
 
 ch. 3, pp. 124, 125 ; Letters of Sept. 13, "^He says: "It was on the 20th of 
 
 1527, Jan. 9, and Jan. 13 (1528) in I October that the complimentary ambas- 
 
 State Tr., pp. 301, 302. sadors from France visited England with 
 
 165 2 Turner's Hen. VIII, edi. 1827, the order of St. Michael, and were 
 
 p. 159. splendidly feasted by Henry." 2 Tur- 
 
 i««2 Turner's Hen. VIII, edi. 1827, ner's Hen. VIII, edi. 1827, p. 173; 
 
 p. 128, and pp. 158, 159. 6 Lingard's Engl., ch. 3, p. 114, and 
 
 iS'/aT., pp. 159, 160. note (D) on p. 384; I Campbell's Lives 
 
 i6« Id., p. 138. 16' Jd, p. l6l. of Chancellors, ch. 28, p. 483 of vol. I 
 
 i™4Harl. Miscel., edi. 1809, p. 521 to edi. 2 (1846), p. 450 of Boston edi. 
 
 525. "1 Id., p. 526. 1874. 
 
•CH. XXX.] 1509 TO 1546-7. 949 
 
 The cardinal's "often persuasions on his knees " taking no effect, 
 he, with leave of the king, sent out commissions for an assembly 
 before him at Westminster of bishops and learned men of both uni- 
 versities and divers cathedral colleges. This assembly parting with- 
 out any resolution, the king sent commissioners to universities in 
 and out of England, to bring thence opinions under seal. Those 
 opinions and the opinions of prelates of England, were sent to the 
 
 pope.™ ' 
 
 « 
 "As December began, Wolsey found that the omnipotence of his 
 power of persuasion or command had ceased upon Henry. He 
 ■combatted against the attractions of Anne only to be so nignally 
 defeated as to see no safety to himself, but by encouraging what he 
 wished to have prevented.""* 
 
 Stephen Gardner, doctor of law, and secretary to Wolsey, and 
 Edward Fox, provost of King's College in Cambridge, receiving 
 their instructions in Feb., repaired to France and then to Italy, com- 
 ing to Orvieto where the Pope then was."* 
 
 The King's love letters to Anne"" make a part of the Codices Vati- 
 cani No. 3731."' It is observed that 
 
 " Few love letters, so unexpectedly betrayed to the public eye, will 
 bear so close a scrutiny. Their respectful language is an irresistible 
 attestation of Ann Boleyn's virtue, and of the impression it had 
 made upon her royal admirer." "* 
 
 The King having co-operated with some of his ablest prelates to 
 
 "'Ch. 15 of Cavendish in 4 Harl. gard's Engl., ch. 3, p. 157, «oif«. 
 Miscel., pp. 526, 527 ; 3 Hume's Engl., "' " Mr. Gunn has given the most 
 
 <;h. 30, p. 184. complete edi. of them (being 17) in the 
 
 "*2 Turner's Hen. VHI, edi. 1827, Pamphleteer, No. 42 and 43, correctly 
 
 pp. 174, 175. 2 Burnet, p. 7, is cited copied from the autographs in the Vati- 
 
 for the instruction of Dec. 5 to Cassalis. can palace." 2 Turner's Hen. VHI, 
 
 ^'^ State Tr., pp. 302, 303 ; 6 Lingard's ch. 23, p. 227, note 2. Observing that 
 
 Engl., ch. 3, pp. 132, 133. They left "most of these letters are in French," 
 
 England Feb. 10, and arrived at Orvieto Mr. Turner says the translation in Id., 
 
 March 20. 2 Turner's Hen. VIII, edi. p. 228, et seq., is "made as close as pos- 
 
 1827, p. 2og, note 6. sible." Of No. 4 and No. ii a transla- 
 
 1'^ Numbered i to 17 in i Harl. Miscel., tion is in Scoones's Engl. Letters, N. V. 
 
 edi. 1808, p. 189 to 199. Dr. Lingard's edi. 1880, p. 15 to 17. 
 idea of the times at which the seventeen 1™ Id., p. 228. 
 
 were respectively written, is in 6 Lin- 
 
950 Reign of Henry VIII [tit. vii 
 
 comprise, in a small book, the most forcible arguments for his divorce, 
 sent it to the pope. In his letter in i Harl. Miscel., p. 198 (Letter 
 xvi), are the words : " My book maketh substantially for my mat- 
 ter in writing whereof I have spent above four hours this day." The 
 fact that the book was presented to the pope in the latter part of 
 March, 1528, is regarded by Mr. Turner as "leading near to the true 
 chronology " of the letter, which seems to him " to be the earliest 
 from the king to his favorite subject."™ 
 
 The bull of April 13, 1528, was not made use of; there was a neW 
 commission of June 6, appointing the Cardinals Wolsey and Cam- 
 pegio (an Italian) joint legates to judge the marriage.'*" 
 
 During the pestilence (called the sweating sickness),'^' Henry was 
 pleased that Anne should be carried to Hever."' In this retirement 
 he sent her the letter in the latter part of which are these words : 
 
 " Seeing that I cannot be personally in your presence, I send you 
 the nearest thing to it which I am able, my picture set in bracelets, 
 with the device that you already know, wishing to be in their place 
 wherever you shall please." '* 
 
 His next letter to her begins thus : 
 
 " Because the time seems to me to have been very long since I have 
 heard of your good health and you, my great affection for you per- 
 suades me to send to you the bearer of this, to be better assured of your 
 health and wishes. And as since my parting with you I am told that 
 the opinion in which I left you is entirely changed, and that you wiU 
 not come to court neither with my lady, your mother, nor otherwise; 
 if this report be true, I cannot enough wonder at it, as I am certain 
 that I never committed a fault towards you, and it is but a small 
 return for the great love I bear you, to keep from me both the con- 
 versation and the person of that woman whom I most esteem in the 
 
 ™2 Turner's Hen. VIII, edi. 1827, >82 5 Lingard's Engl., ch. 3, p. 139; 
 
 p. 229 ; 5 Lingard's Engl., ch. 3, p. 123. Miss Strickland's Queens of England, 
 
 i™i Harl. Miscel., edi. 1808, pp. 185, vol. 4, p. 146. He is spoken of as 'for 
 
 186; 6 Lingard's Engl., ch. 3, p. 133 to a time returning to the company and 
 
 139. At Viterbo was given the commis- conversation of his Queen.' Id., pp. 
 
 sion of June 6, and the pollicitation of 97, 98. 
 
 July 13, (1528.J They are in i State ^s^ No. i, in i Harl. Miscel., edi. 1808, 
 
 Tr., p. 304 to 306, and p. 317 to 319. pp. 189, 190. The words in .the text 
 
 ^*' In London, and some other parts of are from 2 Turner's Hen. VIII, edi. 
 
 England in May, and stated to have 1827, p. 230. 
 raged violently in June. 
 
CH. XXX.] 1509 TO 1546-7. 951 
 
 world. If you love me with as good an affection as I hope for, I 
 am sure that the separation of our persons must be a little unpleasing- 
 to you."^'* 
 
 In ' letter iii ' '^ Henry says, 
 
 " My uneasiness, from the doubt of your health, greatly troubles 
 and distracts me. I cannot be tranquil without knowing some cer- 
 tainty about it ; but as you have as yet felt nothing from it, I hope 
 and keep myself assured that it will pass away from you, as I trust 
 it has from us. While we were at Waltham,'*' two ushers, two valets 
 de chambre and your" frere, mestre tresore,'^^'' "fell sick, but are 
 now quite well. We have since been at Hunsdon, where no disease 
 occurred. I think if you would retire from " dti lieu Surye}^ " as 
 we did, you will escape the danger. Another thing may comfort 
 you : that indeed few or no women have had the disease, and none 
 in our court, and few elsewhere have died of it. Therefore I entreat, 
 my entirely beloved, to have no alarm, nor to let our absence dis- 
 please you ; for wherever I may be, I am yours.' " — " Cheer yourself, 
 and take courage, and avoid the evil as much as you can. I hope 
 soon to cause you to sing 'le renvoy6.'" — "I wish you were in my 
 arms to divest you of some of your unreasonable fancies." '*' 
 
 This letter is supposed "to have been writ in July.""" Anne's ill- 
 ness is the subject of a letter expressing anxiety."^ 
 
 " The malady, in July, attacked both her and her father, and also 
 the ambassador, whose dispatches record the fact. Henry, more 
 alarmed, removed with his queen farther off, increased his precau- 
 tions, and confessed every day. Wolsey became as apprehensive 
 and as cautious,''^ while his household suffered for it." "^ 
 
 Letter iv, '**" supposed to have been written in August," "° begins 
 thus : 
 
 ^^Id., pp. 230, 231; No. 2, in I Harl. malady and abode at Hever are men- 
 
 Miscel., edi. 1808, p. 190. tioned also in letter xiii, p. 197. 
 
 1*^1 Harl. Miscel., p. 191. '9' Marked No. 12 in /d., p. 196; a 
 
 i^(In Surrey county,) distant from transfation of it is in 2 Turner's Hen. 
 
 London 16 miles. VIII, edi. 1827, pp. 236, 237. 
 
 '8' Translated "brother, master treas- ^^ Id., p. 236. Mr. Turner there, in 
 
 urer,' in I Harl. Miscel., 191 ; 'friar, note 18, says: " It is in his letter of 21st 
 
 master Jerenere,' in 2 Turner's Hen. July that Bellay mentions these circum- 
 
 VIII, edi. 1827, p. 235. stances; she had then recovered;" 
 
 186 Translated 'from the Surrey side' citing Le Grand, 3 p. 152. 
 
 in I Harl. Miscel., 191; 'from Surry' ™ Jd, 145. 
 
 in 2 .Turner's Hen. VIII, edi. 1827, "* /a?., pp. 191, 192; Scoones's Engl. 
 
 p. 236. • Letters, N. Y. edi. 1880, pp. 15, l6. 
 
 ^^ Id., pp. 235, 236. ws-phe writer of this supposition con- 
 
 ^■1 Harl. Miscel., p. 187. The siders this "the most important in all 
 
952 Reign of Henry VIII [tit. vii 
 
 " Debating with myself the contents of your letters, I am in a great 
 agony from not knowing how to understand them, whether to my 
 disadvantage, as some places indicate, or to my advantage, as I 
 would infer from others. I earnestly entreat you to certify to me 
 expressly your whole intention as to the love which is between us. 
 Necessity compels me to obtain this answer, as I have been vtore 
 than a year struck with the dart of love^^ and I am not yet sure 
 whether I shall fail or find a true affection placed in your heart." — 
 " If it shall please you to do the office of a truly loyal mistress and 
 friend, and to give yourself body and heart to me, who am and have 
 been your most loyal servant, unless by your rigour you shall forbid 
 it, I promise you that not only the name shall be your due but I will 
 also take you for my sole mistress." '°' 
 
 Observations in i Harl. MisceL, edi. 1808, p. 187, support the view 
 that neither in the garden of Hever nor anywhere else had Anne been 
 observed by Henry before her return to England with her father in 
 the early part of 1527; — that 1527 was the year in which, by her,, he 
 •was ' struck with the dart of love.' Her answer to letter iv greatly 
 rejoiced him. In letter No. v™ he says: 
 
 " For a present so charming that nothing on the whole could be 
 more so, I most cordially thank you, not only for the fine diamond 
 and the ship in which the solitary damsel is in such distress,'** but 
 principally for the sweet interpretation and too humble submission 
 used in the case by your benignity." — "The demonstrations of your 
 affection are such — the sweet words of your letter are so cordially 
 expressed — as to lay me under an obligation forever truly to honour, 
 love and serve you. I entreat you to please to continue in the same 
 firm and constant purpose."™ 
 
 Now, both Henry and Anne were contemplating that Katharine 
 
 ths coWectxon, ior it fixes the time when understand that he had seen her some 
 
 his affection to Anne Boleyn began.'' time before he was at all in love with 
 
 I Harl. Miscel., p. 187. her." Id., p. 187. 
 
 156 xhe writer just mentioned observes '"2 Turner's Hen. VIII, edi. 1827, 
 of Henry, "thai he pleads all the merit ch. 23, pp. 231, 232. 
 that a long attendance could give him ; ^^^ I Harl. Miscel., pp. 192, 193. 
 and therefore if, instead of a year, he '^^2. Turner's Hen. VIII, edi. 1827, 
 could have called it a year and a half, or pp. 232, 23. " The picture of a young 
 two years, he would certainly have done maiden in danger from a tempest, deli- 
 it, to make his argument the stronger." cately hinted the perils of her own situ- 
 He concludes, " from the same words, ation from his preference under the cir- 
 that he had not then known her much cumstances which entangled him." Id., 
 above half a year; for it would have p. 232. 
 been an ill compliment in him to let her ''^ Id. 
 
CH. XXX.] 1509 TO 1546-7. 953 
 
 would cease to be, and Anne would become, Henry's wife ; and were 
 anxiously looking for the arrival of the legate Campegio and some 
 proceedings.''"' Wolsey, with the co-operation of Anne's father, 
 arranged as to the place for Anne when again at court.™'' Her return 
 is mentioned by the French ambassador. On Aug. 20, he wrote to 
 his court: 
 
 " Mile, de Boulan has returned to the court. I believe the King 
 to be so infatuated with her that none but heaven could dispossess 
 him of his passion.''™^ 
 
 Speaking of Henry's soliciting the pope for a divorce from Katha- 
 rine, Dr. Robertson says : 
 
 " Several motives combined in prompting the king to urge his 
 suit As he was powerfully influenced at some seasons by religious 
 considerations, he entertained many scruples concerning the legiti- 
 macy of his marriage with his brother's widow; his affections had 
 long been estranged from the queen, who was older than himself, and 
 had lost all the charms which she possessed in the earlier part of her 
 life; he was passionately desirous of having male issue; Wolsey art- 
 fully fortified his scruples, and encouraged his hopes, that he might 
 widen the breach between him and the emperor, Katharine's nephew ; 
 and what was more forcible perhaps, in its operations than all these 
 united, the king had conceived a violent love for the celebrated Anne 
 Boleyn, a young lady of great beauty, and of greater accomplish- 
 ments, whom, as he found it impossible to gain her on other terms, 
 he determined to raise to the throne."™' 
 
 Now, it might appear to Wolsey that on the subjection of Italy 
 to the emperor, the pope's condition precluded hope of obtaining 
 from him the divorce which Henry desired. Wolsey made his last 
 effort to turn the king's mind from Anne, and suggested that the 
 
 ™i Letters to Wolsey in I Harl. Miscel., ^"^ Letters vii and viii in I Harl. 
 
 199,200; Scoones's Engl. Letters, N. Y. Miscel., pp. 193, 194, and letter xi. 
 
 ■edi. 1880, pp. 17, 18; Letter vi in pp. 195, 196; Letters xv and xvii, 
 
 I Harl. Miscel., p. 193; Letter xiv in pp. 198, 199; 5 Lingard's Engl., ch. 3, 
 
 Id., pp. 197, 198; 2 Turner's Hen. VIII, p. 140; I Froude's Engl., ch. 2, p. 149, 
 
 edi. 1827, p. 238 to 240; pp. 242, 243; N. Y. edi. 1872. 
 
 p. 243 to 246; and pp. 255, 256; 6 Lin- ^'2 Turner's Hen. VIII, edi. 1827 
 
 gard's Engl., ch. 3, p. 134, et seq. ; p. 241, note 29; citing Le Grand, p. 164. 
 
 I Froude's Engl., ch. 2, N. Y. edi. 1872, ™2 Robertson's Charles V, Boston 
 
 p. 142. edi. 1857, pp. 197, 198. 
 
954 Reign of Henry VIII [tit. vir 
 
 pope might not conform to his will ; but he only excited a storm in 
 his sovereign's mind, which threatened ruin to himself.™* 
 
 " The pontiff's secretary, in September, privately wrote to Cam- 
 pegio, expressing his master's apprehensions, urging him to delay 
 his journey to England as long as possible, and ordering him to try,, 
 when forced to go there, to reconcile the king and Katharine ; but on 
 no account to decide the litigated question. These cautions were 
 repeated a few days after. He was again directed not to decide"; — 
 "he was to do nothing but to hear and procrastinate."^"* 
 
 Though the king and queen may have continued to use the same 
 table and the same bed,™' yet she having Anne " daily attending upon 
 her," both heard and saw how things tended.™' 
 
 "That a face so beautiful; that her subduing eye, her lively 
 vivacity, her courtly elegance, her dignified form, and her engaging 
 manners, should impress the sensibility of Henry, as they fascinated 
 lord Percy, and interested Wyatt, was," it seems to Mr. Turner, " a 
 natural effect of such rich and rare endowments of that divine artist 
 from whose matchless skill and benign taste all beauty springs." 
 
 Queen Katharine did not dismiss her attendant, but is said to have 
 alluded gracefully both to the king's partiality and to Anne's virtuous 
 resistance. Wyatt mentions, 
 
 " That the queen playing with her at cards, said to her as an honor 
 turned up as she was dealing, ' My Lady Anne, you have good hap 
 to stop at a king ; but you are not like others : you will have all or 
 none."^"' 
 
 However, it is said the King caused Anne to be away from court"" 
 shortly before or after the legate Campegio reached London. 
 
 200 2 Turner's Hen. VIII, edi. 1827, King, and promoted by her father, who 
 
 p. 234, p. 241. obtained at length (though not without 
 
 ^"^ Id., p. 252. much difficulty) the consent of his un- 
 
 '""6 Lingard's Engl., ch. 3, p. 141 ; willing daughter to return; where yet 
 
 citing from L'eveque deBayonne, p. 170, she kept that distance that the King 
 
 Octo. 16, 1528. might easily perceive how sensible she 
 
 208 Cavendish, ch. 10, 4 Harl. Miscel., was of her late dismission." Id., p. 148; 
 p. 505; Miss Strickland's Queens of i State Tr., 314. "At the Christmas of 
 Engl., vol. 4, p. 97. 1528," the French ambassador describes 
 
 209 2 Turner's Hen. VIII, edi. 1827, the English court as keeping open house 
 p. 202. in the palace, and not only the King 
 
 2'0 6 Lingard's Engl., ch. 3, p. 141. but the Queen also, as she had been 
 A few months after her departure from accustomed ; Miss Anne Boleyn had 
 court, her return was desired by the likewise her separate festivities ; but the 
 
CH. XXX.] 1509 TO 1546-7. 95» 
 
 In October, 1528, when Campegio reached London, he was suffer- 
 ing and weak."' On the 28th he was conveyed in a chair of crimsoa 
 velvet to the king's presence and placed with Wolsey on the right 
 hand of the throne, where he made a speech. 
 
 "The legates then paid a visit to the person that is most justly 
 entitled to our real sympathy in the transaction — the injured queen — 
 and made a formal declaration, that they were the deputed judges to 
 determine on the validity of her marriage. She was nearly over- 
 come by the painful address. She paused awhile and then said, 
 ' Alas ! my lords ! and is it now a question, whether I be the king's 
 lawful wife or not? — now, when I have been married to him almost 
 twenty years, and in the meantime, no question made of it before? 
 Divers prelates yet alive, and lords also, and privy councillors with 
 the king, at that time adjudged our marriage lawful and honest, and 
 now to say it is detestable and abominable; I think it is a great 
 marvel. When I consider what a wise prince the king's father was ; 
 and also the love and natural affection which Ferdinand my father 
 bore unto me, I cannot but suppose that neither of our parents were 
 so uncircumspect, so unwise, and of such small imagination that they 
 could not foresee what might follow from such a marriage." '" 
 
 She then inveighed against Wolsey;''^ attributing to him the idea 
 of the divorce because she had censured his dissolute mode of life^ 
 and because he hated the emperor;"* and saying "for all his wars 
 and vexations he may only thank you." "^ 
 
 This speech of the Queen was before Nov. i."" There were many 
 
 ambassador thought that she no longer especial for the great malice that you 
 
 associated with Catharine." 2 Turner's bear to my nephew, the Emperor, whom 
 
 Hen. VIII, edi. 1827, p. 263 ; citing I perfectly know you hate worse than a 
 
 letter 25 Dec, p. 260, of Le Grand, v. 3. scorpion, because he would not satisfy 
 
 ^'^ I State Tr., p. 309 ; 5 Lingard's your ambition, and make you Pope by 
 
 Engl., ch. 3, p. 141 ; Letter xvii in force." /</.,pp. 140, 141. 
 
 I Harl. Miscel.,p. 199; 2 Turner's Hen. ^*/d., p. 140. 
 
 VIII, edi. 1827, pp. 255, 256. '^^Id., y. 257; citing Hall (754-5), 
 
 ^i(f., pp. 256, 257. who "had the speech, which was in 
 
 213 « Of this trouble I only may thank French, from the new legate's secretary^ 
 
 you, my lord cardinal of York; for who was present." 
 
 because I have wondered at your high '^'^''The Bishop of Bayonne, on ist 
 
 pride and vain glory, and abhor your November, reported the substance of the 
 
 voluptuous life,' and little regard your Queen's speech to his court." Le Grand 
 
 presumptuous power and tyranny, there- 3, p. 195, is cited in 2 Turner's Hen., 
 
 fore of malice you have kindled this fire VIII, edi. 1827, p. 257, note 38. 
 and set this matter abroach; and in 
 
956 Reign of Henry VIII [tit. vii 
 
 who had a higher regard for the Queen and her cause than for the 
 King and his ; and who were not always silent."' 
 
 " The King undertook to silence the murmurs of the people and 
 sammoned to his residence in the Bridewell (Nov. 8), the members 
 of his council, the lords of his court and the mayor, aldermen and 
 principal citizens. Before them he enumerated the several injuries 
 which he had received from the emperor, and the motives which 
 induced him to seek the alliance of the King of France. Then 
 taking to himself credit for delicacy of conscience, he described the 
 scruples which had long tormented his. mind on account of his mar- 
 riage with the widow of his deceased brother." — " He consulted the 
 pontiff, who had appointed two delegates to hear the cause, and by 
 their judgment he was determined to abide. He would therefore 
 warn his subjects how they ventured to arraign his conduct. The 
 proudest among them should learn that he was their sovereign, 
 and should answer with their heads for the presumption of their 
 tongues.""^ 
 
 Though according to order from the pope, Campegio " did both 
 persuade the queen to a divorce and dissuade the king from it," "yet 
 he failed in both." ^'^ To enforce the cause with the pope the king dis- 
 patched to Rome, Dec. 8,^'" Sir Francis Bryan, master of the henche- 
 men, and Peter Vannes, his secretary for the latin tongue. They had 
 instructions, 
 
 "To retain the ablest canonists in Rome as counsel for the King; 
 and to require, with due secrecy, their opinions on the three follow- 
 ing questions: i. Whether if a wife were to make a vow of chastity 
 and enter a convent, the pope could not, of the plenitude of his 
 power, authorize the husband to marry again; 2. Whether if the 
 husband were to enter into a religious order that he might induce his 
 
 2" 6 Lingard's Engl., ch. 3, p. 142. Tr., pp. 314, 315. 
 
 2''/(/., pp. 143, 144, Of this speech a 2*° There were others after this date, 
 
 different version by Hall (from memory) It is stated that " a month afterwards 
 
 is mentioned in Id., p. 144, note. There Dr. Knight was commissioned thither 
 
 may also be reference to I State Tr., 314, with new urgencies and solicitations." 
 
 and Miss Strickland's Queens of Engl., 2 Turner's Hen. VIII, edi. 1827, p. 259. 
 
 vol. 4, p. 99. ' Henrici regis Octavi de Cavendish mentions " Dr. Stephen Gard- 
 
 repudianda domind Catherind Oratio ner," 4 Harl. Miscel., 535. He was 
 
 Idibus Novembris habita 1528,' is cited dispatched "in the commencement of 
 
 from Wilkins's Concilia, vol. 3, p. 714, the year 1529." Miss Strickland's 
 
 in I Froude's Engl., ch. 2, pp. 151, 152, Queens of Engl., vol. 4, p. 154. Jan. 25. 
 
 of N. Y. edi. 1872. ~ 2 Turner's Hen. VIII, edi. 1827, pp. 264, 
 
 219 6 Lingard's Engl., p. 141 to 143; 265. 
 1 Froude's Engl., ch. 2, p. 145 ; i State 
 
CH. XXX. j 1509 TO 1546-7. 957 
 
 wife to do the same, he might not be afterwards released from his. 
 vow and at liberty to marrj^ ; and 3. Whether for reason of state the 
 pope could not license a prince to have, like the ancient patriarchs, 
 two wives, of whom one only should be publicly acknowledged and 
 enjoy the honours of royalty." *^^ 
 
 In the spring of 1529, the King charged the two cardinals to pro- 
 ceed:'^ "There was a court erected at Blackfriars, London, where 
 these two cardinals sat as judges." The day appointed for the ses- 
 sion to begin was in May, 1529.'"' " The judges commanded the 
 cryer to proclaim silence whilst the commission was both read to the 
 court and to the people there assembled. That done, and silence 
 being again proclaimed, the scribes commanded the cryer to call 
 King Henry of England; whereunto the King answered and said. 
 Here. Then called he again the Queen of England by the name of 
 Katharine, Queen of England, come into the court, &c.,^'" who made 
 no answer thereunto, but rose immediately out of her chair where she 
 sat, and because she could not come to the King directly by reason 
 of the distance, therefore she came round about the court to the 
 • King, ^ and kneeled down at his feet, saying in broken English as- 
 foUoweth: 
 
 " Sir," " I beseech you do me justice and right, and take some pity 
 upon me, for I am a poor woman and a stranger, born out of your 
 
 '^'6 Lingard's Engl., ch. 3, p. 142 to p. 272; and Miss Strickland's Queens of 
 
 144. In I State Tr., 308, after the Engl., vol. 4, p. 100. 
 
 second question, the language is, " Third- 224 « ■pijg King and Queen were cited 
 
 ly, if this may not be done, whether he and summoned to appear, which was a 
 
 can dispense with the King to have two strange sight, and the newest device that 
 
 wives, and the children of Ijpth legiti- ever was heard or read of in any story 
 
 mate?" There was obtained from the orchronicle." Cavendish, ch. 15 and i6; 
 
 Pope nothing more than had been granted 4 Harl. Miscel., 527, 528. 
 
 in the commission to Cardinal Wolsey ^^" There were many tables and 
 
 and Campejus. Id., Bryan's letter of benches set in manner of a consistory, 
 
 Jan. (or Feb.), 1529, to Wolsey is in one seat being higher than another for 
 
 2 Mackintosh's Engl., Phila. edi. 1831, the judges aloft; above them, three 
 
 Appendix, p. 309. degrees high, was a cloth of estate 
 
 ^^ 1 State Tr., 317. hanged, and a chair, royal, under the 
 
 '^'The 31st is in 6 CoUyer's Engl., same, wherein sat the King, and some 
 
 ch. 2, p. 197; 2istin I State Trial 317; distance off sat the Queen." Jii., 528. 
 28th in 2 Turner's Hen. VIII, edi. 1827, 
 
"958 Reign of Henry VIII [tit. vii 
 
 dominions, having here no indifferent council, ^™ and less assurance 
 of friendship. Alas! sir, how have I offended you? What offence 
 have I given you, intending to abridge me of life in this sort? I 
 take God to witness, I have been to you a true and loyal wife ; ever 
 conformable to your will and pleasure ; never did I contrary, or gain- 
 say your mind, but always submitted myself in all things, wherein 
 you had any delight or dalliance, whether it were little or much, with- 
 out grudging, or any sign of discontent : I have loved for your sake 
 all men whom you have loved, whether I had cause or not, were they 
 friends or foes; I have been your wife this twenty years, by whom 
 you had many children : And when I first came to your bed, I take 
 God to witness I -was a virgin; whether it be true or no, I put it to 
 your conscience. If there be any cause that you can allege, either of 
 dishonesty, or of any other matter lawful to put me from you, I am 
 willing to depart with shame and rebuke; but if there be none, then I 
 pray you let me have justice at your hands." 
 
 " The King, your father, was a man of such an excellent wit in his 
 time, that he was accounted a second Solomon; and the King of 
 Spain, my father Ferdinand, was taken for one of the wisest kings 
 that reigned in Spain these many years. So they were both wise 
 men and noble princes ; and it is no question but they had wise coun- 
 sellors of either realm, as be now at this day, who thought not, at the 
 marriage of you and me, to hear what new devices are now invented 
 ■against me to cause me to stand to the order of this court. And I 
 <;onceive you do me much wrong, nay, you condemn me for not 
 answering, having no council but such as you have assigned me : 
 You must consider that they cannot be indifferent on my part, being 
 your own subjects, and such as you have made choice of out of your 
 own council, whereunto they are privy, and dare not disclose your 
 pleasure. " Therefore I must humbly beseech you to spare me until 
 I know how my friends in Spain will advise me : But if you will not, 
 then let your pleasure be done." ''^ 
 
 ^^ Cavendish says : " There were coun- Warham, and Nicholas West, bishop of 
 
 cil for the Queen, Dr. Fisher, bishop of Ely, doctors of the law, and John Fisher, 
 
 Rochester, and Dr. Standish, bishop of bishop of Rochester, and Henry Standish, 
 
 St. Asaph, in Wales, two brave noble bishop of St. Asaph, doctor of divinity, 
 
 divines, especially the bishop of Roches- her council, &c., according to the permis- 
 
 ter, a very godly man, whose death sion the King gave her in that behalf.'' 
 many noblemen and many worthy di- 2" Cavendish in ch. 1 6, pp. 529,530, 
 
 vines much lamented, who lost his head, of 4 Harl. Miscel. ; I State Tr., pp. 319, 
 
 about this cause before it was ended, 320; 6 CoUyer's Engl., ch. 2, pp. 197, 
 
 upon Tower Hill; as also another 198; 3 Hume's Engl., ch. 30, pp. 172, 
 
 ancient doctor, Ridley, a little man, but 173; 6 Lingard's Engl., ch. 3, p. 150; 
 
 a great divine.'' 4 Harl. Miscel., 529. Miss Strickland's Queens of Engl., vol. 
 
 In what sense Katherine meant they 4, p. loi. The Queen's speech, and the 
 
 were not indifferent is indicated in a King's reply, as taken from Holinshed 
 
 subsequent part of her address. by Shakspeare, are in " King Henry 
 
 There is mention in I State Tr., 317, VIII, act ii, scene IV, p. 165, ei seq. of 
 
 of the Queen choosing "Archbishop vol. 6, Lond. edi. 1833. 
 
•CH. XXX. j 1509 TO 1546-7. 959 
 
 "And with that she rose, making a courtesy to the King and 
 ■departed from thence, all the people thinking she would have 
 Teturned again to her former seat ; but she went presendy out of the 
 court, leaning upon the arm of one of her servants, who was her 
 general receiver, one Mr. Griffith. The King, seeing that she was 
 ready to go out' of the court, commanded the cryer to call her again 
 by these words, 'Katharine, queen of England, come into court.' 
 Lo, quoth Mr. Griffith, you are called again. Go on, quoth she, it is 
 no matter. It is no indifferent court for me, therefore I will not tarry ; 
 go on your way; and so they departed, without any further answer 
 at that time, or any appearance in any court after that." Some 
 observations were then made by the King,''''^ the Lord Cardinal, 
 bishop of Canterbury and bishop of Rochester, after which 'the 
 court was adjourned until the next day,' when upon the king's coun- 
 sel alleging the matrimony not good, there were expressions by the 
 bishop of Rochester and Dr. Ridley, in which the Cardinal did not 
 agree. 
 
 Thus passed the court from session to session and from day to day, 
 
 ^^4 Harl. Miscel., 530. The King master thereof, whether our daughter 
 said to the audience : " As the Queen is Mary should be legitimate in respect of 
 gone, I will in her absence declare unto my marriage with this woman, being 
 you all she hath been to me a true obe- sometime my brother's wife : which 
 <Jient wife, and as comfortable as I could words I pondering, begot such a scruple 
 wish or desire ; she hath all the virtues in my conscience that I was much 
 .and good qualities that belong to a troubled at it, whereby I thought myself 
 woman of her dignity, or in any of in danger of God's heavy displeasure 
 meaner estate." Then after answering and indignation; and the rather, because 
 the cardinal's question, whether or no he sent us no issue male, for all the issue 
 he (the cardinal) had been the first and male that I have had by my wife died 
 •chief mover in this matter, the King incontinently after they came into the 
 said: "The special cause that moved world." 4 Harl. Miscel., S31; 6 Col- 
 me in this matter is a certain scruple Iyer's Engl., ch. 2, pp. 198, 199; 
 that pricked my conscience upon cer- 6 Hume's Engl., ch. 30, p. 173; 6 Lin- 
 tain words spoken by the Bishop of gard's Engl., ch. 3, pp. 150, 151. From 
 Bayonne, the French ambassador, who this statement of Henry, it would seem 
 came hither to consult of a marriage that ' the special cause' — the ■' certain 
 between the princess, our daughter, the scruple' — began to operate about the 
 lady Mary, and the Duke of Orleans, time that Anne Boleyn was his partner 
 ■second son to the King of France ; and in a dance at Greenwich, mentioned on 
 upon resolution and determination he p. 944. 
 ■desired respite to advertise the King, his 
 
960 Reign of Henry VIII [tit. vii 
 
 till a day on which the cardinal being sent for by the King, was with 
 him about an hour, and after getting home was called on by ' my 
 Lord of Wiltshire, Mrs. Ann Bullen's father,' who told him it was 
 the king's mind he should forthwith go with the cardinal to the queen 
 and persuade her ' to put the whole matter into the king's own hands 
 by her consent.' The cardinal " took his barge and went to Bath- 
 house to Cardinal Campaine's and so went together to Bridewell, to 
 the queen's lodgings, she being then in her chamber of presence.''" 
 The cardinals afterwards "went to the king and made a relation unto 
 him of the passages between the queen and them." 
 
 The case proceded from court day to court day until the day on 
 which the king's counsel moved for judgment, when Cardinal Cam- 
 paine said " I will not give judgment until I have related the whole 
 proceedings to the pope, whose counsel and commandment I will, in 
 this case, observe." — " I adjourn to the court of Rome, from whence 
 our jurisdiction is derived." And so the court was dissolved and no 
 more done. 
 
 Thereupon the Duke of Suffolk, by the King's commandment, 
 uttered words importing ' It was never thus in England until we had 
 cardinals amongst us.' Further, the Duke using opprobrious words, 
 the Lord Cardinal responded; excusing himself by his commission, 
 which gave him no authority to proceed to judgment without the 
 pope's knowledge.™ 
 
 This was the last session; — ^July 23, 1529.''^ Stephen Gardner had 
 in June returned to Westminster from Rome and stated to the King 
 the condition in which he left his affairs there. In a letter of June 
 25, to ambassadors at Rome, alluding to advocation there of the 
 
 229 Cavendish, ch. 16; 4 Harl. Miscel., 230 Cavendjsh, ch. 16, p. 533 to 535 of 
 
 p. 531 to 533, edi. 1809. Mr. Malons 4 Harl. Miscel.; 2 Turner's Hen. VIII, 
 
 observes that the Queen's answrer as edi. 1827, p. 273, and note; Miss Strick- 
 
 given by Shakspeare, in " King Henry land's Queens of Engl., vol. 4, p. loi to 
 
 VIII," act iii, scene i, pp. 174, 175, of 104. 
 
 vol. 6, Lond. edi. 1833, is "exactly 2315 Lingard's Engl., ch. 3, p. 152 to 
 
 conformable to that which Cavendish, 154; Campbell's Lives of Chancellors, 
 
 who was present, has recorded, and vol. i, pp. 488, 489, of 2d edi. (l846)>, 
 
 which he appears to have heard her pro- p. 455, of Boston edi. 1874. 
 nounce." Id., p. 174, note. 
 
CH. XXX,] 1509 TO 1546-7. 961 
 
 cause 
 
 says : 
 
 "at the emperors agents, or the queen's pursuit," Gardner 
 
 "In case the Pope, as God forbid, should advocate the said cause, 
 not only thereby the King's Grace and all his nobles should decline 
 from tlie Pope and See apostolic, but also the same should redound 
 to my Lord Cardinal our common master's utter undoing." '^'^ 
 
 In this year (1529), while the plague raged in Cambridge, Thomas 
 Cranmer was in Essex, at Waltham abbey, in the house cf Mr. 
 Cressy (to whose wife he was related). The King's Almoner, 
 Edward Fox (afterwards bishop of Hereford), and Stephen Gardiner, 
 coming to visit the host, there was a conversation in which, upon the 
 question ' whether a man might lawfully marry his brother's widow, '^ 
 Cranmer said 
 
 " That the safest method for the king to pursue would be to lay 
 that question before the most learned divines of the two Universities."^ 
 
 Fox and Gardiner informing the king of this, Henry is said to 
 have exclaimed, ' this man hath gotten the sow by the right ear.' 
 
 "He commanded Cranmer to wait on him"; — "and directed him 
 to digest, in the form of a general treatise, all his ai-guments on the 
 subject of the divorce ; and in order to his undisturbed application 
 to that task, placed him in the house of Thomas, earl of Wiltshire, 
 where he became the friend and f?ivourite of that nobleman's daugh- 
 ter," Anne. 
 
 This is said to have occurred in August, 1529.™ The chance of 
 obtaining for Henry a divorce under the Pope's authority was but 
 little before,^" and still less after, the treaty of Cambray, in that 
 month.'^ 
 
 The Pope's breve to the King of England, dated "at Rome, Aug. 
 29, 1529," states that thereby 'the cause itself was 'suspended till 
 
 ^'^Sir H. Ellis's 3d series of OrigT land, in Nov. 1532. Lodge's Portr., 
 
 Let., vol. 2, pp. 157, 158. Gardner's vol. 2, No. 8. 
 
 Letter of Aug. 4, 1529, to Wolsey, is in ^'*2 Turner's Hen. VIII, edi. 1827, 
 
 2 Mackintosh's Engl., PJila. edi. 1831, p. 320, and notes; especially note 41, 
 
 p. 309. mentioning letters in Vitell. B. 11, p. 138. 
 
 ^^ Afterwards Cranmer was in the ^^ 2 Robertson's Charles V, Boston 
 
 King's service at Cambridge, and on the edi. 1857, pp. 193, 194; 2 Turner's 
 
 continent. Thence he returned to Eng- Hen. VIII, edi. 1827, p. 269 to 272. 
 61 
 
962 Reign of Henry VIII Ttit. vii 
 
 Christmas day,' that the King might " have time duly and carefully to 
 consider an affair of so great moment and importance," "and thereby 
 settle it without the vexation and trouble which suits of law eiigender 
 and produce."''' 
 
 As to Wolsey, Mr. Green is mistaken in saying that "From the 
 ■close of the Legantine court, Henry would see him no more." ^^ In 
 September (1529), in Northamptonshire, at Grafton, where the King 
 and Anne then were, "My Lord Cardinal took Cardinal Campaine 
 by the hand and kneeled down before the King." 
 
 " His Majesty stooped down and, with both his hands, took him 
 up, and then took him by the hand and went to the window with him 
 ■and there talked with him, a good while" "^ 
 
 There was. the King's last interview -.vith Wolsey.'"' Cavendish 
 says : 
 
 " The King was in earnest discourse with him, insomuch that 1 
 could hear the King say, "How can this be, is not this your hand?" 
 and pulled a letter out of his own bosom and" shewed the same to my 
 lord.'*" And, as I perceived, my lord so answered the same that the 
 King had no more to say ; but said to my lord, "Go to your dinner, 
 and take my Lord Cardinal to keep you company." — "The King that 
 day dined with Mistress Anne Bullen in her chamber." — " I heard it 
 reported by those that waited on the King at dinner, that Mistress 
 Anne Bullen was offended, as much as she durst, that the King did 
 so graciously entertain my Lord Cardinal.'"'" 
 
 "The King, for the time, departed from Mistress Anne Bullen, and 
 came to the chamber of presence, and called for my lord, and in the 
 
 2'«I St. Tr., 358. The breve con- 1827, pp. 275,276; 6 Lingard's Engl., 
 
 eludes thus: "In the meantime we do ch. 3, p. 157; Miss Strickland's Queens 
 
 exhort your majesty in the Lord, that, for of Engl., vol. 4, p. 104. 
 the sake of conscience, you would not 240 ^^ Harl. Miscel., edi. 1809, p. 536. 
 
 leave the Queen, but till these things Mr. Turner says : " This circumstance 
 
 shall be determined, comfort and cherish suits the intimation of Campion, that Sir 
 
 'her with the love and affection of an F. Brian had procured from Rome one 
 
 husband, as we trust your highness of of Wolsey's underhand letters to the 
 
 your great piety and goodness will do." Pope against the divorce which he sent 
 
 Id. to Henry." 2 Hen. VHI, p. 276, note 5, 
 
 '"Hist, of Engl. Peopl., vol. 2, book edi. 1827; 2 Mackintosh's Engl.,Phila. 
 
 5, ch. 3, p. 140, edi. 1879. edi. 1831, p. 141. 
 
 2SS Cavendish, ch. 17; 4 Harl. Miscel., 241 cavendish, ch. 17; 4 Harl. Miscel., 
 
 edi. 1809, p. 536. edi. 1809, p. 536. 
 
 239 
 
 2 Turner's Hen. VHI, ch. 25, edi. 
 
CH. xxx.J 1509 TO 1546-7. 963 
 
 great window, had a long discourse with him.'^ — "Afterwards the 
 king took him by the hand and led him into the privy chamber, and 
 sat in consultation with him all alone, without any other of the lords, 
 dll it was dark night." 
 
 " At night was warning given me that there was no room for my 
 lord to lodge in the court ; so that I was forced to provide my lord a 
 lodging in the country, about Easton, at one Mr. Empston's house, 
 Tvhere my lord came to supper by torch light." 
 
 The King, when my lord parted from him, had "willed him to 
 resort to him in the morning, for that he would talk further with him 
 about the same matter; and in the morning my lord came again, at 
 Tvhose coming the king's majesty was ready to vide, willing my lord 
 to consult with the lords in his absence, and said he would not talk 
 with him, commanding my lord to depart with Cardinal Campaine, 
 who had already taken his leave of the King." ^'^ — " So my lord rode 
 ■away after dinner with Cardinal Campaine, who took his journey 
 towards Rome."'*' 
 
 Cavendish mentions Anne "having always a prime grudge against 
 my lord cardinal for breaking the contract between the Lord Percy and 
 -herself";'** and speaks of others who bore a secret grudge against" 
 .~.;ui, and consulted with her.'*^ He supposes that though Wolsey 
 did endeavor to please her, yet she for the while was " dissembling 
 ■ihe secret grudge in her breast";'** he introduces her in "passages 
 conducing to the Cardinal's fall."'*' Wolsey was rejected when 
 he repaired to his house at Westminster. 
 
 In Michaelmas term " he went into the hall in such manner as he 
 "was accustomed to do, and sat in the chancery, being then lord chan- 
 -cellor of England; after which he never sat more."'** 
 
 2« Id., p. 537, Cavendish says : 6 Lingard's Engl., ch. 3, p. 157. 
 
 ^"Ch. 10; 4 Had. Miscel., 505. 
 
 " This sudden departure of the King's 2,5 „ , 
 
 was the especial labour of mistress Anne '' '^'^' •> ■" J 
 
 BuUen, who rode with him purposely to '*" I<^-> =!»■ 4. P- S06, and ch. 13, 
 
 draw him away, because he should not p. 510; I Id., pp. 1 99, 200. 
 
 return till the departure of the cardinals. 2« Cavendish, ch. 17 ; 4 Harl. Miscel 
 The King rode that morning to view a 
 piece of ground to make a park of, 
 
 which was afterwards, and is at this 6 Lingard's Engl., ch. 3, p. 146, no/e. 
 
 The King rode that morning to view a _ . c. .r. ^ 
 
 piece of ground to make a park of, P" 535 to 540; l State Tr., p. 360; 
 
 which was afterwards, and is at this 6 Lmgard's Engl., ch. 3, p. 146, no/e, 
 
 time, called Harewell Park, where mis- p. 155 to 159; I Campbell's Lives 
 
 tress Anne had provided him a place to ^f Chancellors, p. 489 to 491 of edi. 2 
 
 dine in, fearing his return before my , n ^, r c r. ,• 
 
 lord cardinal's departure." Ibid. ('^46), pp. 456, 457, of Boston edi. 
 
 1874; Miss Strickland's Queens of 
 
 "' Ibid; 1 State Tr., 339. As to what Engl., vol. 4, p. 157, et seq. 
 occurred "when he came to take ship'' "^ Cavendish, ch. 17 ; 4 Harl. Miscel., 
 
 there may be reference to Id., 339, and edi. 1809, p. 538. 
 
964 Reign of Henry VIII [tit. vir 
 
 This may have been Octo. 15.^'" Bellay wrote on Octo. 17: 
 
 " I have been to see the cardinal. He has shewn me his case with 
 the most deplorable rhetoric I ever saw ; for both his heart and his 
 speech entirely failed him. He wept much and prayed my king and 
 his mother to have pity on him. I can say nothing more striking 
 than his face, which has lost half its proper size. Even his enemies 
 now, tho English, cannot but compassionate him.'"'"" 
 
 Now the duke of Norfolk (Anne Boleyn's maternal uncle) became 
 prime minister of the English Cabinet,^" with bishop Gardiner as the 
 state secretary (till Thomas Cromwell succeeded to that office). 
 
 On Octo. 17, "My Lords of Norfolk and Suffolk," did declare 
 unto my lord, that it was the king's pleasure he should surrender the 
 Great Seal of England into their hands and that he should depart 
 unto Ashur, which is a house near Hampton court belonging unto 
 the bishopric of Winchester." — "He would in no wise agree to their 
 demand without further knowledge of their authority." — "The dukes 
 were fain to depart without their purpose at that time, and returned 
 to Windsor to the king, and the next day they returned to my lord 
 with the king's letters ; whereupon in obedience to the king's com- 
 mand, my lord delivered to them the broad seal, which they brought 
 to Windsor to the king."^*'' 
 
 " My lord, with his train of gentlemen and yeomen, which was no 
 small company, took his barge at his privy stairs and went by water 
 to Putney." ^°' He continued "at Ashur three or four weeks." ^ 
 
 In the statutes of the parliament which began Nov. 3, 1529,''^^ there 
 
 249 « 'pjjg next day he stayed at home all his offices to the lords assembled in 
 
 for the coming of my Lords of Norfolk the star-chamber." 2 Turner's Hen. 
 
 and Suffolk, who came not that day but VIII, edi. 1827, p. 279, note 4; citing 
 
 the next." Id., p. 538. Hall, 760. 
 
 260 2 Turner's Hen. VIII, edi. 1827, '^ (In Surrey county,) 4 miles from 
 
 p. 277, note II. Richmond, 6 from Kingston, and 9 from 
 
 3512 Turner's Hen. VIII, edi. 1827, Croydon. Of what occurred at Putney 
 
 p. 311 ; where, in note 2, is cited less is stated in 4 Harl. Miscel., p. 539, 
 
 Bellay's Lett. 22 Octo., Ap., Le Grand 3, than in 2 Turner's Hen. VIII, edi. 1827, 
 
 P- 377- 'I" l''^ absence the Duke of pp. 281, 282. 
 
 Suffolk, and, above all. Mademoiselle ^^^i cavendish, ch. 1 7 ; 4 Harl. Miscel., 
 
 Anne.' See also Miss Strickland's edi. 1809, p. 539. From " Esher" (or 
 
 Queens of Engl., vol. 4, pp. 160, 161. Ashur) he wrote a. doleful letter to 
 
 252 Cavendish, ch. 17; 4 Harl. Miscel., "goode Mastyr Secretary" (Dr. Stephen 
 
 edi. 1809, p. 538. Wolsey "delivered Gardiner). Scoones's Engl. Letters^ 
 
 up the seal on i8th Octo., 1529; on N. Y. edi. 1880, pp. 10, ii. 
 
 the 19th the Duke of Norfolk an- ^=^ See post m. ^ 10. 
 nounced the dismissal of Wolsey from 
 
CH. XXX.] 1509 TO 1546-7. 965 
 
 is a chapter as to Cardinal Wolsey.''^" It is however stated that 
 •articles exhibited against him on Dec. i (1529),'" were not adopted;''^* 
 he received from the King on Feb. 12, 1530, a full pardon. In the 
 spring, after being for a time at Richmond, he repaired to his prov- 
 ince of York, carrying with him the King's recommendation in a 
 letter from our ' castell of Wyndsore, the 28th day of March.' He 
 was at Peterborough and Stoby (or Scroby'; before reaching Cawood 
 ■castle, within seven miles of the city of York. At Cawood he was 
 ■arrested on Nov. 4, 1530, by the earl of Northumberland,''^' accompa- 
 nied by Sir Walter Walsh (or Welch), one of the privy council. 
 Sunday following he departed with them and others and came to 
 Doncaster; and the third day to Sheffield-park, where he was enter- 
 tained by Lord Shrewsbury. There came Sir William Kingston, 
 •constable of the Tower and captain of the guard, with a message 
 from the king to ' be of good cheer,' for that he beareth him ' as much 
 ^ood will as ever,' and he might take his journey at his pleasure 
 After staying there a fortnight (being part of the time very sick), he 
 went to Hardwick Hall, where he lay at night extremely ill; and 
 came next day to Nottingham, and the day after to Leicester abbey 
 very sick, and 'riding still on his mule till he came to the stairs of his 
 ■chamber, where he alighted.' — 'As soon as he^ was in his chamber he 
 went straight to bed; this was upon Saturday, and so he continued.' 
 On the Tuesday following he said to Mr. Kingston, 
 
 " I pray you have me heartily commended unto his royal majesty, 
 and beseech him on my behalf to call to his princely remembrance 
 all matters that have been between us from the •beginning, and the 
 progress ; and especially between good queen Catherine and him ; 
 and then shall his grace's conscience know whether I have offended 
 him or not." 
 
 " He is a prince of a most royal carriage, and hath a princely 
 Jieart, and rather than he will miss or want any part of his will, he 
 
 25«Ch. 25; in 3 Stat, of the Realm, p. 287. 
 
 p. 316. 2*'Anne Boleyn's former lover, Henry 
 
 ^'1 State Tr., p. 372 to 381 ; 4 Inst., Percy. Miss Strickland says : " His hap- 
 
 p. 88 to 95. The first signature to the piness had been irreparably blighted by 
 
 articles is T. More ; the last is Anthony his separation from the woman of his 
 
 Fitzherbert. Id., p. 95. heart, and his compulsory marriage with 
 
 ^8 2 Turner's Hen. VIII, edi. 1827, another." Queensof Engl.,vol. 4, p. 160. 
 
966 Reign of Henry VIII [tit. vii 
 
 will endanger the one-half of his kingdom. I do assure you, I have 
 often kneeled before him, sometimes three hours together, to persuade 
 him from his will and appetite, but could not prevail." — " Let me 
 advise you if you be one of the privy council, as by your wisdom 
 you are fit, take heed what you put in the King's head, for you can 
 never put it out again.'' 
 
 Wolsey died that day (the 29th), and the funeral ' was solemnized 
 the day after,' the burial being ' by the abbot, with great solemnity, in 
 the church of the abbey of Leicester— in the middle of the chapel.^* 
 News of his death did much affect the King. Wolsey having begun 
 at Windsor a monument for himself, had purposed to make a tomb 
 for the King ; after the Cardmal's death the King making use of 
 what he found fit, called it his.'*' 
 
 Wolsey's ascendency over such a man as Henry VIII could not 
 have been attained without the possession of extraordinary mental 
 powers and personal qualities."*'' Qileen Katharine naturally viewed 
 the Cardinal (before his death) with disfavour. But to her Shak- 
 speare lets her gentleman usher "speak his good.'"^ 
 
 Griffith. " This cardinal, 
 
 Though from an humble stock, undoubtedly 
 
 Was fashion'd to much honour. From his cradle 
 
 He was a scholar, and a ripe-, and good one ; 
 
 Exceeding wise, fair spoken and persuading : 
 
 Lofty, and sour, to them that lov'd him not ; 
 
 But, to those men that sought him, sweet as summer. 
 
 And though he were unsatisfied in getting, 
 
 (Which was a sin) yet in bestowing, madam. 
 
 He was most princely : Ever witness for him 
 
 Those twins of learning, that he rais'd in you, 
 
 Ipswich '"^ and Oxford ! one of which fell with him. 
 
 Unwilling to outlive the good that did it ; 
 
 2^° Cavendish, ch. 18, ei seq.; 4 Harl. done, 4,250 ducats; the design whereoff 
 
 Miscel., p. 542 to' 558; Sir H. Ellis's was so glorious, that it exceeded far that. 
 
 3d series of Orig. Let., vol. 2, pp. 172, of Henry the Seventh.'" Ihid. 
 
 173, 179, and p. 204 to 206 ;. I State Tr., 262 Poss's Biogr. Jurid. 
 
 p. 369 to 386; 3 Hume's Engl., ch. 30, ^^ King Henry VIII, act iv, scene ii, 
 
 pp. 185, 186; 6 Lingard's Engl., ch. 3, p. 200 of vol. 6, Lond. edi. 1833. In a. 
 
 p. 1 60 to 164; 2 Turner's Henry VIII, note on that page, it is seated that the 
 
 edi. 1827, p. 287 to 309. characters of Wolsey by Katharine and 
 
 ""^ 3 Seward's Anecdotes, pp. 94, 95. her attendant are founded on passages 
 
 It is mentioned that Wolsey " had not in Holinshed. 
 
 forgotten his own image which one "*2 Turner's Hen. VIII, edi. 1827,. 
 
 Benedetto, a statuary of Florence, took pp. 307, 308. Ipswich fell with its, 
 
 in hand in 1524, and continued till 1529, founder. Foss's Biogr. Jurid. 
 receiving for so much as was already 
 
CH. XXX.] 1509 TO 1546-7. 967 
 
 The other, though unfinish'd, yet so famous, 
 So excellent in heart, and still so rising, 
 That Christendom shall ever speak his virtue ^^ 
 His overthrow heap'd happiness upon him." 
 
 • Kath. " After my death, I wish no other herald. 
 
 No other speaker of my living actions, 
 To keep mine honour from corruption, 
 But such an honest chronicler as Griffith. 
 Whom I most hated living, thou hast made me. 
 With thy religious truth and modesty. 
 Now in his ashes honour : Peace be with him ! " 
 
 Of Wolsey, there is" from the original of Holbein, in the collec- 
 tion at Christ church, Oxford," a fine engraving.'** He has been 
 pronounced in England the most extraordinary man that, as favorite 
 or minister, ever ruled the destinies of this kingdom"; his career 
 has been thought to exemplify the truth of Bacon's maxim — that 
 prosperity doth best discover vice, and adversity doth best discover 
 virtue.'"*' 
 
 7. Of the Masters of the Rolls in this reign until Wolsey s retire- 
 ment from the chancellorship y to wit: fohn Yonge, Cuthbert Ttin- 
 stall, fohn Gierke, Thomas Hannibal and fohn Taylor. 
 
 Hr.fohn Yonge, mentioned in ch. 28, § 14, p. 883, retained the 
 mastership of the Rolls''*' till his death, April 25, 1516; he has the 
 credit of having been a friend of Dean Colet and a patron of Eras- 
 mus.'*' Dr. Yonge's successor at the Rolls was Cuthbert Tunstall."'* 
 
 '^ To the College of Oxford was Chapel, is the work of Pietro Torre- 
 given the name of ' Cardinal College.' giano, a very eminent Florentine. 
 On Wolsey's fall, the King refounded it I Walpole's Painters, p. 165 of 4th edi. 
 under the name of King's College; but 1786; Ireland's Inns of Court, sect. 15, 
 in a few years afterwards, when the Epis- p. 205. It represents him in a scarlet 
 copal See was translated to Oxford, it robe, with a four-cornered cap. Id. 
 was designated Christ Church. Id. "" This grandson of Sir Thomas Tun- 
 ** Lodge's Portr., vol. i, No. 4. stall, of Thurland Castle, in Lancashire, 
 "^ Foss's Biogr. Jurid. was born in 1474 or 1475 ^' Hatchford, 
 2*8 Diplomatic services were occasion- in Richmondshire, and was entered at 
 ally required of him. (Lingard vi, 9.) Balliol College, in Oxford, in 1491, but. 
 He was presented in July, 1313,10 the on account of the plague raging there 
 church of Cherfield, in the archdeaconry then, was removed to the sister univer- 
 of Huntingdon; and on May 17, 1514, sity as a member of King's Hall, now 
 succeeded Wolsey as dean of York. part of Trinity College. He completed 
 Foss's Biogr. Jurid. his studies at the University of Padua, 
 ^^ Id. His monument, in the Rolls where he took the degree of Doctor of 
 
968 
 
 Reign of Henry VIII 
 
 [tit. VII 
 
 He filled the office from May 12, 1516,"" until a short time before 
 Octo. 20, 1522,"^ wh^n/ohn Gierke''''^ was appointed to it. He held 
 the office not quite a year, vacating it Octo. 9, 1523.'" Next after 
 him was Thomas Hannibal^'''' who retained the office from OcSo. 9, 
 
 Laws, and on his return to England 
 entered into holy orders, being only sub- 
 deacon in 1508. After several eccle- 
 siastical preferments, he was introduced 
 by Archbishop Warham to Henry VIII, 
 and employed in diplomatic services, his 
 success on which is supposed to have 
 led to the mastership of the Rolls. 
 Foss's Biogr. Jurid. 
 
 "'In 1519 he was made archdeacon 
 of Chester, arid soon afterwards was 
 engaged with Sir Thomas More in set- 
 tling the provisions under the commer- 
 cial treaty with the Emperor Charles. 
 While at Brussels, on this embassy, his 
 friendship commenced with Erasmus, in 
 whose office he lodged. He became 
 dean of Salisbury in May, 1521, and 
 Bishop of London in Jan., 1522, after 
 which he resigned the mastership of the 
 Rolls. Id. 
 
 2'2 He was appointed keeper of the 
 Privy Seal July 12, 1523, and rendered 
 farther service in various embassies 
 (Sir H. Ellis's 3d series of Orig. Let., 
 vol. I, p. 230 to 232, and p. 271 to 273, 
 vol. 2, p. 12, p. 20,) until March 25, 
 1530, when he received restitution of 
 the temporalities of Durham, to which 
 see he had been translated on the resig. 
 nation of Cardinal Wohey. Subse- 
 quently, by temporizing, he preserved 
 the favour of the King, who made him 
 president of the north, and appointed him 
 one of the executors of his will, with a 
 legacy of ;£300. Foss's Biogr. Jurid. 
 
 ^''Educated at Cambridge, where he 
 took the degree of Doctor in Divinity; 
 and probably the John Gierke, who wiih 
 Richard Pace, was in the service of Car- 
 dinal Bainbridge at the time of his 
 unhappy death at Rome, in July, 15 14. 
 
 (Sir H. Ellis's 3d series of Orig. Let., 
 vol. I, p. 172 to 180.) He was one of 
 Wohey'' s chaplains, and after other eccle- 
 siastical preferment was, in 1519, colla- 
 ted to the archdeaconry of Colchester, 
 and installed dean of Windsor. In 1521 
 he began his career as an ambassador by 
 the presentation to the Pope of the book 
 (mentioned in ^ 5,p. 935) which Henry 
 VIII had written against Martin Luther; 
 and he solicited and obtained the bull 
 by which the pontiff designated Henry 
 as ' defender of the failh.' Orig. Let. 
 Sir H. Ellis's 3d series, vol. i, p. 254 
 to 271, and p. 282 to 286; Foss's Biogr. 
 Jurid. 
 
 "■'In consequence of his elevation to 
 the bishopric of Bath and Wells. He 
 seems to have been afterwards employed 
 at Rortie until 1526, and in that year in 
 France. He accompanied Cardinal 
 Campeggio to England in 1528 (Orig. 
 Let., Sir H. Ellis's 3d series, vol. 2, 
 p. 149 to 151), and engaged on the side 
 of Henry VIII in the matter of the 
 divorce, serving the citation upon Queen 
 Catharine. His last embassy was in 
 1540 to the Duke of Cleve, to declare 
 the King's reason for divorcing himself 
 from the Duke's sister. On his return 
 he fell ill at Dunkirk, and, by some, 
 there was suspicion of poison. After a 
 lingering illness, he died in London 
 Jan. 3, 1541. His remains were interred 
 first in the nunnery of the minories, and 
 thence removed to the church of St. 
 Botolph Aldgate. Sir H. Ellis's 3d 
 series of Orig. Let., vol. i, p. 255; 
 Foss's Biogr. Jurid. 
 
 "»In 1504 he entered the University 
 of Cambridge, and received a prebend 
 in the church of York. In 1514 he 
 
■CH. XXX.] 
 
 1509 TO 1546-7. 
 
 969 
 
 1523, till June 26, 1527, when he voluntarily surrendered/" and was 
 succeeded by John Taylor^'" who held it for above seven years.™ 
 
 8. Friendly communications between Wolsey in his latter years and 
 Archbishop Warham. Of this archbishop's age and infirmity. 
 He could not on Wolsey' s retirement have desired the chancellor- 
 ship. Thomas More, in the ascendant. Of his intimacy with 
 Erasmus ; and generally of More's life before Ocio. 1529. 
 
 Among the letters from Archbishop Warham to Wolsey is one of 
 thanks for manifold favours heretofore, ' and now specially,' 
 
 " Not only to advise me to make myne abode in hiegh and dry 
 :grounds, as Knoll and such other, but also to offer unto me of your 
 -singular benignitie and goodnes a pleasaunte lodging in your niooste 
 holsome manor of Hampton courte, where I should not diseasee 
 
 took at Cambridge the degree of Doctor 
 of Laws, and became chancellor of the 
 diocese of Worcester. In 1522 both he 
 and Dr. fohn Gierke were engaged at 
 the Roman court in the double capacity 
 of King Henry's orators and private 
 ■agents for Cardinal Wolsey. Foss's 
 Biogr. Jurid. 
 
 ^™ Having previously, to wit: in 1524 
 presented to the King a rose of gold 
 sent by the Pope. Id. 
 
 ""'' One of three produced at a birth in 
 Staffordshire, who being presented as a 
 curiosity to the King, while hunting in 
 that county, were, by the royal com- 
 mand, all carefully educated. John 
 became an eminent canonist. From 
 Wood's description of him as 'a doctor 
 of decrees and of the sacred canons 
 ieyond the seas,' it is supposed that he 
 took his degree in a foreign university ; 
 he is mentioned as incorporated at Cam- 
 bridge in 1520, and at Oxford in May, 
 1522. Meanwhile, in 1503, and after- 
 wards, he received several benefices, 
 and, in 1504, was united with Dr. yohn 
 Yonge and others in negotiating a treaty 
 of commerce with Philip, Duke of Bur- 
 gundy; and in i Hen. VIII (1509) was 
 made clerk of the parliament, and im- 
 
 mediately afterwards was appointed 
 master in chancery. In June, 15 13, he 
 accompanied the King in his invasion 
 of France, witnessing the battle of 
 Spurs, &c.; his diary (in Latin) of the 
 events of the expedition is in the State 
 Paper office. In 15 14 he was chosen 
 prolocutor of the convocation, having 
 just previously been collated to the arch- 
 deaconry of Derby, which was followed 
 in the next year by that of Buckingham. 
 In May, 1515, he was sent to greet the 
 Venetian embassy at Deptford, and on 
 his introduction made to the ambassa- 
 dor's Latin oration an answer, which is 
 among the Cotton MSS. in the British 
 museum. In 1525 and 1526 he was 
 again in diplomatic duties ; in the latter 
 year in France. Foss's Biogr. Jurid. 
 
 2™ Mr. Foss states that soon after being 
 appointed Master of the Rolls, he was 
 " sent with several others to invest the 
 French King with the order of the Gar- 
 ter;" and that " he was also named as 
 one of the commissioners to try the 
 validity of King Henry's marriage with 
 Queen Catharine; the duty of ex- 
 amining the witnesses devolving upon 
 him." Biogr. Jurid. 
 
970 Reign of Henry VIII [tit. vir 
 
 norther be diseased, there to contynue for the atteignyng of my 
 healthe as long as I shuld thinke it expedient.'!"" 
 
 That before Wolsey's surrender of the Great Seal Warham was 
 old and infirm, is manifest from his reply to Wolsey's letter of Sep- 
 tember i8, (1528) requesting him to receive Cardinal Campegius at 
 Canterbury and accompany him on his journey towards London."^ 
 If in 1529 the Great Seal was offered to Warham (which is at least 
 doubtful)'*^ it may reasonably be supposed that he declined it because 
 of his age and infirmity, or for other sufficient reason.'''' 
 
 Thomas More (mentioned in ch. xxviii, § 13, p. 578 to 580)'* was 
 now in the ascendant. About a year before his marriage (1505) his 
 opposition to a certain grant had caused the resentment of Hen. VII.^ 
 After the accession of Hen. VIII, More was appointed one of the 
 governors of Lincoln's Inn. Between his first reading, in the autumn 
 of 151 1, and his second in Lent, 15 16, his reputation rose high. 
 Now he was counsel in numerous cases; and also undersheriff of 
 London.''^ In a letter of 1516 he tells Erasmus — 
 
 'When I returned from my embassage of Flanders, the king's 
 majesty would have granted me a yearly pension ; which, surely, if I 
 should respect honour and profit, was not to be contemned by me; 
 yet have I as yet refused it, and I think I shall refuse it, because 
 
 '" Sir H. Ellis's 3d series of Orig. Science of Law. It was perhaps during 
 
 Let., pp. 38, 39. Sir H. Ellis supposes his residence near the Charter House 
 
 this letter was " written earlier than that he delivered lectures on the work of 
 
 1526, since, in that year, Hampton St. Augustine, De Civiiate Dei. Foss's 
 
 Court was no longer Wolsey's moost Biogr. Jurid. 
 
 holsome maner:' he had given it to the ''■^ Id. ; Lodge's Portr., vol. I, No. 7. 
 
 King." /./., p. 38. '^^ Foss's Biogr. Jurid. He was made 
 
 28<i/(/., p. 149. under-sheriff • Sept. 3, 1510; and still 
 
 ^^t Lingard's iSigl., ch. 3, p; 165. held the office May 8, 1514; ai) entry 
 
 2*2 Foss's Biogr. Jurid. ; 1 Froude's then in the city rt cords stating that it 
 
 Engl., ch. 2, p. 160. was agreed by the common council 'that 
 
 '^Although he may have been at New Thomas Moore,' Gent., one of the under- 
 
 Inn before his admission into the society sheriffs of London, should occupy his 
 
 of Lincoln's Inn, yet the date of his office and chamber by a sufficient deputy 
 
 admission into the latter is so early as during his absence as the King's ambas- 
 
 II Hen. VII (1496.) After being an sador in Flanders.' Afterwards, he was 
 
 utter barrister, he, for three years, de- again on an embassy, for which he 
 
 livered at Furnival's Inn lectures on the received a similar license. Id. 
 
CH. XXX.] 1509 TO 1546-7. 971 
 
 either I should forsake my 'present means which I have in the city, 
 which I esteem more than a better, or else I should keep it with some 
 grudge of the citizens, between whom and his highness, if there 
 should happen any controversies (which may sometimes chance), 
 they may suspect me as not trusty and sincere with them, because I. 
 am obliged to the king with an annual stipend.' 
 
 He then estimated the gains from his office and his private business 
 at ;^ 400 a year, which, according to the then value of money, was a 
 large income.'* 
 
 The Utopia is (in the first edition printed at Louvain in 15 16) 
 stated to be ' Per Clarissimum ei eruditissimum Virum D. Thomam 
 Morum, civevt et vice-comitem Londinemsem" '*' The dedication of 
 this work to an intimate friend has (according to one translator) 
 these expressions : '^ 
 
 "Whilst I daily plead other men's causes, or hear them, sometimes 
 as an arbitrator, otherwhile as a judge; whilst this man I visit for 
 friendship, another for business, and whilst I am employed abroad 
 about other men"s matters all the whole day, I have no tmie ior my- 
 self, that is for study : for when I come home I must discourse with 
 my wife, chat with my children, speak with my servants; and seeing- 
 this must needs be done, I number it amongst my affairs, and needful 
 they are, unless one would be a stranger in his own house ; for we 
 must endeavour to be affable and pleasing to whom either nature, 
 chance or choice, hath made our companions ; but with such measure 
 it must be done, that we don't mar them with affability, or make them, 
 of servants, our masters, by too much gentle entreaty and favour. 
 Whilst these things are doing, a day, a month, a year, passeth. 
 When then can I find any time to write ? for I have not yet spoken 
 of the time that is spent in eating and sleeping, which things alone 
 bereave most men of half their life. As for me, I get only that spare 
 time which 1 steal from my meat and sleep ; which, becaiuse it is but 
 small, I proceed slowly; yet, it being somewhat, I have now, at length, 
 prevailed so much, as I have finished and sent unto you, my Utopia.^* 
 
 More's arguments, display of erudition and succe'ss in the Star 
 Chamber, in a cause wherein the King claimed forfeiture of a ship^ 
 belonging to the Pope, led to his elevation. Resigning the under 
 
 28«Foss's Biogr. Jurid. be compared with the letter to Peter 
 
 ^'Campbell's Lives of Chancellors, Giles at Antwerp, in Campbell's Lives 
 
 vol. I, ch. 30, p. 518 of 2d edi. (1846), of Chancellors, ch. 31, p. 525 of 2d edi. 
 
 vol. 2, p. lo, of Boston edi. 1874. (1846;) ch. 30, p. 16 of vol. 2, Boston. 
 
 2^ I Lodge's Portr., No. 7. This may edi. 1874. 
 
"972 Reign of Henry VIII [Tir. vn 
 
 sheriffklty (15 19) he accepted the office of Master of the Requests; 
 received knighthood, and was introduced into the privy council."* 
 Becoming intidate both with the King and Cardinal Wolsey, he was 
 engaged in many diplomatic missions. In the parliament which met 
 April 15, 1523, he made as speaker an address, which has been 
 regarded as a model.''^" 
 
 At Chelsea, in Middlesex, an estate was purchased, and a spot 
 occupied by Thomas More ; '^^ before or after Erasmus was in Eng- 
 land under More's roof. Consistently with the words quoted from 
 Watkins in § 4, pp. 926, 927, and without controverting the statement 
 that Erasmus was not in England after 1518,'"' one may assent to Mr. 
 Green's language : 
 
 "It was at" More's '"house that Erasmus penned the ' Praise of 
 Folly'; and the work in its Latin title, ' Moria Encomium^ embodied 
 in playful fun his love of the extravagant humour of More";^' 
 
 And agree with Mr. Foss, 
 
 That "the picture of his domestic life is most delightfully drawn by 
 Erasmus."^'* 
 
 The following (wherever and whenever written) may be regarded 
 as a picture of which the scene is laid by Erasmus in More's house 
 ' near London upon the Thames,' and in which More is pleasantly 
 described *'° 'in the bosom of his family' at a period of his life^° 
 when he was at Chelsea : 
 
 "" Foss's Biogr. Jurid. Erasmus says 1813, p. 463. A-ubrey died about 17CX5. 
 
 •of Henry's conduct to More, 'The King ^^^ Penny Magazine for 1832, vol. I, 
 
 presented liim with a magnificent pre- No. 36, p. 296. 
 
 sent, the' neither craving nor soliciting ^''Green's Short Hist., ch. 6, \ 4, 
 
 it, with a handsome salary; altho' there p. 319 and p. 327; 2 Hist, of Engl, 
 
 was a competitor for it, and he a man Peop., book 5, ch. 2, vol. 2, p. 99. 
 
 sufficiently agreeable, who very earnestly '^*Biogr. Jurid. 
 
 sought for it.' The date, 20 June, 1519, '■^»It would be interesting to ascer- 
 
 is mentioned — and Ep., p. 68, is cited — tain — that which Mr. Lodge does not 
 
 in I Turner's Hen. VIH, edi. 1827, state — ■zw/jf?-^ Erasmus was when he drew 
 
 ipp. 48, 49. this picture; and when he drew it. 
 
 '""Foss's Biogr. Jurid. ^'^ More's first marriage having been 
 
 2'iT. Dugdale's Eng. and Wales, vol. in 1505 (Foss's Biogr. Jurid.), it must 
 
 .2, p. 420. His house there is mentioned have been some years after 15 18 before 
 
 in Aubrey's Letters, vol. 2, part 2, edi. he had ' eleven grandchildren.' 
 
CH. xxx.] 1509 TO 1546-7. 973- 
 
 "More hath built near London, upon the Thames, such a commo- 
 dious house as is neither mean nor subject to envy, yet magnificent 
 enough. There he converseth affably with his family; his wife, his 
 son and daughter-in-law ; his three daughters and their husbands ; 
 with eleven grand-children. There is not any man living so affec- 
 tionate with his children as he, and he loveth his old wife as well as if 
 she were a young maid ; and such is the excellence of his temper, that 
 whatsoever happeneth that could not be helped, he loveth it as 
 though nothing could have happened more happily. You would 
 say there were in that place Plato's academy; but I do the house 
 injury in comparing it to Plato's Academy, where there was only 
 disputations of numbers and geometrical figures, and sometimes of 
 moral virtues. I should rather call his house a school or university 
 of christian religion, for there is none therein but readeth or studieth 
 the liberal sciences ; their special care is piety and virtue ; there is 
 no quarrelling, or intemperate words, heard; none seen idle; which 
 household discipline that worthy gentleman doth not govern by 
 proud and haughty words, but with all kind and courteous favour. 
 Everybody performeth his duty, yet there is always alacrity ; neither 
 is sober mirth anything wanting.'"^' 
 
 Erasmus says : " Although More is negligent in his own temporal 
 concerns, yet no one is more assiduous than himself in assisting the 
 suits of his friends." — " If any one were desirous to have a perfect 
 model of friendship, no one can afford him a better than More. In 
 his conversation there is so much affability and sweetness of manner 
 that no man can be of so austere a disposition but that More's con- 
 versation must make him cheerful; and no matter so unpleasing 
 but that with his wit he can take away from it all disgust." ™* 
 
 More was holding the oflSce of under-treasurer of the Exchequer 
 when, in 1525, he was raised to that of chancellor of the Duchy of 
 Lancaster.^'' In 1527 he "was joined with Wolsey and others in an 
 embassy to the court of France;" in 1529 he "went with Tonstall to 
 Cambray to secure the payment of certain sums due to the King 
 from Charles the Fifth, his success in which business won him the 
 highest approbation."™" He was with the court at Woodstock on 
 Sept. 3 (1529), and thence wrote to his wife.*' His merit was uni- 
 versally acknowledged 
 
 302 
 
 '"This translation from Erasmus is in ^oo Lodge's Portr., vol. i, No. 7. 
 
 Lodge's Portr., vol. i, No. 7. ^'Scoones's Engl. Letters, N. Y. edi.. 
 
 298 2 Seward's Anecdotes, p. 96; 1880, pp. 11, 12. 
 
 "^ Foss's Biogr. Jurid. ^''6 Lingard's Engl., ch. 3, p. 166. 
 
974 Reign of Henry VIII [tit. viz 
 
 i>. The Great Seal delivered to Sir Thomas -More 'Gcto. 25th, 1529. 
 When inducted into his seat, ' exhortation! by the Duke of Nor- 
 folk and answer by More. Generally as to his dilligence and 
 purity ; and his manner of discharging judicial duty. His 
 ready wit ; when a madman would have thrown him from the 
 battlements. The King's appreciation of him.. Opinions of the 
 philosopher of the Utopia contrasted with More's practice when 
 in public office. 
 
 The Great Seal was delivered to More by the King ' at his manor 
 of Plesaunce alias Est grenwiche' on October 25, 1529.''°' 
 
 The next day he was inducted into his seat in the court of chan- 
 cery after — what is believed to be without previous example on such 
 an occasion — ' a noble exhortation' by the Duke of Norfolk, ' as well 
 to the chancellor as to the people, and an answer of the chancellor;' 
 the object seeming to have been to justify the king's selection of a 
 layman, instead of an ecclesiastic' or a nobleman, by enlarging on the 
 wisdom, integrity and wit of Sir Thomas, and the extraordinary 
 abilities he had already shewn in the affairs that had been entrusted 
 to him.^°* Great was his diligence in the performance of the duties 
 of the chancellorship. The poorest suitor obtained ready access to 
 him, and speedy trial, while the richest offered presents in vain, and 
 kindred found no favour.'"^ 
 
 303 Foss's Biogr. Jurid. new year's gift, he would take her 
 ''"Foss's Biogr. Jurid. ^o;-A answer gloves, but refuse the lining.' Another 
 was modest and becoming, with a grace- suitor brought him a gilt cup, ' the 
 ful and feeling allusion to the fall of his fashion whereof he very well liking,' 
 predecessor. Id. caused one of his own, better in value, 
 '"^Xhe previous custom of presenting to be brought, which he willed the 
 new year's gifts often afforded a cover messenger in recompense to deliver to 
 to suitors in his court for tendering his master." And on a complaint made 
 bribes, which, when attempted, he would to the council, after his resignation, that 
 with sly humour evade. A rich widow, he had accepted a great gilt cup, which 
 named Croker, who had obtained a a party, in whose favour he had pro- 
 decree against Lord Arundel, presented nounced a decree, had sent to him by 
 him one new year's day with a pair of his wife, — he acknowledged that he had 
 gloves and forty pounds in angels in done so, but further declared that albeit 
 them. Emptying the money into her he had indeed received that cup, yet 
 lap, he told her that as it was ' against immediately thereupon caused he his 
 good manners to forsake a gentlewoman's butler to fill it with wine, and of that 
 
■CH. xxx] 1509 TO 1546-7. 975 
 
 Besides his regular attendance in the court, he would at his own 
 house, sitting in his open hall, in many instances bring the parties to 
 ■a friendly reconcilement of their disputes. The matter in complaint 
 being laid before him, with the lawyer's name attached to it, he would 
 refuse to grant a subpcena if he thought the matter too trifling for 
 •discussion.™ But notwithstanding a judgment at law, he would 
 interfere on equitable considerations.^"' 
 
 Of More's country house at Chelsea, John Aubrey wrote before 
 1700:"° 
 
 Where the gate is now, adorned with two noble pyramids, there 
 stood anciently a gate house, which was flat on the top, leaded, from 
 whence is a most pleasant prospect of the Thames and the fields 
 beyond; on this place the Lord Chancellor was wont to recreate 
 himself and contemplate. It happened one time that a Tom of Bed- 
 lam came up to him, and had a mind to have thrown him from the 
 battlements, saying, ' Leap, Tom, leap.' The chancellor was in his 
 gown, and besides ancient, and not able to struggle with such a strong 
 fellow. My Lord had a little dog with him ; said he, ' Let us first 
 throw the dog down and see what sport that will be' ; so the dog was 
 thrown over. 'This is very fine sport,' said my Lord, 'fetch him up 
 and try once more.' While the madman was going down, my Lord 
 fastened the door and called for help, but ever after kept the door 
 shut.'"' 
 
 In Sir Thomas the King appreciated not only that solidity of 
 understanding and that integrity of character so valuable in a coun- 
 
 cup drank to her ; and that when he had ments were suspetided by injunctions 
 
 so done, and she pledged him, then as out of chancery, Sir Thomas caused a 
 
 freely as her husband had given it to list of those he had granted to be made 
 
 him, even so freely gave he the same out, and, inviting the judges to dinner, 
 
 again to her to give unto her husband discussed with them the grounds of his 
 
 for his new year's gift.' Id. decision in each case. On their ac- 
 
 ™ In this duty, as in other cases, his knowledging these to be just and reason- 
 humour would sometimes be shewn. A able, he recommended them themselves 
 case having been laid before him by one in future to qualify the extreme rigour of 
 * Tubbe,' an attorney, which he found to the law by like equitable considerations, 
 be on a very frivolous matter, he re- and thus prevent the necessity of the 
 turned the paper with the words, ' a tale chancellor's interference. Id. 
 of a prefixed to the lawyer's signature, '"* He died about 1700. 
 ■■Tubbe.' Id. soa ^.ubrey's Letters, vol. a, part 2, 
 
 30' The common law judges having edi. 1813, p. 462, 463; 4 Seward's 
 
 complained then, as indeed they did for Anecdotes, p. iii. 
 a long time afterwards, that their judg- 
 
■976 Reign of Henry VIII [tit. vir 
 
 selloi. but those intellectual powers and that liveliness of humour 
 which made him so attractive a companion."" 
 
 Yet against More there is evidence which it is painful to read. 
 
 " This philosopher of the Utopia,"" the friend of Erasmus, whose 
 life was of blameless beauty, whose genius was cultivated to the 
 highest attainable perfection," has been cited "to prove to the world 
 that the spirit of persecution is no peculiar attribute of the pedant, 
 the bigot or the fanatic, but may co- exist with the fairest graces of 
 the human character.'"''' 
 
 It may be so. But what is said by Lord CampbelP" should be 
 carefully weighed with what Mr. Froude has cited.*'^ For, as Mr. 
 Green observes of More, "his severities against the Protestants, 
 exaggerated as they " may " have been by Polemic rancour, remaia 
 the one stain on a memory that knows no other."™ 
 
 lo. From Nov. j, ijsp, until May i6, t§^2 : Acts oj parliament ; 
 especially stat. 21 Hen. VIII, ch. 4, ' ccmcerning executors,' and 
 stat. 2j Hen. VIII, ch. 5, concerning commissioners of sewers. 
 Of discretion; proceedings as to the Queen; and Holbein's 
 portrait of More. More's resignation of the Great Seal. His 
 successor. 
 
 There was an oration by Chancellor More^''' of the causes of the 
 parliament in 21 Hen. VIII (1529.) The session began in London on 
 
 81° 3 Seward's Anecdotes, p. 95. Mr, when in office, is noticed in 3 Seward's 
 
 Foss says: "The King's continued en- Anecdotes, p. 100; Green's Short Hist.,, 
 
 joyraent of his society would be often ch. 5, | 4, p. 330; Hist, of Engl. Peop., 
 
 shewn by his sudden visits to More's book 5, ch. 2, pp. 103, 104. 
 
 house at Chelsea, partaking of his din- 'i^ 2 Froude's Eijgl., ch. 6, p. 79. 
 
 ner, and treating him with that sort of ^" Lives of Chancellors, ch. 32, p. 553 
 
 playful kindness of which there is no to 555 of vol. i, 2d edi. (1846) ; p. 42 to 
 
 other example than the intercourse be- 44 of vol. 2, Boston edi. 1874. 
 
 tween Henry II and Becket, before the ^'S 2 Froude's Engl., ch. 6, p. 80 to 94. 
 
 latter was invested with the archiepis- ^is Queen's Short Hist., ch. 6, \ 6, 
 
 copal mitre." Biogr. Jurid. Green's p. 342; Hist, of Engl. Peop., book 5, 
 
 Short Hist., ch. 6, \ 4, p. 327 ; 2 Hist. ch. 4, p. 148. 
 
 of Engl. Peop., ch. 2, p. 99. "7 Lives of the Chancellors, ch. 32, 
 
 '"2 Turner's Hen. VIII, edi. 1827, p. 545 of vol. I, 2d edi. (1846), pp. (34, 
 
 p. 363 to 366. 35 of Boston edi. 1874, citing i Pari. 
 
 *'^ The contrast between what is laid Hist. 490. Hall, p. 764, is cited in 
 
 down in the Utopia, and what More did i Froude's Engl., ch. 2, p. 194 to 196. 
 
CH. XXX.] 1509 TO 1546-7 977 
 
 Wednesday, Nov. 3, and was continued tJ the next day, and then 
 holden at Westminster. The statutes of this session embrace 26 
 chapters ; "'^ whereof chapters four, five, six, nineteen and twenty, are 
 in I 'Statutes Revised."" Chapter 4 is "concerning executors of 
 last wills and testaments," and after recital therein enacts — 
 
 " That where part of the executors named in any such testament 
 of any such person so making or declaring any such will of any 
 lands, tenements, or other hereditaments, to be sold by his executors 
 after the death of any such testator, do refuse to take upon him or 
 them the administration and charge of the same testament and last 
 will wherein they be so named to be executors, and the residue of the 
 same executors do accept and take upon them the care and charge 
 of the same testament and last will that then all bargains and 
 sales of such lands, tenements or hereditaments so willed to 
 be sold by the executors of any such testator, as well heretofore 
 made, as hereafter to be made, by him or them only of the said 
 executors that so doth accept, or that heretofore hath accepted, 
 and taken upon him or them any such care or charge of ad- 
 ministration of any sucli will or testament, shall be as good and 
 as effectual in the law as if all the residue of the same execu- 
 tors, named in the said testament, so refusing the administra- 
 tion of the same testament had joined with him or them in the 
 making of the bargain and sale of such lands, tenements, or other 
 hereditaments so willed to be sold by the executors of any such 
 testator which heretofore hath made or declared, or that hereafter 
 shall make or declare any such will of any such lands, tenements 
 or other hereditaments after his decease to be sold by his execu- 
 tors.'"''" 
 
 Ch. 5 is of 'extortion."" Ch. 19 is concerning avowries.^''^ Ch. 2a 
 referring to the statute of 3 H. VII, ch. i,'*® organizing the court of 
 Star chamber, recites that in that statute " the president of the king's 
 most honorable council" is omitted, and in its enactment mentions 
 him, next after the Chancellor and treasurer. Historians ^'^* make 
 observations upon other bills; especially upon the disposition of par- 
 
 'I83 Stat, of the Realm, p. 282 to 317. ^'^ 3 Stat, of the Realm, pp. 303, 304; 
 
 5"Edi. 1870, p. 378 to 387. I 'Statutes Revised,' edi. 1870, pp. 385, 
 
 '2" 3 Stat, of the Realm, p. 285; 386. 
 
 I Statutes Revised, edi. 1870, pp. 378, '2' Mentioned in ch. 28, \ 6, p. 869. 
 
 379. As' to "any -viWl or testament '"3 Stat, of the Realm, p. 304; 
 
 heretofore made" there is a proviso. Id. i ' Statutes Revised,' edi. 1870, pp. 386, 
 
 ^^ Construed in 6 Jac. i, in Neale and 387. 
 Sowsie, 13 Rep. 25. 
 62 
 
978 
 
 Reign of Henry VIII 
 
 [tit. VII 
 
 liament "to reduce the power and privileges of the ecclesiastics.""^ 
 
 On Dec. 8, 1529, Anne Boleyn's father, viscount Rochford, was 
 created earl of Wiltshire in England and earl of Ormond in Ire- 
 land.'^^ He was entrusted now with a mission to Bologne during four 
 months that Charles V and Pope Clement were there.'*" 
 
 " To the earl, however, were joined three colleagues, Stokesley, 
 bishop elect of London, Lee, the king's almoner, and Bennet, doc- 
 tor of laws; and these were accompanied by a council of divines, 
 among whom was Thomas Cranmer.''^'^ 
 
 This mission being unsuccessful was followed by efforts to obtain 
 opinions from learned men and celebrated universities.''" In 1530, 
 the King sent into France, William Paget,"'" to collect opinions of 
 learned and experienced jurists on the question of the divorce."' 
 On July 13, was a declaration from the archbishop and other members 
 of the House of Lords to the Pope; his reply thereto was in Septem- 
 ber;™ on the i6th of that month was the King's proclamation — 
 
 '''53 Hume's Engl., ch. 30, pp. 178, 
 J79; 6 Lingard's Engl., ch. 3, pp. 156, 
 157; I Froude's Engl., ch. 3, p. 198 to 
 236. 
 
 '26 Miss Strickland's Queen's of Engl., 
 vol. 4, p. l6l, note. 
 
 '" In justification of his choice, Henry 
 is said to have observed 'Uhat no one 
 could be more interested in the event of 
 the mission than the man whose daughter 
 would reap the fruit of it." 6 Lingard's 
 Engl., ch. 6, p. 168. How Charles 
 vifwed him is stated in /a'., pp. 169, 170. 
 
 ^'^^ Id., p. 170 to 172 ; 2 Turner's Hen. 
 Vni, edi. 1827, pp. 314, 315; 2 Mack- 
 intosh's Engl., Phila. edi. 1831, p. 136 
 to 138 ; Sir H. Ellis's 3d series of Orig. 
 Let., vol. 2, p. 167 to 170. Copies were 
 distributed of the octavo volume which 
 emanated from the King, and was printed 
 by Berthelet, entitled ' A Glasse of the 
 Truthe,' a dialogue between a lawyer 
 -and a doctor upon the subject of the 
 divorce. Id., p. 194 to 199. 
 
 '8° He sprang from a private family in 
 Staffordshire, whence his father, a native 
 of Wednesbury, in that county, mi- 
 grated to London, where he obtained 
 the office of Serjeant at Mace in the cor- 
 poration. William was born in that city 
 in 1506, and commenced his education 
 in St. Paul's school (under Lilly), whence 
 he was removed to Trinity Hall, in Cam- 
 bridge. He became known to Gardiner, 
 Bishop of Winchester ; was received into 
 his family ; and after a time sent under 
 his auspices to complete his education in 
 the University of Paris, whence he re- 
 turned again into the Bishop's house. 
 Lodge's Portr., vol. 2, No. 12. 
 
 331 <. ^n(j rewarded him on his return 
 with the appointment of a Clerk of the 
 Signet, which was afterwards confirmed 
 to him for his life." His employment in 
 1537 is mentioned in Id. 
 
 »32i State Tr., p. -342 to 345; 6 Lin- 
 gard's Engl., ch. 3, pp. 172, 173; 2 Tur- 
 ner's Hen. VHI, edi. 1827, p. 316; 
 I Froude's Engl., ch. 4, p. 308 to 312. 
 
CH. XXX.] 1509 TO 1546-7. 979 
 
 " Forbidding any person to purchase from Rome or to publish 
 anything prejudicial to his royal prerogative, or to the hindrance of 
 his purposes." ''^ 
 
 Yet when the King and Queen passed at Greenwich the Christmas 
 ■of 1830, the matter of their divorce seems to have been still pending 
 at Rome.''* 
 
 Statutes of the parliament which began its session at Westminster 
 ■on Jan. 16, in 22 Hen. VIII (1530-31), embraces 23 chapters;''^ 
 whereof the fourth and fifth are in i 'Statutes Revised.'"^" Lord 
 •Coke says : 
 
 ■' Of common right all the country shall be charged to the repara- 
 tion of a bridge; and therewith agreeth 10 E. Ill, 28' — that a bridge 
 shall be levied by the whole country, because it is a common ease- 
 ment for the whole country; and as to that point, the statute of 22 
 Hen. VIII, cap. 5th, was but an affirmance of the common law."'" 
 
 During that same session of parliament which began in 1530-31, 
 to-wit: on March 31, the Lord Chancellor, accompanied by Dr. 
 Stokesley, bishop of London, and other lords, came into the Lower 
 House ' respecting the divorce ' ; on which occasion Sir Brian Tuke 
 read determinations of foreign universities, and books of doctone 
 ' declaring the marriage unlawful ' ; and also read the proceedings at 
 Oxford and Cambridge. Whereupon the King prorogued the par- 
 liament. An interview between lords of his council and the Queen 
 ■ended with her being informed that the King gave her liberty to 
 repair to his manor of Oking, or Estamsteed, or the monastery of 
 Bisham ; she replied ' that to what place soever she removed, nothing 
 could remove her from being the king's wile.' After this time (July 
 14, 1531) the King never saw her more:''* the pope's letter to per- 
 
 333 2 Turner's Hen. VIII, edi. 1827, causey, he ought to repair the same, for 
 
 pp. ^22 ■^22. ^^ hath the toll to that purpose, ei qui 
 
 „,-,.' c ■ 1 1 ji /^ <• -c 1 senlit commodum sentire debet et onus; 
 
 3S* Miss Strickland's Queens of Engl., ^^^ therewith agrees 14 E. Ill, Bar 276 ;'" 
 
 vol. 4, p. 105. 13 Rep. 33, 
 3353 Stat, of the Realm, p. 318 to 361. 
 
 ^Edi. 1870, p. 387 to 391. "' ' State Tr., p. 349 to 352; 6 Lin- 
 
 gard's Engl., ch. 3, pp. 179, \'&iS; 2 Tur- 
 ks' Ld. Coke adds, " This is true, when „„,_ tT„ VTTT ^A\ tSo^ o,0 ,, 
 
 . , 1 , .1 1 .. • ner s rien. Vlii, edi. 1027, pp. sio, ^IQ. 
 
 no other is bound by the law to repair c. • , , , "if o )j »• 
 
 it; but he who hath the toll of the men Miss Strickland says, she "never again 
 
 or cattle which pass over a bridge or beheld her husband or child. Her first 
 
980 Reign of Henry VIII [tit. vir 
 
 suade him ^"— and the motion in the House of Commons to petition 
 him'*" — to take his wife again, and other proceedings (of the pope) 
 being all unavailing. 
 
 Statutes made in the session of parliament holden by prorogation 
 at Westminster on the fifteenth day of January, in 23 Hen. VIII 
 (1531-2), embrace thirty-four chapters;"*'' whereof the fifth is "a gen- 
 eral act concerning commissions of sewers to be directed in all parts 
 within this realm," 
 
 "From time to time where and when need shall require," "to such 
 substantial and indifferent persons as shall be named by the lord 
 chancellor and lord treasurer of England, and the two chief justices 
 for the time being, or by three of them, whereof the lord chancellor 
 to be one." 
 
 "It was resolved that these words in the said act sc 'according to 
 your wisdoms and discretions,' are to be intended and interpreted 
 according to law and justice, for every judge or commissioner ought 
 to have duos sales, viz. : salem sapienticB, ne sit insipidus & salem 
 conscientics, ne sit diabolus. Also discretion, as it is well described, 
 \^ scire per legem quid sit justum ; and therefore the commissioners, 
 of sewers ought to pursue as well their commission, as the oath, 
 expressed in the said act of 23 H. VIII, which they take to execute 
 their commission, in the same manner as it is there prescribed."^*'' 
 
 Therewith agrees the description of discretion in 40 Eliz. : 
 
 " Notwithstanding the words of the commission give authority to- 
 the commissioners to do according to their discretions, yet their pro- 
 ceedings ought to be limited and bound with the rule of reason and 
 law. For discretion is a science or understanding, to discern be- 
 tween falsity and truth, between wrong and right, between shadows 
 and substance, between equity and colourable glosses and pretences, 
 and not to do according to their wills and private affections : for as 
 one saith talis discretio discretionem confimdity^"' 
 
 abiding place was her manor of the '"/(i., pp. 356, 356; 6 Lingard's 
 
 More in Hertfordshire; she then settled Engl., ch. 3, pp. 184, 185; 1 Froude's 
 
 at Aropthill." i Queens of Engl., p. 105 ; Engl., p. 389. 
 
 I Froude's Engl., ch. 4, pp. 314, 315. ""3 Stat, of the Realm, p. 362 to 416. 
 
 339 Dated Jan. 25, 1532. i State Tr., ^^ Jac. i, Keighley's case, 10 Rep., 
 
 P- 353 '0 355; 2 Turner's Hen. VUI, 140a. 
 
 edi. 1827, pp. 320, 321; I Froude's ^^Rooke's case, 5 Rep., looa (cited 
 
 Engl., ch. 5, pp. 288, 289. in 6 Rob. Pract. tit. 5, p. 639); Case of 
 
 3iO 
 
 I State Tr., p. 355. the Isle of Ely, 10 Rep., 141. 
 
■CH. XXX.] 1509 TO 1546-7. 981 
 
 The 5th chapter, so construed, and chapters 9, 10, 13, 15 and 20 
 are in the 'Statutes Revised."" 
 
 Among the last measures during Move's chancellorship'** are some 
 as to divorcing Henry from Catharine. Such opinions of universi- 
 ties and answers of theologians and canonists as had been presented 
 to the House of Commons,'*' did not satisfy More's conscience. He 
 apprehended bad consequences from those proceedings and is 
 thought to have viewed with distrust such interference in ecclesias- 
 tical matters as Thomas Cromwell was then urging. Permission to 
 resign the Great Seal was sought by him on the ground of illness ; 
 and on the i6th of May, 1532, was granted by the King with cordial 
 acknowledgements of his services and promises of continued favour.'** 
 
 During More's chancellorship Hans Holbein, who in Switzerland 
 had become acquainted with Erasmus and taken his picture, brought 
 -it as a present, with letters of recommendation, to More. " 
 
 "Holbein was kindly received by More, and was taken into his 
 Jiouse at Chelsea. -There he worked " (it has been said), "for near 
 three years, drawing the portraits of Sir Thomas, his relations and 
 friends. The King visiting the chancellor, saw some of those pic- 
 tures and expressed his satisfaction. Sir Thomas begged him to 
 accept which ever he liked — but he enquired for the painter, who was 
 introduced to him. Henry immediately took him into his own 
 service.'"*' 
 
 In the 17th century, John Aubrey wrote: 
 
 "In the hall of Sir John Lenthall at Bessilslye, in Berks,'*" is an 
 ■original of Sir Tho. and his father, mother, wife and children, done 
 by Hans Holbein.'"" 
 
 '**Edi. 1870, vol. I, p. 392 to 409. new chancellor to repeat the expression 
 
 3*62 Turner's Hen. VIII, edi. 1827, in the royal presence at the opening 
 
 p. 323 to 326. of Parliament." Foss's Biogr. Jurid. ; 
 
 ^*' There were printed some that were I Froude's^ Engl., ch. 4, p. 338 to 340. 
 not presented to either House of Par- ^*' i Walpole's Anecdotes of Painters, 
 
 liament. Sir. H. Ellis's 3d series of edi. 1786, p. 104 to iii. 
 Orig. Let., vol. 2, p. 223. s^" Besselsleigh, in Berks, is 6 miles 
 
 ^* " Causing the Duke of Norfolk, on from Oxford, and 60 from London, 
 
 introducing his successor, to say that he i Dugdale's Engl, and Wales, p. 155, 
 ihad been only allowed to retire at his ^^^2 Aubrey's Letters, edi. 1813, p. 464. 
 
 ■own earnest entreaty, and obliging the 
 
982 Reign of Henry VIII [tit. vii: 
 
 Of Sir Thomas and his father Mr. Lodge has published engravings 
 from the original of Holbein, to-wit: of Sir Thomas "in the collec- 
 tion of W.J. Lenthall, Esq.";'=' and of Sir Thomas's father in the 
 Earl of Pembroke's collection. '^^ Horace Walpole says: 
 
 " Holbein was equal to dignified character. He could express the 
 piercing genius of More or the grace of Anne Boleyn.'" Employed 
 by More, Holbein was employed as he ought to be. This was the 
 happy moment of his pencil; from painting the author, he rose to 
 the philosopher, and then sunk to work for the King.'" I do not 
 know a single countenance into which any master has poured greater 
 energy of expression than in the drawing of Sir Thomas More at 
 Kensington. It has a freedom, a boldness of thought and acuteness. 
 of penetration that attest the sincerity of the resemblance. It is Sir 
 Thomas More in the rigour of his sense, not in the sweetness of his 
 pleasantry. Here he is the unblemished magistrate, not that amiable 
 philosopher, whose humility neither power nor piety could elate, and 
 whose mirth, even martyrdom could not spoil." ^°'' 
 
 The ^x-chancellor More continued serene and cheerful.'" As; 
 illustrating his integrity in his chancellorship, Mr. Roper says, 
 
 " That after the resignation of it he was not able sufficiently to find 
 meat, drink, fuel, apparel and such other necessary charges ; and that 
 after his debts paid he had not, I know (his chain excepted), in 
 gold and silver left him the value of one hundred pounds."-^ 
 
 Thomas Audley'^^'^ on May 30, 1532, became the possessor of the 
 
 8i52 Lodge's Portr., vol. I, No. 7. studied law at the Inner Temple, and ia 
 
 '='Jd., No. 6. 1526 became autumn reader. He ob- 
 
 '" From the original of Holbein, in tained a seat in the House of Commons 
 
 the Earl of Warwick's collection, there in 1523 as member for Essex ; and was 
 
 is an engraving of Queen Anne in Id., Speaker of the Parliament of Nov., 1529, 
 
 No. 8. which was signalized by the fall of Wol- 
 
 '55 From the original of Holbein, in sey, and the attack on the papal power. 
 
 the Earl of Egremont's collection, there It was then the practice for the King to 
 
 is an engraving of King Henry the communicate with the Speaker and cer- 
 
 Eighth in Id., No. 16. tain members of the House on subjecte- 
 
 356 I Walpole's Anecdotes, pp. 109, 1 10. which he intended to come before them ; 
 
 '51 3 Hume's Engl., ch. 30, p. 189. and in these matters Audley was found 
 
 '58 I Seward's Anecdotes, p. 58. a willing instrument. His services were 
 
 '59 Born (according to Morant) at rewarded by his being appointed in 1530. 
 
 Earl's Colne in Essex in 1488. If (as is attorney for the Duchy of Lancaster, and 
 
 believed) he went to one of the Univer- in 1531 King's Serjeant. Foss's Biogr.. 
 
 sities, it was probably Cambridge. He Jurid. 
 
CH. XXX.] 1509 TO 1546-7. 983 
 
 Great Seal with the title of Lord Keeper;'"" which was changed to 
 that of Lord Chancellor in January 1533.'" 
 
 II. Character of ex-chancellor Warham, archbishop of Canterbury. 
 For him, before and after his death, Aug. 23, 1532, expressions 
 of regard by Erasmus. 
 
 To Warham it was "a sorrowful thing to see how greedily incon- 
 stant men, and specially inexpert youth, falleth to new doctrines." 
 ■ So he wrote in 1521,'"^ when Chancellor of the University of Oxford; 
 a presidency terminated with his life. Attached as he was to the 
 ancient system, and a supporter of the papal authority, he must, at 
 a later period, have looked with an anxious eye on the King's pro- 
 ceedings. It could not be otherwise than grating to his feelings 
 to be compelled in convocation to pass a grant with a preamble 
 acknowledging the King 'to be the protector, and under God, the 
 only supreme head of the church and clergy of England. "*' When 
 he had retired from all public business except that of his church, he 
 made a protest against, and declared dissent from, statutes of the 
 parliament begun Nov. 3, 1529."" 
 
 In his zeal for the church he may have been too great a persecutor 
 of those who differed from him ; but in other respects his character 
 is admired. He was intimate with Erasmus, and, it is said, gave him 
 the rectory of Aldington in Kent.'*^ It is pleasant to read what is 
 told in Mr. Green's delightful language : 
 
 " The letters which passed between the great churchman and the 
 wandering scholar, the quiet, simple-hearted grace, which amidst 
 
 '""And to do and execute all and '^" So far as such statute or statutes 
 
 everything in the Court of Chancery, be in derogation of the Pope of Rome 
 
 Star-chamber and Council, as the Chan- or the Apostolic See, or be to the hurt, 
 
 cellor of England was wont to do and prejudice or limitation of the powers of 
 
 execute. Ch. 2, pp. 37, 38 of Legal the church, or shall tend to the subvert- 
 
 Judic. in Ch., edi. 1727. ing, enervating, derogating from or 
 
 ^' Jan. 26, /(/.,• Jan. 24, Foss's Biogr. diminishing the laws, customs, privi- 
 
 Jurid. leges, prerogatives, preeminence or 
 
 '°^ Sir H. Ellis's Orig. Let., 3d series, liberties of our Metropolitan Church of 
 
 vol. I, p. 239 to 244; also p. 245 to 247. Canterbury." Id., pp. 340, 341 ; Foss's 
 
 363 Foss's Biogr. Jurid. ; i Froude's Biogr. Jiirid. 
 
 Engl., ch. 4, pp. 282, 283. 36= Foss's Biogr. Jurid. 
 
984 Reign of Henry VIII [tit. vir 
 
 constant instances of munificence, preserved the perfect equality of 
 literary friendship, the enlightened piety to which Erasmus could 
 address the noble words of his preface to St. Jerome, confirm the 
 judgment of every good man of Warham's day. The Archbishop's 
 life was a simple one; and an hour's pleasant reading, a quiet chat 
 with some learned new comer, alone broke the endless round of 
 civil and ecclesiastical business. Few men realized so thoroughly as 
 Warhani the new conception of an intellectual and moral equality 
 before which the old social distinctions of the world were to vanish 
 away. His favorite relaxation was to sup among a group of schol- 
 arly visitors, enjoying their fun and retorting with fun of his own." — 
 "But the scholar-world found more than sypper or fun at the Pri- 
 mate's board. His purse was ever open to relieve their poverty. 
 ' Had I found such a patron in my youth,' Erasmus wrote long after, 
 ' I too might have been counted among the fortunate ones.' It was 
 with Grocyn that Erasmus^ on a second visit to England, rowed up 
 the river to Warham's board at Lambeth, and in spite of an u:. 
 promising beginning, the acquaintance turned out wonderfully well. 
 The Primate loved him, Erasmus wrote home, as if he were his father 
 or his brother, and his generosity surpassed that of all his friends. 
 He offered him a sinecure, and when -he declined it, he bestowed on 
 him a pension of a hundred crowns a year. When Erasmus wan- 
 dered to Paris, it was Warham's invitation which recalled him to 
 England. When the rest of his patrons left him to starve on the 
 sour beer of Cambridge, it was Warham who sent him fifty angels. 
 ' I wish there were thirty legions of them,' the Primate puns in his 
 good-humoured way.''"* 
 
 Flattered by the compliments which he knew that Erasmus had 
 paid him, Warham thus expresses his acknowledgments : 
 
 "Since through you I am to enjoy lasting fame, a boon denied to 
 many great kings and commanders who have utterly vanished from 
 the memory of mankind, unless that their names may be found in 
 some dry catalogue, — I know not what in this mortal life [ can offer 
 you in return for the immortality you have conferred. 1 am over- 
 whelmed when I think of the flattering mention you have made of 
 me in conversation, in letters, and in the works you have given to the 
 world. You would set me down as the most ungrateful of men if I 
 did not shew a deep sense of your kindness, however unworthy I 
 may be of the praises you have showered upon me.'"" 
 
 Till his death Warham continued in the enjoyment of private 
 friendships and in the cultivation and patronage of literature. He 
 died Aug. 23, 1532, in the house of his nephew, the archdeacon of 
 
 » Green's Short Hist., ch. 6, | 4, 367 1 Campbell's Lives of Chancellors, 
 
 p. 318; Hist, of Engl. Peop., book 5, ch. 26, pp. 441, 442 of 2d edi. (1846), 
 ch. 2, pp. 83, 84 of vol. 2, edi. 1879. pp. 410, 411 of Boston edi. 1874. 
 
CH. XXX.] 1509 TO 1546-7. 985 
 
 Canterbury, near that city ; and was buried in a small chapel which 
 lie had built in the cathedral. He had been exceedingly liberal; 
 expending 30,000 pounds in repairing and adorning the different 
 episcopal houses of his see, and not always keeping as much as 
 might reasonably be retained for his own purposes. On his death- 
 bed, inquiring of his steward what money he had in his hands, and 
 being answered only 30 pounds, he calmly replied, 'satis viatici ad 
 -ccelum' ; 'that was enough to last till he got to heaven.'"^ 
 
 Although "the eulogies which Erasmus lavished on" Warham 
 "while he lived, his praises of the primate's learning, of his ability in 
 business, his pleasant humour, his modesty, his fidelity to friends 
 may pass for " no more than " eulogies of living men are commonly 
 worth," yet "it is difficult to doubt the sincerity of the glowing pic- 
 ture which he drew of him when death had destroyed all interest in 
 mere adulation." ^^^ Writing to Charles Blunt, son of Lord Mount- 
 joy, Erasmus says: 
 
 " I have this instant heard that that incomparable treasure of virtue 
 and goodness, William Warham, has changed this life for a better. 
 I lament my fate, not his; ibr he was truly my constant anchor. We 
 had made a solemn compact together that we would have one com- 
 mon sepulchre; and 1 had no apprehension but that he, though 
 he was sixteen years older than myself, would have survived me. 
 Neither age nor disease took away from us this excellent man, but a 
 fatality, not only to himself but to Learning, to Religion, to the State, 
 to the Church. Though as Lord Archbishop of Canterbury, and 
 Lord Chancellor of England, obliged to give audiences to ambassa- 
 dors, and his time to suitors, yet he had still time enough not only 
 to transact all his secular business, but to bestow a large portion of 
 it upon study and religion. For he never lost amoment in hunt- 
 ing, in gaming, in idle talk, -or in amusement of any kind. He 
 occasionally received two hundred guests at his table, amongst whom 
 were Bishops, Dukes and Earls; yet the dinner was always over 
 within the hour. Himself seldom tasted wine, and when he was near 
 seventy, he drank, and that very moderately, a weak liquor which 
 the English call Beer. Though so sparing in his diet, he was always 
 cheerful and lively in his conversation; and both before and after din- 
 ner preserved the same sobriety of behaviour. He joked himself, 
 but with great pleasantry, and permitted it in others; yet he never 
 allowed his jokes or those of his friends, to descend into personality 
 and detraction, which he abhorred as much as any man can detest a 
 
 '** Foss's Biogr. Jurid. Hist, of Engl. Peop., book 5, ch. 2, p. 83 
 
 ^^ Green's Short Hist., ch. 6, p. 318 ; of vol. 2, edi. 1879. 
 
986 Reign of Henry VIII [tit. vir 
 
 serpent. One peculiarity he had which was something royal; he- 
 never dismissed any suitor from him dissatisfied or out of humour.""" 
 
 The original portrait of Warham by Holbein is in the collection 
 of the Archbishop of Canterbury.'" 
 
 12. Of Thomas Cromwell. His life before 1530, when he entered' 
 the King's service. His offices until Octo. 8, 1534, when he suc- 
 ceeded fohn Taylor as Master of the Rolls. Next year Crcri 
 well was made Visitor- General of the monasteries. 
 
 What is known of the parentage of Thomas Cromweil and his 
 childhood"^ is consistent with the statement that his youth was 
 one of roving adventure.^" On the continent he mastered several 
 foreign languages and became apt in the conduct of affairs. While 
 employed at Antwerp as clerk or secretary of English merchants, he 
 became acquainted with Sir Richard Gresham, father of the founder 
 of the Royal Exchange.'" Gresham had some correspondence 
 with Cardinal Wolsey.^'° Cromwell, after being admitted to Gray's 
 Inn in 1524, seems to have been "present as a soldier at the sacking 
 of" Rome "in May, 1527.""* However that maybe,'" it appears 
 that before 1527 Cromwell had married and become possessed of 
 
 '™3 Seward's Anecdotes, pp. 78, 79. my godmother and my auntte bothe." 
 
 A short time afterwards, and perhaps to Sir H. Ellis's 3d series of Orig. Let., 
 
 a different person, was written the letter vol. 2, p. 237 to 239. After learning 
 
 in I Campbell's Lives of Chancellors, Latin, T. C. left his mother and her 
 
 pp. 439,440 of 2d edi. (1846), pp. 409, second husband. Lodge's Portr., vol. I, 
 
 410 of Boston edi. 1874. No. 11. 
 
 '"From it an engraving by W. T. ^"6 Lingard's Engl., ch 3, pp. 175, 
 
 Mote is in Lodge's Portr., vol. I, No. 9. 176; Green's Short Hist., ch. 6," § 6, 
 
 s'^It is said that he was born at Put- p. 341; Hist, of Engl. Peop., book 5, 
 
 ney towards the end of the fifteenth ch. 4, vol. 2, edi. 1879, p. 143; 
 
 century, and -that his father carried on 2 Froude's Engl., ch. 6, pp. no, in. 
 
 there the business first of a blacksmith "*Foss's Biogr. Jurid. 
 
 and then of a brewer. 7 Dugdale's "^ A letter from him to the Cardinal 
 
 Engl., p. 131; Foss's Biogr. Jurid.; the is in Sir H. Ellis's 3d series of Orig. 
 
 mother of Thomas Cromwell was aunt Let., vol. 2, p. 80 to 82. 
 
 of Nicholas Glossope. In a letter writ- s™ Foss's Biogr. Jurid. See also § 6, 
 
 ten, in 1533, by Nicholas Glossope, he ante, p. 938 note. 
 
 says to T. C ," my mystres, yowre mother '"2 Froude's Engl., ch. 126, p. 112, 
 
 was my auntte." Thomas AUkoke's note, 
 wyffe, of Werkworth on the Poke, was 
 
CH. XXX.] 1509 TO 1546-7. 987" 
 
 considerable estate,"' and was in Wolsey's service,'™ and that he was 
 in it at Wolsey's fall.**" "Of the hundreds of dependents who 
 waited on the Cardinal's nod," he is one of very few " who clung 
 faithfully to him at the last." Cromwell had become "a busy and 
 influential member of the Commons " ; and to his efforts in Parlia- 
 ment, "Wolsey owed his escape from impeachment"; "he being 
 earnest in his master's behalf, was reputed the most faithful servant 
 to " him *** of all others, and was generally of all men highly com- 
 mended.'"'' 
 
 Almost immediately upon, if not before, Wolsey's death, Crom- 
 well was taken into the king's service.''" He received in 1532, April 
 14, the place of master and treasurer of the king's jewels; July i5, 
 the profitable office of clerk of the Hanaper, with an annual rent 
 of ;^4c; and in 1533, April 12, the more important one of chancellor 
 of the Exchequer. He had been the king's principal secretary 
 before October 6, 1534. Then John Taylor, who (as stated in § 7, 
 p. 969) held the office of Master of the Rolls for above seven years,, 
 resigned it''' to enable the King to invest Cromwell with this place. 
 
 "*His will dated July 12, 1529 (in master." Id., p. 171. What he did 
 
 21 Hen. VIII), gives considerable lega- appears in 2 Turner's Hen. VlII, edi. 
 
 -cies to his son Gregory Cromwell, and 1827, p. 284, and elsewhere, 
 his daughter Ann; his "little daughter *8i Cavendish, ch. 18; 4 Harl. Miscel., 
 
 Grace" was also living when it was S40 to 547 ; Sir H. Ellis's Orig. Let., 
 
 first written. He mentions his sister 3d series, vol. 2, p. 181 to 188; 3 Sew- 
 
 Elizabeth Wellyfed, and children of ard's Anecdotes, p. loi; Lodge's Portr., 
 
 hers, his sister Katharine, and his wife's vol. i, No. ri ; 2 Froude's Engl., ch. 6, 
 
 sister Joan, wife to John Williamson; p. 112 to 114; Green's Short Hist., 
 
 his mother-in-law Mercy Prior; brother- p. 342; Hist, of Engl. Peop., book 5, 
 
 in-law John Willyams, and Joan his ch. 4, vol. 2, p. 144. 
 wife, and his (the testator's) nephews, '^ Sir H. Ellis's 3d series of Orig. 
 
 Richard Willyams and Walter Will- Let., vol. 2, p. 194 to 199, p. 204 to 
 
 yams. 2 Froude's Engl., Appendix to 226, p. 231 to 244, p. 249 to 274, p. 276 
 
 ch. 6, p. 116 to 124. to 289, p. 29s to 314, p. 321 to 323, 
 
 3™ Lodge's Portr., vol. I, No. 11 ; Sir p. 334, et seq., vol. 3, p. I to 19, p. 31 
 
 H. Ellis's 3d series of Orig. Let., vol. i, to 42, p. 44 to 52, p. 71, p. 74; Foss's 
 
 PP- 332. 333. vol. 2, p. 107 to 116, Biogr. Jurid. 
 
 p. 138 to 146, pp. 155, 156, p. 159 to ss^Soon after which time Taylor is 
 
 166. supposed to have died; there being 
 
 '^^ Stephen Vaughan is anxious to before the end of the year a successor of 
 
 know how Cromwell is " intreated in him in another office. Foss's Biogr. 
 
 the sudden, overthrow of my Lord his Jurid. 
 
988 Reign of Henry VIII [tit. vii 
 
 He was appointed to it on the 8th; and next year was made visitor- 
 general of the monasteries. Out of the plunder he obtained such 
 .grants as occasioned, and perhaps justified, the imputation that 
 avarice had a share in prompting his energetic proceedings."'* 
 
 ij. In 1332, in September, Anne Boleyn made Marchioness of Pem- 
 broke ; i7i October she accompanied King Henry to Calais as the 
 guest of the King of France ; fan. 2J, 1532-3, Henry married 
 her. Other proceedings in 1533 as to her and Katharine of 
 Arragon. Statutes of Parliament in 2if. Hen. VHI {.1532-3). 
 
 In 1532 it was arranged that the Kings of England and France 
 should meet at Calais in the fall. July 22, the ambassador of France 
 writes, '' If our sovereign wishes to gratify the King of England he 
 can do nothing better than invite Madam Anne to Calais and enter- 
 tain her there with great respect." This letter was written from 
 Ampthill, where Henry then was. Mr. Froude says : 
 
 "Anne Boleyn was with him; she now, as a matter of course, 
 attended him everywhere. Intending her, as he did, to be the mother 
 ■of the future heir to his crown, he preserved what is technically 
 called her honour, unimpeached and unimpaired. In all other 
 respects she occupied the position and received the homage due to 
 the actual wife of the English sovereign; and in this capacity it was 
 the desire of Henry that she should be acknowledged by a foreign 
 prince." 
 
 Anne was duly invited. She was, on Sept. i, at Windsor, raised 
 to the peerage by the title of Marchioness of Pembroke; and on 
 Octo. 14, embarked at Dover for France; Henry on the same day 
 making on her a settlement of lands.'^° 
 
 Thomas Cranmer returned from the continent to England in Nov. 
 
 ^^ Id : Lodge's Portr., vol. I, No. 11. of the Realm, 479, The latter act is 
 
 '*^Sir H. Ellis's 3d series of Orig. recited in an act of 27 Hen. VIII 
 
 Letters, vol. 2, p. 245 ; 2 Turner's Hen. (1535-6) " concerning the assurance of 
 
 VHI, edi. 1827, pp. 327, 328; Miss the manor of Hasyllegh unto the Queen's 
 
 Strickland's Queens of Engl., vol. 4, Gxz.z^ for term of her life." Jd., p. 598. 
 
 p. 165 to 169; I Froude's Engl., ch. 5, In that same session of 27 Hen. VIII 
 
 ■P- 359> ^t seq. The settlement of that (I53S-6) is "an act concerning the 
 
 date is recited and confirmed in and by assurance of the Lordship and manor of 
 
 an act of 25 Hen. VIII (1534) "con- CoUywreston to the Queen's Grace for 
 
 •cerning the Queen's jointure." 3 Stat. term of her life." /a'., p. 621. 
 
CH. XXX.] 1509 TO 1546-7. 
 
 1532, and was immediately named to succeed Warham in the See of 
 Canterbury.'** Considering that Henry's " inclination to the person 
 of Anne Bullen" was with the "desire to become the father of an 
 heir with unquestionable title to the crown," "''*' it is remarkable that 
 he did not wait for Cranmer to be consecrated Archbishop, and pro- 
 nounce a sentence of divorce. But two months before such conse- 
 cration,*** towit: in 1532-3, on Jan. 25, he married Anne;"*' and the 
 marriage was 'kept secret' about two months and a half" 
 
 ''On Easter eve, which in this year was April 12, the king openly 
 solemnized again his marriage with Anne Boleyn, and she went in 
 state as his queen."'" 
 
 Of the sixteen chapters of statutes made in the session of parlia- 
 ment holden by prorogation at Westminster on Feb. 4, in 24 Hen. 
 -VIII,^"^ chapters eight and twelve remain in i 'Statutes Revised.""' 
 The latter (ch. 12) is "an act that the appeals in such cases as have 
 been used to be pursued to the see of Rome, shall not be from hence- 
 forth had nor used within the realm.""* Thus was taken away the 
 chance which otherwise Katharine would have had through an 
 appeal to Rome. On April 28th the King issued from Greenwich 
 letters, announcing the time and place for Anne's coronation as 
 Queen.''^ 
 
 '** Lodge's Portr., vol. 2, No. 8. the intention that it should be divulged 
 
 ^'Lodge's Portr., vol. I, No. 16. by the King of France to the Pope 
 
 ''^Cranmer's consecration was on v\fhen he met him at Marseilles" (/(/.), 
 
 March 30, 1533. Lodge's Portr., vol. 2, it maybe vifell to observe that Clement, 
 
 No. 8; 6 Lingard's Engl., ch. 3, p. 190 vfho reached Marseilles Octo. 11, entered 
 
 to 193. it the I2th; and Francis arrived on the 
 
 3*9 1 Harl. Miscel., edi. 1808, p. 189; 13th. 2 Turner's Hen. VIII, edi. 1827, 
 
 3 Hume's Engl., ch. 30, pp. 190,191; p. 341, note 109. 
 
 6 Lingard's Engl., ch. 3, pp. 189, 190; ^'^'^ Id., p. 335; Miss Strickland's 
 
 Miss Strickland's Queens of Engl., vol. Queens of England, vol. 4, p. 172. 
 
 4, p. 171; I Froude's Engl., ch. 5, ^92 ^ Stat, of the Realm, p. 417 to 435. 
 
 PP- 384, 385: Crammer was not present ^ Edi. 1870, p. 409 to 414. 
 
 at the marriage, and knew not of it for ''* 3 Stat, of the Realm, p. 427 to 429; 
 
 a fortnight. 2 Turner's Hen. VIII, edi. i Froude's Engl., ch. 5, p. 399 to 410. 
 
 1827, p. 331. 39° To wit: at Westminster 'upon the 
 
 ^\ Froude's Engl., ch. 5, p. 39S ; fest of Pentecost.' Sir H. Ellis's 3d 
 
 2 Id., ch. 7, pp. 125, 126. As Mr. series of Orig. Let., vol. 2, pp. 274, 275. 
 
 Froude says, it was kept secret, "with 
 
"990 Reign of Henry VIII [tit. vii 
 
 Without any allegation of moral fault by Katharine, since the cere- 
 -mony of marriage between her and Henry, and after their cohabiting 
 more than twenty years, there was, by or before archbishop Cranmer, 
 the form of a proceeding for divorce of Henry from Katharine, to 
 give whatever support it could to the marriage coi.summated between 
 him and Anne. In Bedfordshire against Katharine residing at Amp- 
 thill, ''* and cited to appear at Dunstable,'" Cranmer there on the 
 23d of May (1533), pronounced sentence declaring that the marriage 
 between her and King Henry was and is null and invalid; and sepa- 
 rating and divorcing them from each other.''' 
 
 The same archbishop, five days afterwards, "gave at Lambeth a 
 judicial confirmation to Henry's union with Anne Boleyn.'"' 
 
 In June that same Archbishop was, on the first, crowning Anne 
 Queen of England,*™ and after the coronation ceremonies*"^ and festiv- 
 ities were over, was on the 17th writing Hghtly of sentences against 
 men ' to go unto the fire ' ; such sentences being because they thought 
 it not necessary to be believed as an article of faith that there is the 
 very corporeal presence of Christ within the host and sacrament of 
 the altar!*"' • 
 
 In July might be seen on church doors the proclamation that 
 Katharine was no more to be called Queen of England, but to be 
 called Princess Dowager;™ in the same month (July 3) her recep- 
 tion at Ampthill of Lord Mountjby and the state commissioners was 
 "noble, spirited and like a Queen.""* She was not allowed to reside 
 
 ''846 miles from London. Engl., vol. 4, p. 172. 
 
 S9' 33 miles from London. *J[>6 Lingard's Engl., ch. 3, p. 197; 
 
 898 Sir H. Ellis's 3d series of Orig. Miss Strickland's Queens of Engl., vol. 4, 
 
 ;..et., vol. 2, p. 276; I State Tr.,pp. 359, p. 172 to 179; i Fronde's Engl., ch. 5, 
 
 360 ; 2 Robertson's Charles V, pp. 229, p. 422 to 430, 
 
 230 of Boston edi. 1857; 2 Turner's mi Of which there is a relation in 
 
 Hen. VIII, edi. 1827, pp. 335, 336; 2 Turner's Hen. VIII, edi. 1827, p. 336 
 
 ■6 Lingard's Engl., ch. 3, p. 194 to 196; to 338. 
 
 2 Mackintosh's Engl., Phila. edi. 1831, «2 Sir H. Ellis's ist series of Orlg. 
 
 p. 144; I Froude's Engl., ch. 5, p. 418 Let., vol. 2, p. 40; 2 Turner's Hen. 
 
 t°422. VIII, edi. 1827, p. 528, note 79; 
 
 ™2 Turner's Hen. VIII, edi. 1827, i Froude's Engl., ch. 5, pp. 446, 447. 
 
 p. 336 ; 6 Lingard's Engl., ch. 3, p. 196 ; <»» Id., p. 437. 
 
 2 Mackintosh's Engl., Phila. edi. 1831, «*/</., p. 438 to 444; 6 Lingard's 
 
 p. 144; Miss Strickland's Queens of Engl., ch. 3, pp. 197, 198. 
 
■CH. XXX.] 1509 TO 1546-7. 991 
 
 much longer at Ampthill.*°* Her residence was transferred that 
 summer to Bugden (since called Buckden).*"^ 
 
 14. In 1533, Sept. 7, birth of Princess Elizabeth; Dec. plan of the 
 English council as to the pope. In fan., 1533-4, Parliament 
 met; representation by English to French cabinet. Statutes 0/ 
 25 Hen. VIII {1533-4) ; the pontiffs proceedings ; Statutes of b6 
 Hen. VIII. Mr. Turner's observations upon the pope and Henry. 
 
 In a letter dated " at my Lord's manor of Greenwich, " the vii 
 day of September, in the xxvth year of my said Lord's reign,*" was 
 announced the "bringing furthe of a Prince." That Prince was 
 Elizabeth.^^ 
 
 "The English government in Decernber met in council to de- 
 liberate on its future conduct towards the pope and hierarchy, and 
 setded its plan in nineteen resolutions."*"' 
 
 In 25 Hen. VIII (1533-4), Jan. 15, a session of parHament was 
 holden at Westminster by prorogation."" A strong representation 
 from the English to the French cabinet was made on the 27th. Then 
 the Duke of Norfolk wrote : 
 
 *'^ Between two hills, in the centre of leydale's country residence. See near 
 
 Bedford county, " is an obelisk of Port- the end of this volume Appendix A. 
 
 land stone, forming a receptacle for a ^'^Miss Strickland mentions this 
 
 pump; and also «. Gothic cross, which "palace belonging to the Bishop of 
 
 was erected in 1744 to the memory of Lincoln, four miles from Huntingdon;" 
 
 Catharine of Arragon by the earl of and gives an account of what occurred 
 
 Upper Ossory, who was- then proprietor until Katharine was " taken to Kimbol- 
 
 of Ampthill Park;" which afterwards ton castle, where she commenced the 
 
 became the seat of Lord Holland." It dreary new year of 1535 with her com- 
 
 ■ is said, " the old castle in which Queen forts greatly diminished." Queens of 
 
 Catharine resided, stood on a more ele- Engl., vol. 4, p. 108 to 113. Kimbolton 
 
 vated ground than the present mansion, is about 10 miles from Huntingdon, 
 
 which is a magnificent structure, with ^o' Lodge's Portr., vol. i. No. 8. 
 
 wings, and a flight of steps leading to a '"^e CoUyer's Engl., ch. 2, p. 214; 
 
 handsome hall; the park, which is now 2 Turner's Hen. VIII, edi. 1827, pp. 339, 
 
 united with that of Houghton, is spa- 340, note 103; 2 Mackintosh's Engl., 
 
 ■cious, and presents several most delight- Phila. edi. 1831, p. 160; Miss Strick- 
 
 ful prospects. At the entrance of Ampt- land's Queens of Engl., vol. 4, p, loi ; 
 
 hill Park there is a pear tree, under 2 Froude's Engl., ch. 7, p. 149. 
 
 which it is reported that Sir Philip ^z Turner's Hen. VIII, edi. 1827, 
 
 Sydney wrote a part of his Arcadia." p. 345. 
 
 I Dugdale's Engl, and Wales, pp. 30, 31. "" 3 Stat, of the Realm, p. 436. 
 Ampthill Park was in 1864 Lord Wens- 
 
992 
 
 Reign of Henry VIII 
 
 [tit. vir 
 
 " I wish the pope had been otherwise counselled, for I assure you, 
 that things are in such a train here, that if he will continue in his 
 pertinacity to favor the emperor more than our two masters, and 
 from fear or favor of him to suppress the equity of our king's just 
 cause, he will give irrevocable occasion to him, and all his subjects, ta 
 seek every means that can be thought to impugn his See and au- 
 thority, which he usurps so unjustly. Many questions and conclu- 
 sions have been recently raised by famous clerks, prelates and doctors 
 of this kingdom, greatly to , the pope's prejudice. Among others 
 they affirm, that he has no authority beyond his own diocese of Rome; 
 and that what pontiffs have assumed over all Christendom has no 
 force but from the sufferance of the princes whom, by the color of 
 sanctity, they have blinded.*^^ 
 
 Of statutes made in 1533-4 there are thirty-four chapters;"* 
 whereof ch. 5 (of buggery) is remarked upon in 12 Rep., 36; and 
 other chapters are mentioned below. ^" Chapter 19*'* is " an act for the 
 
 ■'"2 Turner's Hen. VIII, edi. 1827, 
 p. 345, and notes. 
 
 »" 3 Stat, of the Realm, p. 436 to 491. 
 
 *i' As to Elizabeth Barton there may 
 be reference to Sir H. Ellis's 3d series of 
 Orig. Let., vol. 2, pp. 136, 137, p. 289 
 to 295, p. 314 to 319; 2 Turner's Hen. 
 VIII, edi. 1827, p. 367 to 373; and 
 2 Mackintosh's Engl., Phila. edi. 1831, 
 pp. 149, 150. 
 
 Ch. 12, in 3 Stat., p. 446 to 451, is 
 " an act concerning the attainder of 
 Elizabeth Barton and others;" in the 
 margin are these words : 
 
 " Recital of the divorce between the 
 King and Queen Katherine, his first 
 wife, widow of his brother, Prince Ar- 
 thur ; pretended trances and revelations 
 of Elizabeth Barton at the instigation of 
 certain persons for the purpose of sug- 
 gesting that such divorce was displeasing 
 to heaven ; and of rendering the King 
 odious and putting his life and crown in 
 danger." — " Sermons, &c., setting forth 
 the said pretended revelations with a 
 view to the succession of the Lady 
 Mary, issue of the said Queen Kathe- 
 rine." — " Supporters of the said pre- 
 tended revelations after the confessions 
 of their falsity by the said Eliz. Bar- 
 ton." — " The said Elizabeth Barton and 
 her abettors named, declared to be con- 
 victed and attainted of high treason." — 
 " Proclamation of this act ; and re- 
 
 quiring all persons to deliver up any 
 books containing such revelations, &c." 
 " All persons not attainted by this act 
 shall be acquitted of all penalties on 
 account of any misprisions, &c., with 
 respect to such pretended revelations." 
 
 Whether within Stat. 25 H. VIII^ 
 ch. 12, there had been a counterfeiting 
 the great seal was in 4 Jac. I a question 
 in Leak's case. 12 Rep., 15. 
 
 Ch. 14 (3 Stat., pp. 454, 455) is "an 
 act for punishment of heresy." In the 
 margin of sections 5, 6, 7, are the fol- 
 lowing words : 5. " No licenses from 
 the Pope to preach, &c.;" 6. "Persons. 
 indicted or accused of heresy shall be 
 committed to the ordinaries, and openly 
 tried; and being convict, shall abjure or 
 do penance ; or, upon refusal or relapse,, 
 shall be burned by the lay-power;'^ 
 7. " Speaking, &c., against the Pope or 
 his decrees, &c., declared not to be 
 heresy." 3 Inst., ch. 5, p. 39 to 43; 
 12 Rep., 57. 
 
 Ch. 15 is "an act for printers and 
 binders of books. In the margin of | 4 
 are these words : " Lord Chancellor, &c., 
 may regulate the price of books and 
 binding." 3 Stat., p. 456. 
 
 *"/</., pp. 460, 461. 
 
CH. XXX. J 1509 TO 1546-7. 993 
 
 submission of the clergy to the King's majesty." Ch. 20"^ is "an 
 act restraining the payment of annates, &c.;" ch. 21"" is "an act 
 for the exoneration from exactions paid to the See of Rome;" and 
 ch. 22 *" is " an act for the establishment of the King's succession." 
 In the margin of sections of this (22d) chapter are the following 
 words : 
 
 § I. "The marriage of the King and Lady Katherine, widow of 
 his brother Prince Arthur, declared void and their separation valid; 
 and she shall be termed only dowager to Prince Arthur." — " The 
 marriage of the King and his Queen Anne declared valid." 
 
 § 2. " Prohibited degrees of marriage." — ■" None can dispense with 
 God's law." — '■ None shall marry widiin the prohibited degrees, &c." 
 
 § 3. " Persons already so married shall be separated by the sen- 
 tence of the ordinary only, without any appeal to Rome, &c." 
 
 § 4. "The King's issue by Queen Anne declared his lawful chil- 
 dren " — " Limitation of the crown first to the King's sons and their 
 heirs." — " For default of sons then to the Princess Elizabeth, and the 
 King's other issue female." 
 
 § 5. " For proclamation of this act." — " Any person who shall 
 mahciously do anything by writing, &c., to the peril of the King, or 
 to the prejudice of his marriage with Queen Anne, or of the issue 
 inheritable to the crown under this act, declared to be guilty of High 
 Treason." 
 
 § 6. " Persons committing such offences, by word only, declared to 
 be guilty of misprision of treason." 
 
 § 7. "Such offenders shall not have any privilege of sanctuary." 
 
 § 8. "Upon the King's demise, issue male under 18, or female 
 unmarried under 16, shall be under the guardianship of their mother 
 and a council." — " Penalty on all opposers thereof — High Treason."^ 
 
 § 9. "All subjects shall be sworn to performance of this act, on 
 pain of misprision of treason.' 
 
 § 10. "What marriages within this act." 
 
 Chapter 25 is "an act concerning the Queen's jointure"; """and ch. 
 28 is "an act for the Lady Dowager.""' 
 
 *'* Id., p. 462 to 464. Westminster June 30, in 24 Hen. VlII, 
 
 *'^/</., p. 46410 471. *"/<2?., p. 471. "by the name of his cousin Anne 
 
 "8 ConHrming letters patent ; one dated Rocbeford ;'' another dated at West- 
 
 at Westminster Octo. 14th, in 24 Hen. minster 21 March, in 25 Hen. VIII, to 
 
 VIIT, to the King's " most dear and en- " the said Queen Anne ;" and another to 
 
 tirely beloveH wife, Queen Anne, by the her at Westminster 22 March, in 22 Hen. 
 
 name of his cousin Anne, Marquess of VIII. 2 Stat, of the Realm, pp. 479, 480. 
 
 Pembroke;" another patent dated at "^ xhe marriage with Prince Arthur 
 
 Westminster July 2, in 24 Hen. VIII, being held good, the lady Katharine was 
 
 to her " by the name of Lady Anne to be called and reported, ' Princess. 
 
 Rocheford ;" another patent dated at Dowager to Prince Arthur.' Id., p. 484. 
 
 63 
 
«94 Reign of Henry VIII [tit. vii 
 
 Chapters ten, nineteen, twenty and twenty -one are in i 'Statutes 
 
 Revised.' *'» 
 
 On March 23, 1533-4, "the pontiff chose to yield to the imperial 
 cardinals in his concistory, and to place himself in direct battle 
 against the parliament and the king of England by pronouncing a 
 final sentence that Catherine's marriage was valid and canonical ; that 
 Henry was bound to cohabit with her as his wife; that he should be 
 compelled to do so; that all molestations against this marriage were 
 unlawful; and that he should be forever silent against it."*'^" 
 
 In 1534, Pope Clement died, Sept. 25, and was succeeded by Paul 
 III, who followed in his steps."'' Soon there were decisive measures 
 by the English parliament. Among the twenty six chapters of stat- 
 utes made in its session holden by prorogation at Westminster on 
 the third day of November, in 26 Hen. VIII (1534),*^ are the fol- 
 lowing : 
 
 Ch. I. "An act concerning the King's Highness to be supreme 
 head of the Church of England, and to have authority to reform and 
 redress all errors, heresies and abuses in the same." 
 
 Ch. 2. "An act ratifying the oath that every of the King's subjects 
 hath taken and shall hereafter be bound to take, for due observation 
 of the act made for the surety of the succession of the King's High- 
 ness in the crown of the Realm." 
 
 Ch. 3. " An act concerning the payment of first fruits of all digni- 
 ties, benefices and promotions spiritual; and also concerning one 
 annual pension of the tenth part of all the possessions of the Church, 
 spiritual and temporal, granted to the King's Highness and his 
 heirs."*'* 
 
 Ch. 13. "An act whereby divers offences be made high treason, 
 and taking away all sanctuaries for all manner of high treasons." *'° 
 
 Ch. 14. "An act for notation and consecration of suffragans within 
 this realm.'' 
 
 Ch. 17. "An act that no farmers of spiritual prisons shall be com- 
 pelled or charged to pay for their lessors first fruits or year's pension 
 of the tenth granted by the Kmg's Highness." 
 
 Ch. 22. "An act concerning the attainder of the Bishop of Roches- 
 ter and others." 
 
 Ch. 23. "An act concerning the attainder of Sir Thomas More, 
 Knight." 
 
 Chapters three, fourteen and seventeen are in i 'Statutes Re- 
 vised.'"" 
 
 *"> Edi. 1870, p. 415 to 436. «' 3 Slat, of the Realm, p. 492 to 530. 
 
 ■"1 2 Turner's Hen. VIII, edi. 1827, *** As to its effect see 12 Rep., 45. 
 
 pp. 346, 347. *** Noticed in Id., 6. 
 
 «2 Id., pp. 348, 344. «« Edi. 1870, p. 437 to 450. 
 
■CH. XXX.J 1509 TO 1546-7. 996 
 
 Upon the statutes so made in 26 Hen. VIII and the preceding ses- 
 sion, there are observations by Sir James Mackintosh, and others.*" 
 Mr. Turner says ; 
 
 " Religion was verbally connected with the discussions and pur- 
 poses of the pope and Henry, but had really no infli^ence with either 
 in the objects, conduct or termination of the contest. Both were 
 strict catholics at its beginning and at its end. Both hated, and at 
 that time equally persecuted, the reformers. Human passions and 
 worldly interests commenced, continued and decided it. If Francis 
 had driven Charles out of Italy, Henry would have had his divorce, 
 and the pope have remained the supreme head and the honored 
 sovereign, of the English church, till some other convulsion over- 
 threw his dominion.'*™ 
 
 13. Under what forms of law Lord Chancellor Audley and his co- 
 commissioners caused the deaths of Bishop Fisher and ex- chan- 
 cellor More. 
 
 Notwithstanding what is said in 2 Turner's Hen. VIII, edi. 1827, 
 ■ch. 27, p. 377, et seq., the author of the present work considers that 
 under acts of the Parliaments of 25 and 26 Hen. VIII (1533-4 and 
 1534), there was such tyranny as should never be permitted by a peo- 
 ple who have a constitutional government. 
 
 "Even the refuge of silence was closed by a law more infamous 
 than any that has ever blotted the statute book of England. Not 
 only was thought made treason, but men were forced to reveal their 
 thoughts, on pain of their very silence being punished with the pen- 
 alties of treason." *'° 
 
 *" 2 Mackintosh's Engl., Phila. edi. Richard Croke from Bugby, March 28. 
 
 1831, p. 147 to 150. As to the manner Id., vol.3, p. 3 to 6; Archbishop Cran- 
 
 of execufing the statutes, there may be mer from Forde, Aug. 26. Id., p. 23 to 
 
 reference to letters in Sir H. Ellis's 3d 31; Robert Southwell. Id., pp. 95,96. 
 
 series: From Edward Lee, Archbishop *^2 Turner's Hen. VIII, edi. 1827, 
 
 of York, to Hen. VIII, dated Bishops p. 373 to 376. 
 
 Thorpe, June 13, IS3S. vol. 2, p. 324 to *29 Green's Short Hist., ch. 6, I 6, 
 
 332; John, Bishop of Lincoln, to Secre- p 353. jjist. of Engl. Peop., book s[ 
 
 tary Cromwell, dated Woburn, June 25. ^h. 4, vol. 2, edi. 1879, P- 165. Speak- ' 
 
 Id., pp. 335, 336. Archbishop Lee, July i„g ^f .jhe charity and devotion of the 
 
 I, 1535, and Aug. 8, 1535. J(i., p. 337 to brethren of the Charter-house,' Mr. 
 
 346; Sir Piers Button to the Lord Privy Green says 
 
 Seal from Dutton, Sept. 23. Id., pp. 350, ., ^fter a stubborn resistance they had 
 
 351 ; Archbishop Lee to the King from acknowledged the royal supremacy, and 
 
 Cawood, Jan. 14. Id., p. 372 to 378 ; taken the oath of submission prescribed 
 
996 Reign of Henry VIII [tit. vii 
 
 Now the Lord Chancellor Audley performed an important part in 
 "homicides committed by the instrumentality of legal process." For 
 entertaining an opinion or scruple, and declining to take a certain 
 oath, men were by that Lord Chancellor and his co-commissioners 
 compelled to die — ; to die after most discreditable proceedings by 
 those commissioners under forms of law.*"" Richard Rich has upon 
 his evidence in support of the prosecution against Bishop Fisher 
 been deemed infamous, but if his evidence of the conversation 
 between him and the Bishop be true, and the report of it and of what 
 was held at the Bishop's trial be accurate, then the conduct of the 
 King and of the Lord Chancellor Audley and his co-commissioners 
 was more infamous than that of Rich.*" 
 
 "The next of" the King's ''deeds of blood has doomed his name 
 to everlasting remembrance. The fate of Sir Thomas More was 
 unequalled by any scene which Europe had witnessed since the 
 destruction of the best and wisest of the Romans who wielded the im- 
 perial sceptre of the West.'"'^ 
 
 Interrogatories to More and his answers (State Papers, Hen. VIII, 
 vol. I, p. 432) are reprinted in Sir James Mackintosh's history.*^ 
 Many observations have been made, on More's case.*"" Lord Camp- 
 bell states it briefly thus : 
 
 by the act. But by an infamous con- ch. 3, p. 221. Of the Bishop's trial on 
 
 struction of the statute, which made the the 17th of June, 1535, there is an 
 
 denial of the supremacy treason, the . ■ , c* ^ -r <: .. o 
 
 r 1 <■ 1- <• t t a: • 1 account m I State Tr., p. 306 to io8> 
 
 refusal of satisfactory answers to official ' r- oy" ■•" a""- 
 
 questions as to a conscientious belief in Lord Campbell's comments are in Lives 
 
 it was held to be equivalent to open of Chancellors, ch. 34, pp. 608, 609 of 
 
 denial." /</., p. 169. 2d edi. (1846), p. 93 to 96 of vol. 2, 
 
 *"'How interrogatories to Bishop Boston edi. 1874. Bishop Fisher " was 
 
 Fisher were answered, appears in State beheaded June 22, 1535, in the 80th year 
 
 Papers Hen. VIII, vol. I, p. 431; °f liis age." Lord Herbert says that 
 
 2 Mackintosh's Engl., Phila. edi. 1831, "*e Pope Paul III) sent him a car- 
 
 pp. 310, 311 ; 7 Coll. Engl., p. 6, pp. 17, dinal's hat, but, unseasonably, his head 
 
 18; 3 Hume's Engl., ch. 30, p. 197, being off. " Jii.,p.4o8; Seward's Anec- 
 
 . pp. 210, 211 ; 6 Lingard's Engl., ch. 3, dotes, vol. 4, pp. 115, 116. f 
 
 p. 209 to 220; Campbell's Lives of «2 2 Mackintosh's Engl., Phila. edi. 
 
 Chancellors, ch. 34, vol. i, pp. 606, 607 1831, p. 151. 
 
 of vol. I, 2d edi. (1846), pp. 92, 93 of *" Id., p. 311 to 314. 
 
 vol. 2, Boston edi. 1874- 43*7 CoU. Engl., p. ,9; 3 Hume's 
 
 ^17 Coll. Engl., p. r8; 3 Hume's Engl., ch. 30, pp. 211, 212; 6 Lingard's, 
 
 Engl., ch. 30, p. 211; 6 Lingard's Engl., Engl., ch. 3, p. 222 to 224; 2 Mackin- 
 
CH. XXX. J 1509 TO 1546-7. 997 
 
 " He implicitly yielded to the law regulating the succession to the 
 "Crown; and he offered no active opposition to any other law; — only 
 requiring that, on matters of opinion, he might be permitted to 
 remain silent."**^ 
 
 After being a prisoner in the Tower from about April 1534, he was 
 arraigned on May 7, 1535.*"" The court, being sensible of his weak- 
 ness, ordered a chair to be brought, wherein he might seat himself. 
 After being seated he said, as to the first crime objected — being ' an 
 enemy, out of stubbornness of mind, to the King's second marriage': 
 
 " I confess I always told his Majesty my opinion according to the 
 dictates of my conscience, which I neither ever would, nor ought to 
 have concealed ; for which I am so far from thinking myself guilty 
 of high treason, that on the contrary, being required to give my 
 opinion by so great a prince in an affair of so much importance, 
 upon which the peace of the kingdom depended, I should have 
 basely flattered him and my own conscience, had not I spoke the 
 truth as I thought." — " If it can be an offence to tell one's mind 
 freely when his sovereign puts the question to him, I suppose I have 
 been sufficiently punished already, for the fault, by the great afflicr 
 tions I have endured by the loss of my estate and my tedious impris- 
 onment."*" 
 
 As to the second charge — that in violation of the act made in the 
 last parliament, he being a prisoner and twice examined, would not 
 out of a malignant, perfidious, obstinate and traitorous mind, tell 
 
 tosh's Engl., Phila. edi. 1831, p. 152, the case for the crown;'' and that, "on 
 
 ■et seq. ; Green's Short Hist., ch. 6, the morning of the trial. More was led 
 
 p. 351 ; Hist, of Engl. Peop., book 5, on foot in a coarse woolen gown through 
 
 ch. 4, vol. 2, N. Y. edi. 1879, P- '^7 '° '^"^ most frequented streets from the 
 
 170. tower to Westminster Hall." Lives of 
 
 ^'^LivesofChancellors, ch. 33, pp. 589, Chancellors, ch. 33, vol. I, p. 578 of 2d 
 
 590 of vol. I, 2d edi. (1846), p. 76 of edi. (1846), vol. 2, p. 65 of Boston edi. 
 
 vol. 2, Boston edi. (1874.) Utopus 1874. Much weakened by imprison- 
 
 ^' judged it not fit to decide rashly any ment, he went into court leaning on his 
 
 matter of opinion, and he deemed it staff, but appeared with a cheerful and 
 
 foolish and indecent to threaten and ter- compbsed countenance. The persons to 
 
 rify another for the purpose of making try him were Sir Thomas Audley, lord 
 
 him believe what did not appear to him chancellor, Thomas, duke of Norfolk, 
 
 -to be true." Id., p. 595 of former, p. 82 Sir John Fitz James, lord chief justice, 
 
 of latter. Sir John Baldwin, Sir Richard Leicester, 
 
 ■"^Lord Campbell observes that "the Sir John Port, Sir John Spelman, Sir 
 
 arraignment took place on the 7th of Walter Luke, Sir Anthony FitzHerbert. 
 
 May, but the trial was postponed till the i State Tr., 387. 
 
 1st of July, in the hope of strengthening *'' Id., p. 388. 
 
998 Reign of Henry VIII [tit. vir. 
 
 them his opinion whether the King was supreme head of the church 
 or not — 
 
 " Then I protested that I had never said nor done anything against 
 it" (the act;) neither can any one word or action of mine be alleged, 
 or produced, to make me culpable." 
 
 The Attorney-General ( Christopher Hales) : 
 
 "Sir Thomas, though we have not one word or deed of yours to 
 object against you, yet we have your silence, which is an evident 
 sign of the malice of your heart; because no dutiful subject being 
 lawfully asked this question, will refuse to answer it." 
 
 To which Sir Thomas replied, 
 
 " Sir, my silence is no sign of any malice in my heart, which the 
 King himself must own by my conduct upon divers occasions." — 
 "And as to what you say, that no good subject will refuse to give a 
 direct answer ; — I do really think it to be the duty of every good sub- 
 ject, except he be such a subject as will be a bad christian, rather to 
 obey God than man ; to be more cautious to offend his conscience than 
 of anything else in the whole world ; especially if his conscience be not 
 the occasion of some sedition and great injury to his prince and 
 country ; for I do here sincerely protest that I never revealed it to 
 any man alive."*"* 
 
 As to the third article, alleging practices against the statute in 
 writing letters to Bishop Fisher exhorting him to violate the same 
 law and encouraging him in the like obstinacy, 
 
 " One of them was in answer to his, wherein he desired me to let 
 him know what answers I made upon my examinations concerning^ 
 the oath of supremacy ; and what I wrote him upon it was this, that 
 I had already settled my conscience and let him satisfy his accord- 
 ing to his own mind. God is my witness, and as I hope he will save 
 my soul, I gave him no other answer; and this I presume is no 
 breach of the laws." 
 
 More then noticed the allegation that upon his examination in the 
 Tower he said ' this law was like a two-edged sword ; for in consent- 
 ing to it I should endanger my soul, and in rejecting it should lose 
 my life.' After which there was an examination of " Richard Rich, 
 newly made solicitor-general, and afterwards Lord Rich," who "with 
 
 «8/rf.,p. 389. 
 
CH. XXX.] 1509 TO 1546-7. 999 
 
 Sir Richard Southwell and Mr. Palmer, Secretary Cromwell's man," 
 had been "sent by the King to take away" Mora's "books," 
 
 "More, having recited in the face of the court all the discourse 
 they had together in the Tower, as it truly and sincerely was, he 
 added: "In good faith, Mr. Rich, I am more concerned for your 
 perjury than my own danger." — " You know that I have been 
 acquainted with your manner of life and conversation a long time, 
 even from your youth to the present juncture, for we lived in the 
 same parish ; and you very well know, — I am sorry I am forced to 
 speak it, — you always lay under the odium of a very lying tongue, 
 of a great gamester, and of no good name and character, either there 
 or in the Temple where you was educated. Can it therefore seem 
 likely to your lordships that I should in so weighty an affair as this, 
 act so unadvisedly as to trust Mr. Rich, a man I had always so mean 
 an opinion of in reference to his truth and honesty" — "that I should 
 only impart to Mr. Rich the secrets of my conscience in respect to 
 the King's supremacy, the particular subject and only point about 
 which I have been so long pressed to explain myself? which I never 
 did, nor never would, reveal, when the act was once made, either to 
 the King himself or any of his privy councillors, as is well known to 
 your honours, who have been sent upon no other account at several 
 times by his majesty to me in the Tower." — " But supposing what 
 ■ Mr. Rich has sworn should be true, seeing the words were spoke in 
 familiar and private conversation and that there was nothing at all 
 asserted^ but only cases put without any offensive circumstances, — it 
 cannot in justice be said that ttiey were spoke maliciously; and 
 where there is no malice there is no offence." "' 
 
 It was attempted to support Mr. Rich by offering as witnesses the 
 two men who were in the same room with Sir Thomas and Mr. Rich 
 when they conferred together. Whereupon it was deposed by Mr. 
 Palmer, ' That he was so busy in thrusting Sir Thomas's books in a 
 sack that he took no notice of their talk ' ; and by Sir R. Southwell, 
 'That because his business was only to take care of conveying his 
 books away, he gave no ear to their discourse.' Nevertheless the 
 jury found a verdict of ' guilty ' ; upon which the Lord Chancellor 
 began to proceed to judgment. An observation of Sir Thomas"" 
 had the effect of delaying for a little while — but did not prevent — the 
 horrible sentence. It was changed, however, to beheading; on the 
 
 ^^ Id., pp. 390, 391. ther he had anything to offer why judg- 
 
 **" My Lord, when I was concerned in ment should not be pronounced against 
 
 the law, the practice in such cases was him." i State Tr., 392. 
 
 to ask the prisoner before sentence whe- 
 
1000 Reign of Henry VIII [tit. vh 
 
 6th of July, in front of the Tower, the head was taken off at one 
 blow.*" 
 
 In connection with " the murder of Sir Thomas More," *" Mr. Green 
 was writing of Thomas Cromwell (mentioned in § 12, p. 986) when he 
 observed that " no personal vindictiveness mingled with his crime," 
 and also said: 
 
 "No touch either of love or hate swayed him from his course. 
 The student of Machiavelli had not studied the ' Prince ' in vain. He 
 had reduced bloodshed to a system. Fragments of his papers still 
 shew us with what a business-Hke brevity he tickled off human lives 
 among the casual 'remembrances' of the day. 'Item, the Abbot of 
 to be sent down to be tried and executed at Reading.' ' Item, to 
 know the King's pleasure touching Master More.' 'Item, when 
 Master Fisher shall go to his execution and the other.""" 
 
 More "followed his principles and sense of duty"; and "his con- 
 stancy and integrity" are proper "objects of our admiration." "° 
 
 "Something of his calmness may have been due to his natural 
 temperament, something to an unaffected weariness of a world which, 
 in his eyes, was plunging into the ruin of the latter days. But those 
 fair hues of sunny cheerfulness caught their colour from the sim- 
 plicity of his faith ; and never was there a Christian's victory over 
 death more grandly evidenced than in that last scene lighted with its 
 lambent humour.""" 
 
 " That innocent mirth which had been so conspicuous in his life, 
 did not forsake him to the last. He maintained the same cheerful- 
 ness of heart upon the scaffold which he used to shew at his table; 
 and, upon laying his head on the block, gave instances of that good 
 humour with which he had always entertained his friends on the most 
 ordinary occasions. His death was of a piece with his life. There 
 was nothing in it new, forced or affected. He did not look upon the 
 severing of his head from his body as a circumstance that ought to 
 
 ^'1/^., p. 392 to 396. Stapleton says: Ellis's 3d series of Orig. Let., vol. 2, 
 
 „„,, ,, f in- , J lu pp. 276, 277; Singer's Roper, II4-Ii;8: 
 
 " When the news of More's death was ff 1 < 1 / > a f < t 3 > 
 
 brought to the King he was playing at ched in Foss's Biogr. Jurid. 
 
 tables; Anne Boleyn was looking on. **8Niccolo Macchiavelli, the famous 
 
 The King cast his eyes upon her and Florentine Secretary, dedicated to Lo- 
 
 said, 'Thou art the cause of this man's , tm- j- • i,- .. •■ n j 7, 
 
 death,' and presently leaving his play '^"''' ^^ ^^^'<''' ^'' "-^^"^^ ^^"^<i ^^ 
 
 he retired to his chamber, and fell into a Principe (the Prince) ; and died in 1527. 
 
 deep melancholy." 3 Seward's Anec- *** Green's Short Hist., ch. 6, p. 350; 
 
 dotes,edi. I796,p. 99; I StateTr. p. 395. jjist. of Engl. Peop., book 5, ch. 4, 
 
 "2 To whom Cromwell seems lo have vol. 2, edi. 1879, P- >66. 
 
 acted in some respects a friendly part. *'^3 Hume's Engl., ch. 30, p. 212. 
 
 Sir Wm. Fitzwilliam's letter, in Sir H. "^ 2 Froude's Engl., ch. 9, p. 376. 
 
-CH. XXX. J 1509 TO 1546-7. 1001 
 
 ■produce any change in the disposition of his mind ; and as he died 
 under a fixed and settled hope of immortality, he thought^ any 
 unusual degree of sorrow and concern improper on such an occa- 
 sion, as had nothing in it which could deject or terrify him."*" 
 
 Sir James Mackintosh observes : 
 
 "The just fame of the sufferer, the eloquent pen of his friend Eras- 
 mus, the excusable pride of the Roman church in so glorious a 
 martyr, and the atrocious effrontery of the means used to compass 
 his destruction, contributed to spread indignation and abhorrence."*^* 
 
 Erasmus saidr 
 
 "Mai>y persons lavour only their own countrymen; Frenchmen 
 favour a Frenchman ; Scotchmen favour a Scotchman ; but More's 
 .•general benevolence hath imprinted his memory so deep in all men's 
 hearts that they bewail his death as that of their own father or 
 brother. I myself have seen many persons weep for More's death 
 who had never seen him nor yet received any kindness from him. 
 Nay, as I write, tears flow from ray eyes, whether I will or not. How 
 many persons has that axe wounded, which severed More's head 
 from his body!"**' 
 
 Lord Campbell says of More : 
 
 "After the lapse of three centuries, during which statesmen, pre- 
 lates and kings have been unjustly brought to trial under the same 
 roof, — considering the splendour of his talents, the greatness of his 
 -acquirements and the innocence of his life, — we must still regard his 
 murder as the blackest crime that has ever been perpetrated in Eng- 
 land under the forms of law."**" 
 
 As to More's remains, and as to his widow and his daughter Mar- 
 .garet, the following is extracted from what has been written by three 
 others : 
 
 By Thomas Dugdale. "Sir Thomas More built the south chancel 
 
 ^''Spectator of April 10, 17 12 (No. was not survived long by his friend 
 
 349). Mr. Addison adds, "that what Erasmus. He died^it Basle on July 12, 
 
 was philosophy in this extraordinary 1536, and was buried in its cathedral; of 
 
 man would be phrenzy in one who does him a statue in bronze is in a public place 
 
 not resemble him as well in the cheerful- in his native town of Rotterdam. Wat- 
 
 ness of his temper as in the sanctity of kins's Biogr. Diet., edi. 1822; Penny 
 
 , his life and manners." Ibid. Magazine, vol. I (1832 Octo.), p. 297. 
 
 *^2 Mackintosh's Engl., Phila. edi. *5'' Lives of Chancellors, ch. 33, p. 578 
 
 1831, p. 157. of vol. I, 2d edi. (1846), pp. 65, 66 of 
 
 **'3 Seward's Anecdotes, p. 97. More vol. 2, Boston edi. (1874.) 
 
1002 Reign of Henry VIII [tit. vir 
 
 of the church of Chelsea; and he was interred in the rector's chancel, 
 on tlje south side near the communion table." **' 
 
 And on another page, " Chelsea church, near the margin of the 
 river, is chiefly composed of brick. It was raised at various periods. 
 The oldest part is a chapel of the Lawrence family, at the eastern 
 end of the north ailse. At the east end of the south aisle, is a chapel 
 constructed by Sir Thomas More, about the year 1522.""" 
 
 By John Aubrey. "After he was beheaded, his trunk was interred 
 in Chelsey church, near the middle of the south wall, where was some 
 slight monument erected, which, being worn by time, about 1644, Sir**' 
 Laurence, of Chelsey (no kin to him), at his own proper costs and 
 charges, erected to his memory a handsome inscription of marble. 
 His head was upon London bridge: there goes this story in the 
 family, viz., that one day as one of his daughters was passing under 
 the bridge, looking on her father's head, said she, ' That head has 
 laid many a time in my lap, would to God it would fall into my lap 
 as I pass under'; she had her wish, and it did fall into her lap, and 
 is now preserved in a vault in the cathedral church of Canterbury." **' 
 
 By Edward Foss. " His body was buried in St. Peter's, within 
 the Tower, but was at last removed by his daughter Margaret to the 
 tomb in Chelsea church, which he had prepared during his life. 
 His head after remaining for some time exposed on London bridge, 
 came also into the possession of his affectionate child, on whose 
 death it was buried in her arms." — Two years after his execution, an 
 annuity of ;^ 20 was granted to his widow. Lady Alice More, and 
 subsequently a lease of one of his houses at Chelsea."*"'' 
 
 16. Of Katharine of Arragon ; her letter to the King on her death- 
 bed; her death in Jan. i^j^-6 ; place of her interment. 
 
 To the king was written from the dictation of Katharine of Arra- 
 gon on her death-bed (by one of her maids) the following letter : 
 
 ' My most dear lord, king and husband ! The hour of my death 
 now approaching, I cannot choose but out of the love I bear you, to 
 advise you of your soul's health, which you ought to prefer before all 
 considerations of the world or flesh whatsoever; for which yet you 
 have cast me into many calamities, and yourself into many troubles. 
 But I forgive you all; and pray God to do so likewise. For the rest 
 I commend unto you Mary, our daughter, beseeching you to be a 
 
 451 2 Dugdale's Engl, and Wales, tit. 395 ; i Lodge's Portr., Nu. 7. Mr. 
 
 Chelsea, p. 420. Lodges says of More's head, "It was 
 
 *5^ Id., p. 422. privately obtained by his affectionate 
 
 *^2 Aubrey's Letters, edi. 1813, daughter, Roper, and by her placed in 
 
 pp. 463, 464. The blank in the text is the vault of her husband's family, under 
 
 according to Aubrey. He says, ' Sr. a chapel adjoining to St. Dunstan's. 
 
 Laurence.' church in Canterbury." Id. 
 
 «* Biogr. Jurid. ; I State Tr., p. 386 to 
 
CH. XXX.] 1509 TO 1546-7. 1003. 
 
 good father to her, as I have heretofore desired. I must entreat you 
 also to respect my maids, and give them in marriage, which is not 
 much, they being but three ; and to all my other servants a year's, 
 pay, beside, their due, lest otherwise they should be unprovided for. 
 Lastly, I make this vow that mine eyes desire you above all things." 
 Farewell." «5 
 
 Katharine was but little more than fifty years of age when in 
 1535-6 in January, on the 7th (or 8th), she died in Huntingdonshire 
 at Kimbolton. "" 
 
 " With all the placid virtues in which she had lived ; mild, forgiving, 
 devout and resigned ; kind to her attendants, affectionate to her 
 separate husband, and with maternal tenderness to her princely 
 daughter." *" 
 
 In a letter of the loth from Greenwich, Henry mentions " the right 
 excellent princess, ouir dearest sister, the relict of our " brother prince 
 Arthur, and directs conveyance of her corpse from Kimbolton" " to 
 Peterborough." Accordingly, on the 26th, the body was carried to 
 Peterborough and there interred.*^^ 
 
 77. " Act concerning uses and wills" ; and other statutes enacted in 
 27 Hen. VIII {1535-6.) 
 
 Statutes made in the session of parliament, holden by prorogation 
 at Westminster on Feb. 4, in 27 Hen. VIII (1535-6), embrace sixty- 
 three chapters,''^' whereof chapters eight and ten are in i ' Statutes- 
 
 *^2 Turner's Hen. VIII, edi, 1827, Johnson, Id., p. 225. 
 P- 433- Of course these words must be re- 
 
 " Remember me stricted to Shakspeare's play of Hen. VIII. 
 
 In all humility unto his highness: 456 , state Tr ^68 • 2 Collver's Enrf 
 
 Say, his long trouble now is passing ' ^'^'^ i r.. 3" » , 2 <.-ollyer s Jingl.,. 
 
 Out of this world: tell him, in death I P- 22; 3 Hume's Engl., ch. 30, p. 215; 
 
 bless'd him, i Seward's Anecdotes, pp. 52, 53; 
 
 For so I will—Mine- eyes grow dim.— ^ Id., pp. 72, 73 ; 2 Turner's Hen. VIII, 
 
 ^^^""^ ■ edi. 1827, p. 433; 3 Lingard's Engl., 
 
 JiCin^ Henry VIII, act iv, scene ii, ch. 4, p. 234; 2 Froude's Engl., ch. 11, 
 
 p. 204 of vol. 6, edi. 1833. p. 444. 
 
 "The meek sorrows and virtuous *"2 Turner's Hen. VIII, edi. 1827,. 
 
 distress of Katharine have furnished p_ ^^j, 
 
 some scenes, which may be jusUy num- ' ^ j^j^^ Strickland's Queens of Engl.,, 
 
 bered among the greatest efforts of ^ 
 
 tragedy. But the genius of Shakspeare v°l- 4. P- "9 to '2i- 
 
 comes in and goes out with Katharine." **'3 Stat, of the Realm, p. 531 to 56a.. 
 
1004 Reign of Henry VIII [tit. vii 
 
 Revised.' *™ In the latter (ch. lo), " an act concerning uses and 
 "wills," "' are the following provisions : 
 
 § I. " That where any person or persons stand or be seized, or at 
 any time hereafter shall happen to be seized of and in any honours, 
 castles, manors, lands, tenements, rents, services, reversions, remain- 
 ders or other hereditaments, to the use, confidence or trust of any 
 other person or persons or of anybody politic, by reason of any bar- 
 gain, sale, feoffment, fine, recovery, covenant, contract, agreement, 
 will or otherwise, by any manner means whatsoever it be, that in 
 every such case, all and every such- person and persons and bodies 
 politic that have or hereafter shall have any such use, confidence or 
 trust, in fee simple, fee tail, for term of life or for years or otherwise, 
 or any use, confidence or trust in remainder or reverter shall from 
 henceforth stand and be seized, deemed and adjudged in lawful seisin, 
 estate and possession of and in the same honours, castles, manors, 
 lands, tenements, rents, services, reversions, remainders and heredita- 
 ments with their appurtenances to all intents, constructions and pur- 
 poses in the law of and in such like estates as they had or shall have 
 in use, trust or confidence of or in the same; and that the estate, 
 right, title and possession that was in such person or persons that 
 were or shall be hereafter seized of any lands, tenements or heredita- 
 ments, to the use, confidence or trust of any such person or persons, 
 or of any body politic, be, from henceforth, clearly deemed and ad- 
 judged to be in him or them that hereafter shall have such use, confi- 
 dence or trust, after such quality, manner, form and condition as they 
 had before in or to the use, confidence or trust that was in them." 
 
 § 2. " That where divers and many persons be or hereafter shall 
 happen to be jointly seized, of and in any lands, tenements, rents, 
 reversions, remainders or other hereditaments, to the use, confidence 
 or trust of any of them that be so jointly seized, that in every such 
 case that or those person or persons which have or hereafter shall 
 have any such use, confidence or trust, in any such lands, tenements, 
 rents, reversions, remainders or hereditaments, shall, from henceforth, 
 have and be deemed and adjudged to have, only to him or them that 
 have or hereafter shall have any such use, c.->nfidence or trust, such 
 ■estate, possession and seisin of and in the same lands, tenements, 
 reversions, remainders or other hereditaments in like nature, manner 
 and form, condition and course as he or they had before in the use, 
 •confidence or trust of the same lands, tenements or hereditaments ;" 
 saving and reserving, as below."'' 
 
 **" Edi. 1870, p. 450 to 456. person or persons which be seized or 
 
 **i Remarked on in Reeves's Hist, of hereafter shall be seized of any lands, 
 
 Engl, Law, ch. 30, vol. 3, edi. 1869, tenements or hereditaments to any use, 
 
 p. 383, et seq. ; 3 Fronde's Engl.,ch. 12, confidence or trust all such right, title, 
 
 edi. 1872, pp. gi, 92. entry, interest, possession, rents and 
 
 **''" Saving and reserving to all and action as they or any of them had or 
 
 singular persons and bodies politic, their might have had before the making of 
 
 Jieirs and successors, other than those this act. And also saving to all and 
 
CH. XXX.] 1509 TO 1546-7. 1005- 
 
 § 3. "Where also divers persons stand and be seized of and in 
 any lands, tenements or hereditaments, in fee simple or otherwise to 
 the use or intent that some other person or persons shall have and 
 perceive yearly to them and to his or their heirs one annual rent of 
 ;^io or more or less out of the same lands and tenements, and some 
 other person one annual rent to him and his assigns for term of life 
 or years or for some other special time, according to such intent 
 and use as hath been heretofore declared, limited and made thereof" ; 
 It is enacted, " that in every such case, the same persons, their heirs 
 and assigns, that have such use and interest to have and perceive any 
 such annual rent out of any lands, tenements or hereditaments, that 
 they and every of them, their heirs and assigns be adjudged and 
 deemed to be in possession and seisin of the same rent, of and in 
 such like estate as they had in the title, interest or use of the said 
 rent or profit, and as if a sufficient grant or other lawful conveyance 
 had been made and executed to them by such as were or shall be 
 seized to the use or intent of any such rent to be had, made or paid 
 according to the very trust and intent thereof; an^ that all and every 
 such person or persons as have or hereafter shall have any title, use 
 and interest in or to any such rent or profit, shall lawfully distrain 
 for non-payment of the said rent and in their own names make 
 avowries or by their bailiffs or servants make conisances and justifi- 
 cations and have all other suits, entries and remedies for such rents 
 as if the same rents had been actually and really granted to them 
 with sufficient clauses of distress, re-entry or otherwise, according to 
 such conditions, pains or other things limited and appointed upon 
 the trust and intent for payment or sutety of such rent "^*' 
 
 § 4. " That whereas divers persons have purchased or have estate 
 made and conveyed of and in divers lands, tenements and heredita- 
 ments unto them and to their wives and to the heirs of the husband, 
 or to the husband and to the wife and to the heirs of their two bodies 
 begotten, or to the heirs of one of their bodies begotten, or to the 
 husband and to the wife for term of their lives or for term of life of the 
 said wife ; or where any such estate or purchase of any lands, tene- 
 ments or hereditaments hath been or hereafter shall be made to any 
 husband and to- his wife in manner and form expressed, or to any 
 other person or persons, and to their heirs and assigns to the use 
 and behoof of the said husband and wife, or to the use of the wife 
 
 singular those persons and to their heirs contained in this act to the contrary not- 
 
 which be or hereafter shall be seized to withstanding." 3 Stat, of the Realm, 
 
 any use, all such former, right, title, 540; i Sanders on Uses and Trusts, 83,. 
 
 entry, interest, possession, rents, cus- 84; pp. 68, 6g of 3d edi. (1813), pp. 72, 
 
 toms, services and action as they or any 73 of 5th edi. (1844), and 2d Am. edi. 
 
 of them might have had to his or their (iSSS-) 
 
 own proper use in or to any manors, lands, *^' 3 Stat, of the Realm, 540 ; I San- 
 tenements, rents or hereditaments whereof ders on Uses and Trusts, 84, 85, 86; 
 they be or hereafter shall be seized to pp. 70, 71 of 3d edi. (1813), PP- 74> 75 
 any other use, as if this present act had of 5th edi. (1844), and 2d Am. edi. (1855.) 
 never been had nor made; anything 
 
1006 Reign of Henry VIII [tit. vii 
 
 as is before rehearsed for the jointure of the wife, that then in every 
 such case, every woman married, having such jointure made or 
 thereafter to be made shall not claim nor have title to have any 
 dower of the residue of the lands, tenements or hereditaments that at 
 any time were her said husband's by whom she hath any such 
 Jointure, nor shall demand nor claim her dower of and against them 
 that have the lands and inheritances of her said husband ; but if she 
 have no such jointure, then she shall be admitted and enabled to pur- 
 sue, have and demand her dower by writ of dower after the due 
 course and order of the common laws of this realm." *"* 
 
 § 5. " Provided, that if any such woman be lawfully expulsed or 
 evicted from her said jointure, or from any part thereof, without any 
 fraud or covin, by lawful entry, action or by discontinuance of her 
 husband, that every such woman shall be endowed of as much of the 
 residue of her husband's tenements or hereditaments, whereof she 
 was before dowable, as the same lands and tenements so evicted and 
 expulsed shall aftiount or extend unto." 
 
 I 6. Provided also " that this act nor anything therein contained or 
 expressed extend or be in any wise hurtfuLjDr prejudicial to any 
 woman or women heretofore being married, of, for and concerning 
 such right, title, use, interest or possession as they or any of them 
 have claim or pretend to have for her or their dower or jointure of in 
 or to any manors, lands, tenements or other hereditaments of any of 
 their late husbands, being now dead or deceased." **^ 
 
 Subsequent chapters during the same session of 27 Hen. VIII 
 (1535-6) embrace the following:*"' 
 
 *" 2 Stat, of the Realm, 540, 541 ; recognizances," &c. 
 
 1 Sanders on Uses and Trusts, 86 ; §9. " Proviso for wills of persons 
 
 pp. 71, 72 of 3d edi. (1813), pp. 75, 76 dying before i May, 1536." 
 
 of 5th edi. (1844), and of 2d Am. edi. § 10. "No fine, relief or heriot pay- 
 
 (1855.) able to the King on alienations of 
 
 *^5The two last sections, numbered estates executed under this act before 
 
 5 and 6 in 3 Stat, of the Realm, p. 541, i May, 1536." — "Nor to any private 
 
 are numbered 7 and 8 in i Sanders on persons." 
 
 Uses and Trusts, pp. 72, 73 of 3d edi. g 11. "Cestuis que use having estates 
 
 1813, and pp. 76, 77 of Sth edi. (1844), executed under this act shall have actions 
 
 and of 2d Am. edi. (1855.) for waste, &c." 
 
 Opposite the remaining sections, in § 12. " Actions pending shall not be 
 
 3 Stat, of the Realm, pp. 541, 542, may abated by this act." 
 
 be seen in the margin the following ^§ 13. " Proviso for wardships, &c." 
 
 words as to their nature : ^ 14. " Recognizances to the King's 
 
 J 7. "Jointure made after marriage case in certain recoveries declared void." 
 
 (except by act of parliament) may be g 15. " Proviso for Welshmen having 
 
 refused by the wife, who shall then estates executed under this act." 
 
 have her dower." '^^ Stat, of the Realm, p. 542 to 578. 
 
 g 8. "This act shall not extinguish 
 
CH. XXX.] 1509 TO 1546-7. 1007 
 
 Ch. II. " An act concerning clerks of the Signet and Privy Seal." 
 Ch. 15. "An act whereby the King's majesty shall have power to 
 
 nominate thirty-two persons of his clergy and lay fee for making of 
 
 Ecclesiastical laws." 
 
 Ch. 16. " An act concerning enrollments of bargains and contracts 
 
 of lands and tenements." 
 
 Ch. 20. "An act containing an order for tithes through the Realm." 
 Ch. 24. "An act for recontinuing of certain liberties and franchises 
 
 heretofore taken Irom the crown." 
 
 Ch. 27. "An act establishing the court of augmentations." 
 
 Ch. 28. " An act whereby all religious houses, of ' Monks, Chanons 
 
 and Nonnes' which may not dispend manors, lands, tenements and 
 
 hereditaments above the clear yearly value of ;^200 are given to the 
 
 King's Highness, his heirs and successors forever." 
 
 Chapters eleven, sixteen, twenty, and twenty-four, are in i ' Statutes 
 Revised.'*" 
 
 18. Of Henry Fitzroy, the King's natural son by Lady Talbois; and 
 of the influences to get rid of Anyie Boleyn and have in her 
 stead fane Seymour as Queen. Of the course before and after 
 the commission of April 25", 1536, to Chancellor Audley, the 
 Duke of Norfolk and others. Subserviency of the Chancellor 
 to the Royal will. Those who sat as judges were wanting in a 
 proper sense of judicial duty or in moral firmness, and instead 
 of acquitting Queen Anne as facts and law required, dis- 
 graced themselves by a judgment which deprived her of life, 
 {May 19. 1536). 
 
 According to Fuller, Henry Fitzroy — natural son of Henry the 
 eighth by Lady Talbois — was born at Blackmore manor in Essex 
 county in 1519; was of "the best disposition," with "forwardness in 
 all martial activity," and " knowledge in all arts and sciences ; learned 
 Leland dedicating a book to him: he was created earl of Notting- 
 ham and duke of Richmond; "married Mary, daughter of Thomas, 
 duke of Norfolk; and dying anno 1536 (in the seventeenth year of 
 his age), was buried at Framlingham, in Suffolk, with great lamenta- 
 tion."*^ It may "be fact that the King desired that this son should 
 marry a princess and have a high office:**' and a fact that this son's 
 
 *"Edi. 1870, p. 456 to 467. 6 Lingard's Engl., ch. 3, p. no. 
 
 ^\ Fuller's Worthies, edi. 1840, «3 2 Turner's Engl., edl. 1827, p. 40, 
 
 p. 499; Miss '-Strickland's Queens of and p. 122. 
 Engl., vol. 4, Phila. edi. 1857, p. 87; 
 
1008 Reign of Henry VIII [tit. vii 
 
 deatn was greatly lamented, both by the King and by Thomas, duke 
 of Norfolk. But not in these or any other facts is to be found justifi- 
 cation for such proceedings as were resorted to by the King and the. 
 Duke of Norfolk*'" to get Queen Anne Boleyn ''out of the way." 
 
 " The Duke of Norfolk at court and Gardiner beyond the sea 
 thought there might easily be found a mean to accommodate the 
 King both with the Emperor and the Pope if the Queen were once 
 out of the way ; for then he might freely marry any one whom he 
 pleased, and that marriage, with the male issue of it, could not be 
 disputed ; whereas as long as the Queen lived, her marriage, as being" 
 judged null' from the beginning,*" could never be allowed by the court 
 of Rome or any of that party."*" 
 
 As to combination and proceedings against Queen Anne, such 
 accounts as had before appeared in England and the United States,*'? 
 may be compared with what has lately been published by Mr. 
 Froude.*'* That in 1536 a considerable party was aiming to over- 
 throw her — is gathered by Mr. Froude from the Austrian archives at 
 Vienna; embracing letters to Charles V, from Eustace Chapuys,*'^ 
 his ambassador in England, between 1539 and 1545; and letters of 
 Queen Katharine and the Princess Mary. Mr. Froude understands 
 Chapuys as reporting that the Duke of Norfolk had been ' furious ' at 
 the Queen's language to him ; that the earl of Northumberland had 
 
 *™ W ho besides being father of the daughter. He regarded her divorce, both 
 
 Duchess of Richmond was maternal politically and religiously, with most 
 
 uncle of Anne Boleyn. profound abhorrence ; and he looked on 
 
 *" Being (as appears in \ 13, p. 989,) the separation of England from Rome, 
 
 not only in the lifetime of Queen the act of appeals and the act of su- 
 
 Katharine, but also before the King's premacy as so many infernal bonds with 
 
 divorce from her. which the King had sold himself to 
 
 *"l State Tr., 411. Hell." — 2 Froude's Engl., Appendix 
 
 *" I State Tr., p. 409 to 434; 7 Coll- pp. 506, 507. In a subsequent volume is. 
 
 yer's Engl., 26 to 34; 3 Hume's Engl., this quotation from Paget. "For Cha- 
 
 ch. 31, p. 223 to 229; 6 Lingard's Engl., puys, I never took him for a wise man, 
 
 ch. 4, p. 236 to 239; Miss Strickland's but for one that used to speak cum 
 
 Queens of Engl., vol. 4, p. 186, ifi' jfi^. summa licentia, whatsoever came in 
 
 '"'' In Appendix to 2 Froude's Engl., bucram without respect of honesty or 
 
 p. 503 to 546. truth, so it might serve his turn." — " He 
 
 *'5Mr. Froude deems it "necessary to is a great practiser; with which honest 
 
 say that Chapuys was a bitter Catholic. term we cover tale-telling, lying, dis- 
 
 His original mission was to protect the simuling and flattering." 4 Id., ch. 22, 
 
 interests of Queen Katharine and her p. 409. 
 
CH. XXX.] 1509 TO 1546-7. 1009 
 
 spoken of her "arrogance and malice";*" and the Duke of Suffolk 
 had spoken cf her ''as bitterly as Norfolk.""' Viewing Henry's 
 divorce from Katharine as Chapuys did, he is' constantly calling Anne 
 the 'concubine.' ''The concubine has bribed some one" says Cha- 
 puys, "to pretend a revelation from God that she can conceive no 
 children as long as Queen Katharine and the Princess are alive."'" 
 
 "I am told privately'' he said "that many times lately ihe concu- 
 bine has blamed the King for his remissness, telling him that it was a 
 shame to himself and to the realm (to spare them) and that they 
 ought to be punished as traitoresses under the form of the statute. 
 The said concubine," he continued, "is prouder and haughtier than 
 e\*er. She dares, as I hear, to tell the King that he is as deeply 
 bound to her as man can be bound to woman, for that she has been 
 the cause of saving him from the sin in which he was living."*" 
 
 Mr. Froude says, " Every minister who furthered or tried to farther 
 the Imperial alliance fell under her displeasure, and she was unnieas- 
 sured in the violence with which she addressed them Even Crom- 
 well, who had been considered her right hand, did not feel himself 
 secure. He told Chapuys, at the beginning of June, that if she knew 
 ilie familiarity that existed between Chapuys and himself she would 
 do him an ill turn. She had reproached him for something three 
 days before, he said, and had told him that she would see his head 
 taken off his shoulders; but he had such confidence in the King his 
 master that he did not think she could harm him." *™ 
 
 As to Queen Katharine and the Princess Mary, Chapuys wrote 
 
 in November: 
 
 " The concubine who has conspired the death of the said ladies, 
 thinks of nothing but to get then: dispatched, /i is she who com- 
 mands and governs all, aiid the King will not contradict her. The 
 case is most dangerous. It is to be feared, as I have already writ- 
 ten, that he will» make his Parliament and the estates of the realm 
 ihe partners, And, as it were, the authors of his misdeeds'' **' 
 
 As to Katharine's end in January (1535-6) Mr. Froude says: 
 
 " It was inevitable that her death, occurring at such a time, so 
 f'pportunely, should be attributed in the excited state of feehng to 
 foul play. Although the most energetic half of the nation had gone 
 along with the King in the revolt from the Papacy, Queen Katharine 
 had always retained their respect and affection." — "Anne Boleyn 
 was supposed to have poisoned Katharine, and to meditate sending 
 her daughter after her on the same road."*"^ 
 
 *™ Id., p. 508. pereur, Mar. 8. 
 «' Id., p. 509. "I Id., p. 510. **» Id., p. 5 16. 181 /^^ p j24_ 
 
 *™ Id., p. 515 ; citing Chapuys a, I'Em- ^'^ Id., p. 527, and pp. 561, 562. 
 
 64 
 
1010 Reign of Henry VIII [tit. vii 
 
 " In the atmosphere of impassioned animosity," " the ill-feeling 
 towards Anne was not diminished by the unconcealed satisfaction 
 which she displayed when the news of Katharine's death arrived at 
 the court. She gave Lord Montague, who informed her ot it, a 
 handsome present. Her father. Lord Wiltshire, her brother Roch- 
 ford, and all her party, united with her in indecent exultation ; her 
 father and brother especially saying, the only misfortune was that the 
 daughter had not borne the mother company."**' 
 
 Such language was at a time when "Anne's charms had ceased to 
 i| please" the King, "and he had given way to a new sensual par- 
 tiality.'"*' 
 
 "He entertained a secret love for Jane Seymour, who" (it has 
 been said) "had all the charms both of beauty'*' and youth in her 
 person ; and her humour was tempered between the severe gravity 
 of Queen Katharine and the gay pleasantness of Queen Anne."*** 
 
 January 29, Chapuis wrote to the Emperor that he had heard the 
 King ' conceived that he might take another wife.' '*' This and other 
 statements of Chapuis may be observed in connection with Miss 
 Strickland's chapters upon Anne and Jane;'** in one of wliich is the 
 statement 
 
 " That the queen surprised Jane, seated on Henry's knee, receiving 
 his caresses with every appearance of complacency," and gave way 
 to a transport of mingled grief and indignation"; that her shock 
 "brought on the pangs of premature travail; and after some hours 
 of protracted agony during which her life was in imminent peril, she 
 brought forth a dead son January 29th"; that afterwards the king 
 instead of expressing sympathy for her sufferings upbraided her 
 'with the loss of his boy'; that she with more spirit than prudence 
 retorted ' that he had no one to blame but himself for this disap- 
 pointment, which had been caused by her distress of mind about 
 'that wench Jane Seymour'; and that he sullenly turned away, mut- 
 tering, as he quitted her apartment, that 'she should have no more 
 boys by him.""** 
 
 Chapuis wrote to the Emperor, Feb. 10, that the Queen "feared 
 the King might treat her as the late Queen had been treated — report 
 
 *83 Id., pp. 528, 529. «« I State Tr., p. 412. 
 
 *** Lodge's Portr., vol. i, No. 16. *«'2 Froude's Engl., Appendix, p. 533. 
 
 485 An engraving from the original of ***4 Queens of Engl., pp. 185, 186, 
 
 Holbern, in the Duke of Bedford's col- and p. 216 to 219. 
 
 lection, is in Lodge's Portr., vol. I, No. 9. ^ Id., pp. 185, 186. 
 
CH. XXX.] 1509 TO 1546-7. 1011 
 
 whispered that he had lately made large presents to a lady at the 
 •court named Jane Seymour";*'" and Feb. 25: 
 
 "The King's new love affair with the lady I have already men- 
 tioned, goes steadily forward, to the concubine's extreme rage. The 
 King introduced the lady's brother into the privy chamber a fort- 
 night ago.'"" 
 
 Chapuis called on Cromwell, alluded to ' Queen Anne's threats to 
 take his head off,' and said he (CromwellJ ' deserved a more gracious 
 mistress.' This was mentioned in a letter of April i to the Emperor, 
 which Chapuis was closing, when he heard from the Marchioness of 
 JExeter, 
 
 " That the King having been lately in London and Mistress Sey- 
 mour at Greenwich, the King had sent her a purse full of sovereigns, 
 with a letter which she had kissed and had returned unopened to the 
 bearer. She had thrown herself on her knees and had bidden the 
 messenger entreat the King to remember that she Was the child of 
 honest parents with an unstained name, that she valued nothing so 
 much as her honour, and that she would not wound it for any reward 
 that would be offered to her. If he wished to" make her a present, 
 she begged him to keep it till God sent him some one to marry." 
 
 "The Marchioness tells me" (continued Chapuys) "that the King's 
 inclination for Mistress Seymour was marvellously increased by her 
 answer. He said that she was a virtuous woman---and that she 
 might understand that his intentions were strictly honourable, he 
 would only speak with her in future in the presence of one of her 
 relations. He has removed Cromwell from a room to which he had 
 private access by a gallery, and has placed there the lady's eldest 
 brother with his wife, so that he can see her when he pleases.'""^ 
 
 It being now believed that the King desired to marry Jane, there 
 were many who would "lend a hand to the affair." 
 
 Chapuis wrote to the Emperor, April i : " I think it will be well if 
 we caij bring it to effect, as well for the assurance of the person of 
 the Prince.ss as to apply a remedy to the heresies here, of which the 
 concubine is the cause and the chief nurse and also to extricate the 
 King from his present abominable and worse than incestuous con- 
 nection." *^ 
 
 Afterwards at Mass, whither Chapuis was conducted by Rochford, 
 Anne "made him ' ("Chapuis) "a deep obeisance, which he returned, 
 
 «» 2 Froude's Engl., Appendix, p. 534. '"^ Id., pp. 539, 540. 
 
 «i7d, p. 535. «»/a'.,p. S4I. 
 
1012 Reign of Henry VIII [tit. vii 
 
 and she passed on. When the service was over, the King and a 
 number of the peers retired to dine in Anne's apartments." These 
 and other mattlers are mentioned in a letter from " Cliapuys a 
 VEmpereur, 21 Avril."*^^ Mr. Froude says: 
 
 "Whatever else might have been intended, there h;id been evi- 
 dently up to this time no thought of charging Anne with personat 
 criminality. Politics was the foremost object." "The fortunes of 
 the unhappy woman who was about to bei the object of so tremen- 
 dous an accusation were of interest only so far as her overthrow or 
 her retention of her place beside the King would affect the balance 
 of political power. A decent excuse for divorcing her was being 
 eagerly looked for." — "The difficulty was to declare the second mar- 
 riage null, without acknowledging the vaHdity of the first." *°^ — 
 There is no sign of any desire on the part of the king to charge her 
 with misconduct towards himself since her marriage, or of any 
 thought of doing more than divorce her."^ 
 
 But in four days afterwards, to- wit: at Westminster, on April 25thj 
 in 28 Hen. VHI,(i536), a commission is "addressed to the chancel- 
 lor Audley, the dukes of Norfolk and Suffolk, the earls of Oxford^ 
 Westmoreland, Wiltshire and Sussex, and lord Sands ; to Cromwell^ 
 the king's secretary, and to ten knights, of whom seven were 
 judges " *"'' 
 
 Now it being understood that the King was really anxious to be 
 rid of Anne, the accumulated malice of months and years, truths^ 
 fictions, exaggerations, blended and whirled together, were ready 
 prepared to burst out. — " Trifles seen through the medium of ill will 
 might be magnified into damning evidence of guilt.""* 
 
 Anne, though she appears to have been entirely innocent, and 
 even virtuous in her conduct, had a certain gaiety, if not levity of 
 character, which threw her off her guard, and made her less circum- 
 spect than her situation required." — "She indulged herself in an easy 
 familiarity with persons who were formerly her equals, and who 
 might then have pretended to her friendship and good graces." — "111 
 instruments interposed and put a malignant interpretation on the 
 harmless liberties of the queen: the viscountess of Rocheford, in 
 particular, who was married to the queen's brother, but who lived on 
 bad terms with her sister-iri-law, insinuated the most cruel sus- 
 
 *'* Id., p. 542. p. 443 and note. 
 
 «5 Id., pp. 542, 543. ■"'s Id., p. 562. «8 2 Froude's Engl., Appendix, p. 544^ 
 
 *'"2 Turner's Hen. VIII, edi. 1827, and pp. 562, 563. 
 
CH. XXX.] 1509 TO 1546-7. 1013 
 
 picions into the king's mind ; and as she was a woman of a profligate 
 ■character, she paid no regard either to truth or humanity in those 
 calumnies which she suggested. She pretended that her own hus- 
 band was engaged in a criminal correspondence with his sister!"; 
 and made misrepresentations as to " Henry Norris, groom of the 
 stole, Weston and Brereton, gentlemen of the king's chamber," and 
 Mark Smeton, groom of the chainber." ■"" 
 
 As to an occurrence at the Greenwich tournament,™ Mr. Turner 
 has shewn that legal proceedings against Anne were begun on April 
 25th, being some days before that tournament;^" and Sir James 
 Mackintosh observes of that occurrence that it " must be either alto- 
 gether a pretext, or one of those trifles, ' light as air,' which are 
 proofs only to the jealous." ^°^ 
 
 On May 2 — the very day on which Anne was carried from Green- 
 wich to the Tower— Chapuis wrote to the Emperor, 
 
 " Your majesty will remember what I wrote to you at the com- 
 mencement of the past month, touching what had passed between 
 myself and Mr. Cromwell on the divorce of the KTmg from the con- 
 cubine. I ascertained the pleasure of the Princess on the subject. 
 She desired that I should do my best to further the matter, espe- 
 cially for the honor and discharge of the conscience of the King, 
 her father." — " / have (in consequence) used such means as seemed 
 converiient to set the affair forward, both with Mr. Cromwell and with 
 many other persons'' — " It has turned out, in my opinion, far better 
 than any one could have anticipated." — "The concubine has been 
 taken in the open day -light from Greenwich to the tower of London." 
 
 " The Emperor wrote immediately to tell Chapuy's to take ad- 
 vantage of the opportunity to press forward the alliance." He said : 
 
 " It is probable" "the King will be more inclined to treat with us, 
 and there will be better ground for arranging what concerns our 
 cousin, the Princess. But you must use all your skill to prevent the 
 King from inclining to a marriage with France. He must rather 
 
 *99 3 Hume's Engl., ch. 31, pp. 233, intosh's Engl., Phila. edi. 1831, p. 167 
 
 224 of N. V. edi. 1851; 7 CoUyer's note; citing Dugdale ii, 207. 
 
 Engl., edi. 1775, pp. 27, 28. Sir James M"3 Hume's Engl., ch. 31, p. 225; 
 
 Mackintosh says of the -viscountess of 7 CoUyer's Engl., pp. 28, 29. 
 
 Rochford, "This detestable woman ™2 Turner's Hen. VIH, edi. 1827, 
 
 {whose name never should be forgotten) p. 435, note 7. 
 
 was Jane Parker, the daughter of Henry ^^ 2 Mackintosh's Engl., Phila. edi. 
 
 lord Parker and Mounteagle." 2 Mack- 1831, p. 163. 
 
1014 Reign of Henry VIII [tit. vii 
 
 choose one of his own subjects — either her, for whom he has already 
 shewn an inclination, or some other." ^°'' 
 
 Chapuy's writes : " I learn from good authority, that in a conversa- 
 tion between Jane Seymour and the King, about their approaching 
 marriage before the concubine was arrested, the -lady proposed to 
 him to bring back the Princess to the court. The King told her that 
 she was a fool. She ought rather, he said, to think of the position of 
 the children which they might expect for themselves. — " The concu- 
 bine's littie bastard*" will, I believe, be excluded from the succession; 
 the King meant Parliament to invite him to marry again. To con- 
 ceal the affection which he bears to the Lady Seymour, he keeps her 
 seven miles distant, in the house of the Master ot the House, and he 
 says in public, that he does not desire to reenter the married state 
 unless his subjects constrain him.."^'" 
 
 Thomas Cranmer, archbishop of Canterbury, " often wanted the 
 courage to resist crimes," though he may not have " desired to do 
 evil."™ His verbose letter of May 3 to the king, though mentioned 
 by Sir James Mackintosh as 'skilful and persuasive,"*"' may be 
 thought to shew rather desire to discover, and conform to, the king's- 
 pleasure than sucti courage and determination on the archbishop's 
 part to perform his duty as best became him in the grave emer- 
 gency.*"* He certainly was not such a friend as Anne needed.*"* She 
 may have been helped by 07ie in the preparation of the letter of 
 May 6 from the Tower to the king, wherein she said : " Try me, good 
 king, but let me have a lawful trial ; and let not my sworn enemies 
 sit as my accusers and judges "^^'^ This reasonable request (it may 
 be inferred) made on those in power no impression in its favour. 
 
 " Under CromWell the coercion of juries and the management of 
 judges rendered the courts mere mouthpieces of the royal will." *" 
 
 s 
 
 603 2 Froude's Engl., Appendix, pp. 546, ^lo j jjarl. Miscel., p. 201 ; 3 Seward' 
 547. Anecdotes, p. 76 ; I State Tr., pp. 426,. 
 
 604 The Princess Elizabeth, afterwards 427; 2 Turner's Hen. VIII, eSi. 1827, 
 Queen of England. p. 439 to 442 ; 2 Mackintosh's Engl.^ 
 
 ^^ Id., p. 551. As to this see Id., edi. 1827, p. 164, and Appendix iii» 
 
 p. 559 ; and in this volume /M/ in sec. 19. p. 300 to 302 ; Miss Strickland's Queens 
 
 ™S2 Mackintosh's Engl., Phila. edi. of Engl., vol. 4, p. 1915, and p. 197;, 
 
 1831, p. 158. ™' Id., p. 164. Holcombe's Literature in Letters, N. Y. 
 
 6»8 2 Turner's Hen. VIII, edi. 1827, edi. 1866, p. 299 to 301. 
 p. 436 to 438. The letter is in Scoones's "i Green's Short Hist., sect. 6, p. 350; 
 
 Engl. Letters.N. Y. edi. 1880, p. 13 to 15. Hist, of Engl. Peop., book 5, ch. 4, voL 
 
 *»9 2 Turner's Hen. VIII, edi. 1827, 2, p. 165. 
 pp. 43S, 439. 
 
CH. XXX.] 1509 TO 1546-7. 1015 
 
 The Lord Chancellor Audley conformed without hesitation to the 
 royal will, and took a leading part in the proceedings against the 
 unfortunate Anne from the first surmise against her at court." — " He 
 formed one of the committee of Council to whom the 'delicate 
 investigation' was intrusted, and he joined in the report 'that suffi- 
 cient proof had been discovered to convict her.'^'^ 
 
 The circumstances relied on. May 10, to authorize the indictment, 
 Mr. Turner says, " do not resemble those of a true case, nor suit the 
 natural conduct of a shameless woman." ^" 
 
 Subsequent proceedings were as rapid as they were terrible."* 
 The trial of the Queen of England was not by the House of Peers, 
 but under a commission to a person mentioned on p. 1008 as ' furious ' 
 against her."^ Thomas, duke of Norfolk, treasurer and Earl Mar- 
 shal of England, who might now be thought of more as a catholic 
 than an uncle, was commissioned Lord High Steward of England, 
 with power to collect "such and so many lords, peers and magnates" 
 by whom the" so-called "truth could be better known.™ 
 
 Westminster Hall seems to have been thought not the most suit- 
 able place" to effect the King's object. The accusers must have 
 doubted whether their proofs would prove their reproof, when they 
 durst not bring them to the proof of the light in an open place." °^'' 
 The trial was in the Tower on a scaffold made for the purf ose in the 
 
 *" Campbell's Lives of Chancellors, Weston. Norris had been much in the 
 
 ch. 34, vol. I, p. 613 of 2d edi. 1846; King's favour, and an offer of life was 
 
 vol. 2, p. g8 of Boston edi. 1874. made if he would accuse the Queen; 
 
 513 2 Turner's Hen. VIII, edi. 1827, but be generously rejected the proposal, 
 
 pp. 443, 444; 2 Mackintosh's Engl., and said that in his conscience he be- 
 
 Phila. edi. 1831, pp. 165, 166. lieved her entirely guiltless; but, for his 
 
 *'*On May 12 "Norris, Weston, Bre- part, he would accuse her of nothing, 
 
 reton and Smeton were tried ; but no and he would rather die a thousand 
 
 legal evidence was produced against deaths than caluminate an innocent per- 
 
 them. The chief proof of their guilt son." 3 Hume's Engl., ch. 31, p. 226 
 
 consisted in a hearsay from one Lady of N. Y. edi. r85l; 7 CoUyer's Engl., 
 
 Wingfield, who was dead. Smeton was edi. 1775, pp. 30, 31; 2 Turner's Hen. 
 
 prevailed on, by the vain hopes of life, VIII, edi. 1827, p. 444; 2 Mackintosh's 
 
 to confess a. criminal correspondence Engl., Phila. edi. 1831, p. 165 to 167. 
 with the Queen; but even her enemies ^^^2 Froude's Engl., p. 508. 
 
 expected little advantage from this con- ^'^^ Id., ch. 11, p. 476. 
 
 fession, for ihey never dared to confront W7 2 Mackintosh's Engl., Phila. edi. 
 
 him with her, and he was immediately 1831, p. 168. 
 xecuted; as were also Brereton and 
 
1016 Reign of Henry VIII [tit. vir 
 
 King's Hall. The Queen's father should not have been and was not 
 one of her judges."' First among those collected "by whom the" 
 so-called "truth could be better known," was the Lord Chancellor 
 Audley who already in a report had expressed an opinion against 
 Anne. " Having been active as her prosecutor, Audley sat as her 
 judge," '" on the right hand of the Lord High Steward. The arraign- 
 ment was on May 15. 
 
 The chief evidence against Anne and her brother. Lord Rochford, 
 "is said to have consisted in Rochford's having been seen to lean on 
 her bed before some company"!"™ "Sir John Spelman mentions a 
 dying declaration of Lady Wingfield, tiansmitted to the King by 
 Lady Rochford, the wife of Anne's brother, as having made a strong 
 impression on" the King.°^' 
 
 "Anne was without counsel."^'" — "She assumed a cheerful and 
 fearless air, as if still the unquestionable queen. She defended her- 
 self by few words; and more by her modest countenance than by 
 her observations. Her mien excused more than what she said ; but 
 what she said was much to the purpose and very interesting."^"' 
 
 "It was everywhere muttered abroad that the queen in her defence 
 had cleared herself in a most noble speech. All wri:ers who lived 
 
 ^'8 I State Tr., pp. 409, 410, and p. 417. 1831, p. 162, note; 2 Turner's Hen. "VIII, 
 
 51' Campbell's Lives of Chancellors, edi. 1827, p. 451, note, ir such a 
 
 ch. 34, vol. ii, p. 99, Boston edi. 1874. declaration had been offered at the trial, 
 
 ™7 Collyer's Engl., edi. 1775, p. 31 ; it could not lawfully have been admi;led 
 3 Hume's Engl., ch. 31, N. Y. edi. 1 85 1, as evidence without an opportunity of 
 p. 226. As to what he vifas charged cross-examining Lady Rochford; when 
 with, " He replied to all so well, that her falsehood might have become as 
 many persons present were ready to bet manifest, as afterwards it did, by the 
 ten to one that he would be acquitted; confession which she made when about 
 especially because no witnesses were to die; as to which see the last para- 
 produced either against him, or against graph of this section, 
 her, as is the custom when the prisoner '^^k Attended only by her ladies." 
 denies the crime of which he is ac- 2 Turner's Hen. VIII, edi. 1827, p. 445. 
 cused." 2 Froude's Engl., Appendix, Sir James Mackintosh says : " The igno- 
 PP- S53> 554- Though judgment of rant and treacherous women of her 
 death was given against him, yet, at the household." 2 Mackintosh's Engl., 
 time of his execution, he declared him- Phila. edi. 1831, p. 167. 
 self innocent of everything with which ^^Sj Turner's Hen. VIII, edi. 1827, 
 he was charged. Id., p. 556. p. 445. 
 
 ^^1 2 Mackintosh's Engl., Phila. edi. 
 
•CH. XXX.] 1509 TO 1546-7. 1017 
 
 near the time confirm this account of her defence.""* — "Magistrates 
 of London, and several others who were there, said they saw no 
 •evidence against her ; only it appeared that they were resolved to be 
 rid of her." ^'^ 
 
 Camden mentions that the spectators of the trial deemed her inno- 
 cent, and merely circumvented."™ Bishop Godwin says, " Had the 
 ,peers given their verdict according to the expectation of the assem- 
 bly, she had been acquitted."^'" 
 
 She repelled each charge with so much modesty, temper and nat- 
 ural good sense, that before an impartial tribunal she must have been 
 acquitted; "the evidence to support the main charge consisting of 
 hearsay and forced confessions by accomplices not produced, was 
 ^uch as in our days could not be submitted to a jury. Yet, under 
 the direction of Audley, she was unanimously found guilty."*'* 
 
 There is ascribed to Anne at the time of the sentence, an address 
 to the judges which was calm and dignified;"' and which Mr. Tur- 
 ner mentions as "a combination of feeling, natural eloquence and 
 good sense." 
 
 "Gentlemen, I will not say that your sentence is unjust, nor pre- 
 sume that my opinion ought to be preferred to the judgment of you 
 all; for I think you have sufficient reasons, arguments and occasions 
 of suspicion and jealousy on which you have condemned me. But 
 there must be some others than those you have here produced in 
 judgment; for r am entirely itmoccnt of these accusations, and I shall 
 
 52*2 Turner's Hen. VIII, edi. 1827, anything in the proceedings against her, 
 note on p. 460 to p. 544 ; 2 Mackintosh's but that they were resolved to seek occa- 
 Engl., Phila. edi. 1831, p. 162, note, and sion to get rid of her. 2 Turner's Hen. 
 pp. 167, 168. "The description of this VIII, edi. 1827, p. 446. 
 scene l)y the narrative versifier" (Wyatt) ^^^ Id., p. 447, note 2; citing Annal. 
 " bears marks of accurate intelligence, Introd. Collyer and Hume concur that 
 and minute observation. 'The queen,' "the spectators could not forbear pro- 
 says he, defended her honor calmly noun cing her entirely innocent." 7 Coll. 
 against the imputation of unutterable Engl., p. 32; 3 Hume's Engl., ch. 31, 
 turpitudes. She proved that she was p. 227. 
 
 conscious of a righteous cause, more by **' Adopted in Miss Strickland's Queens 
 
 a serene countenance than by the power . of Engl., vol. 4, p. 197 ; I State Tr., 410. 
 
 of language. She spoke little; but no ^ze (;;;an;,pi3gii>5 Lives of Chancellors, 
 
 man who looked on her could see any ch. 34, pp. 613, 614 of vol. I, edi. 2 
 
 symptoms of criminality." Id., -p. 168. (1846), p. 99 of vol. 2, Boston edi. 1874; 
 
 ^2»I State Tr., 424. "The Lord :2 Froude's Engl., Appendix, p. 563. 
 
 Mayor afterwards remarked to some of ^^' I State Tr., p. 424. 
 her friends that he could not observe 
 
1018 Reign of Henry VIII [tit. vir 
 
 not ask pardon of heaven for them, as I have always been a faithful 
 and loyal wife to the king my lord. But perhaps I have not always 
 shewn to him such a perfect humility and reverence as his gracious- 
 ness and courtesy deserved, and which his good temper, and the honor 
 which he has done me, required. I confess that I have often had 
 suspicious fancies against him, in which I freely own I have been 
 deficient in strength and wisdom ; but heaven is witness that I have 
 not otherwise trespassed against him, and at the moment of death 
 shall confess nothing else. Think not that I say this to prolong my 
 life." — "I mean these last words to serve no other purpose than to 
 defend my honor."*™ 
 
 This "unfortunate and beautiful Queen, to whose innocence" (Mr.. 
 Lodge thinks) " posterity has implicitiy subscribed," was sentenced 
 to death ; *'" although against her there was produced no evidence 
 "that would bear a dispassionate legal examination ";°'^ and although 
 against the King there are damnatory facts. Among the things told 
 of what was passing between the King and Mrs. Jane Seymour, Cha- 
 puis says : 
 
 "The day before" Anne "was condemned" the King "sent Sir 
 Nicholas Carew and some other gentlemen to fetch Mistress Sey- 
 mour. They brought her within a mile of the palace, where she is 
 splendidly served by the officers of the royal kitchen, and is magnifi- 
 cently dressed. A lady, a relation of hers, who dined with her on 
 the day of the sentence, told me that a message came from the King 
 to her in the morning that by three o'clock he would send her word 
 that the concubine was condemned. This he did by Master Bryan, 
 whom he dispatched with all speed." "'^ 
 
 Granger states Anne's case briefly thus : 
 
 " This beauteous queen fell a sacrifice to the violent passions of 
 Henry the Eighth ; to his anger for bringing him a dead son ; to his 
 jealousy for the innocent but indiscreet familiarities of her behaviour; 
 
 ^"2 Turner's Hen. VIII, edi. 1827, edition of this volume there was (in 
 
 p. 446, note. Mr. Turner observes that some periodicals and papers) allusion to 
 
 her address rests " upon the authority of what was supposed to be in documents 
 
 the Lord of Miheive, and as we have mentioned in Report of the Record 
 
 only Meteren's prose version of his commission as to ' Baga de Secretis." 
 
 verse, there may be somewhat of a Such allusion led Miss Strickland to 
 
 poet's usual heightening, or, at least, make as to this bag observations which 
 
 inevitable amplification." Ibid. are in a subsequent edition of vol. 4, 
 
 6*1 Lodge's Portr., vol. i, No. 8. p. 215. 
 
 ''^Miss Strickland's Queens of Engl., ^'2 Froude's Engl., Appendix, p. 557. 
 vol. 4. After the publication of her first 
 
CH. XXX.] 1509 TO 1546-7. lOlQ' 
 
 and above all to his passion for Jane Seymour, whom he married the 
 next day after she was beheaded."^'* 
 
 The following words may be considered a strong but true sen- 
 tence against King Henry : 
 
 "Within one and the same month" was queen Anne flourishing, 
 accused, condemned, executed; and another assumed into her place^ 
 both of bed and honour: The first of May it seemeth, she was 
 informed against, the second imprisoned, the fifteenth condemned, the 
 seventeenth deprived of her brother and friends who suffered in her 
 cause, and the nineteenth executed; on the twentieth the King mar- 
 ried Jane Seymour who, on the 29th, was publicly shewed Queen." °'^ 
 
 To this sentence may be added some of Mr. Froude's observa- 
 tions : 
 
 " The accusations against Anne were of themselves of a monstrous 
 kind. No trace can be found of any previous suspicion of her con- 
 duct. Siie was charged suddenly with the broadest and grossest 
 profligacy. She was hurried out of the world with the most vio- 
 lent precipitancy; and within a few days of her death Jane Sey- 
 mour was in the place which she had left vacant. The obvious 
 inference is, that she was falsely accused, that the King was tired of 
 her and wished her out of the way, that he might take his pleasure 
 with his new favorite." "" 
 
 Henry's subservient judges pronounced such a sentence as en- 
 abled the despotic king to increase or lessen at his pleasure the suf- 
 fering of the helpless woman in the hour of death. The sentence 
 was, that she "as the king shall command be brought to the queen 
 within the said Tower, and there burned or beheaded as shall please 
 the King." *" If the King desired her to act in a certain way before 
 the archbishop, or at the hour of her death, those who so em- 
 powered him to burn- her or not as should please him, gave him 
 
 ^*i Granger's Biogr. Hist., edi. 3 This besides being the day of the exe- 
 
 (1779), p. 78. cution of Queen Anne, is the date of 
 
 ^ I State Tr., 41 1 ; Miss Strickland's the dispensation by Cranmer of kindred 
 
 Queens of Engl., vol. 4, pp. 219, 220. and all other impediments in the mar- 
 
 The reader may compare what in 1533 riage of the King and Jane Seymour.'' 
 
 was done by Archbishop Cranmer as to Id., p. 221. 
 
 Katharine of Arragon, notwithstanding ^36 2 Froude's Engl., Appendix, p. 503. 
 
 the Pope's dispensation (g 13, p. 990,) =37 2 Froude's Engl., ch. 11, p. 478. 
 
 with what was done in 1536 on May 19. 
 
1020 Reign of Henry VIII [tit. vii 
 
 the means of influencingf her action, i State Tr., 419. The King 
 aimed to get her to make some admission of matters before his 
 marriage with her; and the Archbishop Cranmer who, in 1533, judi- 
 cially confirmed that marriage, was on the 17th of May, 1536, so 
 -compliant as to pronounce that that marriage "' was and always had 
 ■been Jiull and void" °'^ Perhaps it did. not occur to the Archbishop 
 that if Henry Percy had been " so contracted to Anne as to avoid a 
 subsequent marriage, his own children would have been illegiti- 
 mate."'™ The inconsistency between the sentence of the judges 
 proceeding on the ground that the marriage of Henry VIII with 
 Anne was valid, and she his lawful wife and Queen, and the sen- 
 tence of the Archbishop that that marriage " was and always had 
 been mill and void has been well remarked upon.**" 
 
 Disgust at the then abject and debasing subserviency is forcibly 
 expressed by Lord Campbell, when he says : " It is well that Henry 
 did not direct that Audley should officiate as executioner, with Cran- 
 mer as his assistant; for they probably would have obeyed sooner 
 than have given up the seals or the primacy." °" 
 
 Very early On the morning of May 19 (1536), Sir William King- 
 ston wrote to Secretary Cromwell : 
 
 " If we have not an hour certain, as it may be known in London, I 
 think here will be but few, and I think a reasonable number were 
 best; for I suppose she will declare herself to be a good woman for 
 all men but for the King at the hour of her death; for this morning 
 she sent for me and protested her innocency; and now again; and 
 
 *'^ In the letter dated at Newington prcBsenti could be of any force to annul 
 
 Green, May 14, in 28 Hen. VIII, Henry the subsequent marriage." Id., p. 418. 
 Percy (then Earl of Northumberland) =^'3 Mackintosh's Engl., Phila. edi. 
 
 denies that "ever there were any con- 1833, p. 45, note. 
 
 tract or promise of marriage between" ^^ i State Tr., 419 ; 3 Hume's Engl., 
 
 Anne and him. i State Tr., 426. On ch. 31, p. 227; 6 Lingard's Engl., ch. 4, 
 
 another page it is said there " might be p. 244 to 247 ; 2 Mackintosh's Engl., 
 
 some promise he made to marry per Phila. edi. 1831, pp. 169, 170; Miss 
 
 verba de futuro, which, though it was Strickland's Queens of Engl., vol. 4, 
 
 no precontract in itself, yet it seems the pp. 202, 203; Froude's Engl., Appendix, 
 
 poor Queen was either so ignorant or so p. 566. 
 
 ill advised as to be persuaded afterwards *" Lives of the Chancellors, ch. 34, 
 
 it was one; though it is certain that p. 614 of vol. i, 2d edi. (1846), p. 100 
 
 nothing but a contract per verba de of vol. 2, Boston edi. 1874. 
 
CH. XXX.] 1509 TO 1546-7. 1021 
 
 said to me, 'Mr. Kingston, I heard say I shall not die aforenoon; and 
 I am sorry therefore, for I thought to be dead by that time and past 
 my pain,' I told her it should be no pain, it was so sotell." — " I have 
 seen marry men and women executed, and they have been in great 
 sorrow; and, to my knowledge, this lady hath much joy and pleas- 
 ure in death." "" 
 
 It is said that just before Anne went to execution, she sent by a 
 messenger this to the King : 
 
 " Commend me to his majesty and tell him he hath ever been con- 
 stant in his career of advancing me; from a private gentlewoman, he 
 made me a marchioness; from a marchioness a queen; and now he 
 hath no higher degree of honour, he gives my innocency the crown 
 of martyrdom.""' 
 
 During the whole period of Anne's imprisonment, her protestation 
 of innocence was constant."** And the language ascribed to her 
 when on the scaffold, is not at all inconsistent with her innocence. 
 The words are such as is reasonable to suppose were suggested by a 
 person of influence with her; who desired to act himself and get her 
 to act in a way agreeable to the king;"^ "that particular form" may 
 have been "enjoined by authority, that she might not seem to 
 impeach 'the king's justice.'" It is so considered by Dr. Lingard in 
 the very passage wherein he says of Anne Boleyn, " she fell a victim, 
 to the jealousy or resentment of a despotic husband." ^^ 
 
 "2 Lodge's Portr., vol. i. No. 8. the law, I am judged to die, and there- 
 
 **3 1 State Tr., pp. 432, 433. Miss fore I will speak nothing against it. I 
 
 Strickland observes that f Lord Bacon aid come hither to accuse no man, nor 
 
 is the only person who places it in its to speak anything of that whereof I 
 
 apparently true chronology, the day of am accused and condemned to die." 
 
 her death, when hope was gone, and the 3 Seward's Anecdotes, pp. 75, 76 ; 
 
 overcharged heart of the victim dared to I State Tr., 410, 421 ; 6 Lingard's 
 
 give vent to its last bitterness in these Engl , ch. 4, pp. 248, 249 ; 2 Turner's 
 
 memorable words." Queens of Engl., Hen. VIII, edi. 1827, pp. 454, 455; 
 
 vol. 4, p. 2oi. 2 Mackintosh's Engl., Phila. edi. 1831,. 
 
 5" I State Tr., pp. 419, 420, and pp. 170, 171; Chambers's Engl. Let., 
 
 p. 429; 3 Seward's Anecdotes, pp. 74, vol. I, p. 68; Miss Strickland's Queens 
 
 75 ; 2 Froude's Engl., Appendix, p. 557, of Engl., vol. 4, pp. 209, 210 ; 2 Froude's- 
 
 Lodge's Portr., vol. I, No. 8. Engl., ch. II, p. 487. 
 
 ^The speech begins thus: "Good ^^^d Lingard's Engl., ch, 4, p. 317, 
 
 Christian People, I am come hither to note. 
 die. For according to the law, and by 
 
1022 Reign of Henry VIII [tit. vii 
 
 In after years there is mention of confessions, on the approach of 
 ■death : by Lady Rochford of her false accusation of Queen Anne ; ^" 
 and by the dying monarch of his remorse of conscience for her 
 murder."^ 
 
 Jp. Mention of Hen. VIII as carrying judicial murder in his bed. 
 In ^5J<5, in April, writs were tested for a Parliament. In fune^ 
 grants by the King to Queen fatie Seymour and her kin ; speech 
 by Lord Chaticellor Audley when Parliament met; its statutes. 
 Marriages of fames V, of Scotland, i to Magdalene ; 2 to Mary 
 of Guise. 
 
 April 25 in 28 Hen. VIII (1536) is the date of the commission 
 mentioned in the preceding section (p. 1012), as "addressed to the 
 Chancellor Audley, the dukes of Norfolk and Suffolk'' and others; 
 which seems to be the beginning, on the part of Henry VIII, of those 
 proceedings which have caused it to be said : 
 
 " He is the only prince of modern times who carried judicial mur- 
 der into his bed, and imbrued his hands in the blood of those whom 
 he had caressed."^*' 
 
 To get Queen Anne Boleyn "out of the way," and Jane Seymour 
 in her place, was alike the King's desire at the date of that commis- 
 sion and two days afterwards, to- wit: on the 27th of April, when 
 writs were tested for a parliament in June.^"" 
 
 In that year (1536), in June, the King made one grant on the first 
 and another on the third, " unto his most dear and entirely beloved 
 
 ^"In 1542, on Feb. 13, when Lady edi. 1827, p. 459, note 70. 
 
 Rochford suffered death on the scaffold, ^*' 2 Mackintosh's Engl., Phila. edi. 
 
 her last words were: "That she sup- 1831, ch. 7, pp. 159, 160. 
 
 posed God had permitted her to suffer 5™ i State Tr., 423. Although Mr. 
 
 this shameful doom as a punishment for Hume may not have become aware of 
 
 having contributed to her husband's the writs being tested on the 27th of 
 
 death by her false accusation of Queen April, when he wrote that " the trial 
 
 Anne Boleyn ; but she was guilty of no and conviction of Queen Anne, and the 
 
 other crime." Miss Strickland's Queens subsequent events, made it necessary for 
 
 of Engl., vol. 4, p. 326. the King to summon a new parliament" 
 
 s<8State Tr., 426; Miss Strickland's (3 Hume's Engl., ch. 31, N. Y. edi. 
 
 Queens of Engl., vol. 5, p. 61. Thevet's 1851, p. 229,) yet it may be that as early 
 
 Cosmographic Universelle, 1. 16, i.. 5, as April 27 the King was resolved on 
 
 p. 657, is cited in 2 Turner's Hen. VIII, some of those subsequent events. 
 
CH. XXX.] 1509 TO 1546-7. 1023 
 
 wife, Queen Jane," eldest daughter of Sir John Seymour, of Wolfe 
 Hall in Wiltshire, by Margaret, daughter of Sir Thomas Wentworth, 
 of Nettlestead in Suffolk; on the fifth raised her brother Edward 
 (being the eldest of Sir John's sons) to the dignity of Viscount 
 Beauchamp; and on the seventh made to him grants of property.**' 
 The session of parliament, under the writs before mentioned, 
 began at Westminster on the eighth of June.**'' In the speech 
 ascribed to Lord Chancellor Audley on this occasion, he is repre- 
 sented to have spoken of the "great anxieties and perturbation of 
 mind " which the King suffered on account of his first marriage, and 
 of his 'great perils and danger' when he contracted his second mar- 
 riage ; then this tool of the King is reported to have said : 
 
 "What man of middle condition would not this deter from marry- 
 ing a third time?" — "Yet this, our most excellent Prince, on the 
 humble petition of the nobility, and not of any carnal lust or affec- 
 tion, again condescends to contract matrimony, and hath at this lime 
 taken unto himself another wife, whose age and fine form denotes 
 her most fit and likely to bring forth children." — " Let us humbly 
 pray to God that he would bless this our most excellent Prince with 
 some offspring."**' ' 
 
 With such prayers the King is supposed to have co-operated. 
 
 Statutes made in the session of parliament at Westminster in 28 
 Hen. VIII, embrace fifty-two chapters;**' whereof chapters five, 
 eleven and fifteen are in i 'Statutes Revised.'*** In the margin of 
 sections of chapter seven — "an act for the establishment of the succes- 
 sion of the Imperial crown of this realm" — are the following words : 
 
 § I. "Recital of Statute 25 Hen. VIII, c. 22, § r, for limiting the 
 succession of the crown; on the King's marriage with Anne Bo- 
 leyne;" — "(§ 9) imposing oath for observance of the said act" — (§ 5) 
 for punishing slanderers of the said marriage as traitors ;'• St. 26 
 Hen. VIII, ch. 2, ratifying the form of the oath." — "Such marriage 
 
 ^13 Stat, of the Realm, pp. 681, 683, lors, ch. 34, p. 616 of vol. 1, 2d edi. 
 
 704, 70S; Lodge's Portr., vol. i, Nos. (1846), p. loi of vol. 2, Boston edi. 
 
 9 and 20. Sir John died in his 60th (1874); Miss Strickland's Queens of 
 
 year, December 21, 1536. Miss Stride- Engl., vol. 4, p. 221. 
 
 land's Queens of Engl., vol. 4, p. 223. ^t, Stat, of the Realm, p. 651 to 716. 
 
 "23 Stat, of the Realm, p. 651. 655 Edi. 1870, p. 467 to 474. 
 
 *53 Campbell's Lives of the Chancel- 
 
1024 Reign of Henry VIII [tit. vii 
 
 since discovered to be invalid ;" divorce thereon." — " Right of suc- 
 cession of the King's daughter Elizabeth under the said act." — Trea- 
 son and attainder of Queen Anne and her accomplices." --" Clauses 
 in recited act become inconsistent." — "The recited acts 25 Hen. VIII, 
 c. 22, 26 Hen. VIII, c. 2, repealed." 
 
 § 2. "Such repeal shall not discharge any one from treason com- 
 mitted against the said recited acts." 
 
 § 3. "Transgressions against the provisions of Stat. 25 Hen. VIII,. 
 c. 22, and also against 26 H. VIII, c. 13, by words and actions against 
 Queen Anne and her daughter Elizabeth, whereby subjects may have 
 incurred the peril of treason under the acts. ' — "All subjects having 
 so spoken or acted, declared to be pardoned, and released from all 
 penalties of treason or misprision." 
 
 § 4. "Attainder and forfeiture of said Queen Anne and her accom- 
 plices for treason. 
 
 § 5. "Marriage of the King with Queen Jane " — " For prevention 
 of future doubts, the marriage of the King and Lady Katharine, 
 widow of his brother Pi'ince Arthur, declared to be void, and their 
 separation to be valid; dispensation to the contrary declared to be 
 void; and all issue of the said marriage to be illegitimate." °°^ 
 
 § 6. "The marriage of the King and the late Queen Anne de- 
 clared void, and their divorce to be valid; without appeal or repeal. 
 All issue of the said marriage declared to be illegitimate.""' 
 
 § 7. "Prohibited degrees of marriage; extended to cases of carnal 
 knowledge. None can dispense with God's law. None shall marry 
 within the said prohibited degrees. Separations of persons so mar- 
 ried valid. Persons not yet separated shall be separated by the sen- 
 tence of the ordinary; without any appeal to Rome, &c.'' 
 
 § 8. " The King's issue by Queen Jane declared to be his lawful 
 children. Limitations of descent of the crown, viz : to the King's 
 sons successively, and the heirs of their bodies ; for default of sons 
 then to the King's legitimate daughters successively, and the heirs of 
 their bodies." 
 
 § 9. In default of the King's issue. Danger of naming a succes- 
 sor to the Crown immediately ; advantage of empowering the King 
 to do so. On failure of his issue, the King may limit the descent of 
 the Crown, by letters patent or by his will, to any person in posses- 
 sion or remainder; who shall be obeyed accordingly, whether male 
 or female." 
 
 § ID. "Such person shall succeed to the Crown as heir, and as if 
 specially named herein." 
 
 § II. "If any of the King's heirs or children usurp against each 
 
 , other, or if they or the persons to whom the crown may be limited, 
 
 under the powers of this act, disturb the descent or limitation under 
 
 this act, they shall be deemed guilty of high treason, and shall forfeit 
 
 their claims." 
 
 ^^ Issue of this marriage was the =*' Issue of this marriage was the 
 
 Princess Mary; afterwards Queen of Princess Elizabeth; afterwards Queen 
 England. of England. 
 
CH. XXX.] 1509 TO 1546-7. 1025 
 
 § 12. "Punishment of such persons as by word, writing or act, 
 shall do anything' to the peril of the King, his heirs or successors to 
 the crown; or for the repeal, &c., of this act or of the King's dispo- 
 sition by force thereof; or to the prejudice of his marriage with 
 Queen Jane, &c. ; or of the succession of his issue or successors 
 under this act; or of their fame, person or title; or shall judge the 
 King's former marriages to be valid ; or shall impugn the divorces 
 pronounced against such marriages; or shail call the children of such 
 marriages legitimate; or under any pretence shall attempt, &c., to 
 deprive the King, or his heirs or successors of title or power ; or, on 
 being required shall refuse to answer interrogatories on oath relating 
 to this act. All such persons declared guilty of high treason, and 
 shall suffer death, and forfeit all their lands and goods, &c. ; general 
 saving for titles of persons accruing before such treason committed." 
 § 13. " Offenders in treason shall not have privilege of sanctuary." 
 § 14. "Upon the King's demise, issue male under 18, or female 
 unmarried under 16, shall-be under the guardianship of their mother 
 and a council, or of a council only, as the King's will shall direct. 
 Penalty upon all opposers thereof; high treason." 
 
 § 15. " All subjects shall be sworn to the performance of this act. 
 Form of the oath." 
 
 § 16. "All persons suing livery, &c., out of the King's hands, shall 
 take the said oath. Persons refusing to take the said oath, or pro- 
 testing against declaring their thoughts on interrogatories, declared 
 guilty of high treason." 
 
 § 17. "If the King at any time, by his letters patent or will, shall 
 advance any persons of his blood to any title or dignity and grant 
 them any estates, such patent or will shall be as valid as if specified 
 in this act, and as if granted by authority of parliament. General 
 saving rights." 
 
 § 18. "This act shall be construed most forcibly; without deroga- 
 tion by any other act made or to be made." 
 
 In the same session (28 Hen. VIII) were the following chapters: 
 
 Ch. 10. "An act extinguishing the authority of the bishop of 
 Rome."^'' 
 
 Ch. II. "An act for restitution of the first fruits in the time of vaca- 
 tion to the next incumbent." ^^' 
 
 Ch. 15. "An act for punishment of pirates and robbers of the 
 sea."'*" 
 
 Ch. 16. "An act for the release of such as have obtained pretended 
 licenses and dispensations from the see of Rome."^" 
 
 =°^3 Stat, of the Realm, p. 663 to 666. is cited (in connection with the resolu- 
 
 *"^ Id., pp. 666, 667. tion against torture) in 3 State Tr., 
 
 ''^ Id., p. 671. " T\\e preambh oi the pp. 371, 372. 
 
 act, 28 H. VIII, for the trial of felony, ^613 gtat. of the Realm, pp. 672, 673. 
 
 where treasons are done upon the sea," 
 
 65 
 
1026 
 
 Reign of Henry VIII 
 
 [tit. VII 
 
 Ch. 17. "An act giving authority to such as shall succeed to the 
 crown of this realm when they shall come to the age of 24 years to 
 make frustrate such acts as shall be made before in their time."""^ 
 
 Ch. 24." " An act concerning the attainder of the Lord Thomas 
 Howard."^*' 
 
 Ch. 25. "An act concerning the assurance of certain land unto Sir 
 Edward Seymor, Knt., Vicount Beauchamp."^" 
 
 Ch. 38. " An act concerning the assurance of the manors ol Parys- 
 g-arden, Hyde and others to the Queen's Grace." ""^ 
 
 Ch. 45. "An act concerning the Queen's jointure."^ 
 
 In Nov., 1536, Henry's nephew, James the Fifth of Scotland, pro- 
 ■ceeded to the French court; and Francis I gave him his daughter 
 Magdalene in marriage. 
 
 "Their marriage was celebrated Jan. i, 1537"; "and on the 28th 
 of May they landed in Scotland." — "Magdalene did not, however, 
 long survive"; "wasted by a hectic fever, she died" in "July.""" 
 
 Soon ambassadors were sent " to France, to bring over Mary, of 
 the house of Guise, widow of the duke of Longueville." 
 
 "Next year (June 12), Mary" "landed at Balcomy, a seat belong- 
 
 562 Id., p. 673. 
 
 563 Id., p. 6S0. Mr. Hume speaking of 
 its being " made treason to marry without 
 the King's consent, any princess related 
 in the first degree to the crown," says: 
 " This act was occasioned by the dis. 
 covery of a design formed by Thomas 
 Howard, brother of the Duke of Nor- 
 folk, to espouse the Lady Margaret 
 Douglas, niece to the King, by his sister, 
 the Quiien of Scots, and the Earl of 
 Angus. Howard, as well as the young 
 lady, was committed to the Tower. She 
 recovered her liberty soon after ; but he 
 died in .confinement." 3 Hume's Engl., 
 ch. 31, p. 230. His death in 1537 is 
 mentioned in Sir H. Ellis's 3d series of 
 Orig. Let., vol. 3, pp. 135, 136. In Id., 
 p. 136 to 138, is a letter from Lady Mar- 
 garet Douglas, afterwards mother of 
 Lord Darnley. 
 
 56* Reciting and confirming grants by 
 the King's Letters patent, dated June 7 
 in 28 Hen. VIH, 3 Stat, of the Realm, 
 p. 681. The next chapter (26) is "An 
 act concerning assurance of a messuage 
 
 and certain land in Kew unto Sir Ed- 
 ward Seymour, Knt. Viscount Beau- 
 champ, and to the Lady Anne, his wife." 
 Id., p. 683. 
 
 ^ Id., p. 695 to 697. 
 
 §66 Reciting the King's grant by patent 
 dated at Westminster the 3d day of 
 June, in 28 Hen; VIH, " unto his most 
 dear and entirely beloved wife. Queen 
 Jane, and in consideration of the pure, 
 sincere and undoubted marriage had 
 and solemnized between his Grace and 
 the said Queen Jane, and for satisfaction 
 of such dower and jointure as she may 
 claim by reason of the same;" and his 
 grant by other letters patent dated June 
 I, in 28. Hen. VIII, " unto his said most 
 dear and entirely beloved wife, Queen 
 Jane." Id., pp. 704, 705. 
 
 56' Buchanan's Scotland, translated by 
 Aikman, edi. 1824, vol. 2, p. 315; 
 I Granger's Biogr. Hist., edi. 3 (1779), 
 p. 83. There are different statements as 
 to the time of the marriage — and the time 
 of the death — of Magdalene. Encyclop. 
 Am., tit. James V. 
 
CH. XXX.] 1509 TO 1546-7. 1027 
 
 ing to James Learmont; thence she proceeded by land to St. 
 Andrews, where in presence of a great number of the nobihty, she 
 was married to the King."^°* 
 
 -20. In Ccto. 1^37, birth of Prince Edward; and death of his mother. 
 Queen Jane. In iSjS, the whole Bible printed in English. The 
 King's address of April 8 {29 Hen. VIII), to 'the Emperor. 
 Christian princes and all true Christian m.en.' Language 
 thereof contrasted with Henry's course as to transubstantiation, 
 and the ex-chancellor, Thomas A. Becket. 
 
 In 1537, "at my Lord's manor of Hampton court, the xiith day of 
 October," was sent forth a letter announcing the queen's being " dehv- 
 €red and brought in childbed of a Prince." ^^ On the ensuing Monday 
 night Prince Edward was baptized ; on the twelfth day after his birth 
 his mother died 'in childbed'; she (Queen Jane) being the first 
 spouse whom Hen. VIII owned at her death as his wife. The vari- 
 ous devout services which were performed daily for near a month 
 before the day of the funeral, as well as on that day, were after the 
 order of the Romish ritual; the Princess Mary officiated as chief 
 mourner. On Nov. 1 2 the funeral procession was from Hampton to 
 Windsor; there Queen Jane was interred in St. George's chapel."" 
 
 '68 Buchanan's Scotland (by Aikman), tuouse lady, consyder what he hath 
 edi. 1824, vol. 2, p. 317. In 1539 "the gyffen your Hyghness again to your 
 Queen bore a son at St. Andrews, and comforte and to the rejoyse of all us 
 the next year another ^at the same place." ypur subgiettes, our most noble Prince, 
 Id. These two sons died almost at the to whom God hath ordenyd your Ma- 
 same moment, the one at St. Andrews, jesti not cnly to be fadyr but also as the 
 and the other at Sterling. Under what tyme now requireth to supply the 
 circumstances James received intelli- rowme off a modyr also." Sir H. 
 gence of their death is stated in Id., Ellis's 3d series of Orig. Let., vol. 3, 
 p. 3^1 • p. 146 to 151. . Perhaps Henry tried 
 Sfis Lodge's Portr., vol. I, No. 9. 'not only to be fadyr', but 'to supply 
 ™/d.; 2 Turner's Hen. VIH, edi. the rowme of a modyr also.' For after- 
 1827, pp. 476, 477; Miss Strickland's wards Richard Crumwel wrote from 
 Queens of Engl., vol. 4, p. 224 to 230; Roydon, " His Grace went to the Prince 
 3 Fronde's Engl., ch. 14, p. 241 to 244. and there hath so laiyd all this day with 
 JFrom the city of York, Nov. 12, Cuth- much myrth and joye daleyng with him 
 bert Tunstal, Bishop of Durham, wrote in his armes a long space, and so hold- 
 to the King a letter of consolation ; tell- ing hym in a wyndow to the sight and 
 ing him ' when Almighty Gjd hath great compfort of all the people." Id., 
 taken from your Grace to your grete p. 209 to 2 1 1 . 1 
 •discomforte a most bleseyed and ver- 
 
1028 Reign of Henry VIII [tit. vit 
 
 From the "palace at Westminster, the 8th of April," in 29 Hen. 
 VIII was issued Henry's address to "the Emperor, Christian Princes 
 and all true Christian men " ; assigning reasons why in the council at 
 Uincence, he will neither be present nor ' truste any proctour with our 
 cause ' ; and saying — 
 
 " There is almost nothing, that may do more hurt to the christian 
 commonwealth, to Ithe faith, to our religion, than general councils, if 
 they be abused to lucre, to gains, to the establishment of errors. 
 They be called general, and even by their name do admonish us that 
 all christian men which do dissent in any opinion may, in them, 
 openly, frankly and without fear of punishment or displeasure, say 
 their mind. For since such things, as are decreed in general coun- 
 cils, touch equally all men that give assent thereunto, it is meet that 
 every man may boldly say there that he thinketh." — " It ought not 
 to be called a general council, where only those men are heard 
 which are determined forever, in all points to defend the popish part, 
 and to arm themselves to fight in the bishop of Rome's quarrel,, 
 though it were against God and his scriptures." "' 
 
 Such language is remarkable. For in England, in 1537,, and for 
 some years afterwards, persons who departed (however conscien- 
 tiously) from the Catholic doctrine of transubstantiation, or were 
 guilty, in some other respect, of what was deemed heresy, were, 
 under Henry's authority, punished with torture —rm.de to suffer 
 death by the application o{ fire in an excruciating manner."'* 
 
 "The case of Lambert may be selected as a specimen of the 
 numerous deaths inflicted on those who disbelieved more articles of 
 the Roman Catholic faith than the king. He is called by Cromwell 
 .' a sacramentary ' ; one who held the Lord's supper to be only a pious 
 rite appointed to commemorate the death of Christ. 'The king's 
 majesty,' says Cromwell, ' for the reverence of the holy sacrament, 
 did sit and preside at the disputation process of the miserable heretic, 
 who was burned on the 20th November (1537). It was a wond^ to 
 see with how excellent majesty his highness executed the office of 
 supreme head; — how benignly he essayed to convert the miserable 
 man; how strong his highness alleged against him."^" 
 
 5" I Harl. Miscel., edi. 1808, p. 226 ^^ 2 Mackintosh's Engl., Phila. edi. 
 
 to 231. 1831, p. 187. Henry said: Answer 
 
 ^'^ Sir H. Ellis's 3d series of Orig. " as touching the sacrament of the altar, 
 
 Let., vol. 3, pp. 202, 203, and p. 207 ; is it the body of Christ or no ?" The 
 
 7 CoUyer's Engl., p. 5 to 54; 3 Hume's prisoner said: "I answer with St. Au- 
 
 Engl., ch. 32, p. 250 to 254; 6 Lin- gustine," "it is the body of Christ after 
 
 gard's Engl., ch. 4, p. 280 to 283. a certain manner."— " Answer me not 
 
CH. XXX.] 
 
 1509 TO 1546-7. 
 
 1029 
 
 It is stated that in 1538, "the wAo/e Bible was first printed in 
 English with marginal notes.""* Nevertheless Henry VIII — "on 
 whom pope Leo had conferred the title of ' defender of the faith,' 
 before the English parliament made him " Supreme head upon earth 
 of the Church of England" — continued to do much that was unrea- 
 sonable and absurd. The ex-chancellor Thomas A. JBecket having 
 in 1538, been dead more than three hundred years, some of the steps 
 "stated to have been taken as to him by Henry VIII, seem, at the 
 present day, exceedingly ridiculous.^" 
 
 ■21. Of Cardinal Pole and his connection with persons executed in 
 and after 1539 ; especially of Sir Nicholas Carew. Statutes of 
 Parliament in 31 Hen. VIII {i^jg). Especially of ch. i, as to 
 partition between "joint tenants and tenafits in common"; and 
 chapters 6, 8 and 14. 
 
 Of Reginald Pole^'° Mr. Turner has written a chapter, wherein it 
 IS said : 
 
 "In 1539, his relations were arraigned and executed On a charge of 
 high treason, for conspiring to promote and advance him, and to 
 -depose Henry.""' 
 
 out of St. Augustine," said the King; 
 " tell me plainly whether it be ? — " Then 
 I say it is not" was the answer of Lam- 
 bert. 3 Froude's Engl., ch. 15, pp. 314, 
 315 ; Id.,ch. 17, p. 473. 
 
 ^'* " Some of which were omitted on 
 its reprint in 1 540. 2 Turner's Hen. 
 VIII, edi. 1827 ; citing Strype Eccl. 
 Mem. 1, pp. 472-3. On a subsequent 
 page Mr. Turner says of Henry VIII, 
 "It was in 1539 that he gave the first 
 permission by his letters patent to Crom- 
 well." 2 Turner's Hen. VIII, edi. 1827, 
 p. 538. That patent is mentioned posi 
 in § 23. There was a prohibition 
 against an English edition of the Scrip- 
 tures except by persons deputed by 
 Cromwell. 
 
 *'5 7 Coll. Engl., p. 46. In this reign 
 Becket " was cited to appear in court, 
 and tried and condemned as a traitor." 
 I Granger's Biogr. Hist., edi. 3d (1779), 
 p. 44. Mr. Hume says Henry " not 
 
 only pillaged the rich shrine dedicated 
 to St. Thomas ; he made the Saint him- 
 self be cited to appear in court, and be 
 tried and condemned as a traitor : he 
 ordered his name to be struck out of the 
 calendar ; the office for his festival to be 
 expunged from all breviaries ; his bones 
 to be burned, and the ashes to be thrown 
 in the air." 3 Hume's Engl., ch. 31, 
 p. 244 of N. Y. edi. 1851 ; 6 Lingard's 
 Engl., ch. 4, p. 275 to 277 ; 3 Froude's 
 Engl., ch. 15, p. 277 to 279. 
 
 676 <( ^ younger son of Sir Richard 
 Pole by Margaret, Countess of Salisbury, 
 daughter of George, Duke of Clarence, 
 brother to Edward IV." I Granger's 
 Biogr. Hist., edi. 3 (1779), p. 157; 
 Cunningham's Lives of Eminent Eng- 
 lishmen, edi. 1838, vol. 2, p. 75. 
 
 6" 2 Turner's Hen. VIII, edi. 1827, 
 ch. 28, p. 421. On Dec. 22, 1539, he 
 was " with eleven others invested with" 
 the " scarlet hat." Id., p. 423. 
 
1030 Reign of Henry VIII [tit. vn 
 
 In a subsequent chapter (ch. 30) Mr. Turner says : 
 
 "On the third of November, 1538, the marquis of Exeter and 
 Lord Montague, who was the brother of Cardinal Pole, were sud- 
 denly arrested, and sent to the Tower. The next day Sir Edward 
 Neville was added; and in a few days more, the countess Margaret, 
 the aged mother of the Poles, was also in custody. They were 
 apprehended on the unexpected discovery and accusation, from his 
 remorse on his attempted suicide, of Sir Geoffrey Pole, son and 
 brother of two of those whom he arraigned." — "On 31st of Decem- 
 ber the peers were found guilty. Three days after, Neville, with two' 
 priests and a mariner and Sir Geoffrey, were tried and convicted • 
 and on 9th January, 1539, all but the last were executed. The aged 
 Margaret, mother of the Poles, and the last of the Plantagenets, was 
 attainted four months afterwards ; but the final punishment was sus- 
 pended for above two years." "" 
 
 "The marquis was the king's cousin german by his mother, being 
 the son of Edward the Fourth's daughter, Katharine." — "Sir Nicho- 
 las Carew, the king's master of the horse, being found a counsellor 
 of the marquis on the subject, was convicted, and suffered on 3d 
 March." 
 
 So, Secretary Wriothesley wrote to Sir Thomas Wyatt, ambassador 
 in Spain.™ But Fuller tells differently of this "jolly gentleman" — 
 this Sir Nicholas, who " built the fair house (or palace rather) at Bed- 
 dington,**" in" Surrey "county, which by the advantage of the water 
 is a paradise of pleasure." 
 
 "Tradition in this family reporteth, how king Henry, then at 
 bowls, gave this knight opprobrious language, betwixt jest and 
 earnest ; to which the other returned an answer rather true than dis- 
 creet, as more consulting therein his own animosity than allegiance. 
 The king, who in this kind would give and not take, being no good 
 fellow in tart repartees, was so highly offended thereat, that Sir Nich- 
 olas fell from the top of his favour to the bottom of his displeasure, 
 and was bruised to death thereby. This was the true cause of his 
 execution, though in our chronicles all is scored on his complying in 
 a plot with Henry, marquis of Exeter, and Henry, lord Monta- 
 gue." ^'■ 
 
 s™/,/., p. 482. "She" (Margaret) 679 2 Turner's Hen. VIII, edi. 1827,. 
 
 " was attainted by Parliament with the p. 484, note 72. 
 
 marchioness of Exter on 28th April, ^'' From Croydon 2, from Sutton 3, 
 
 1539, but was not beheaded till 27th from Ewell 6, and from London 11 
 
 May, 1541." Jd., p. 484, note 73; miles. 
 
 2 Mackintosh's Engl., Phila. edi. 1831, ^^3 Fuller's Worthies, edi. 1840,. 
 
 p. 192. pp. 234, 235. 
 
CH. XXX.] 1509 TO 1546-7. 1031 
 
 Of this gentleman who had been "fit for the favour of king Henry 
 the Eighth," there is a fine engraving^'" from the original of Hol- 
 bein in the collection of the Duke of Buccleugh.*^^ 
 
 Statutes of the Parliament begun at Westminster on April 28, in 
 31 Hen. Vni,^*' embrace fourteen chapters; whereof the first is "an 
 act for joint tenants and tenants in common" : 
 
 " That all joint tenants and tenants in common that now be or 
 hereafter shall be of any estate or estates of inheritance, in their 
 own right or in the right of their wives, of any manors, lands, tene- 
 mei.ts or hereditaments, within this realm of England, Wales or the 
 Marches of the same, shall and may be coacted and compelled by 
 virtue of this present act, to make partition between them of all such 
 manors, lands, tenements and hereditaments as they now hold or 
 hereafter shall hold as joint tenants or tenants in common by writ 
 de (pticoe) faciend., in that case to be devised in the King our 
 Sovereign Lord's court of chancery, in like manner and form as 
 coparceners by the common laws of this realm have been and are 
 compellable to do : and the same writ to be pursued at the common 
 law."^° 
 
 Of ch. 6, Lord Coke observes that the words "are very well 
 penned against the avarice of corrupt patrons." 
 
 " It was resolved per totam. curiam that if any should receive or 
 take money, fee, reward, or other profit for any presentation to a 
 benefice with cure, although in truth he which is presented be not 
 knowing of it, yet the presentation, admission and induction are void 
 per expressa verbi statuii of 31 Hen. VIII, ch. 6;" — "for the statute 
 intends to inflict punishment upon the patron, as upon the author of 
 this corruption, by the loss of his presentation, and upon the incum- 
 bent, who came in by such a corrupt patron, by the loss of his in- 
 cumbency, although that he never knew of it."^* 
 
 ^2 In Lodge's Portr., vol. I, No. 10. .such partition made, shall and may have 
 
 ^^ Sir Nicholas was buried in the aid of the other, or of their heirs, to the 
 church of St. Botolph, Aldgate, in the intent to deraign the warranty paramount, 
 family vault of the Lords Darcy of the and to recover for the rate as is used be- 
 North." Id. \ tween co-parceners after partition made 
 
 ^^3 Stat, of the Realm, p. 717 10743. by the order of the common law." Ibid. 
 
 ***3 /aT., p. 718; I ' Statutes Revised,' *^8 Jac. I. Hutchinson's case, 12 
 
 edi. 1870, p. 474. In 2 2 is a proviso. Rep. loi ; 1824, Fox v. Bishop of Ches- 
 
 " that every of the said joint tenants, or ter, 2 Barn, and Cress. 635, 4 Dow. and 
 
 tenants in common and their heirs, after Ry. 93, 9 Eng.' C. L. 
 
1032 
 
 Reign of Henry VIII 
 
 [tit. vti 
 
 Upon ch. 8— "an act that proclamation made by the King should 
 be obeyed" °^' — Sir James Mackintosh observes : 
 
 "The submissive parliament passed an act, ' that proclamations by 
 the king- in council should be obeyed as though they were made by 
 act of parliament, under such pains as such proclamations shall 
 appoint ; providing, however, that the punishment shall not extend 
 to death or forfeiture, except in case of heresy ; and that the jjrocla- 
 mation snail not have the power of repealing laws, or of abolishing 
 the ancient usages of the realm. Offenders were to be tried in the 
 court of Star-chamber ; and if they took refuge from its mercy in a 
 foreign land were declared to be guilty of high treason." — " The pre- 
 text of heresy furnished the ready means uf crushing any oppo- 
 nent." *«' 
 
 Among the acts of the same session are 
 
 Ch. ID. 
 Ch. 13. 
 Ch. 14. 
 
 ' An act for the placing of the Lords in the Parliament.' 
 
 'An act for dissolution of abbeys." "'"' 
 
 'An act abolishiJig diversity of opinions "'^'^^ 
 
 The last chapter (ch. 14) became nicknamed ' The Bloody act of 
 Six Articles.' ^*' Mr. Turner says : 
 
 581 3 Stat, of the Realm, p. 726 to 728. 
 ^8*2 Mackintosh's Engl., Phila. edi. 
 1831, pp. 199, 200. 
 
 589 3 Stat, of the Realm, p. 729. After 
 reciting that "the King's Majesty is 
 justly and lawfully Supreme head on 
 earth, under God, of the church of Eng- 
 land, and for the good exercise of the 
 said most royal dignity and office hath 
 made Thomas lord Crumwell and Lord 
 Privy Seal his vice-gerent for good and 
 true ministration of justice to be had in 
 all causes and cases touching the eccle 
 siastical jurisdiction and for the godly 
 reformation and redress of all errors, 
 heresies and abuses in the said church," 
 Section 2 enacts that said Lord Crum- 
 well, having said office and all other 
 persons which hereafter shall have said 
 office shall sit and be placed in Par- 
 liament " on the right side of the 
 Parliament Chamber and upon the same 
 from that the Archbishop of Canterbury 
 sitteth on, and above the same Archbishop 
 and his successors; and shall have voice 
 in every Parliament to assent or dissent 
 as other of the Lords of the Parliament." 
 Id. 
 
 § 4. " That the Lord Chancellor, the 
 
 Lord Treasurer, the Lord President of 
 the King's council and the Lord Privy 
 Seal, being of the degree of barons of 
 the Parliament, or above" shall sit and 
 be placed in Parliament " on the left 
 side of the said Parliament Chamber on 
 the higher part of the form of the same 
 side, above all Dukes, except only 
 such as shall happen to be the King's 
 son, the King's brother, the King's 
 uncle, the King's. nephew, or the King's 
 brothers' or sisters' sons." Id. 
 
 \ 6. "That the King's Chief Secre- 
 tary, being of the degree of a baron of 
 the Parliament, shall sit and be placed 
 afore and above all baronies, not having 
 any of the offices afore-mentioned. And 
 if he be a bishop, that then he shall sit 
 and be placed above all other bishops 
 not having any of the offices above 
 remembered." Id. This act is (with 
 ch. I) in I 'Statutes Revised,' edi. 1870, 
 p. 474 to 477; and is remarked on in 
 2 Mackintosh's Engl., Phila. edi. 1831, 
 p. 176. 
 
 ^sojii., p. 733 to 739. 
 591 /ci„ p. 739 to 743. 
 692 2 Turner's Hen. VIII, edi. 1S27, 
 p. 486, note 80. It is stated that 'Cran- 
 
■CH. XXX.] 1509 TO 1546-7. 1033 
 
 "No man of principle will attempt to vindicate Henry from the 
 indignant censure of all who can feel and judge, for the act of the six 
 -articles, appointing those who denied the real presence to be burnt, 
 and all to be hanged who urged five other opinions."' ^^' 
 
 Sir James Mackintosh says : 
 
 " By this act, whoever preaches against the natural body of Jesus 
 Christ being present in the sacrament, or that there remaineth any 
 substance of bread and wine in it, is declared and adjudged a heretic, 
 and shall suffer the pains of death by burning. The fluctuating doc- 
 trine of Henry is extended by the second enactment of this clause, 
 which includes for the first time the Lutheran doctrine of consub- 
 stantation."^'* 
 
 Since this enactment more than three hundred and forty years have 
 passed ; but ' diversity in opinions' is not yet abolished : the result of 
 this experiment in 31 Hen. VHI seem^ consistent with the conclu- 
 -sion that such kings and legislators as are visible on earth in mortal 
 bodies are not omnipotent. 
 
 22. The King, after contracting to marry Anne of Cleves, was 
 disappointed 07i seeing her; but married her Jan. 6, IS40. 
 
 After Queen Jane's death a new marriage was thought of by or for 
 the King.^*^ Marie, duchess dowager of Longueville and daughter 
 of the duke of Guise, is said to have declined his offer ; on the loth 
 of January, 1538, she married Henry's nephew, James, the Fifth of 
 
 mer for three days together in the open for the marriage of priests, or against the 
 
 assembly opposed these articles boldly." observance of vows of chastity, or the 
 
 Id., p. 487, note 81. This is creditable propriety of private masses, or the fitness 
 
 to bim. of auricular confession ; all priests who 
 
 ^^ Id., p. 486. "On the six articles shall marry, after having advisedly made 
 he argued personally against six of his vows of chastity, shall suffer the pains of 
 bishops for transubstaitiation; for the death as felons; and all those who main- 
 sacrament in one kind ; for auricular tain the same errors in any other manner 
 confession and against the marriage of may be imprisoned during the king's 
 priests ; and he disapproved of Latimer's pleasure." 2 Mackintosh's Engl., Phila. 
 arguments against purgatory." /</., pp. edi. 1831, p. 187. " Cranmer was com- 
 -537> 538- pelled by the terrors of this statute to 
 
 ^'*"Thus marking the least deviation send his wife secretly to Germany." 
 
 from the orthodox doctrine on this point Id., p. 188. 
 
 as criminal in the highest degree. All ^'° 7 Coll. Engl., pp. 54, ^5 ; 3 Hume's 
 
 those who preach the necessity of the Engl., ch. 32, p. 258 to 261. 
 •communion in both kinds to laymen, or 
 
1034 Reign of Henry VIII [tit. vir 
 
 Scotland.^'' Henry was a widower more than two years ; for which 
 different reasons are assigned.*" Cromwell's commendation and 
 Holbein's pencil made such impression in favour of Anne of Cleves 
 that a contract for marriage with her was signed at Dusseldorf Sep- 
 tember 4, 1539. Upon her coming to England, Henry saw her at 
 Rochester (Jan. 2), was "in bitter disappointment," and "considered 
 himself an injured man." However, not seeing ' other remedy,' he 
 'against' his will, put his 'neck into the yoke': the marriage was at 
 Greenwich Jan. 6, 1540; the new queen was conducted to the palace 
 of Westminster Feb. 4.^^ 
 
 2j. As to the statement in Green's Hist, of Engl. Peop. {book 5, ch. 4, 
 vol. 2, p. iSp), of Thomas Cromwell being 'successor to Wolsey as 
 keeper of the Great Seal.' This, a mistake. In July, 1536, 
 Cromwell resig7ied the office of Master of the Rolls for that of 
 kee'icr of the Privy Seal; and was made Baron Crom/well, 
 Vicar- General and vice-gerent. Of his preferments, powet, 
 patronage and correspondence. Among the letters to Cromwell 
 are some from, his son Gregory ; whereof one is from Calais, 
 Dec. g, IS39, when Anne of Cleves was expected there. The 
 King's m.arriage with her was bad for Cromwell. After his 
 high offices ajid dignities, there was in June, 1540, a great 
 change. 
 
 Mr. Green uses this language: 
 
 " It was in fact this system of Catholicism itself that trained men 
 to look without surprise on the concentration of all spiritual and 
 secular authority iyi Cromwell. Successor to Wolsey as keeper of 
 the Great Seal, it seemed natural enough that Cromwell should 
 
 ^^ 6 Lingard's Engl., ch. 5, p. 329. tification by assuming the airs of a dis- 
 
 ^^'^ Id,, ch. 4, pp. 297, 298. Miss consolate widower." Queens of Engl., 
 
 Strickland says : " As it was univer- vol. 4, p. 237. A different view is taken 
 
 sally reported that his three queens had in 3 Froude's Engl., ch. 14, pp. 247, 248, 
 
 all come by their deaths unfairly, ch. 15, p. 280. 
 
 Katharine of Arragon by poison, Anne *'*2 Turner's Hen. VIII, edi. 1827,. 
 
 Boleyn by the axe, and Jane Seymour p. 489 to 493 ; 2 Mackintosh's Engl., 
 
 for want of proper care in childbed, he Phila. edi. 1831, p. 188; 5 Lingard's 
 
 found himself so greatly at discount Engl., ch. 4, p. 298 to 300; Miss Strick- 
 
 among such princesses, as he deemed land's Queens of England, vol. 4, p. 244 
 
 worthy of the honors of his hand, that to 258 ; 3 Froude's Engl., ch. 17, p. 402,. 
 
 despairing of entering a fourth time into p. 422, and p. 426. 
 the wedded state, he concealed his mor- 
 
CH. XXX. J 1509 TO 1546-7. 1035- 
 
 succeed him also as Vicar-General of the Church, and that the union 
 of the two powers should be restored in the hands of a minister of 
 the King."5»» 
 
 In the present chapter it may be seen (in § 9, p. 974, ei seq.,) that 
 Cromwell was not "successor to Wolsey as Keeper of the Great 
 Seal." The office of Master of the Rolls to which, as stated in § 12, 
 pp. 987, 988, he was appointed Octo. 8, 1534, was held by him some- 
 what less than two years; he resigned it July 2, i536j_for that of keeper 
 of the privy seal {RyvaQr xiv, 571); was on the 9th of that month 
 raised to the peerage by the title of Baron Cromwell of Okeham, in 
 the county of Rutland; and in ecclesiastical matters became on the 
 i8th of the same month the king's representative, with the title of 
 vicar-general and vice-gerent ; and sat in synods and convocations 
 above the whole prelacy of the kingdom.*™ Cromwell " had been 
 noted in the exercise of his places of judicature to have used much 
 moderation";"" but he was never 'Keeper of the Great Seal' or 
 Chancellor of England. 
 
 Though not in holy orders, he was presented in 1536 with the 
 prebend of Blewbury, in the church of Salisbury, and in the next 
 year with the deanery of Wells — preferments which he held till his 
 death.™^ Great was his power and patronage ; and many were the 
 letters from and to him ; ""^ especially after he was keeper of the 
 Privy Seal and Vicar- General.^"* The letters just referred to, pre- 
 cede (in the order of printing), one mentioning the death of Henry 
 Percy, earl of Northumberland ; probably most of them were written 
 
 ^''Hist. of Engl. Peop., book 5,ch. 4, printer, brother-in-law of Sir Thomas 
 
 vol. 2, edi. 1879, pp. 159, 160. More, was the letter in Id., p. 308 to 312. 
 
 ^i" Toss's Biogr. Jurid. From Richard, abbot of Leicester, was 
 
 «" I State Tr., 439; 3 Seward's Anec- the letter (with /40) in Id., p. 313 ; and 
 
 dotes, p. IQ2. the le"er, pp. 319, 320. From John, 
 
 ™^ Foss's Biogr. Jurid. abbot of Leicester, were the letters in 
 
 •"s Sir H. Ellis's Orig. Let., 3d series, Id., p. 320 to 324; from Thomas, abbot 
 
 vol. 2, p. 107 to 116, p. 138 to 144, of Michelne)rin /af., p. 334. Other let- 
 
 PP- 15s. 156, P- 159 to 167, p. 171, 172, ters to Cromwell are in Id., p. 335 to 
 
 pp. 177, 178, p. 181 to 188, p. 194 to 199, 372. p. 378 to 382, vol. 3, p. I to 19, 
 
 p. 204 to 226, p. 231 to 243, p. 249 to p. 21 to 23, p. 27 to 42, p. 44 to 52,. 
 
 273. p. 276 to 289, p. 29S to 307. p. 60 to 74. 
 
 «"From John Rastall, lawyer and 
 
1036 Reign of Henry VIII [tit. vii 
 
 before that earl's death, which was on June 20, issy.*^ I" this year 
 a letter addressed to Cromwell as " Chancellor of the ecclesiastical 
 power and jurisdiction of England,"™" is followed by an account of a 
 meeting in the same year of the conclave which Cromwell held as 
 Vicar- General.*" To him is attributed the useful introduction into 
 ■each parish of a register of births, ma-rriages and deaths ; and to him 
 was granted a patent prohibiting all persons from printing an Eng- 
 lish edition of the_ Holy Scriptures except those who were deputed 
 by him. For years he suited the King's purposes in many respects. 
 He was rewarded with magnificent grants of manors and lands 
 which had belonged to the dissolved houses ; and additional dignities 
 were conferred upon him, one of which was the office of chief justice 
 of the /ores ts beyond the Trent."™ 
 
 Among the letters from or to Lord Cromwell after June 20, 1537,™* 
 are some from his nephew, Richard Cromwell,""" and his son Greg- 
 ory, who when young,"" married Elizabeth, sister of Queen Jane 
 Seymour. To Lord Cromwell and his heirs there was a grant Feb. 
 I5> 1538, of the site and possessions of the Priory of St. Pancras, 
 Lewes,""' which were of considerable extent. In the Priory House 
 
 ™^ Sir H. Ellis's 3d series of Orig. of John Bale," and soliciting his release 
 
 Let., vol. 3, p. 75 to 77. from imprisonment. A few years later 
 
 ™*/(/., p. 195. (Ipswich, 1549,) was published Bale's 
 
 ®" From a curious little volume, sup- work on the illustrious writers of Great 
 
 posed to have been printed in 1542, Britain. Of him there is further infor- 
 
 entitled ' of the auctorite of the word ot mation in I Harl. Miscel., p. 328 to 364, 
 
 God agaiynst the Bisshop of London' and 3 Fuller's 'Worthies, pp. 169, 170. 
 
 by Alexander Alane Scot. The "ac- ™Sept. 5, 1537. Id., pp. 104, 105. 
 
 count of one of the meetings of con- A later letter is in Id., p. 209 to 211. 
 
 clave" which Sir Henry Ellis has ex- *'^ Supposed to have been born not 
 
 tracted from it, is thought by him to be earlier than 1520. For his infant train- 
 
 " probably the only picture of those ing he was under the care of the Prioress 
 
 meetings preserved." Id., p. 196. of Little Marlow in Buckinghamshire. 
 
 ™^ Foss's Biogr. Jurid. In Sir H. Ellis's third series of Orig. Let., 
 
 ™ In Sir H. Ellis's 3d series of Orig. vol. I, p. 338 to 340, are letters to his 
 
 Let., vol. 3, p. 78 to 105, p. 106 to 134, father from Gregory when a school-boy; 
 
 p. 138 to 146, p. 151, et seq: P. 151 to and p. 341 to 345, letters from Henry 
 
 154 is a letter from "John Bale," " com- Dowes, his preceptor, about 1533 or 
 
 plaining of his sufferings and imprison- 1534, with details of Gregory's ad- 
 
 rnent for preaching against popery;" vances in education, 
 
 pp. 154, 155, a letter from John Ley- ^" (In Sussex county.) Distant 50 
 
 land, the antiquary, giving " a character miles from London and 8 from Brighton. 
 
CH. XXX.] 1509 TO 1546-7. 1037 
 
 Gregory was by his father allowed to reside after his marriage. Par- 
 ticulars of his arrival at Lewes and of the reception of him and his 
 wife by their -neighbours, are given in a letter of April 11."'' There 
 are subsequent letters from the young husband.*" From Calais^ 
 Dec. 9, 1539, he wrote to his "right loving bed-fellow, at Ledes 
 Casde in Kent," telling her of his being "in health, trusting shortly 
 to hear from you like news, as well of your self as also my little 
 boys, of whose increase and towardness be ye assured I am not a 
 little desirous to be advertised." The letter gives information as to 
 the time at which Ann of Cleves was expected at Calais, and the 
 arrangements for her reception there and passage into England."^^ 
 
 The King was better satisfied with what Cromwell did formerly 
 towards the elevation of Jane Seymour than with Cromwell's recom- 
 mendation of Anne of Cleves. Although Cromwell was created, 
 April 17, 1540, Earl of Essex, and this was followed by his admission 
 into the order of the Garter and his appointment to the office of 
 lord high chamberlain of England, yet in June there was a great 
 change.^" 
 
 24. In June, 1540, of Anne of Cleves, Katharine Howard and 
 Thomas Cromwell. Against this ex-master of the Rolls there- 
 was a bill of attainder ; he was beheaded July 28 without due 
 process of law. Christopher Hales, who succeeded Cromwell' 
 ai Master of the Rolls, retained the place until his death in 
 June, 1541. 
 
 " That beauty and attraction which should take the King's eye in 
 Ann of Cleves not appearing," to him; nor that conversation which 
 should please his ear;"' and her brother besides excusing himself 
 in the performance of some articles of the treaty, he" determined 
 "to separate himself from her; and listened to accusations against 
 Cromwell." 
 
 ^I'Sir H. Ellis's 3d series of Orig. ™ i State Tr., pp. 433, 434. "Henry 
 
 Let., vol. 3, p. 192 to 194. had been used to the society of women 
 
 ^* One of June 29 is in Id., pp. 208, of superior intellect and polished man- 
 
 209. ners. Such had been Katharine of Ar- 
 
 "*/d., p. 251 to 254. P. 258 to 264 ragon; such Anne Boleyn; and Jane 
 
 is a letter to Gregory from his old pre- Seymour, if she lacked the mental dig- 
 
 ceptor. nity of the first, or the genius and wit of 
 
 616 Foss's Biogr. Jurid. the second, made up for both in the- 
 
1038 Reign of Henry VIII [tit. vii 
 
 Judging from stories of Cromwell which lingered among his friends, 
 Mr. Green supposes, 
 
 " He was a generous, kindly-hearted man, with pleasant and win- 
 ning manners, which atoned for a certain awkwardness of person ; 
 and with a constancy of friendship which won for him a host of 
 devoted adherents.""'* 
 
 Cromwell's head, of which there is an engraving from the original 
 of Holbein,"' was soon to be taken*'" in a sense different from that in 
 which Holbein took it. In June, 1540, there was talk of the King's 
 affection for Katharine Howard, niece of the Duke of Norfolk; 
 Anne of Cleves was sent to Richmond; and Cromwell was arrested 
 at the council table."^' 
 
 The statement that Cranmer, "in a very earnest and persuasive 
 letter, endeavoured to obtain from the king the preservation of Crom- 
 well's life," is accompanied by the observation that "the archbishop, 
 like Atticus, never forsook his friends in their distress ; but like that 
 famous Roman he too often bent the knee to their oppressors." '^^ It 
 may be that in the time of Cromwell's distress the archbishop's per- 
 suasions on his behalf were without benefit to him, because of what 
 was found among his papers ;"'" and because of what Cromwell had 
 done as to bills of attainder against others."^* 
 
 It was about a month before his own arrelt that Cromwell asked 
 the judges 'whether the parliament had a power to condemn persons 
 
 insinuating softness, which was, no gard's Engl., ch. 4, p. 303 to 308; 
 
 doubt, the true secret of hpr influence 2 Mackintosh's Engl., Phila. edi. 1831, 
 
 over Henry's mind." Miss Strickland's pp. 189, 190; Miss Strickland's Queens 
 
 Queens of Engl., vol. 4, p. 256. of Engl., vol. 4, p. 260; 3 Froude's 
 
 *'' Short Hist., ch. 6, p. 530; Hist, of Engl., ch. 17, p. 450, et seq. 
 Engl. Peop., book 5, ch. 4, vol. 2, edi. ^^^2 Mackintosh's Engl., Phila. edi. 
 
 1876, p. 166. 1831, p. 190. 
 
 ''^In the collection of Sir Thomas ^^* It is said of Cromwell, that " among 
 
 Constable, Bar't, i Lodge's Portr., vol. his papers had been found" " Clandes- 
 
 I, No. II. tine correspondence with the princes of 
 
 ^'"From Cromwell there had been Germany." 6 Lingard's Engl., ch. 4, 
 
 defence of Henry's tyranny. 2 Froude's pp. 302, 303, and p. 308. 
 Engl., ch. 9, p. 382 to 385. Of it he 6" Green's Short Hist., ch. 6, § 6, 
 
 was soon to be a victim. P- 35°; Hist, of Engl. Peop., book 5, 
 
 ^"7 Coll. Engl. p. 56 to 59; 3 Hume's ch. 4, vol. 2, edi. 1879, pp. 165, 166. 
 Engl., ch. 32, p. 263 to p. 265; 6 Lin- 
 
CH. XXX.] 1509 TO 1546-7. 1039 
 
 accused without a hearing ' ; and they rephed, ' That it was a nice 
 andldangerous question, for law and equity required that no one 
 should be condemned unheard ; but the parliament being the highest 
 court of the realm, its decision could not be disputed.' On this 
 reply a bill of attainder was (on Cromwell's imprudent and improper 
 suggestion) enacted against the Countess of Salisbury and the Mar- 
 chioness of Exeter.''^* Now this weapon of despotism was intro-* 
 duced against him. But neither against them nor against him could 
 it well be used unless each house of parliament passed the bill ; nor 
 then unless it was the King's will that it should have effect. Observ- 
 ing that " the condemnation of a man unheard is a case in which the 
 strongest presumptions against the prosecution are warranted," Sir 
 James Mackintosh says : 
 
 " We do not know the witnesses who gave testimony ; as we do 
 not even know whether there were any examined ; and indeed know 
 nothing but that he was not heard in his own defence." ""* 
 
 Dr. Lingard supposes that the bill of attainder against Cromwell 
 "passed through the House of Lords, and probably through the 
 House of Commons, without a dissentient voice." "" But as to the 
 bill the two Houses differed ;'"'' and there is an absence of proper 
 evidence that the same bill did pass through each house and become 
 an act of parliament; for "the act is not printed in the statute book." 
 This is admitted by Mr. Froude in so many words. Nor is the force 
 of such admission destroyed by his saying " it is in very good con- 
 dition on the parliament roll " ; and " Burnet has placed it among his 
 Collectanea."*^ Under the royal commission of May 23, 1806, the 
 commissioners proceeded to carry into effect so much of the meas- 
 ures recommended by the Commons " as related to the preparing 
 and printing a complete and authentic collection of the statutes of 
 the realm ";*^° in that 'complete and authentic collection of the 
 
 625 6 Lingard's Engl., ch. 4, pp. 289, «" 6 Lingard's Engl., ch. 4, p. 304. 
 
 290; Miss Strickland's Queens of Engl., ' «28 Lodge's Portr., vol. i, No. 11. 
 
 vol. 4, pp. 259, 260., *^' 3 Froude's Engl., ch. 17, p. 452. 
 
 «26 2 Mackintosh's Engl., Phila. edi. <»» i Stat, of the Realm, p. xvii. 
 1831, p. 190. 
 
1040 Reign of Henry VIII [tit. vir 
 
 statutes" there is no statute for or concerning the attainder of 
 Thomas Cromwell. The objection that one who should have been 
 tried by due process of law (2 Inst., 50), was not so tried, is not 
 answered by saying, "In fairness" he "should have been tried; but 
 it would have added nothing to his chances of escape"!^' That 
 does not justify his being deprived of life without ' due process of 
 law.' If at Tower Hill, on July 28, he was beheaded under an illegal 
 order of the monarch, the individual who executed that illegal order 
 was responsible, even although the constitution would allow of no 
 proceeding against the monarch himself""''' 
 
 "Zealously devoted from his first introduction at court to the 
 royal interests, disregarding public obloquy in his efforts to promote 
 them, and evidencing by allhis acts the most sincere affection for his 
 master," Cromwell's "death by that master's hand" has added to the 
 loathing caused by much " of Henry's career " in Cromwell's Hfe.*'' 
 
 On the scaffold Cromwell began as others had done, in what looks 
 as or like a formula encouraged by authority in that despotic reign : 
 " I am come hither to die, and not to purge myself, as some think 
 peradventure that I will" "'* 
 
 Christopher Hales^^ who succeeded Cromwell as Master of the 
 
 ^13 Froude's Engl., ch. 17, p. 455. great grandfather of the Protector Oliver 
 ^'^ Stockdale v. Hansard, &'c., 2 Per. Cromwell. Foss's Biogr. Jurid . 
 and Dav. 211 ; 9 Adol. and El., 36 Eng. ^* Derived his name from a place so 
 C. L. ; cited at p. xi of Preface to 6 Rob. called in Norfolk, where Roger de Hales 
 Pract. possessed property in the reign of Henry 
 633 Foss's Biogr. Jurid. II. Before the close of Edward Ill's 
 ^* I State Tr., 437. " Rapin observes reign the family had removed into Kent,, 
 that the care Cromwell took when he and was settled at Halden, near Tenter- 
 came to die, to say nothing which might den. Of this family was Robert de 
 offend the King, proved to the advan- Hales, prior of St. John of Jerusalem 
 tage of his son." Id., 440. As Lord and treasurer of England (under Richard 
 Cromwell of Okeham, Gregory took his II), who was murdered in 1381 ; from 
 seat in the House of Peers Jan. 16, his brother. Sir Nicholas, descended no 
 1541. Sir H. Ellis's Orig. Let., 3d less than three eminent lawyers, who 
 series, vol. 3, p. 193. Thomas Crom- graced the judicial bench — Christopher 
 well's sister married a Williams, whose and John in the reign of Henry VIII, 
 son. Sir Richard Williams, one of King and James in that of Edward VI. 
 Henry's privy chamber, and afterwards Christopher was son of Thomas, the 
 constable of Berkeley castle, assumed younger brother of John's father; so 
 the surname of Cromwell, and was the that the two judges in Henry's reiga 
 
CH. XXX.J 
 
 1509 TO 1546-7. 
 
 1041 
 
 Rolls on July 10, 1536, retained the place until his death — in June, 
 
 1541.™ 
 
 25. Siatutes of Parliament at July session in ^2 Hen. VIII {1^40.) 
 In the general pardon {ch. ^p) there were exceptions ; Robert 
 Barnes and others suffered cruel deaths by burning. Under ch. 
 25 the marriage with Aime of Cleves was dissolved. 
 
 Statutes of the Parliament continued from April session in 31 Hen. 
 VIII until July 24, in the thirty-second year of the reign, embrace 
 fifty-one chapters,"" whereof the fifth, seventh, ninth, twenty-eighth, 
 thirtieth, thirty-second, thirty-fourth, thirty-seventh, thirty-eighth and 
 fortieth chapters are in i 'Statutes Revised,' edi. 1870. The first 
 chapter is "an act how land may be willed by testament"/^' the 
 second is of "limitation by prescription";"" the fifth is as to " con- 
 tentation of debts upon executions";™ the seventh is as to "pay- 
 ment of tithes and offerings" ; "" and the ninth is against mainte- 
 nance and embracery, "buying of titles, &C.""" Chapter 21 is of 
 "Trinity term";"*^ ch. 25 "the dissolution of the pretended marriage 
 with the Lady Anne of Cleves" ; "** and ch. 26 " concerning Christ's 
 religion." "*" 
 
 were first cousins. His (Christopher's) 
 mother was Alicia, daughter of Hum- 
 phrey Eveas. Receiving his legal educa- 
 tion at Gray's Inn, Christopher rose to be 
 an ancient in 1516, and reader in 1524. 
 He became solicitor-general August 14, 
 1525 ; and attorney-general June 3, 
 1529. As such he prosecuted Wolsey by 
 an indictment, to which the cardinal 
 made no defence ; and appeared for the 
 King against Sir Thomas More and 
 Bishop Fisher ; the trials of Queen Anne 
 Boleyn and those charged with being 
 implicated with her occurred during the 
 last few months of his tenure of the same 
 office. Foss's Biogr. Jurid. 
 
 *^*He was buried at Hackington, or 
 St. Stephen's, near Canterbury. His 
 large possessions, many of which were 
 granted to him by the King on the disso- 
 lution of the monasteries, were divided 
 66 
 
 among his three daughters by his wife 
 Elizabeth, daughter of John Caunton, an 
 alderman of London. Id. 
 
 Si" 3 Stat, of the Realm, p. 744 to 825. 
 
 *''/a?.,p. 744 to 746. 
 
 639 Id., pp. 747, 748. 
 
 ^^Id., p. 750; I 'Statutes Revised,' 
 pp. 477, 478 ; Co. Lit., 290 a; 2 Tidd's 
 Pr., 1 136, 1137. 
 
 "'3 Stat, of the Realm, pp. 751, 752; 
 I ' Statutes Revised,' p. 479 to 481 ; Co. 
 Lit., 159 a. 
 
 6*^3 Stat, of the Realm, pp. 753, 754; 
 I Stat. Rev., p. 481 to 483; Co. Lit., 
 3690. 
 
 "' 3 Stat, of the Realm, pp. 773, 774. 
 
 "* Id., p. 781 to 783. In the margin 
 are the following words: i. "Evil of 
 doubts as to succession of the crown" — 
 " Doubts as to the validity of the King's 
 marriage with the Lady Anne Cleves; 
 
1042 
 
 Reign of Henry VIII 
 
 [tit. VII 
 
 Chapter 28 is "an act that lessees may enjoy their fermes"; 
 ch. 30, of "mispleading, jeofails, &c."/" ch. 31, "for avoiding of 
 recoveries by collusion";"* ch. 32, of "joint-tenants for life or 
 years";"" ch. 33, "wrongful disseisin to be descent";^^" ch. 34, of 
 ■"grantees of reversions.""*' 
 
 Chapter 37, "for recovering of arrearages by executors and admin- 
 istrators,"®^ gives a remedy "for the recovery of arrearages of rents 
 in certain cases where there lay no remedy at the common law and 
 giveth further remedy in some cases where at the common law 
 there w^s some remedy " ; and " hath been well and beneficially 
 expounded." *°' Chapter 38, is " as to marriages, and entitled con- 
 cerning pre-contract and degrees of consanguinity."""* Ch. 40 is 
 "concerning physicians ";''°^ ch. 42, "concerning barbers and chirur- 
 geons "f^ and ch. 46, " The court of ward.""" 
 
 referred at the desire of the Temporal 
 Lords and Commons to the prelates and 
 •clergy in Synod." — " The tenour of the 
 instrument containing the decision of the 
 said Synod ; declaring the said marriage 
 to be invalid, &c. ; Lady Anne of 
 Cleves's assent, &c." — " The said mar- 
 riage declared and enacted to be invalid, 
 &c." — " Lady Anne not to be called 
 Queen. Her jointure, &c., repealed." 
 2. " Penalty of High Treason on per- 
 sons asserting the validity of the said 
 marriage; forfeiture of lands, &c., 
 thereon. General saving.'' 3. " Par- 
 don of all acts done for dissolving the 
 said marriage." 
 
 ^ Id., pp. 783, 784; 7 Collyer's 
 Engl., 66; 3 Hume's Engl., ch. 32, 
 pp. 275, 276; 6 Lingard's Engl., ch. 4, 
 pp. 307, 308. 
 
 ^ 3 Stat, of the Realm, p. 784 to 786 ; 
 I Statutes Revised, p. 483 to 485. 
 
 «" 3 Stat, of the Realm, pp. 786, 787 ; 
 I Statutes Revised, p. 486. 
 
 6»8 3 Stat, of the Realm, p. 787. 
 
 ^^Id., pp. 787, 788; I Statutes Re- 
 vised, p. 487. In the margin are these 
 words: I "St. 31 Hen. VII, c. i; for 
 
 partition by joint-tenants, and extended 
 to persons having particular estates for 
 life or years ;" 2. "Such partition shall 
 not prejudice others not parties." As to 
 this statute there may be reference to Co. 
 Lit., 169 a, and 187 a. 
 
 «=» 3 Stat, of the Realm, p. 788. 
 
 651 Id., pp. 788, 789 ; I ' Statutes Re- 
 vised,' edi. 1870, p. 487 to 489; Co. Lit., 
 215 a. 
 
 «»2 3 Stat, of the Realm, p. 791 ; 
 I ' Statutes Revised,' p. 489 to 491. 
 
 "53 Co. Lit., 162a, 1623, 351 i; 
 Thomas's Co. Lit., i, 458 « (20), 3, 
 250 n. (4), (5), 25s, and n. (D), 256. 
 and n. (4), (5), 257, and n. (E). 
 
 6" 3 Stat, of the Realm, p. 792; men- 
 tioned in Co. Lit. 235 a : and repealed 
 by Stat. 2 and 3 Edwf. VI, c. 23, I i. 
 
 6553 Stat, of the Realm, p. 793; 
 I 'Statutes Revised,' p. 492 to 494; 
 Paris and Fonblanque's Med. Jurispr., 
 edi. 1823, vol. 3, Appendix, p. 14 to 16. 
 
 ^^Id., p. 17 to 22; 3 Stat, of the 
 Realm, p. 794. 
 
 ""/(£., p. 802 to 807; Co. Lit., 77 a, 
 
 ^^b,■ 4 Inst., 188. 
 
CH. XXX.]- 1509 TO 1546-7. 1043 
 
 Chapter 40 is " The King's general pardon";**' out of which there 
 is in section 6 an exception of certain matters,"*' and in section 10 an 
 exception of certain persons by name *° among whom, besides those 
 named below, are Robert Barnes, Thomas Garrard and William 
 Jerome. Mr. Froude supposes that before this time it had been 
 enacted that these three should be ' attainted of heresy ' and adjudged 
 'abominable and detestable heretics,' and 'Suffer pains of death by 
 burning or otherwise as shall please the King's majesty.' '*'' It seems 
 to have been the King's pleasure that their punishment should be 
 cruel, " abominable and detestable " ; it pleased his majesty that they 
 should "suffer pains of death by burning"; and they so suffered at 
 Smithfield on the 30th of July, 1540."°^ 
 
 " Henry, while he thus persecuted the Protestants, used the same 
 rigour, except burning, against those of the church of Rome who 
 <ienied his supremacy ; whence a foreigner who was then in England 
 observed that those who were against the pope were burned, and 
 those who were for him were hanged.'""'' 
 
 Under ch. 25 (of the statutes of July, 1540), the marriage with the 
 Lady Anne of Cleves was dissolved ; she acquiescing in its dissolu- 
 Iqtion.'*'* Henry made visits to her at her palace at Richmond on 
 the 6th of August and afterwards.""" 
 
 *^3 Stat, of the Realm, p. 809 to vol. 3, pp. 264, 265. 
 
 812; construed in Auditor Curie's case, "^'Barnes, Jerome and Gerrard, were 
 
 II Rep., lb. • carried on three hurdles to the place of 
 
 ^^ One of which is " all and all man- execution ; and along with them was 
 
 ner of heresies and erroneous opinions placed a Catholic on each hurdle, who 
 
 ■touching or concerning plainly, directly was also executed for his religion, 
 
 and " oonely the most hooly and blessed These Catholics were Abel, Powell and 
 
 sacrament of the altar." Featherstone." 7 Coll. Engl., pp. 60, 
 
 sso-phcmas Crumwell, earl of Essex, 61; 3 Hume's Engl., ch. 32, p. 267; 
 
 Margaret, countess of Saulsbury" — 6 Lingard's Engl., ch. 4, pp. 309,310; 
 
 "Richard Fetherston, Thomas Abell, 2 Turner's Hen. VIII, edi. 1827, p. 487. 
 
 Edward Powell. " In 1543 other persons were burnt for 
 
 ^^'3 Froude's Engl., ch. 17, p. 473'. their opinions." Ibid. 
 
 ^'i " Great pity it was that such learned *^* 2 Mackintosh's Engl., Phila. edi. 
 
 men should be so cast away without 1831, p. 189; 6 Lingard's Engl., ch. 4, 
 
 examination, neither knowing what was p. 304 to 307 ; Miss Strickland's Queens 
 
 laid to their charge, nor never called to of Engl., vol. 4, p. 260 to 267; 3 
 
 answer." Hall Chron.,edi. 1548; cited Froude's Engl., ch. 17, p. 459. 
 
 in Sir H. Ellis's 3d series of Orig. Let,, '^^ Miss Strickland's Queens of Engl., 
 
1044 Reign of Henry VIII [tit. vie 
 
 26. Of Katharine Howard before her marriage to the King Aug. 8,. 
 1540, and after that marriage. Action of Parliament in 33 
 Hen. VHI {1^41-2). More consideration for this Queen by the 
 King and by the Lord Chancellor Audley than by the Privy 
 Council. By their advice she was deprived of life without due 
 process of law Of statutes made by Parliament at the session 
 in 33 Hen. VHI {t§4I-2). Under chapter jp, relief for mat- 
 ter in equity. Position of William Paget in 1541, 1542 and 
 1543. In Scotland, in Dec. 1542, death of fa^nes the Fifth ; 
 and birth of the Princess Mary. 
 
 Katharine Howard was married to the King before or on the 8th 
 of August, 1540: on that day she was introduced by him at Hamp- 
 ton court as his queen ; then in the chapel she took her seat in the 
 royal closet by his side.""" Of his married life with her more than a 
 year had elapsed when, on the 30th of October, 1541, he requested 
 his confessor, the bishop of Lincoln, to prepare a public form of 
 thanksgiving for being blessed with so loving, dutiful and virtuous a 
 queen.""' Next morning he received concerning her information 
 which at first he did not believe to be true, and which after a day's, 
 investigation distressed him exceedingly. The charge of misconduct 
 went back to her childhood.""* She was the fifth child and second 
 daughter of Lord Edmund Howard, who attended Mary Tudor to 
 France in 1514. Supposing he married soon afterwards, the earliest 
 
 vol. 4, p. 267 to 270. It is stated that Miss Strickland states that she " died 
 on the death of Anne Boleyn's father, at the palace of Chelsea," and was 
 "whom Henry had created Earl of "buried near the High altar of West- 
 Wiltshire, Hever became the property of minster abbey, in a place of great 
 the crown, and when subsequently he honour, at the feet of King Sebert, the 
 had divorced Anne of Cleves, it was original founder." Queens of Engl.,, 
 granted to her with the manor for the vol. 4, p. 278. 
 
 term of her natural life, so long as she *™7 Coll. Engl., p. 59; 6 Lingard's 
 
 should remain in England. Here she Engl., ch. 4, p. 310; Miss Strickland's 
 
 resided, and several of her letters are Queens of Engl., vol. 4, p. 293. 
 
 dated from the castle, where she died." ''' /rf., p. 304. 
 
 Penny Magazine f6r 1838, July, p. 284. «« j gtate Tr., 446 to 452; 7 Coll.. 
 
 The day of her death was 16 July, 1557, Engl., p. 62 to 65 ; 3 Hume's Engl., ch.. 
 
 according to Granger, i Biogr. Hist., 32, p. 271 to 274; 6 Lingard's Engl.,, 
 
 p. 79 of edi. 1779. As to the place of ch. 4, p. 310 to 317. 
 her death there are conflicting accounts. 
 
•CH. xxx.j 1509 TO 1546-7. 1045 
 
 -date given for Katharine's birth is 1521 or 1522. She was in early- 
 childhood when her mother died; her father permitted his step- 
 mother, the duchess-dowager of Norfolk, to take upon herself the 
 ■charge and bringing up of this young girl. In a splendid mansion 
 ■she became a neglected dependent. Miss Strickland says : 
 
 "The duchess of Norfolk was so perfectly unmindful of her duties 
 to her orphan charge that Katharine was not only allowed to associ- 
 ate with her waiting women, but compelled at night to occupy the 
 sleeping apartment that was common to them all; unhappily they 
 were persons of the most abandoned description, and seem to have 
 taken a fiendish delight in perverting the principles and debasing the 
 mind of the nobly born damsel who was thrown into the sphere of 
 their polluting influence." — Katharine, " before she had even entered 
 her teens, became the object of illicit passion to a low born villain in 
 the household of the duchess, named Henry Manox."""" 
 
 After a time the Duchess became suspicious of the conduct of 
 Francis Derham; he fled to Ireland; and the household of the 
 Duchess was improved. 
 
 " Katharine, severed from all evil associates, acquired, as she 
 advanced towards womanhood, the retiring grace and feminine 
 reserve natural to that season in life. She even became remarkable 
 for her modest and maidenly deportment. When Derham found 
 means to return clandestinely from Ireland, and endeavoured to 
 renew his intercourse with her, she positively refused to have any 
 ■communication with him." ^^ 
 
 Yet his attachment to her produced fatal results."" After the 
 King's divorce from Anne of Cleves and his passion for Katharine 
 Howard, "she found herself beset with those persons, whom of all 
 the world it was most to her interest to have kept at a distance." ^" 
 
 Notwithstanding their statements, there is a " lingering tenderness 
 of the King for her who had been so lately the object of his adoring 
 fondness " ;^" there is a " yearning in the King's heart towards her " ; 
 but the chance "of his ever receiving Katharine again as his Queen" 
 is very slight, after his ministers at home have been allowed to send 
 to his ministers abroad a circular announcing her misconduct."" 
 
 «69 Miss' Strickland's Queens of Engl., "" Id., p. 289. 
 
 vol. 4, pp. 282, 283. ""^ Id., p. 293. «3 Id., p. 309. 
 
 «">Id., pp. 288, 289. «'*Id., pp. 312, 313. 
 
1046 Reign of Henry VIII [tit. vii 
 
 Miss Strickland's narrative of the circumstances before Katharine's 
 marriage to the King, and of her deportment during that marriage,*'* 
 is exceedingly interesting ; and is worthy of being compared with 
 what appears elsewhere,"'" as to the action of parliament in the ses- 
 sion begun at Westminster on the sixteenth day of January, in 33. 
 Hen. VIII (1541-2)."' "The bill of attainder of Mrs. Katherin 
 Howarde, late Queen of England, and divers other persons, her 
 compHces," was read a first time on the 21st of January. On the 
 28th, the Lord Chancellor Audley reminded the peers " how much 
 it concerned them all not to proceed too hastily with" that bill 
 " which had been yet read only once among them," bidding them 
 remember " that a queen was no mean or private person, but a public 
 and illustrious one. Therefore, her cause ought to be judged in a 
 manner that should leave no room for suspicion of some latent 
 quarrel, and that she had not liberty to clear herself, if perchance by 
 reason or counsel she were able to do it." Hence he proposed " that 
 a deputation as well of the commons as of the lords, should go to 
 the queen, partly to tell her the cause of their coming, and partly, in 
 order to help her womanish fears, to advise her to have presence of 
 mind sufficient to say anything to make her cause the better." He 
 added " that it was just that a princess should be tried by equal laws 
 with themselves, and expressed his. assurance that it would be most 
 acceptable to her most loving consort, if the queen could clear her- 
 self in this way." In the meantime the bill against her was sus- 
 pended. Miss Strickland says : 
 
 " This equitable proposition of the Lord Chancellor was disap- 
 proved and negatived by the privy council, by whom it was deter- 
 mined that no opportunity, however limited, should be granted to 
 Katherine, of either speaking in her own defence, or impugning the 
 testimony of the witnesses, on whose unsifted assertions, she was ta 
 be brought to the block. Whatever the conduct of the queen had 
 been, she was, in this instance, the victim of the most unconstitu- 
 tional despotism ; and the presumption may be reasonably drawn, 
 from the illegality and unfairness of the proceedings of the privy 
 council that the evidence against her could not have been substan- 
 
 ^'5 Id., p. 309 et seq. 128. 
 
 "'"4 Froude's Engl., ch. 19, p. 125 to "'3 Stat, of the Realm, p. 826. 
 
CH. XXX. J 1509 TO 1546-7. 104T 
 
 tiated, if investigated, according to the common forms of justice." "'* 
 
 On the 30th of January the course of proceeding which the council 
 advised as to the Queen was communicated to parliament. Without 
 process for obtaining witnesses in her favour or being confronted 
 with the witnesses against her — without having the assistance of 
 counsel or even permitted herself to speak in her defence — the bill 
 of attainder was passed through both houses on or before the 8th of 
 February; on the loth the Queen was conveyed by water from Sion 
 to the Tower of London ; the King's assent to the bill was given on 
 the nth; and on the 13th she was led to the scaffold and sufifered 
 death."" 
 
 Among the thirty-nine chapters of statutes made by Parliament at 
 the session in 33 Hen. VIII (1541-2),"*° are several which are in 
 I 'Statutes Revised,' edi. 1870, p. 494, et seq!^'^ To one of these — 
 ch. XX — "An act for due pees to be had in High Treason in cases of 
 lunacy or madness," there is a note saying : 
 
 " The original of this act is preserved at the Parliament office in 
 the bundle of the jyi/i j/ear of this reign, and entered in the Calendar 
 of that year; together with the act for the attainder of Catharine 
 Howard, ch. xxi of this year; and the commission for passing both 
 of these acts ; to all which the great seal is affixed." 
 
 ^™ Queens of England, vol. 4, pp. used by Suffolk and others in the House 
 
 321, 322; I State Tr., p. 449, ei seq. ; of Lords, and by Katharine on the scaf- 
 
 4 Froude's Engl., ch. 19, p. 135 to 138. fold, Dr. Lingard says, "Was not that 
 
 "'^Miss Strickland's Queens of Engl., particular form enjoined by authority 
 vol. 4, p. 322 to 325. "Wever gives that she might not seem to impeach 'the 
 the following :" " In St. Peter's chapel King's justice ?' On a review of the 
 of the Towfer, very near the relics of original letters in the State papers, of 
 Anne Boleyn, lieth interred the body of the act of attainder and of the froceed- 
 Katharine, the fifth wife of Henry VIII, ings in Parliament, I see no sufficient 
 the daughter of Edmund and niece to reason to think her guilty." 6 Lin- 
 Thomas Howard, Duke of Norfolk. It gard's Engl., ch. 4, p. 317, note. 
 is verily believed, and many strong "^3 Stat, of the Realm, p. 826 to 892. 
 reasons are given, both by English and «8iE(ji_ 1870, p. 494, et seq. Ch. 9, 
 foreign writers that neither this Queen " an act for maintenance of artillery and 
 Katharine nor Queen Anne were any debarring of unlawful games," is in Id., 
 way guilty of the breach of matrimony p. 494 to 498; ch. 12, "an act for mur- 
 whereof they were accused." /i/.,p. 328. ther and malicious bloodshed within 
 Commenting on the ambiguous language the court," is in Id., p. 498 to 504. 
 
1048 Reign of Henry VIH [tit. vii 
 
 In the same volume (of Stat. Rev.), p. 505, is ch. xxi. " The bill 
 of attainder of Mrs. Katherin Hawarde, late Queen of England 
 and divers other persons her complices"; to which there is this note: 
 
 "From the original act in the Pariiament office in the bundle of 
 the thirty -seventh year of this reign. See the note at the beginning 
 of this year;'''^ and note to chapter xx." 
 
 In the same volume (of Stat. Rev ) p. 506, are the subjoined chap- 
 ters ;**' after which, p. 507 to 518, is "The bill for the establishment 
 of the court of surveyors"; which provides in § 37 that suits for the 
 King's debts shall be in the courts of Exchequer or other specified 
 courts,"" and has a subsequent section which is " usually called, in the 
 Exchequer, the statute of equity, and which empowers the judges 
 to admit any matter of equity in discharge of any debts to the 
 King.""*^ It may have been numbered 79, but is now No, 55; it 
 provides as follows : 
 
 "That if any person or persons of whom any such debt or duty is 
 or at any time hereafter shall be demanded or required, allege, plead, 
 demand or shew in any of the said courts, good, perfect, sufficient 
 cause and matter in law, reason or good conscience in bar c dis- 
 charge of the said debt or duty, or which such person or per- 
 sons ought not to be charged or chargeable to or with the same, and 
 the same cause or matter so alleged, pleaded declared or shewed, 
 sufficiently proved in such one of the said courts as he or they shall 
 be impleaded, sued, vexed or troubled for the same, that then the 
 
 *'^ P. 494. " It appears by an extract to be good and effectual with the consent 
 
 from the Parliament Roll given in the of the more partie." 
 
 Statutes of the Realm, and a foot-note, 
 
 (volume 3, p. 826,) that all the printed Gould, J., who had been a baron 
 
 editions contain thirty-nine acts of this of the Exchequer, was delivering the 
 
 session, but that only twenty-two of these opinion of the Common Pleas when in 
 
 are on the roll, and that the remaining ,^ r- ttt u -j ^i au .. cr. 
 
 ' . ^ J . ^, „ . , ^ 19 (jteo. Ill he said : " About hfty sec- 
 seventeen are printed in the Statutes of ■' 
 
 the Realm from the original acts pre- "°"5 of *is statute are now entirely 
 served in the Parliament office. It also obsolete by the abolition of the several 
 appears that in all the printed editions courts to which they relate. About 
 
 the numbers of the several chapters that » . c a- ^ 1 .u t^- 
 
 ^, 11 , !_■ ,_ f twenty-five more affect only the King, 
 
 are on the roll (which numbers are ' j b' 
 
 adopted in the Statutes of the Realm) auditors, collectors, and other revenue 
 
 disagree with those on the roll except as officers, or the process in the Exchequer 
 
 to chapter i. and Duchy courts, which have survived 
 
 ^^ Ch. xxiv. "An act that no man ., ., , ,, ^^^^ „ 
 
 1 ,, 1, T f r A ■ • I,- the other four. Uppom v. Sumner, 
 
 shall be Justice of Assize in his own -^^ ' 
 
 country." ' 2 W. Bl. 1295. 
 
 Ch. xxvii. "An act for leases of Hos- *^S. C, 2 W. Bl. 1295. 
 
 pitals, colleges, and other corporations 
 
«CH. XXX.] 1509 TO 1546-7. . 1049 
 
 said courts and every of them shall have full power and authority to 
 accept, adjudge and allow the same proof and wholly and clearly to 
 acquit and discharge all and every person and persons that shall be 
 so impleaded, sued, vexed or troubled for the same,"^^ 
 
 For matter in equity, 'there was under this statute, relief in 39 and 
 40 Eliz., upon a hearing in the Exchequer Chamber.'*' 
 
 William Paget is mentioned in § 10, p. 978. 
 
 "In 1 541 the offices of Clerk of the Privy Council, and Clerk of 
 the Signet were conferred on him, as was soon after that of Clerk of 
 the Parliament for hfe ; in the following year he was sent ambassador 
 into France; and in 1543, in which year he was knighted, was 
 appointed one of the two principal Secretaries of State."*^ 
 
 Buchanan tells of hostilities between the English and Scotch in 
 1542, and how "the loss of the army" affected James V,™ with 
 <' indignation, rage and grief." 
 
 " His bodily strength being worn out by want and watching, and 
 his mind distracted by anxiety and care, he died on the 30th of 
 December, leaving a daughter only five days old, heiress of the 
 throne. He was buried on the 14th of January, in the abbey of 
 Holyrood house, near the remains of Magdalen, his former wife.''"'" 
 
 27. Statutes made hi 34. and j§ Hen. VIII {134.2-3) ; whereof ch. 4. is 
 against such persons as do make bankrupt" ; ch. 5 is ^'explana- 
 tion of the statute of wills" ; and ch. ij, recognition of prin- 
 ciples which are the basis of the elective part of the constitution. 
 Mackintoshes observations on ch. 13; and on ch. 26. 
 
 In the session of parliament holden at Westminster by proroga- 
 
 ^8^3 Stat, of the Realm, pp. 891, 892; how many days old she was at her 
 1 'Statutes Revised,' edi. 1870, p. 517. father's death, statements vary. 7 Coli- 
 cs' Sir 734i!w«aj C^-'z/'i case, 7 Rep., 89. yer's Engl., p. 70; 3 Hume's Engl., 
 *** Lodge's Portr., vol. 2, No. 12. ch. 33, p. 281 ; 6 Lingard's Engl., ch. 5, 
 ^'Mentioned in § 19, p. 1026. p. 381. 'E.^vcyAo-^. Km., ^\^. Mary Stuart. 
 ^^ Hist, of Scotland, Aikman's edi. They vary also as to the day on which 
 (1824,) vol. 2, p. 323. As to the bones she was crowned Queen of Scotland; 
 of James V, there is at the end of this but her coronation seems to have been 
 volume, in Appendix B, information for before she was a year old. Buchanan's 
 the curious. Hist, of Scotland, Aikman's edi. (1824,) 
 As to the particular day of Dec. on vol. 2, p. 334, note; 4 Froude's Engl., 
 which the Princess Mary was born, and ch. 20, p. 227. 
 
1050 , Reign of Henry VIII [tit. vii 
 
 tion on the twenty-second day of January, in the 34th, and continued 
 until the twelfth day of May, in the 35th year of Hen. VIII (1542-3), 
 there were statutes embracing twenty-eight chapters;''*' among which 
 are the following : 
 
 Ch. I. "An act for the advancement of true religion, and for the 
 
 abolishment of the contrary."*''^ 
 
 Ch. 2. "An act concerning collectors and receivers."*'"' 
 
 Ch. 4. "An act against such persons as do make bankrupt.""" 
 
 Ch. 5 "An act for the explanation of the statute of wills." "^° 
 
 Ch. 8. "An act that persons being no coen Surgeons may ministre 
 
 medicines outwards." """ 
 
 Ch. 9. "An act for the preservation of the river of Severn.""" 
 
 Ch. 13. "An act for knights and burgesses to have places in the- 
 
 parhament for the county palatine and city of Chester.""'" 
 
 Ch. 20. "An act to enbarre feigned recoveries of lands wherein 
 
 the King's majesty is in reversion.""" 
 
 Ch. 23. "An act for the due execution of proclamations."'™ 
 
 Those chapters which are in i 'Statutes Revised,'™' are 2, 8, 9, 13 
 and 20.'"' 
 
 Speaking of "some direct benefits the constitution owes to this 
 reign," Sir James Mackintosh says : 
 
 "The act which established a parliamentary representation in so 
 considerable a territory as Wales, may be regarded as the principal 
 reformation in the composition of the House of Commons since its 
 legal maturity in the time of Edward I. That principality had been 
 divided into twelve shires ; of which eight were ancient,™' and four 
 owed their origin to a statute of Henry's reign.™* Knights, citizens 
 and burgesses were now directed to be chosen and sent to parliament 
 from the shires, cities and burghs of Wales.™^ A short time before, 
 
 69I3 Stat, of the Realm, p. 893 to 953. ^'^ Id., p. 911. 
 
 '^ Id., p. 894 to 897; 6 Lingard's ^'^/^., pp. 919, 920. 
 
 Engl., ch. 4, pp. 317, 318. '»»/(/., p. 923. 
 
 ™3 Stat, of the Realm, pp. 898, 899. ™iEdi. 1870, p. 520 to 524. 
 
 ^ Id., pp. 899, 900. ™2Xo-wit: ch. 2, p. 518 to 520; ch.8, 
 
 ^'^ /a?., p. 900 to 904; 7 Jac. \, Earl pp. 520, 521; ch. 9, p. 521 ; ch. 13, 
 
 of Cumberland's case, 13 Rep., 49; p. 522; and ch. 20, pp. 523, 524. 
 
 I Thomas's Co. Lit., 294, and note (F); '"'Glamorgan, Carmarthen, Pembroke,. 
 
 2 /(!?., 644; I Jarm. on Wills, 27, 57. Cardigan, Flint, Carnarvon, Anglesea 
 
 ^'^3 Stat, of the Realm, p. 906; Paris and Merioneth, 
 
 and Fonblanque's Med. Jurispr., edi. ">* Radnor, Brecknock, Montgomery 
 
 1823, vol. 3 Appendix, pp. 23, 24. and Denbigh. 27 Hen. VIII, i;. 26. 
 
 ''i'3 Stat, of the Realm, pp. 906, 907. '"^ 34 and 35 Hen. VIII, ch. 26, §-50.. 
 
CH. XXX.] 1509 TO 1546-7. .1051. 
 
 the same privileges were granted to the county palatine of Chester^ 
 of which the preamble contains a memorable recognition and estab- 
 lishment of the principles which are the basis of the elective part of 
 our constitution.™" Nearly thirty members were thus added to the 
 House of Commons on the principle of the Chester bill: that it is 
 disadvantageous to a province to be unrepresented ; that representa- 
 tion is essential to good government; and that those who are bound 
 by the laws ought to have a reasonable share of direct influence on 
 the passing of laws " '"' 
 
 28. In July, 154.3., King Henry married his sixth queen, Katharine 
 Parr. Statutes made in J5 Hen. VHI {1543-4). Katharine 
 Queen Regent during the King's absence in France part of the 
 summer and fall of 1544. 
 
 Henry's sixth queen was a third Katharine, which it is observed, 
 "from its Greek derivation, Katharos, signifies pure as a limpid 
 stream." '°^ There may be reference to Miss Strickland's pages for 
 information of this Katharine's birth at Kendal Castle in Westmore- 
 land, in 1513, or soon after; of her marriage when young to Edward 
 lord Borough, of Gainsborough, and when a widow under twenty, 
 to John Neville, lord Latimer; of her becoming his widow about a 
 year after the execution of queen Katharine Howard; of her mar- 
 riage to Henry the Eighth at Hampton court on July 12, 1543; and 
 of her faithful performance of her duty as queen consort of England 
 and step-mother of the children of Katharine of Arragon, Anne 
 Boleyn and Jane Seymour.'"" 
 
 Statutes made in the session of Parliament begun, by prorogation,, 
 
 ™^/</., c. 13. " That the said counties touched and grieved by the acts of the 
 have hitherto been excluded from the said parliament, prejudicial to the corn- 
 high court of parliament, to have any monwealth, quietness, rest and peace of 
 knights and burgesses within the said your highness's bounden subjects, in- 
 court, by reason whereof the inhabitants habiting within the said county," &c. 
 have sustained manifold damages in ""2 Mackintosh's Engl., Phila. edi. 
 their lands, goods and bodies, as well as 1831, p. 201. As to Justices in Wales 
 in the good governance of the common- there may be reference to 34 Hen. VIII, 
 wealth of their said country; and foras- c. 28, and 12 Kep. 48. 
 much as they have, been bound by the '"^Miss Strickland's Queens of Engl.,, 
 acts of the said court, and yet have had vol. 4, p. 9. 
 no knights and burgesses therein, for ™' Id., p. 9 to 29. 
 lack whereof they have been often 
 
1052 Reign of Henry VIII [tit. vii 
 
 at Westminster on the fourteenth day of January, in 35 Hen. VIII 
 (1543-4) embrace eighteen chapters;"" among which are the fol- 
 lowing: 
 
 Ch. I. " An act concerning the estabhshment of the King's 
 majesty's succession in the Imperial crown of the Realm."'" 
 
 Ch. 2. "An act concerning the trial of treasons committed out of 
 the King's majesty's dominion ""^ 
 
 Ch. 3. "The bill for the King's stile.''™ 
 
 Ch. 5. "A bill concerning the six articles."'" 
 
 Ch. 6. "A bill concerning the appearance of jurors in the nisi 
 prius!' "* 
 
 Ch. 16. "A bill for the examination of canon laws by 32 persons 
 to be named by the King's majesty.'"" 
 
 During the King's absence in France, in 1544, Katharine was 
 Queen Regent ; and she and her royal step-children appear to have 
 resided together as one family."' 
 
 2<). Death of Lord Chancellor Aiidley, April jo, 1544. General 
 view of his conduct durhig the chancellorship. 
 
 "Audley had the custody of the Seal for nearly twelve years; a 
 period more disgraceful in the annals of England than any of a sim- , 
 ilar extent. Within it were comprehended the King's divorce from 
 one queen, after a union of 22 years, under pretence of a scruple of 
 conscience; the repudiation of another, after" brief "intercourse, on 
 the mere ground of personal antipathy ; the execution of two others, 
 one of whom was sacrificed to obtain a new partner; and innume- . 
 rable judicial and remorseless murders; those of Sir Thomas More 
 and Bishop Fisher leading the dreadful array.""* 
 
 "Of his legal acquirements there is little evidence beyond the 
 reputation that he gained at the Inner Temple for his reading on the 
 
 "" In 3 Stat, of the Realm, p. 954 to '" Id., p. 960 to 962 ; reciting Stat. 
 
 983. 31 Hen. VIII, c. 14, and making further 
 
 '"/rf, p. 954 to 957. Of the " statute, provision, 
 which after the failure of male progeny 'i* Id., p. 962. "^ Id., p. 976. 
 
 limited the succession to Mary and Eliza- "' Miss Strickland's Queens of Eng- 
 
 beth," there is mention in 2 Mackin- land, vol. 5, p. 37 to 40. Henry crossed 
 
 tosh's Engl., Phila. edi. 1831, p. 199; the sea from Dover to Calais July 14, 
 
 Miss Strickland's Queens of Engl., vol. 1544, and took the field on the 25th. 
 
 5, pp. 36, 37. Boulogne surrendered to him Sept. 18, 
 
 ''"'3 Stat, of the Realm, p. 958; and he returned to . England Octo. I. 
 
 I ' Statutes Revised,' edi. 1870, pp. 524, Id., p. 38 and p. 41. 
 525. "8 1 State Tr., p. 440; Foss's Biogr. 
 
 '" 3 Stat, of the Realm, p. 958. Jurid. 
 
CH. XXX.] 1509 TO 1546-7. 105S 
 
 Statute of Privileges, which recommended him to the Duke of Suf- 
 folk, his first patron." Generally speaking, his judicial decisions, 
 "were" so "much mixed up with the political questions of the day, 
 and" so "clearly controlled by the sovereign whose will he was 
 ready to obey," that but litde "weight" is "attached to them.""' 
 
 " His interpretations of the law on the various criminal trials at 
 which he presided are a disgrace not only to him but to every 
 member of the bench associated with him, while both branches of 
 the legislature are equally chargeable with the ignominy of passing 
 the acts he introduced, perilling every man's life by the new treasons 
 they invented, and every man's conscience by the contradictory oaths 
 they imposed.""" 
 
 " The only example recorded of his wit is in the application of two 
 of 'Isope's fables' to the case of Sir Thomas More, then in the 
 Tower for conscience sake, which he related to Alice AUington (Sir 
 Thomas's step-daughter"*, to shew that the conscientious prisoner 
 was only ' obstinate in his own conceit.' ' One of these was the story 
 of the wise men who hid themselves in caves to avoid the rain which 
 was to make all fools on whom it fell, hoping to rule the fools 
 when the storm was over; but the fools were the more numerous 
 and would not then be ruled. The other was of the confessions of 
 the lion, the ass and the wolf, intimating that Sir Thomas's con- 
 science was like that of the ass, who confessed that he had, in his 
 hunger, taken one straw out of his master's shoe, by which he 
 thought his master had taken cold. More on receiving a report of 
 the interview, shewed that the first tale was a clumsy repetition of 
 one often told to the council by Cardinal WoJsey as a reason for 
 going to war, which fable, he adds, ' did in his days help the king 
 and the realm to spend many a fair penny.' The second tale he 
 proved not to be ^sop's, and utterly turned the application of both 
 from himself to the relator.""' 
 
 Audley, who "was a most zealous promoter of the suppression"' 
 of the monasteries, "secured no inconsiderable share ol the confis- 
 cations, 'carving for himself in the feast of abbey lands," as Fuller 
 humourously remarks,™ 'the first cut, and that a dainty morsel.' 
 This was the magnificent priory of the Holy Trinity or Christ church 
 in Aldgate, London, founded in the reign of Henry I. He pulled 
 down the great church and converted the priory into a mansion for 
 himself, in which he resided during the remainder of his life. It was 
 subsequently called Duke's Place, from his son-in-law, the Duke of 
 Norfolk. To this were next added many of the smaller priories in 
 
 "' Id. Mr. Foss supposes that " per- and was well disposed of in the opinions 
 
 haps there is one exception;" the case of of Ld. Donman, C. J. 2 Per. and Dev., 
 
 Ferrers in 34 Hen. VIII. That case pp. 125, 126, and Coleridge, J. Id., 
 
 was relied on by Sir yohn Campbell pp. 2H, 212. 
 
 when attorney-general in Stockdale '''"' Foss's Biogr. Jurid. 
 
 V. Hansard, &'c., 2 Per. and Dav., "'^ Id. 
 
 pp. 68, 69; 9 Adol. and El. (cited in ™i Fuller's Worthies, edi. 1840, 
 
 6 Rob. Pract., ch. 62, ? 9, p. 932 to 937) ; pp. 507, 508. 
 
1054 Reign of Henry VIII [tit. vii 
 
 the neighborhood of Colchester. But he was not satisfied with even 
 these extensive spoils."™ 
 
 He applied for a grant of the site and lands of the dissolved abbey 
 at Walden in Essex; saying 'I have in this world susteyned ^r^a^^ 
 damage and infamie in serving the Kynge's Highness, which this 
 grant shal recompens.' From the plunder he took his title; the 
 king, on Nov. 29, 1538, raising him to the peerage as. Baron Audley 
 of Walden. It is stated that " the order of the Garter was soon 
 after disgraced by his admission among its members." The oppro- 
 brium that rested on him may have been somewhat lessened by his 
 "appropriation of part of his wealth to the restoration of the college 
 in Cambridge which Edward Stafford, duke of Buckingham, had 
 left incomplete ; obtaining the King's license to change its name of 
 Buckingham college to that of St. Mary Magdalen." He died April 
 30, 1544. His remains were deposited under a magnificent tomb 
 •erected by himself in his chapel at Walden."* 
 
 JO. Of Robert Southwell, master of the Rolls from fuly i, 1^41; 
 a?id Thomas Wriothesley, keeper of the Great Seal from, April 
 22, IS44, until May j, and from that day Lord Chancellor. 
 Stain upon his memory for torturing Anne Askew a worthy 
 young lady ; and attempting to injure her frieiid the Queen. 
 
 In 1 54 1, on July i, Robert SouthweW'^ was appointed Master of • 
 
 ™ Foss's Biogr. Jurid. (which he inherited from his mother) 
 "* Campbell's Lives of Chancellors, the stately mansion called in memory of 
 ch. 34, pp. 620, 621 of vol. I, 2d edi. her father, Audley End." Id. 
 (1846), pp. 105, 106 of vol. 2, Boston '25 His family took its name from the 
 edi. 1874; Foss's Biogr. Jurid. He was town of Southwell in Nottinghamshire, 
 married first to a daughter of Sir records of which are as old as the reign 
 Thomas Barnardiston of Keddington, of Edward I. One of its branches was 
 Suffolk, and secondly to Elizabeth, established at Felix Hall in Essex, 
 daughter of Thomas Grey, Marquis of Francis Southwell, auditor of the Ex- 
 Dorset ; but left no son. One of his chequer to Henry VIH, married Doro- 
 two daughters by his last wife died thy, daughter and heir of William 
 unmarried. The other became the wife Tendring, Esq. Their . eldest son was 
 first of Lord Henry Dudley, a younger Sir Richard Southwell, privy councillor 
 son of John the first, Duke of Northum- to Henry VHI, and ancestor of the 
 land, and secondly of Thomas, Duke of Baroness de Clifford. Their second son 
 Norfolk, by whom she had a son, who was Robert, who after studying at the 
 erected on the ruins of Walden abbey Middle Temple became reader there in 
 
•CH. XXX.J 
 
 1509 TO 1546-7. 
 
 1055 
 
 the Rolls, and knighted. In November he was one of the king's 
 commissioners at Calais. He had, in the distribution of estates of 
 suppressed monasteries a grant of Bermondsey abbey; and on its 
 site erected a capital mansion."^ 
 
 During the last sickness of Lord Chancellor Audley, the Great 
 Seal was placed, April 12, 1544, in the hands of Thomas Lord 
 Wriothesley}"" 
 
 The King committed it to him " to keep and exercise during the 
 infirmity of the said Lord Chancellor, with authority of doing and 
 exercising all and singular matters which the Lord Chancellor of 
 England, by virtue of his office, might do and execute. But Audley 
 
 autumn 1 540. His connection with the 
 court is evidenced by entries in the 
 books of the privy council. He was 
 employed in Octo., 1540, to enquire into 
 a riot in Surrey county; in January, 
 1541, he was one of the Masters of the 
 Court of Requests, and was directed to 
 search the coffers of one Mason, and 
 provide him with bedding, &c., in the 
 Tower ; in April he was joined with the 
 president and council of the North in a 
 commission of Oyer and Terminer. 
 Foss's Biogr. Jurid. '^* Id. 
 
 '^' His grandfather. Sir John, firjt 
 noticed as Faucon herald, was ad- 
 vanced in the reign of Edw. IV suc- 
 cessively to the offices of Norroy and 
 Garter king at arms. Both of Sir John's 
 sons were brought up to the same study — 
 the elder, Thomas, becoming Garter; 
 and the younger, William, being York 
 herald and father of the chancellor. 
 The chancellor was born at Garter court 
 in Barbican, and educated at Cam- 
 bridge. He was in 1529 clerk to the 
 ■coflFerer of the household, and in 1530 
 ■clerk to the signet under the king ; and 
 probably in the latter character accom- 
 panied Mr. Brereton, one of the gentle- 
 men of the privy chamber on a message 
 from the king to Wolsey at Southwell. 
 He was entered at Gray's Inn in 1534; 
 
 was in 1537 appointed coroner and 
 attorney in the common pleas; and in 
 1538 one of the king's secretaries, and 
 knighted. Although he favoured those 
 who were devoted to the old religion, 
 by changing the rigours with which the 
 Friars Observant were pursued, into 
 banishment from England; yet he so 
 accommodated himself to the king's 
 caprices, that he was employed on 
 several important missions, one of which 
 was the negotiation of a treaty of mar- 
 riage between Henry and Christiana, 
 duchess of Milan, the second daughter 
 of the king of Denmark, in which he 
 failed. He was afterwards one of the 
 special counsel assigned to receive the 
 declaration of Anne of Cleves, by which 
 she abandoned her matrimonial rights 
 (Kal. Excheq. i, Introd. cii). He was 
 made constable in 1540 of Southampton 
 castle, and two years afterwards of that 
 of Porchester; to these appointments 
 were added the profitable one of cham- 
 berlain of the Exchequer. He was one 
 of the commissioners for a treaty with 
 the Emperor Charles, and was raised 
 to the peerage by the title of Baron 
 Wriothesley of Tichfield, in Hants, the 
 monastery of which had been granted to 
 him. Foss's Biogr. Jurid. ; Miss Strick- 
 land's Queens of Engl., vol. 5, pp. 50, 51. 
 
1056 Reign of Henry VIII [tit. vir. 
 
 soon after dying, Wriothesley was made chancellor the third of May 
 following." ''^^ 
 
 After that day (May 3) six months did not tlapse before the special, 
 commission "dated 17 Oct. 36 Hen. VIII." 
 
 It is "to Sir Robert Southwell, Master of the Rolls, and to three 
 Masters, reciting that the said Lord Wriothesley, then chancellor, 
 was so continually employed by the King's commandment about his 
 weighty affairs that he was not sufficient to dispatch, hear and deter- 
 mine the causes depending in chancery; and therefore the King 
 being willing that in the absence of the chancellor justice should be- 
 done to all his subjects, he assigns the said Master of the Rolls, and 
 three Masters, and any three or two of them, to examine and deter- 
 mine all matters in chancery, and that all and singular judgments and 
 final decrees made by them, or any two of them, should be of as 
 great and like value, efficacy, strength and virtue, as if given by the 
 Lord Chancellor and Court of Chancery: Provided, that all such 
 judgments and decrees be signed with the hands of three or two of 
 them, and therein be presented and delivered to the chancellor, that 
 the chancellor may likewise sign them with his hand before they are- 
 enrolled.""' 
 
 After the date of this last commission but little more than six 
 months had elapsed when, in 39 Hen. VIII, on the gth of May, 1545, 
 by the Lord Chancellor Wriothesley, were " orders taken as touching^ 
 the Chancery;"'™ whereof two are as follows: 
 
 " That no injunccyon nor cerciorari nor corpus cum causa be put to 
 the scale by any person onles my Lord's hand be to the wrytt, 
 except the same be granted in open court by the Maister of the Rolls 
 in the Lord Chancellor's absence, and in that case the said Maister of 
 the Rolls to put his hand to the said wrytt." 
 
 "That the syx clerks during the tyme of the court do stond at the- 
 barres of the chauncery, three on the one side and three on thother, 
 gevying attendance to the court without speking or cryeing, but when 
 they shall be conjmanded by the courte." 
 
 '28Legal Judic. in Ch., edi. 1727, '^In 12 Car. I, under Lord Keeper 
 
 p. 38 ; Foss's Biogr. Jurid. Coventry's order of 2Sth April, 1636, 
 
 ™ Ryder, vol. 15, p. 258. The Ian- the Master of the Rolls (Sir Dudley 
 
 guage of the text is from Legal Judic. Digges) made a certificate or report as 
 
 in Ch., edi. 1727, pp. 149, 150. Lord to the authority of said orders. " Or- 
 
 Campbell's observations are in Lives of ders of the High Court of Chancery'' 
 
 Chancellors, ch. 35, p. 645 of vol. i, (published by Geo. Williams Sanders), 
 
 edi. 1846, p. 128 of vol. 2, Boston edi. edi. 1845, part i, pp. 8, 9, and p. 189 to- 
 
 1874. 193. 
 
CH. XXX.] 1509 TO 1546-7. 1057 
 
 "In the summer of 1545" William Paget (mentioned in § 10, 
 p. 978, and § 26, p. 1049,) " negotiated, in concert with the Chancellor 
 Wriothesley and the Duke of Suffolk, the terms of the marriage of 
 the Princess Margaret'" to Matthew Stuart, Earl of Lenox, and many 
 other important matters relative to Scotland, and was soon after joined 
 jn commission with the Earl of Hertford to manage" the "treaty with 
 France." ™ 
 
 Anne Ascue, or Askewe, daughter of Sir William Askewe of Lin- 
 colnshire, is mentioned as " a young lady of great beauty, of gentle 
 manners and warm imagination."™ Dr. Fuller, in his church his- 
 tory, treated of "her piety and patience when first wracked in the 
 Tower, then burnt in Smithfield"; in another work"* he says, "she 
 went to Heaven in a chariot of fire July 16, 1546." 
 
 The whole of her offending was, in conversation saying, that 'in 
 her opinion after a consecration of the elements in the sacrament of 
 the Lord's supper, the substance of bread and wine still remain in 
 them;"™ and (after she was examined before the council and com- 
 mitted to prison on a charge of heresy) writing to the King, that "aa 
 to the Lord's supper, she believed as much as Christ himself had 
 taught or the Catholic church required, but that she could not assent 
 to his Majesty's explication of the doctrine." ™ 
 
 Anne was one of the Queen^ maids. Miss Strickland says : 
 
 Her supposed connexion "with the Queen caused her to be singled 
 out for the purpose of terrifying or torturing her into confessions that 
 might furnish a charge of heresy or treason against her royal mis- 
 tress." Anne's " unexpected firmness bafHed this design." 
 
 "When Sir Anthony Knevet, the lieutenant of the Tower, endeav- 
 ored by his directions to the jailor, to modify the ferocious, and it 
 seems illegal, requisition of chancellor Wriothesley to inflict severe 
 agonies on the tender but unshrinking victim, his lordship threw off 
 his gown, and with the assistance of his pitiless accomplice. Rich, 
 
 "1 Sister of Henry VIII. ™ 7 CoUyer's Engl., pp. S2, 83 ; 
 
 ™ Lodge's Portr., vol. 2, No. 12. 3 Hume's Engl., ch. 33, N. Y. edi. 
 
 ^Campbell's Lives of Chancellors, 1851, pp. 301, 302; 2 Turner's Hen 
 
 edi. 1846, vol. I, p. 646, edi. 1874(605- VIII, edi. 1827, p. 487; 6 Lingard's 
 
 ton), vol. 2, pp. 128, 129. Engl., ch. 5, pp. 351, 352. 
 
 ™2 Fuller's Worthies, edi. 1840, "6 Campbell's Lives of Chancellors, 
 
 p. 271. edi. 1874 (Boston), vol. 2, p. 129. 
 67 
 
1058 
 
 Reign of Henry VIII 
 
 [tit. VII 
 
 worked the rack till, to use Anne's own words, they well nigh 
 plucked her joints asunder."' When the lieutenant of the Tower 
 found his authority thus superseded, he promptly took boat, and 
 proceeding to the King, indignantly related to him the disgusting 
 scene he had just witnessed. Henry affected to express great dis- 
 pleasure that a female should have been exposed to such barbarity, . 
 but he neither punished the perpetrators oi the outrage nor inter- 
 posed his authority to preserve Anne Askew from a fiery death.""* 
 
 In an attack upon the queen herself, it was thought, the chancellor 
 Wriothesley was encouraged by Gardiner, bishop of Winchester, and 
 others. It is said that a bill of articles against the queen, and a man- 
 date for her arrest were dropped by Wriothesley in the gallery at 
 Whitehall after the King's signature had been affixed; and were by 
 one of her attendants picked up and conveyed to her. Occupying 
 an apartment contiguous to that of the sick monarch, her shrieks 
 and cries reached his ears, and he sent to enquire what was the 
 
 '"2 Turner's Hen. VIII, edi. 1827, 
 pp. 528, 529, notes 79 and 80. Miss 
 Strickland's Queens of Engl., vol. 5, 
 p. 52. In the narrative transmitted by 
 Foxe ii, 578, as the composition of 
 Anne, the language is, " my lord chan- 
 cellor and master Rich took pains to 
 rack me virith their own hands till I was 
 nigh dead." 6 Lingard's Engl., p. 353, 
 note. Mr. Froude says this is " a 
 dreadful truth, related at first hand 
 from the pen of the sufferer herself." 
 4 Froude's Engl., ch. 27, p. 460. Lord 
 Campbell says : " I am sorry for the 
 honour of the law to say that Griffin, the 
 Solicitor-General, was present at this 
 scene, and instead of interceding for 
 Anne, recommended himself to the 
 Chancellor by tightening the rope with 
 his own hand to add to her torture." 
 Lives of Chancellors, ch. 35, p. 647, 
 note, 2d edi. (1846.) In the Boston 
 edi. of 1874, vol. 2, p. 130, are these 
 additional words : " This is said to be 
 the only instance of a woman being put 
 to the torture in England. See Jar- 
 
 dine's Reading on Torture, p. 65." 
 
 '28 Miss Strickland's Queens of Engl., 
 vol. 5, p. 52. In the account which 
 follows, of Anne being " borne to her 
 funeral pile," it is said "her fearless 
 demeanour encouraged and strengthened 
 the* resolution of the three men who 
 shared with her the crown of martyr- 
 dom." Id., p. 53. The i6th of July, 
 1546, was the day on which they were 
 chained to a stake and burnt to death. 
 4 Froude's Engl., ch. 23, p. 461. Sir 
 George Blagge, who was in the same 
 condemnation, was a. great favorite with 
 the king, who in moments of familiarity 
 honoured him with the appellation of 
 his ' pig.' Henry on being informed of 
 his condemnation sent for Wriothesley, 
 and commanded him to draw out a 
 pardon. Blagge on his release flew to 
 thank the King, who seeing him cried 
 out, ' Ah ! my pig, are you here safe 
 again!" 'Yes, sire,' said he, 'and if 
 your Majesty had not been better than 
 your bishops, your pig had been roasted 
 ere this time." 
 
■CH. XXX.] 1509 TO 1546-7. 1059 
 
 matter. The messenger was informed by the queen's physician that 
 she was dangerously ill, and that her sickness was caused by dis- 
 tress of mind. The King being then unable to walk was carried in a 
 -chair into her apartment; and there evinced much sympathy. In 
 this interview Katharine behaved in so humble and endearing a 
 manner, and so completely adapted herself to the King's humour, 
 that in the excitement caused by the reaction of his feelings, Henry 
 let her physician know of the plot against her life. The physician 
 acted as mediator; and next evening the queen found herself well 
 enough to return the King's visit ; being attended to his chamber by 
 her sister, lady Herbert, and the King's young niece^ lady Jane Grey. 
 Henry welcomed her very courteously, but soon turned the conver- 
 sation to what had been a subject of controversy. She avoided 
 the snare by observing that she was but a woman, with the imper- 
 fections of her sex, and in matters of difficulty "must refer herself 
 to his majesty's better judgment, as to her lord and head ; for so 
 God hath appointed you" (continued she) "as the supreme head of 
 us all, and of you, next under God, will I ever learn." 
 
 " ' Not so, by St. Mary,' said the King, ' ye are become a doctor, 
 Kate, to instruct us, and not to be instructed of us, as oftentime we 
 have seen.' ' Indeed,' replied the queen, ' if your majesty have so 
 conceived, my meaning has been mistaken, for I have always held it 
 preposterous for a woman to instruct her lord; and if I have ever 
 presumed to differ with your highness on religion, it was pardy to 
 obtain information for my own comfort, regarding certain nice points 
 on which I stood in doubt, and sometimes because I perceived that 
 in talking, you were better able to pass away the pain and weariness 
 of your present infirmity, which encouraged me to this boldness, in 
 the hope of profiting withal, by your majesty's learned discourse.' 
 'And is it so, sweetheart?' replied the King, 'then are we perfect 
 frien'Qs.' He then kissed her with much tenderness, and gave her 
 leave to depart." 
 
 " On the day appointed for her arrest, the King being convales- 
 cent, sent for the queen to take the air with him in the garden. 
 Katharine came, attended as before by her sister, lady Jane Grey and 
 lady Tyrwhyt. Presently the lord-chancellor Wriothesley, with forty 
 of the guard, entered the garden, with the expectation of carrying off 
 the queen to the Tower, for he had not received the slightest intima • 
 tion of the change in the royal caprice. The King received him 
 with a burst of indignation, saluted him with the unexpected address 
 of ' Beast, fool and knave,' and sternly withdrawing him from the 
 vicinity of the queen, he bade him 'avaunt from his presence.' 
 
1060 Reign of Henry VIII [tit. vii 
 
 Katharine when she saw the King so greatly incensed with the 
 chancellor, had the magnanimity to intercede for her foe, saying ' she 
 would become a humble suitor for him, as she deemed his fault was 
 occasioned by mistake.' 'Ah ! poor soul,' said the King, 'thou little 
 knowest, Kate, how evil he deserveth this grace at thy hands. On 
 my word, sweetheart, he hath been to thee a very knave." ™ 
 
 31. The King's last appearance in parliament was in that of 37 
 Hen. Vin(_iS45); its statutes and his speech. Of his weakness 
 in 1546. 
 
 Statutes made in the Parliament begun at Westminster on Nov. 23, 
 in 37 Hen. VIII (1545), embrace twenty-five chapters;"" among 
 which are the following : 
 
 Ch. I. "An act for the offices of the custos rotulos.""' 
 
 Ch. S. "An act that an indictment lacking these words, vi et armis, 
 shall be sufficient in law." '*'■' 
 
 Ch. 9. "An act against usury." '" 
 
 Ch. 17. "An act that the Doctors of the Civil Law may exercise 
 ecclesiastical jurisdiction." "* 
 
 On Dec. 24 (1545), when the business of this parliament was over, 
 Henry, instead of his chancellor, made the answer, wherein Mr. 
 Turner observes: "We have an exhibition of some of the features 
 of his mind and sentiments at the latter period of his life, in his own 
 
 '39 7Coll.Engl., p. 831086; 3 Hume's Strickland's Queens of Engl., vol. S, 
 
 Engl., ch. 33, p. 302 to 304; I Lodge's p. 52 to 58. Recently it has been said 
 
 Portr., No. 17. Although John Fox is "the popular legend can pretend to no 
 
 cited as authority, yet Dr. Lingard says authenticity of detail." Froude's Engl.^ 
 
 it is " a question among the more ch. 23, p. 455. The author of the 
 
 ancient writers, whether the King was present volume has not had an oppor- 
 
 in earnest. By some the proceeding has tunity of examining the volumes of >Fox, 
 
 been represented as a scheme of his own Herbert, Speed, Soames, Tytler and 
 
 contrivance, to wean his wife from an Rapin, which are referred to by Miss 
 
 attachment to doctrines which might in Strickland for what is above extracted 
 
 the sequel conduct her to the stake or from her work. 
 
 the scaffold." 6 Lingard's Engl., ch. 5, ""3 Stat, of the Realm, pp. 984 to 
 
 PP- 35i> 352- In most respects the 1,032. 
 
 account in Collyer, Hume and Lodge, is '*^ Id., p. 985 ; I ' Statutes Revised,' 
 
 similar to that in Campbell's Lives of edi. 1870, pp. 524, 525. 
 the Chancellors, ch. 35, p. 648 to 650 of '** 3 Stat, of the Realm, pp. 995, 996^ 
 
 vol. I, 2d edi. (1846,) p. 130 to 133 of ''^ Id., pp. 996, 997. 
 
 vol. 2d, Boston edi. 1874; and in Miss ''^ Id., p. 1,009. 
 
•CH. XXX.] 1509 TO 1546-7. 1061 
 
 language, which has the air of being extemporaneous." This was 
 his last appearance in pariiament."' 
 
 On Aug. 31, 1546, Sir Anthony Denny'" "was joined in a com- 
 mission with two other trusty servants of the crown to sign all public 
 instruments in the King's name. Henry had fallen into such weak- 
 ness as to be incapable of performing that office with his own hand." 
 
 Mr. Lodge thinks it probable " that this high trust was exercised 
 by Denny and his colleagues merely for the short interval between 
 the commencement of the King's inability and the completion of the 
 stamp.""' 
 
 ,J2. Part taken by Southwell, Master of the Rolls, and by Lord Chan- 
 cellor Wriothesley in the prosecution of the Duke of Norfolk and 
 his son Henry Howard, Earl of Surrey. In Jan., i^^d-y, the 
 son perished o?i the scaffold; the father survived the King. 
 
 Of proceedings in the reign of Henry VIII for capital crimes, "* 
 ■one of the last was against Thomas Howard, third duke of Norfolk, 
 and his son, Henry Howard, earl of Surrey;'" a son. Sir James 
 Mackintosh, says : 
 
 " So justly renowned by his poetical genius, which was then sur- 
 passed in his own country by none but that of Chaucer; by his 
 happy imitations of the Italian masters ; by a version of the ^neid, 
 ■of which the execution is wonderful, and the very undertaking be- 
 tokens the consciousness of lofty superiority ; by the place in which 
 we are accustomed to behold him at the head of the uninterrupted 
 series of English poets — that we find it difficult to regard him in 
 those inferior points of view of a gallant knight, a skilful captain, 
 
 '^^a Turner's Henry VIII, edi. 1827, l Dy. 93<J/ stated post, in ch. 32, \ 5. 
 p. 539. There is an account of the '*8 0f "proceedings against various 
 
 speech in Id., pp. 540, 541 ; and in persons in the reign of Hen. VIII for 
 
 Campbell's Lives of Chancellors, ch. 35, treason in denying the King's su- 
 
 p. 651 of vol. I, 2d edi. (1846.) p. 134 premacy; and other capital crimes prin- 
 
 of vol. 2, Boston edi. 1874; 4 Froude's cipally relating to religion," there is an 
 
 Engl., p. 448 to 452. account in i State Tr., p. 469 to 484, 
 
 '**A picture of Sir Anthony, from the taken from Burn. Reform. 351, etseq. 
 original of Holbein, in the collection of "' 7 CoUyer's Engl. p. 86 to 89 ; 
 
 the Earl of Radnor, is in Lodge's Portr., 3 Hume's Engl., ch. 33, p. 304 to 307 ; 
 
 vol. I, No. 19. 2 Turner's Hen. VIII, edi. 1827, p. 514 
 
 '«" Which it has been pretty vsrell 10516; 6 Lingard's Engl., ch. 5, p. 356 
 
 ascertained that Henry used to apply to 362; Miss Strickland's Queens of 
 
 with his own hand." Ibid. Under Engl., vol. 5, p. 59 to 61 ; 4 Froude's. 
 
 what circumstances it was applied by Engl., p. 466 to 478. 
 another see Duke of Norfolk's case, 
 
1062 Reign of Henry VIII [tit. vir 
 
 and an active statesman." The earl, "with his father, was on the 
 1 2th of December, 1546, imprisoned in the Tower. The legal ground 
 of the proceeding was the sweeping section of more than one recent 
 statute which made it high treason 'to do anything by word, writing 
 or deed, to the scandal or peril of the established succession to the 
 crown.' The only overt act alleged" was "having assumed the armo- 
 rial bearing of Edward, the confessor, "which had been hitherto, 
 exclusively used by his majesty, and his predecessors, kings of Eng- 
 land.""^" 
 
 In the proceedings '^^ some part was taken by the Master of the 
 Rolls {Robert Southwell) and by the Lord Chancellor Wriothesley. 
 Lord Campbell says of Wriothesley, that instead of resisting the 
 prosecution, he sanctioned and promoted it.'"" On the absurd charge, 
 and on insufficient evidence, Surrey was, in January 1546-7, at Guild- 
 hall tried and convicted on the 13th of high treason; and on the 
 19th beheaded on Tower Hill. A fine picture of him, from the origi- 
 nal in the Duke of Norfolk's collection, accompanies the article in. 
 Lodge's Portr., vol. i, No. 15, wherein is this statement: 
 
 " His body was interred near the scene of his death, in the church 
 of All-hallows, Barking, but was removed from thence, in the year 
 1614, to Framlingham, in Suffolk, where it lies under a superb monu- 
 ment, erected to his memory by his second son Henry, Earl of North- 
 ampton." 
 
 The Duke of Norfolk, against whom there was a bill of attainder, 
 escaped by King Henry's death on the night before that morning on 
 which the Duke's life was to have been taken, but the Duke remained 
 a prisoner during the reign of Edw. VI.'*^ Lord Campbell condemns 
 the Lord Chancellor Wriothesley's course both as to the son and the 
 father, — 
 
 " Making himself accessory to the murder of the son, and not 
 
 '™2 Mackintosh's Engl., Phila. edi. '^s Howard Family, edi. 1769, p. & 
 
 1831, pp. 198, 199; 1541-2, 33 Hen. and p. 28; i Walpole's royal and noble 
 
 VIII, ch. 14, p. 144 of Bailey's Success. authors, p. 96; 6 Lingard's Engl., ch. 5, 
 
 to Engl. Crown, edi. 1879. Mr. Bailey p. 359 to 362; 2 Mackintosh's Engl., 
 
 believes the accusations against Surrey to Phila. edi. 1831, p. 198; Miss Strick- 
 
 have been true. Id., p. 138 and p. 149. land's Queens of Engl., vol. 5, pp. 6o^ 
 
 '"i State Tr., p. 452 to 474. 61, and p. 188, note. His discharge in 
 
 '*!* Lives of Chancellors, ch. 35, p. 653 Mary's reign is mentioned in vol. 2» 
 
 of vol. I, 2d edi. (1846,) pp. 135, 136 of ch. 32, | i and \ 5. 
 Boston edi. 1874. 
 
CH. XXX.] 1509 TO 1546-7. 1063 
 
 having likewise to answer for that of the father, only by being sud- 
 denly freed from the inhuman master, whose commands he was afraid 
 to disobey or question.""* 
 
 jj. Of Edward Seymour, Earl of Hertford, uncle to the King's son 
 Edward; and the relations between Hertford and the Earl of 
 Surrey. By the King's will made in December, 1546, there was 
 given to Hertford a power which was not given to Surrey or his 
 father. Of King Henry's death in fan. 1^1:1.6-^ ; of proceedings 
 in parliament on the 2gth and 31st ; and his vault at Windsor 
 castle. Of Queens fane Seymour and Katharine Parr ; and 
 Henry's character. 
 
 After the King's marriage with Jane Seymour and the act of set- 
 tlement thereupon, (28 Hen. VIII, c. 7, § 9,) her brother Edward was 
 raised (June 5, 1536,) to the dignity of Viscount Beauchamp, and on 
 Octo. 18, 1537*, (being a few days after Prince Edward's birth,) was 
 created Earl of Hertford. Subsequently he received from time to 
 time new marks of the king's favor and confidence, and was in im- 
 portant positions."" Speaking of the Earl of Surrey, in 1545, Mr. 
 Lodge says : 
 
 " It has been thought that Hertford, then the rising favourite, and 
 of consequence jealous of the Howards, had prejudiced the King 
 against him. Certain it is that Surrey, irritated to the utmost by the 
 revocation of his command in France, had indulged in bitter and 
 contemptuous remarks and sarcasms on Hertford, to whose influence 
 he ascribed it, and had even menaced him with revenge under a new 
 reign, a threat most offensive to Henry, whose health was then daily 
 declining; and Hertford is supposed to have heard dnd repeated those 
 speeches to the King. These, however, are but conjectures ; all that 
 can be safely affirmed is, that amidst this obscurity the downfall of 
 Surrey originated." 
 
 That steps for it were taken in the absence from London of the 
 premier (Norfolk) is manifest; Dec. 12, 1546, the day on which Sur- 
 rey was suddenly arrested, being also the day of the arrest of the 
 Duke, his father, who had on that day arrived in London}^^ The act 
 of setdement, (23 Hen. VIII, c. 7, § 9,) and the statute of 35 Hen. 
 
 '" I Campbell's Lives of Chancellors, p. 240, p. 292, and p. 298 ; Lodge's 
 ubi supra. Portr., vol. I, No. 15. 
 
 '553 Hume's Engl., N. Y. edi. 1851, ''^ Id.,yo\. i, No. 15. 
 
1064 Reign of Henry VIII [tit. vii 
 
 VIII, beihg remembered, there was before the end of the same De- 
 cember executed Henry's will, whereby, during Edward's minority, 
 powers of government were vested in executors. Of them one was 
 the Earl of Hertford, and none was the Duke of Norfolk or the Earl 
 of Surrey.'" 
 
 Recognition of this instrument, as the act of a man of sound 
 mind and a valid will, is a serious difficulty in the way of ascribing 
 to insanity, as Mr. Lodge thinks "it were charity to the memory 
 of the tyrant" to do, his "last superlative enormity," — the arrest 
 and condemnation to death of " the Duke of Norfolk, and of his 
 admirably accomplished son, the Earl of Surrey." '^ 
 
 On the night of Friday, the 28th — being about two in the morn- 
 ing of the 29th — of January, 1546-7, in the fifty sixth year of his 
 age, and the thirty-eighth of his reign, Henry the Eighth died in 
 his palace at Westminster."" Sir James Mackintosh says: 
 
 " On Saturday, the 29th, parliament met according to their ad- 
 journment and transacted ordinary business. It was not till Mon- 
 day, the last day of January, ' that in presence of all the peers, and 
 of the knights and burgesses, Wriothesley, the chancellor, announced 
 to them the decease of their late dread lord." — " At last, however, when 
 they had composed their lamentations and consoled their grief by 
 calling to mind the promise of ability and virtue already given by 
 Prince Edward, and having heard a great part of the king's testa- 
 ment read by Sir William Paget, Secretary of State, the present 
 parliament was declared by the lord chancellor to be dissolved by 
 the demise of the crown." '"' 
 
 '^'3 Hume's Engl., N. Y. edi. 1851, high treason, and condemned to die." 
 ch. 34, p. 320; 2 Mackintosh's Engl., I Lodge's Portr., No. 16. 
 Phila. edi. 1831, p. 199. Sir James '^That " at two o'clock in the night. 
 Mackintosh says : " As the selection between the sytk and 28th of January, 
 was made at the very moment of 1547, Henry VIII breathed his last," is 
 the downfall of the house of Howard the language in 2 Mackintosh's Engl., 
 (the leaders of the old nobility and the Phila. edi. 1831, p. 198; but the state- 
 chiefs of the old faith), the preponder- ment in the text is thought more accu- 
 ating influence of the Earl of Hertford rate. 7 CoUyer'sEngl., edi. I775,p. 89; 
 must be supposed to have presided over 3 Hume's Engl., ch. 33, N. Y. edi. 1851, 
 the choice of executors." Id., ch. 9, p. 307; 6 Lingard's Engl., Boston edi. 
 p. 206. 1855, p. 302; Miss Strickland's Queens 
 
 '68 Of whom he says: "They were of Engl., Phila. edi. 1857, vol. 5, p. 62. 
 suddenly arrested, and without a single '*'2 Mackintosh's Engl., Phila. edi. 
 
 proof of guilt, indeed almost without 1831, p. 199. 
 a single specific charge, arraigned of 
 
■CH. XXX.] 1509 TO 1546-7. 1065 
 
 Henry's body was conveyed to Windsor castle and laid by Jane 
 Seymour's side in a vault of St. George's chapel."' His will bears 
 high testimony to Queen Katharine Parr; it contains a bequest to 
 her "for the great love, obedience, chastity of life and wisdom being 
 in our forenamed wife and queen.""* 
 
 In the work of a " Master of English history" "' is the following 
 passage : '" 
 
 Henry II is the first of the three great kings who have left on 
 the constitution indelible marks of their own individuality. What 
 he reorganized Edward I defined and completed. The Tudor policy, 
 which is impersonated in Henry VIII, tested to the utmost the 
 ■soundness of the fabric: the constitution stood the shock, and the 
 Stewarts paid the cost of the experiment. Each of the three sover- 
 eigns had a strong idiosyncracy, and in each case the state of things 
 in which he acted was such as to make the impression of personal 
 -character distinct and permanent." "^ 
 
 That Henry VIII has made "the impression of personal charac- 
 ter distinct and permanent"; — that he had a strong idiosyncracy'; 
 
 ™' Miss Strickland's Queens of Engl., et seq. Her collection of prayers anU 
 
 vol. 4, pp. 224, 225, vol. S, pp. 64, 65. meditations was printed in 1545, 1546, 
 
 ™2/(i., p. 63. During her royal widow- IS47, 1548, and 1563; and was repub- 
 hood she resided at her fine jointure lished in 1831. Her ' Lamentations of a 
 house at Chelsea, on the banks of the Sinner,' written during her marriage 
 Thames. Id., p. 66. But that widow- with King Henry, was after her death 
 hood was brief: in her thirty-fifth year found among her papers, and published 
 she was still handsome, and she con- (1548 and 1563) with a. preface by 
 rented to a private marriage with a Secretary Cecil (afterwards Lord Bur- 
 former lover, Sir Thomas Seymour, leigh). Allibone's Diet. Miss Strick- 
 brother of Queen Jane ; this event took land remarks that " this little volume, 
 place in May, (1547,) but was not made next to the writings of Sir Thomas More, 
 public till the end of June. Id., p. 68. affords one of the finest specimens 
 Sudely or (Sudley) castle became their of English composition of that era." 
 place of residence. It is in Gloucester Queens of Engl., vol. S,pp. 34, 35. 
 •county, and is about eight miles from '^^ Pronounced "the greatest monu- 
 Cheltenham, and 95 from London. ment of English historical scholarship." 
 Their daughter Mary was born at Sud- Preface to vol. 5 of Freem. Norm. Conq., 
 ley Castle Aug. 30, 1548 ; on the seventh edi. 1876. 
 
 ■day after the child's birth the mother '**Only the first part of which is in 
 
 ■died (Sept. 5). She was interred in the ch. xi, g 18, p. 213. 
 
 chapel of Sudley; its then and present '^ i Stubbs's Const. Hist., cb. 12, 
 
 condition are mentioned in Id., p. 9S1 p- 44^. 
 
1066 Reign of Henry VIII [tit. vii 
 
 and that he has left "indehble marks of" his "own individuality:" — 
 these facts have come down to us from men who had ample op- 
 portunity of knowing them — his two great chancellors, Wolsey'*" and 
 
 Mofe. When complimented by Mr. Roper 'upon seeing the King 
 »* 
 walk with his arm about his neck,' More said: 
 
 "I thank our Lord, I find his grace a very good lord indeed, and 
 I do believe he dolh as singularly favour me as any subject within 
 this realm. Howbeit, son Roper, I may tell thee, I have no cause 
 to be proud thereof; for if my head would win him a castle in 
 France, it should not fail to go.""" 
 
 Henry " bore as great personal affection and regard to More, as 
 his imperious mind, the sport of passions, was susceptible of towards 
 a man who in any particular opposed his violent inclinations."'*'' 
 More appreciated that ' imperious mind,' when Cromwell, after enter- 
 ing Henry's service, came with a message from him to More. Then 
 after they had talked together, and before Cromwell went away, 
 More said to him : 
 
 "You are entered into the service of a most noble, wise and liberal 
 prince. If you will follow my poor advice you shall in your counsel- 
 giving to his majesty ever tell him what he ought to do, but never 
 what he is able to do " ; — " for if a Lion knew his own strength, hard 
 were it for any man to rule him.""" 
 
 This excellent advice was not followed. 
 
 "The absolute, uncontrolled authority which" Henry "maintained 
 at home, and the regard which he acquired among foreign nations,, 
 are circumstances which entitle him, in some degree, to the appella- 
 tion of a great prince; while his tyranny and barbarity exclude him 
 from the character of a good one. He possessed indeed great vigor 
 of mind, which qualified him for exercising dominion over men; 
 courage, intrepidity, vigilance, inflexibility ; and though these qual- 
 ities lay not always under the guidance of. a regular and solid judg- 
 ment, they were accompanied with good parts and an extensive 
 capacity." '™ 
 
 '66 Wolsey's view is in \ 6, p. 965. crease of dignity till he himself told me 
 
 '" I Seward's Anecdotes, p. 58. It that I might." 3 Id., p. 97. 
 
 was probably after More's execution that '^s 3 Uume's Engl., ch. 30, p. 211. 
 
 Erasmus observed: "When my friends '^^ 3 Seward's Anecdotes, p. 101. 
 
 have congratulated me that I had a ""3 Hume's Engl., ch. 33, p. 308 of 
 
 friend like More, placed in so eminent a N. Y. edi. 1851 ; 7 Collyer's Engl., edi^ 
 
 station, I was used to say that I would I77S, p. 91. 
 
 never congratulate him upon his in- 
 
CH. xxx.J 1509 TO 1546-7. 1067" 
 
 To Sir Walter Raleigh is ascribed the language that " if all the 
 patterns of a merciless tyrant had been lost to the world, they might 
 have been found in this prince." '" Long since Sir Walter's time 
 Henry VIII has been mentioned as " a man who was known never to 
 yield or to forgive."'" The Rev. J. Granger observes : 
 
 " He was more governed by vanity and caprice than principle ; 
 and paid no regard to mercy, not even to justice when it stood in the 
 way of his passions.""^ 
 
 Sir James Mackintosh supposes. 
 
 That "had he been only severe and stern, instead of plunging into 
 barbarism and butchery, his services might be commended, and some 
 allowance might be made for the necessity of curbing uncivilized 
 men by rough means."'" 
 
 Lord Campbell says : 
 
 "We may be amused by a defence of Richard III, but we can feel 
 only indignation and disgust at an apology for Henry VIII, whose 
 atrocities are as well authenticated as those of Robespierre, and are 
 less excusable.""* 
 
 "1 These words are quoted in Miss "*2 Mackintosh's Engl. Phila. edi. 
 
 Strickland's Queens of Engl., vol, 4, 183 1, p. 202. 
 p. 328. "* Canfpbell's Lives of Chancellors, 
 
 '" 7 CoUyer's Engl., and 3 Hume's ch. 33, p, 589 (note) of vol. i, 2d edi.. 
 
 Engl, adi szepra innote. (1846), p. 75 (note) of vol. 2, Boston 
 
 ™ 1 Biogr. Hist., edi. 3d (1779), p. 77. edi. 1874. 
 
1068 Appendix A. 
 
 APPENDIX A 
 
 (To Ch. XXX, § 13, p. 991 and note.) 
 
 Letter of Jan. 22, 1864, from Lord Wensleydale as to Copyright in 
 England; and as to Ampthill Park. 
 
 The author, when occupied with matters treated of in ' Robinson's Practice,' re- 
 ceived from Lord Wensleydale an interesting letter dated " Ampthill Park, Ampthill, 
 22 Jan., 1864;" from which the following is extracted: 
 
 " I am glad there is a chance of seeing you here, and shall not be sorry that the 
 law as laid down in Jefferys y.Boosey^ brings you here on so good an errand. I am 
 quite satisfied that the judges, with whom I concurred, laid down the law correctly as 
 to the Stat, of Anne applying only to English subjects, and that the term, ' English 
 subjects,' will be liberally understood ; but whether if a Frenchman came over on one 
 day from Calais to Dover, published there his work on the next day, and then went 
 back home, I am not so sure; and I advise you if you think it worth while to come 
 to pay a longer visit.^ If I should then happen to be in the country (that is to say 
 not in London) I shall be very glad if you would pay me a visit here. 
 
 Where I have a pretty country to shew you, and have a poem of Mr. Luttrell's on 
 Ampthill with notes, which will give you full particulars of its previous history. The 
 old castle, on the top of the eminence, close by, was built by Ix)rd Fanhope ; and 
 afterwards, in the time of Hen VIII, it was in the Crown. Queen Catharine resided 
 there during the proceedings for her divorce. The estate afterwards became the 
 property of Lord Ashburnham ; and Lord Ashburnham built the house in which I 
 live ; then it was transferred to Lord JUpper Ossory, left by him to Lord Holland. 
 Lord Holland bequeathed it to his widow and children ; they sold it to the Duke of 
 Bedford, and his Grace let it to me in effect for my life and that ot Lady Wensley- 
 dale." 
 
 The author never found it convenient to be in England except in 1853 (which was 
 more than ten years before the letter just mentioned), and never had the pleasure of 
 seeing Lord Wensleydale or Ampthill Park. 
 
 '30 Engl. L. and Eq. i, 4 Ho. of L. since Lord Wensleydale's letter, under 
 
 815. (l Rob. Pract., ch. 27, I 3, p. 145, consideration of the Queen's Bench in 
 
 and Preface, p. vi.) Wood v. Boosey, ^c, L. R. 2 Q. B., 345 ; 
 
 2 The International Copy-right Amend- and of the Exchequer Chamber m S. C, 
 
 jnent Act (7 Vict., ch. 12, \ i,) was, L. R. 3 Q. B., 223. 
 
Appendix B. 1069 
 
 APPENDIX B 
 
 (To Ch. XXX, § 26, p. 1049.) 
 
 As to removal of remains of James V of Scotland; especially as to a 
 rib said to have been removed by a medical student, and to be 
 now in Virginia, in Louisa county. 
 
 " Holyrood House" was a religious establishment long before it became a royal 
 residence. It was one of the numerous monasteries founded by the Scottish King: 
 David I.i 
 
 " In 1528 James V made great additions to the buildings " ; it is said he " rebuilt 
 the whole from the foundation." ^ 
 
 In 1544, " when Leith and Edinburgh were taken and sacked by the Earl of Hert- 
 ford (afterwards the Protector Somerset), the whole of the" abbey " church was burned 
 to the ground with the exception of the nave, which was subsequently used as a 
 chapel." ' 
 
 To this spot Dr. Samuel Johnson was carried in 1773.* Boswell says ; 
 
 " I spoke with peculiar feeling of the miserable neglect of the chapel belonging to 
 the palace of Holyrood-house, in which are deposited the remains of many of the' 
 kings of Scotland, and of many of our nobility. I said it was a disgrace to the 
 country that it was not repaired." ^ 
 
 Perhaps during the existence of such neglect there was a " removal of the 
 remains of James V." To ascertain whether there was such removal before the 7th 
 of March, 1 760, may give pleasure to some of those who may read part of a letter 
 dated ' Glenora, Virginia, May 5th, 1881,' from Mr. W. G. T. Nelson to his nephew, 
 R. E. Nelson, Jr., a professor in Maryland Agricultural College, which the latter 
 has delivered to the author of the present work. The writer of the letter makes as 
 to the remains of James V, and as to Dr. Robert Honyman, the following interest- 
 ing statement: 
 
 " I have seen in his" (Dr. H's) " own hand-writing that he left Kinneff in Kin- 
 cardineshire, Scotland, on the 7th of March, 1760, and took passage at Leith on 
 the frith of Forth, in a vessel bound for Charleston, South Oarolina. After a 
 voyage of more than three months, he landed at Charleston May 24th. Sub- 
 sequent to that period be was a Surgeon in the British Navy, but for what length 
 of time I do not know. He visited his relatives at Penrith, in Northumber- 
 land, England, in 1774. At the breaking out of the war of 1776, he was a resident 
 
 •Penny Magazine for 1832, Aug. 11, edge for 1835, p. 35 and p. 39. 
 
 p. 188. *4 Boswell's Johnson, edi. 1835, p. 35.^ 
 
 ^Id. 6/^., p. 106. 
 ' Id. ; also Pinnock's Guide to Knowl- 
 
1070 AppENqix B. 
 
 ■of Hanover county, Va., and served as Surgeon in the American army, during which 
 time he wrote the Diary spoken of in your letter. After the close of the war he 
 located in Hanover, on Little River, at a place he called " Kinneff," and practised 
 medicine for many years with eminent success in Hanover and the adjacent counties. 
 My Father, who knew him intimately, has often told me that Dr. Honyman was one 
 of the best classical scholars he ever knew, and was likewise well read in almost 
 every department of the literature of his day. He was a graduate of Medicine in 
 one of the Scotch Universities (Edinburgh I believe), and was vastly superior in 
 information and understanding to any physician in the region of country in which he 
 practised. He was so fond of the Classics, that he carried a copy of Juvenal in his 
 pocket, wherewith to amuse himself in his leisure hours. 
 
 While a Medical Student he was present at the removal of the remains of James 
 the Fifth of Scotland, and found an opportunity to secrete one of the ribs ai the 
 Royal Skeleton, which he brought with him to this country, and always regarded it 
 as a sacred relic. In his last will he bequeathed it to his only son. Dr. Robert 
 Bruce Honyman. 
 
 My Father, as executor of Dr. H., delivered the rib to Robert Bruce Honyman, 
 and took his receipt for the same, which is now in my possession. Dr. Robert B. 
 Honyman died, leaving a widow, but no children. His wife afterwards married, 
 and died a few years ago, leaving descendants by her last marriage. The rib is now 
 in Louisa county, in possession of some of those descendants. A strange destiny 
 for one of the ribs of ' Snowdoun's Knight and Scotland's King.' But what is 
 strange that happens to a Stuart! Dr. Honyman died in the year 1824, at a very 
 -advanced age." 
 
Index. 
 
 The figures denote the pages ; the letter (n) indicates note or notes at the bottom of 
 pages. The writer indulges the hope that in libraries of those possessed of this 
 index, it may prove a convenience in some proportion to the great trouble which its 
 preparation has caused him. 
 
 ABBEYS. For dissolution of, act of 1539, 31 Hen. VIII, ch. 13 1032 
 
 ABBO, notable scholar in Gaul 78 (n) 
 
 ABBOT of St. James, extra Northampton. In reign of Edw. II, enrolled in Chan- 
 cery to come to parliament for relief. What was ordained by the Chancellor 
 
 with his council of the chancery 511, 512 
 
 ABDUCTION, in 1378, 2 Ric. II, of Margery, daughter of John Nerfound, son 
 
 of Lady Neville 644, 645 
 
 ABEL, John, before and after 1312. Then made a baron of the Exchequer. 
 
 Probably removed in 14 Edw. II; died l5 Id 498 (and n), 503 (and n) 
 
 , Thomas, 1540, in Stat. 32 Hen. VIII, ch. 40, \ 10 1043 (and n) 
 
 ABYNGDON, Richard de, 12 to 18 Edw. I, Chamberlain of North Wales. Baron 
 
 from 27 Edw. I till the end of the reign 400 (and n) 440 (and n) 
 
 Under Edw. II, a baron till 9 Edw. II. What happened then. When he 
 
 died; where buried 486,487 (andn); 497; 503, 504 (and n) 
 
 ACCIDENT. Definition of, by Porphirius....:,. 414 
 
 ACCIUS, the poet. His action for damages 283 
 
 ACCOMPLICE. In 1536, Queen Anne Boleyn sentenced to death upon hearsay, 
 
 and forced confessions by accomplices not produced 1017 
 
 ACCOUNT, action of. See tit. 'Process in chill cases' 
 
 ACCURSIUS, a professor of, and writer on, law, who died in 1229. At Bologna, 
 sepulchre of him and his son Francis 382 (n) 
 
 1273. That son taken into service of Edw. I; tho' citizens of BoKogna tried 
 to prevent his departure 382 (n) 
 
 1274, the son followed Edward to London. From Sept. 2 employed in State 
 affairs 382 
 
 1275-6 (4 Edw. I), session of parliament marked by his attendance 389 
 
 During his years in Edward's service, where Francis was, and what was appro- 
 priated for his use 383, 384 (and n) 
 
 1281, left England. What was given him then; what paid afterwards...384 (n) 
 
 1282, again a teacher in Bologna 384 (n) 
 
 1293, died. Directions in his will 384 (n) 
 
 ACCUSATION. Under Magna Charta, what necessary to put a man to his law, 
 
 256, 296 (n) 
 ACRE, in 1191, when entered by Christians; to whose custody committed, 
 
 219 (and n) 
 
 ACTON-BURNELL, place of Chancellor Burnell's birth and residence. Hall 
 
 there wherein was passed statute of merchants, or statute of Acton-Burnell, 
 
 399, 400 (and n 
 
 ADAMSON, wrote travels of Arcuulfus 47 (n) 
 
 ADDISON. Whether more of his words are from the Saxon than the Latin 102 
 
II Index. — {Adelicia) 
 
 ADELICIA (or Alice), daughter of Duke of Louvain; married in 1121, Hen. I;: 
 
 in 1 138, William de Albini 152, 164 
 
 In 1 139, whom she protected at Arundel castle 164 
 
 1151, died; queens descended from her 166 [ny 
 
 ADMINISTRATION in country made a Roman province 3, 4. 5 
 
 Hen. II a legislator and administrator 213 
 
 In Norman reigns, a strong administrative system 273 (n) 
 
 In Anglo-Saxon times, of an intestate's goods 177 
 
 '357> 31 Edw. I, Stat. I, ch. 2, as to administration of intestate's estate, 
 
 603 (and n) 
 1540, Stat. 32 Hen. VIII, ch 37, as to rents, "for recovering of arrearages by 
 
 executors and administrators." 1042 
 
 See also tit. Executors, 
 ADMIRAL AND ADMIRALTY. Ancient jurisdiction thereof... 752 (and n) ; 767 
 
 What is out of common law, and within lord admiral's jurisdiction 268 
 
 Of 13 Ric. II, Stat. I, ch. 5; 15 Ric, II, ch. 3; and 17 Ric. 11, 
 
 688 (n) ; 691 (n) ; 741, 742 
 Whether ordinances of Hen. V may be regarded as the basis of English law of 
 
 Admiralty 769 
 
 1453-4. By Stat. 31 Hen. VI, ch. 4, the chancery had admiral jurisdiction. ..805 
 Whence was derived the system of pleading and procedure in the court of 
 
 admiralty 732 
 
 AD QUOD DAMNUM. Writs of. How inquests thereupon are certified under 
 
 Stat. 27 Edw. I, ' de libertatibus perquirendis.' 428 (and n)- 
 
 ADRIAN, Pope, died in 1523; by whom succeeded 935 
 
 ADULPH, King Edgar's chancellor 77 
 
 ADULTERY. Cases therefor ; 3 
 
 ADVOWSONS. See tit. Benefices. 
 yELFRED. See tit Alfred. 
 
 ^LLA, King of Deira 39- 
 
 AESC, son of Henghest 105 
 
 jETATE PROBANDA. Writ of, in 40 Edw. III. How case was adjudged upon 
 
 sight of William Stevens 608, 609 
 
 j51;THELBALD, king of Mercia; repulsed in 740 by Northumbria's king; fell in 
 
 757 at Secandun 49, 50, 51 
 
 ^THELFLAED. See tit. Ethelfleda, 2ca&. 70,71 
 
 ^THELFRITH, king of Norlhumbria 42 
 
 ^THELRED, king of Mercia 46, 49- 
 
 .ETHELRIC, fourth son of Ida 38 
 
 AFFRAY OF THE PEACE. 1328, 2 Edw. Ill, stat. of Northampton, ch. 3; 
 1383, 7 Ric. II, ch. 13, "no man shall ride armed contrary to the statute 
 
 2 Edw. Ill, ch. 3." 533 (n), 665 (n) 
 
 AGINCOURT. 1415, 3 Hen. V. Victory of, announced to parliament. Of those 
 
 made prisoners, some long detained in England 766, 768 (n) 887 (n) 
 
 AGOBARD (Bishop). Of the law governing, notwithstanding conquest 54 
 
 AGRICOLA. His conquest of British isle 16,19 
 
 AID, under Magna Carta 254 
 
 1253, granted upon conditions 343 
 
 1351-2, 25 Edw. Ill, stat. 5, ch. n, "to make the king's eldest son knight, 
 and to marry his eldest daughter." Instance in 19 Hen. VII. ...594 (n); 885 
 ALAND [Sir jfohn Fortescue). His edition of, and preface to, Fortescue on mon- 
 archy 892 (n) 
 
 ALARD (Gervas), in 1306 450 
 
 ALARIC, king of the Visigoths. By whom succeeded in 814. Who, in 788 caused 
 
 Theodosian Code to be transcribed from abridgment of it in Alaric's edition. .53 
 
 ALBINI, William de. One surnamed Brito. In reign of Hen. I, a justice and a 
 
 sheriff. 157 (n) 
 
 Another , ziWsA. Pincerna,^as Lord of Buckenham,- in 1138 married Queen 
 
 Adelina 164 
 
 In 10 Ric. I, under another, Ro. de Braybroc was sheriff. 239 
 
 Philip of,va. 1 217 449, 
 
iNHEX.— (A/cock.) 107S 
 
 ALCOCK {J'oAn). Before ii Edw. IV (1471), April 29. Then became Master 
 
 of the Rolls; Aug., appointed to treat for peace with Scotch 883,884. 
 
 1472, retired from Mastership March 16 ; 17th, made bishop ofRochester 834 
 
 1475, how he and Bishop Rotheram were chancellors at same lime 843 
 
 1476, Sept. 25, became possessed of See of Worcester 843 (n) 
 
 1478, made President of Wales...., .,.,.,.843 (n) 
 
 I483,after death of Edw. IV, removed from preceptorship of Edw. V, 
 
 843 (n), 866 (n) 
 
 1485, first chancellor of Hen. VII 866 (n) 
 
 Octo. 30, at the coronation; his part in Henry's first parliament(Nov. 7) 866 
 
 1485-6, March 6, by whom succeeded in the chancellorship, i486 employed 
 
 in negotiations 867 
 
 When translated to See of Ely. How occupied in his latter years, 
 
 867, (n); 877 
 
 1 50c, Octo. I, died; where buried. His character 877 
 
 ALCUIN (or Alcwine). Of York. Master of its great school 5a 
 
 His learning and reputation; noticed by Charlemagne; what followed 50, 51 
 
 ALDEBURGH [Richard de). Before 1332, 6 Edw. Ill, Feb. 3. Then constituted 
 a judge of Common Pleas. His time on the bench; last mention of him, 
 
 545 (and n) 
 
 ALDHELM, a Saxon poet 57 
 
 ALDRED, in 1054, bishop of Worcester; before 1065-6, archbishop of York; 
 
 whether he crowned Harold the Second; crowned William 1 95, 99, 123 
 
 ALENCON [John de). Before and in 1185. Abroad with Ric. I, as vice-chan- 
 cellor, in Dec, 1189. With him when charters were granted in 1189-90, 
 
 and in 1190 218 (and n) 
 
 , Duchess of. In 1526 and 1527 944 
 
 ALEXANDER. Bishop of Lincoln, in Stephen's reign 163 
 
 , King of the Scots, in time of John s Magna Carta 258 
 
 ALFGIVE. Mother of Sweyn and Harold 91 
 
 ALFONSO (or Alphonso). The wise. In 13th century legislating for Castile; 
 
 contrasted with Edw. 1 383,457,478 (n) 
 
 . The fifth. In 15th century. What four things he thought worth living 
 
 for 901 
 
 ALFRED. King of Northumbria. First literary king among the Anglo-Saxons ;_ 
 
 died in 705. His character compared with that of another Alfred 46,47 
 
 , of Wessex, Ethelwolf's youngest son ; born in 849 ; taken to Rome in 853. 
 
 and 855; left by his father (in 857) illiterate 56,57 
 
 When and how a passion for learning was awakened in him. Of him from 
 
 85710871 57.58,5^ 
 
 When and how chosen king of Wessex; his life of labour, difficulty and 
 
 anxiety 59 
 
 In 877, or early in 878, a fugitive; before the end of 878 he accomplished a 
 great achievement : defeated th» Danes ; and they bound themselves to 
 
 peace 59) ^ 
 
 To what his good government was owing: using his life for his people's benefit; 
 
 he was active and practical; a man of business and economist of time 60- 
 
 Of him as a legislator; his code of laws and other measures 61 
 
 Of him as to judicature ; separating the judicial from the executing department 
 
 of the law; improving the administration of la*' and justice 62, 63 
 
 How he protected the independence, purity and rights of jurymen 63 
 
 Whether in his reign there was a court of chancery 63 
 
 Of his extending his own and his people's knowledge ; translating works into Eng- 
 lish; and improving English literature 64, 65, 66 
 
 His general character. How he suffered in life; and when he died 69 
 
 His surviving children 70 
 
 Whatsis predecessors were styled; what title was assumed by him and his son 
 
 Edward 72 
 
 PRINCE ALFRED (son of Ethelred) cruelly murdered gi, 92 
 
 ALFRITHA, daughter of Alfred the Great. Of her and her husband and their ofif- 
 
 68 
 
1074 Index— (Algiva.) 
 
 spring 58,70 
 
 ALGIVA, 'Sigeferth's relict.' See tit. Sigeferth &-a& 85 
 
 ALICE, or Adelicia. See tit. Adelicia, and 152, 164 
 
 , Sister of Philip, king of France 219 
 
 ALIEN, at common law, if he took a conveyance, — for whose benefit ? 665 (n) 
 
 After invention of uses, what was necessary ? Reason for making stat. 3 Ric. 
 
 II, ch. 3, and 7 Ric. II, oh. 12 664 (n); 665 (andn) 
 
 1390, stat. 14 Ric. II, ch. i and ch. 2, as to aliens buying English goods, 690 (n) 
 
 ALIENATION, not to prevent remedy for a nuisance 403 (andnl 
 
 by tenants of Hen. Ill 604 (n) 
 
 by a woman having no more than estate for life; stat. II Hen. VII, ch. 20, 
 
 87s (and n) 
 ALLERTHORPE (Lawrence de). Before 1375, Sept. 27. Then appointed to 
 Exchequer bench; continued on it to end of reign of Ric. II, 
 
 615 (andn), 641,642 
 ALLINGTON (William), Speaker of the Commons in 8 Hen. VI, 12 Edw. IV, and 
 
 11 Id. 785(n),836(n),845!n) 
 
 ALSTAN (or Helmstan), bishop of Sherborne or of Winchester 54, SS 
 
 ALSWITHA (or Ealswitha), wife of Alfred, son of Ethelwulf. 58 
 
 ALTUM MARE. Out of jurisdiction of common law and within that of l6rd admi- 
 ral „ 268 
 
 AMALPHI. See tit. Justinian. 
 AMENDING RECORDS. See tit. Records. 
 
 AMERCEMENTS. Under Magna Carta 255,258 
 
 AMORTISING LANDS. Statuteof 415 (n) 
 
 AMPTHILL PARK, where from 1531 to 1533, Katharine of Arragon resided, 
 
 979, 980 (n), 990, 991 (n) 
 
 Where part of Sydney's Arcadia is said to have been written 991 (n) 
 
 Where, in 1744, was an erection to Katharine's memory 991 (n) 
 
 In 1864, Lord Wensleydale's country residence. What he says of it in letter of 
 
 Jan. 22. Appendix A 1068 
 
 ANCIENT CUSTOMS. See tit. Customs of the laws and 137 
 
 ANCIENT LIBERTY. Its maintenance; in what inherent 112 
 
 ANDELEY (or Aundeley). Maurice de, in reigns of John and Hen. Ill 284 (n) 
 
 ANDERIDA. In 491, fall of the fortress 33 
 
 ANESTY. (Richard de.) His cause I93 (") 
 
 ANGELN. Where it lay 32 
 
 ANGLES. How Gregory met them in Rome 40 
 
 East. See tit. Sigbercht or 43 
 
 ANGLO-SAXONS. Their original stock ; ancient specimen of their legislation ; 
 
 talents on their thrones i, 41, 53 
 
 How they went on improving ; what Alfred did to prevent their infesting each 
 
 other 62, 63 
 
 Earliest specimens of Germanic language ; English or Anglo-Saxon chronicle ; 
 
 modern English developed from Anglo-Saxon 67, 102 
 
 Anglo-Saxon population — freemen and slaves 105, 106, 107 
 
 General principles of Anglo-Saxon government. 106 
 
 Gradual change from personal to territorial organization 107, 108 
 
 Divisions into townships (or tythings), hundreds and shires ; officers and courts 
 
 thereof, especially of the shiremoot 108 to 112 
 
 Witena-gemot, or assembly of the wise — the supreme council of the nation ; 
 
 its legislative and judicial power 112 to 117 
 
 The King : not hereditary ; by whom elected ; how deposed ; his dignity and 
 
 power. Royal seal 119, 120 
 
 Law of descents 169, 170, 171 
 
 Connection between administration of the king's peace and his function as the 
 
 fountain of justice 121 
 
 The Anglo-Saxons had juries 63 
 
 The fine arts were among them ., ; 121, 122 
 
 How far liable to reproabh for what was done or omitted at or after battle of 
 
Index. — (Anne.) 1075 
 
 Hastings 124 
 
 ANNE 0/ Bohemia. In 1383, treaty for her marriage. How long a prisoner, 
 while on the way to England. At Westminster, in her i6th year, married to 
 
 Ric. H 657 (n) 
 
 Some days at Windsor ; afterwards crowned at London ; at her request, a general 
 
 pardon 657, 658 
 
 Of great accomplishments and greater virtue ; her influence beneficial, 
 
 698, 699 (and n) 
 
 In 1394, her death ; monument to her memory 699 (and n) 
 
 Boleyn. See tit. Boleyn. 
 
 of Cleves. 1540, Hen. VIII, tho' disappointed on seeing her, married her 
 
 Jan. 6 ; in a few months separated from her ; the marriage dissolved under stat. 
 
 32 Hen. VIII, eh. 25 1033, 1034, 1037, 1038, 1041 (and n), 1043 (and n) 
 
 Henry visits her afterwards. Place of her residence and interment ; time of 
 
 her death 1043, 1044 (n) 
 
 ~ANSELM, in reign of Will. I, famous for learning and integrity 135 
 
 Under Will. II, chancellor; ill-treated; and left England 145 
 
 1 100, recalled by Hen. I; returned to England; resumed administration of his 
 
 diocese; crowned Queen Matilda 150, 151 
 
 Afterwards the King in controversy with him and the court of Rome. His 
 influence beneficial ; the English clergy the basis of his strength... 167, 168, 266 
 
 ANTONINUS PIUS. His rule in Britain ". 20 
 
 APPAREL AND DIET. See tit. Sumptuary laws. 
 
 APPEALS, in time of Alfred the Great 62, 63 
 
 1178, 24 Hen. II, power of hearing, reserved to the King 207 
 
 Under John's Magna Carta, as to appeal of a woman 258 
 
 Of Stat. Westm. 2, 13 Edw. I, ch. 13; 28 Edw. I ; and i Ric. II, ch. 13 
 
 428 (n), 64b (n) 
 
 APPLEBY. Castle of. 241 
 
 APPOINTMENTS TO OFFICE. In 14th century, precautions to prevent bad 
 
 appointments; provision in stat. 12 Ric. II, ch. 2 720,721 
 
 APPROVERS. 1340, stat. 14 Edw. Ill, ' of jailors or keepers who, by duress, 
 
 make prisoners to be approvers.' 567 
 
 AQUITAINE. 1389-90, 13 Ric. II, John (of Gaunt) duke of Lancaster, created 
 
 Duke of Aquitaine 687 (n) 
 
 ARCHBISHOPS. How question of precedence between them was settled in reign 
 
 of Edw. Ill 600 (n) 
 
 ARCHITECTURE of Romans at Dover 17 (n) 
 
 ARCUULFUS. His travels 47 
 
 ARDEN (or Ardeme), Ralph de. Sheriff, justice, and husband of a daughter of 
 
 Glanville 215 (n) 
 
 ARESEY (or D'Arcy), Norman de. In 1234 and 1245 a justice; when he died, 
 
 317 (n) 
 
 ARFASTUS (or Herfastus). Chancellor under Will. 1 138, 139 
 
 ARGENTINE (Reginald de). Under Ric. I a justice and sheriff. Under John a 
 
 justice 224 (n),243, 244 (n) 
 
 , Giles de (Reginald's grandson). Before 1253. Then a justice itinerant. 
 
 Remarkable occurrence in his presence 340 (and n) 
 
 Of him after battle of Lewes. His office in 1265, when he died 362 (and n) 
 
 ARISTOTLE, to Alexander, on the surest defence of states 889 
 
 ARMOUR. 1383, stat. 7 Ric. II, ch. 16, against sending it into Scotland without 
 
 the king's license 665 (n) 
 
 ARNOLD, (W. T.) As to 'Roman Franchise' 24 
 
 ARNULF. From whose descendant was Matilda, wife of the Conqueror 70 
 
 (of a later period) chaplain of Hen. I; chancellor from 1107 to 1123 154 
 
 ARREST "of night walkers and others" under stat. 5 Edw. Ill, ch. 14 547 (n) 
 
 ART. Its return to England in or after Ethelbert's reign 40 
 
 ARTHUR, king of Britain. Of him in 520 and 542. For what he is famous, 34, 35 
 Where mortally wounded ; and committed to care of friends. Where interred, 
 
 35,36 
 
1076 Index. — {Articuli Cleri.) 
 
 When there was search for his body. What was found of him and one of his 
 
 wives 35 
 
 1276, respect shewn for him by Edw. I and his Queen 36 
 
 , Prince of Brittany, nephew of King John, who treated him badly, 235, 236 
 
 , Son of Hen. VII. 1486, Sept. 20, born; 1500 completed his education; 
 
 1501, Nov. 14, married to Katharine of Arragon. Where they resided; when 
 
 he died 869,880,881 (andn) 
 
 In statute for aids to the king, one was "for the making knight" his son Arthur, 
 
 late Prince of Wales, deceased" 885 
 
 ARTICULI CLERI. In 51 Hen. III. What Ld. Coke says thereof. 363 
 
 Under Edw. I ; act entitled ' prohibitio formata de statuto articuli cleri, 
 
 363 (n^; 408 
 In same reign, articles preferred against that prohibition; to which articles 
 
 answer was made 408 
 
 13 16, 9 Edw. II, ^Articuli cleri' 508 
 
 ARTICULI SUPER CHARTAS, passed by parliament in 1300, 28 Edw. 1 428 
 
 ARTIFICERS, servants, &c. Stat. 12 Ric. II, ch. 3; 13 Id., stat. I, ch. 8, 
 
 (682 (n), 688 (n) 
 ARTILLERY, 1541-2, 33 Hen. VIII, ch. 9, act "for maintenance of artillery and 
 
 debarring of unlawful games" 1047 (n) 
 
 ARUNDEL, Roger, a justice in reigns of Ric. I and John 244(n) 
 
 , Earl of, in 131 8, in new council 512 (n) 
 
 , Richard de, in 1330, eldest son of late earl; act of 4 Edw. Ill for restoration 
 
 to him 542 fn) 
 
 — — , Earl of , in 1350, one of commissioners in case of Thorpe, C. J 590 (n) 
 
 , Edmund, earl of. Judgment against him considered in 1354, 28 Edw. Ill, 
 
 598 
 , Richard, earl of, one of the standing council of Ric. II, 1377; of his po- 
 sition in 1387 638 (n) ; 676 
 
 , (or Fitz-Alan). Thomas de. Before 1374. Then made bishop of Ely, 669 (n) 
 
 1385, his bold retort to chancellor Pole 669, 670 (and n) 
 
 1386, 10 Ric. II, Octo. 24, became chancellor; one of eleven on commission of 
 Nov. 19 672, 674 (n) 
 
 1387-8, opened parliament and answered Speaker Pleasington. The chancel- 
 lor's notice of Feb. 3 677, 741 
 
 1388, succeeded Alex'r Nevill as archbishop of York 682- 
 
 1389, May, surrendered Great Seal; before Dec. restored to place in the coun- 
 cil 684,686. 
 
 1 39 1, again appointed chancellor; on this as well as on his previous appoint- 
 
 ' ment to the chancellorship, villas and parishes assigned him. Nov. opened 
 
 parliament •. 691 (and n) 
 
 1393-4, opened parliament. His brother, the earl of Arundel, had to ask par- 
 don for language as to the King and the Duke of Lancaster 695 (andn) 
 
 1394, the earl struck by the King, in Westminster abbey, at Queen Anne's fune- 
 ral 699. 
 
 1396, July 31, the archbishop translated from York to Canterbury; resigned the 
 Great Seal Sept. 27 701 (andn) 
 
 Steps in the summer by and against the earl. Pardons to him in 1 1 Ric. II and 
 16 Id. ; repealed in 21 Id. .-of his impeachment and execution, 
 
 704 (n), 705 (n), 706. 
 
 1397, Sept., proceedings in parliament against the archbishop; whither he went, 
 
 70s (andn), 713 
 
 Through him, advantages in this century to the nation 719 
 
 1399, chancellor for a few years near the close of Richard's reign 714, 715 
 
 Octo. 6, what as archbishop he declared as to Hen. IV; Octo. 16, what he 
 
 desired should not be disclosed, but was determined on, as to Ric. II, 746, 747 
 
 1400-1. The archbishop's part in stat. 2 Hen. IV, ch. 15: and in sentence 
 
 against William Sautre — the basis of the writ de hceretico comburendo under 
 
 which Sautre was burnt 749, 750 
 
 1406-7, Jan. 30, the archbishop became chancellor for the fourth time . Octo. 
 
IjiVEX.—(Ascue.) 1077 
 
 24, opened parliament 758 
 
 1409, Dec. 21, left the chancellorship 759 
 
 But as archbishop still active in proceedings for so-called heresy, 
 
 758 (and n) 759 (n) 
 Of his part in the execution (by burning) of John Badby, in 1409 or 1410....760 
 
 1412, Jan., reappointed chancellor; July, created Marquis of Dorset. His 
 reputation 762 
 
 1413, after accession of Hen. V, the archbishop renewed his attack on the 
 Lollards. When he died; where buried 764 (and n) 
 
 1448-9, controversy between Earls of Arundel and of Devonshire 796, 797 
 
 ASCUE (or Askewe), Anne. One of the queen's maids. Of her appearance, man- 
 ners, conduct, character and cruel treatment — wracked in the Tower and 
 burnt in Smithfield (1546). Said to be the only instance of a woman being 
 
 put to the torture in England lo57, 1058 
 
 ASCWARDBY (or Kilwardby), Robert. In 1278, abdicated the archbishopric of 
 
 Canterbury 384 (n) 
 
 ASHDOWN. Place of battle in 871 58 
 
 ASHE {Alan de). Early in reign of Edw. Ill an advocate. 1346, July 2, made a 
 
 baron; had robes in 21 Edw. Ill 575 (and n) 
 
 ASHTON {Sir Robert). 1376-7, the King's chamberlain ; 634 
 
 ASKEBY {Robert ae). In reign of Edw. II, one of those under whose seals the 
 Great Seal was sometimes placed during the chancellor's absence, or in a tem- 
 porary vacancy of the office 518 (n) 
 
 ASSER, bishop of St. David's. Resided with King Alfred part of the year; trans- 
 lated and read to him, and became an interesting biographer 64, 65, 66 
 
 ASSESSMENTS. See tit. Imposition or Impost ; and Assize. 
 
 ASSETS. Administration and distribution thereof under Magna Carta; stat. 
 
 Westm. 2, ch. 19; and stat. 33 Hen. VI, ch. I. ..402, 403 (and n) 810 (and n) 
 
 ASSHECOMBE, (Thomas), in 1448, one of eight eleemosynary clerks, allowed to 
 
 marry 796 
 
 ASSIZES. Of Hen. II, perfecting administration measures by assizes or codes: 
 1181, 'assize of arms'; 1184, 'assize of the forest'; 1188, 'ordinance of the 
 
 Saladin tithe.' " 211 (and n), 213 
 
 Plans in first and third applied in 1198 to assessment of real property ...231, 232 
 Of assize in reigns of John and Hen. III. System...255, 294 (n) Of watch and 
 
 ward brought in conjunction with assize of arms 255, 294, (n), 312 (n) 
 
 3 Edw. I, justices of assizes beyond the Trent 383 
 
 1285. Institution of justices of assize remodelled. Under stat. Westm. 2, ch. 
 10, who are to be put on juries and assizes. Under Id,, ch. 30, how, when 
 and before whom assizes and attaints shall be taken, 
 
 401 (n), 402 (and n), 404 to 406 (and n) 
 
 For irregular circuits of justices itinerant, Edw. I substituted regular visitations 
 
 of judges of assizes. Of the judge before whom assizes and inquests might 
 
 be taken 451 
 
 13 1 8, ' Statute of York,' ch. i, of tenants in assize. 'Statute concerning the 
 
 great assizes and battle.' 512, 513 (and n) 
 
 1328, 2 Edw. HI, stat. of Northampton, ch. 2, as to justices of assize being 
 
 justices of jail delivery 533 
 
 1330, 4 Edw. Ill, ch. 2, of assigning persons to take assizes, &c.; Id,, ch. 11, 
 
 of what justices of assize may enquire 542 (n) 
 
 1383, 7 Ric. II, " of assize for rent out of land lying in two counties"....664 (n) 
 1387-8, II Ric. II, ch. II, "chancellor and justices may settle the places for 
 
 holding the assizes" 681 (n) 
 
 1541-2, 33 Hen. VIII, ch. 24, " that no man shall be a justice of assize in his 
 
 own country" 1048 fnl 
 
 1373,47 Edw. Ill, stat. as to ' assize of cloths' 627 (n) 
 
 1389-90, 12 Ric. II, stat. I, ch. 8, as to assize of bread, hay and oats 688 (n) 
 
 ASTY (Henry de). 137S, Nov. 12 till Dec. 6, 1380, chief baron of the Exchequer, 
 Judge of Common Pleas from Dec, 1380, till Hil. T., 1383, 
 
 614, (and n), 641, 643 (and n) 
 
1078 Index— (AiAelin.) 
 
 ATHELIN succeeded Plegmund as archbishop of Canterbury 72 {ny 
 
 ATHELING. See tit. £dffar Atheling. 
 
 ATHELNEY isle, whereon Alfred raised a fort 59- 
 
 ATHELSTAN. His mother; whether she was Edward's wife and Athelstan legiti. 
 
 mate 71. 72 
 
 His attainments reflect honour on his grandfather Alfred, and his aunt Ethel- 
 
 fleda and her husband, for their attentions 72 
 
 In 924, or 925, the sceptre passed to him; at what age; where crowned; what 
 
 he called himself 72 
 
 The King of Scots could not free himself from dependence on Athelstan. 
 Against him a confederacy; but in 938 victory confirmed his ascendancy. 
 ' Under him different Saxon tribes became united. British princes ceased dis- 
 puting his authority 72, 73 
 
 Of him as a legislator. Whether he had a chancellor 73 
 
 His character, influence and fame 73) 74 
 
 In 941 his death; place of his sepulchre 74 
 
 ATHENS. For what it was loved 2 
 
 ATTAINTS. Stat. Westm. ^, ch. 30. Before whom, and when and how they 
 
 shall be taken 404,405,406 (and n) 
 
 Stat. I Edw. Ill, ch. 6, of " attaint, as well upon the principal as upon the 
 
 damages in trespass" 527 (n) 
 
 1331, Stat. 5 Edw. Ill, ch. 6, "process in attaint;" ch. 7, "attaint in trespass, 
 
 if the damage pass 40 shillings" 547 (nj 
 
 1354, Stat. 28 Edw. Ill, ch. 8, of the writ of attaint 598 (n) 
 
 1361, ch. 7, of attaints 6o4(n) 
 
 1389-90, 13 Ric. II, Stat. I, ch. 18, providing for attaint, on false verdict in suit 
 
 in London ; 688 (n). 
 
 As to Bill of Attainder, see that title. 
 ATTEWODE (Peter), in conjunction with whom, in 1361, William of Wykeham 
 
 was custos of forests south of Trent 620 (n) 
 
 ATTORNEY. How far appearance in person was necessary before stat. of Merton 
 (in 1326). Under this statute who may make an attorney to do his suits, 
 
 (321 (and n). 
 
 Under stat. Westm. 2, ch. 10, who may make a general attorney to sue. When 
 
 warranty of attorney is determined ...402 (andn) 
 
 1383, stat. 7 Ric. II, ch. 14, "for enabling parties out of the realm to appoint 
 attorneys in writs of praemunire." 665 (n) 
 
 1384, 8 Ric. II, for clerks acting, so that attorneys may have free search 668 
 
 AUBERVILLE, William de, husband of Glanville's daughter Matilda; a justice 
 
 under Hen. II; alive in 1194-S 215 (n) 
 
 AUDIENDUM AD TERMINANDUM. Writ under stat. Westm. 2, ch. 29, 
 
 404 (and n) 
 AUDLEY (Thomas). Before May 30, 1532. Became then Lord Keeper of Great 
 
 Seal; Jan. 1533 Lord chancellor 982,983 (andn) 
 
 Under what forms of law he and his co-commissioners caused the deaths of 
 
 Bishop Fisher and ex-chancellor More 995 to 1002 
 
 His course as to Queen Anne before and after commission of April 25, 1536, 
 
 1012, et seq.. 
 His reporting that there was sufficient proof to convict her, and afterwards sit- 
 ting as her judge. How, under his direction, she was found guilty, 
 
 1015, 1016, 1017 
 
 Lord Campbell's expression of disgust at Audley's subserviency 1020- 
 
 1536, June 8. His speech to parliament of the King's three marriages; and of 
 
 Queen Jane's 'age and fine form' J023, 
 
 1 541-2. For Queen Katharine Howard, more consideration by the King and 
 
 by Lord Chancellor Audley than by the Privy Council 1046, 1047 (andn) 
 
 1544, April 30, death of this Lord Chancellor. Generally of his conduct during 
 
 the chancellorship 1052 to 1054. 
 
 Of his wives and children 1054 (n) 
 
 AUDOMARE (Henry Ponte). In John's reign a justice 245 (n) 
 
Index. — {Augmentations.) lOTO' 
 
 AUGMENTATIONS, Court of, established in 1534-5, by stat. 27 Hen. VIII, ch. 27, 
 
 1007 
 AUGUSTINE, sent by Gregory I to England ; resided in Canterbury ; ordained 
 
 archbishop of the English 40 
 
 Consecrated a church in Canterbury; and erected a monastery near the city... 40 
 
 His questions and Gregory's answers 40 
 
 AULUS PLAUTIUS subjugated a portion of Britain 17 
 
 AUMALE (William of), in reign of Hen. Ill 282, 289 
 
 21 Ric. II, Edward, earl of Rutland, created Duke of Aumale 707 (n) 
 
 AUTHORITY. 1523, 14 and 15 Hen. VIII, ch. 21. "The acta of auctorite"...925. 
 AVALON (Hugh of ), Bishop of Lincoln. In 1 198 against force for war beyond 
 
 England 230, 231 
 
 AVENEL (Elizabeth), daughter of William of Hadden in the Peak, and widow of 
 
 Simon Basset. Payment by her to have her inheritance and not be compelled 
 
 to marry. At her death her land went to her son, William Basset... .266 (and n). 
 
 AVERMENT "against the record in a writ of false judgment." Stat, i Edw. Ill, 
 
 ch. 4. Id., ch. 5, of "averment against false returns of bailiff's of liberties." 
 
 527 (n) 
 1331, Stat. 5 Edw. HI, ch. 13, that "averment of plaintiffs (or for the king) 
 
 shall be received against imprisonment alleged to defeat outlawry" 547 (n) 
 
 1377, Stat. I Ric. II, ch. 14, " in actions for goods taken away on claim of 
 
 tithes, general averment shall not be received 640 (n) 
 
 AVON. Its upper valley in 571 38- 
 
 AVOWRIES. Under Stat. 21 Hen. VIII, ch. 19 977 
 
 AXELODUNUM. Roman station in line of Severus's wall. Of the castle there 
 
 whereof custody was given in 1253 to Stephen Longspec 338- 
 
 AYLESFORD, where victory over Britons .' 33 
 
 AYLESTON (Robert de), in reign of Edward II, before and after he was keeper of 
 the Privy Seal. 1323, a baron of the Exchequer; 1326, chancellor of the 
 
 Exchequer 520 (and n), 52J 
 
 AYREMYNNE, William de, a clerk in the chancery 497, 510 (n) 
 
 Of the ' knotted scourges ' from which he received discipline. See tit. Oseney 
 
 [Abbot of), and 510 (n) 
 
 1316, Aug. 19, succeeded Adam de Osgodby as Master of the Rolls 510 
 
 1318, or 1319, in Chancellor Hotham's 'council of the chancery' 511, 512 
 
 13 19, in army against the Scots, and taken prisoner 510 
 
 1324, May, Mastership of the Rolls resigned by William, and his brother Richard 
 
 appointed to it 519, 520 
 
 William now keeper of privy seal 520- 
 
 1324. Which of these brothers had custody of Great Seal during the chancel- 
 lor's temporary absences 520 
 
 Of William from summer of 1324 until winter of 1326-7 523 to 526 (and n) 
 
 Of both William and Jiichard a.hex accession of Edw. Ill 530 (andn) 
 
 1331, April I, William (bishop of Norwich) appointed treasurer; died March 
 
 27, IJ36; where buried 546 (andn) 
 
 AZON (or Azo), Professor of law at Bologna; preceptor of the felder Accursius, 463 
 
 In or before 1 225 was Azon's trial, when his crying out Ad Bestias caused judges 
 
 ignorant of his meaning to sentence him to death 463 (n) 
 
 BABINGTON (William), 1417, 5 Hen. V, appointed Serjeant; refused the position; 
 
 and afterwards toolc it 770 
 
 1419, Nov. 4, became chief baron of the exchequer 770 (and n) 
 
 BACON, Robert, a Dominican friar; in 1233 announced resolution of earls and 
 barons 313 
 
 — ■■ , yohn, before and after Feb. 19, 6 Edward II (1313). Then appointed to 
 
 bench of Common Pleas. 1320, another in his place 505 (and n), 506 
 
 , Thomas, in reign of Edw. II. In that of Edw. Ill, placed in 1329 in Com- 
 mon Pleas; 1 332, Jan. 28, removed into King's Bench. Whether he exer- 
 cised judicial functions after 10 Edw. Ill 537 (andn), 544 (and n), 545 
 
 BADBURY, or Mount Badon. About 520 Saxons defeated there 33 
 
1080 Index— (Badiry.) 
 
 BADBY (John). His horrible execution (by burning) for so-called heresy 759 
 
 BADLESMERE (Bartholomew lord). In 1322 tried and condemned; for what 
 
 and by whom? 514. 
 
 BAIL. See tit Mainprise. 
 
 BAILIFF, in Magna Carta; whom it comprehends 296 
 
 ■ BAILLEUL (Jocelin de), in Ii56. A French lawyer 195 
 
 BAINBRIDGE (Christopher). Before 1504, Nov. 13. Then appointed Master of 
 
 the Rolls 883 (and n) 
 
 1507 resigned this Mastership on becoming bishop of Durham 883 (andn) 
 
 1508, Dec. 12, translated to archbishopric of Yoru 883 (n) 
 
 1509, Sept. 24, appointed to represent Hen. VIII at Rome 883 (n) 
 
 1511, March, received a cardinal's hat 883 (n) 
 
 1514, July 14. Of his death at S|ioleto; burial at Rome, and the monument to 
 
 him. What he bequeathed towards building St. Peter's 883 (n) 
 
 BAKERS, &c., statute of, before Edw. Ill 519(1) 
 
 BALDOCK, Ralph de, before April 21, 1307. Then made chancellor. How writs 
 
 were sealed when he was ignorant of death of Edw. 1 439 (andn) 440 
 
 When and where he received commands of Edw. II; and delivered up the Seal. 
 
 Of his death and burial 483, 492, 493 (and n) 
 
 , Robert de, before Aug. 20, 1325. Then made chancellor 519 (and n) 
 
 Afterwards, till Nov. 16, 1326, when captured with Edw. II 524 
 
 Where and how long he was in custody; how treated; and when he died... 531 
 
 BALDRICUS. See tit. Galdric,ox „.. I44(n) 
 
 BALDWIN, the Arm of Iron, married Judith, daughter of Charles the Bald, 56, 70 
 , the Bald (their son), married Alfred's daughter Alfritha. From them de- 
 scended Matilda, wife of Will. 1 70 
 
 , Archbishop of Canterbury, ttaveWed in 1190 towards Jerusalem; died at 
 
 Acre 215 (n) 
 
 de Ripariis (or de Betun), earl of Albemarle. His widow, Margaret, became 
 
 Faukes de Breaute's rich but unwilling bride 240 (n) 
 
 , Sir John, in 1535, one of the commissioners to try Sir Thomas More 997 
 
 BALE (John). On illustrious writers; his imprisonment and suffering.. 1036 (and n) 
 
 BALIOL, Hugo de,va. 12 1 6 241 
 
 — — — , John of Whom he represented in 1244 330 
 
 BALL (■John). A priest, in riots of 1381 650 
 
 BAMBOROUGH. Its rock; a site for a town 38 
 
 BANASTRE, Alured, in 1174-5, sheriff and justice 204 
 
 , Nauff, in 1483, rewarded for taking Duke of Buckingham and bringing 
 
 him in power of Ric. Ill 858 (n) 
 
 BANBURY. 1469, July 26, battle of; where Yorkists were routed 826 (and n) 
 
 BANISHMENT. 1387-8, 11 Ric. II, annuities to justices banished into Ireland, 
 
 , 679 (n), 687 (n) 
 
 1393-4, 17 Ric. II, of favour to them; how relieved 679 (n), 697 
 
 1397, 20 Ric. II, ch. 6, "License to Belknap and others to return to England, 
 
 notwithstanding statute 11 Ric. II" 704 (n) 
 
 BANKRUPT. i5'42-3 34 and 35 Hen. VIH, ch. 2, "act against such persons as 
 
 do make bankrupt" .' 1050 
 
 BANKWELL (or Baukwell), John. Before Nov. 1307. Then appointed a baron 
 
 of Exchequer. When he died 487 (and n) 
 
 BANNOCKBURN. 1314, June 24, battle of. Then Edw. II defeated and a 
 
 fugitive 502 (and n) 
 
 BARBERS. 1540, Stat. 32 Hen. VIII, ch. 42, "concerning barbers and chirur- 
 
 geons" 1042 
 
 BARBURY HILL. Battle there 38 
 
 BARDELBY (Robert de). 1302 to 1321 (30 Edw. I to 15 Edw. II), a clerk of the 
 
 chancery; sometimes one of those entrusted with keeping of Great Seal, in 
 
 chancellor's absence, or in temporary vacancy of the office; often styled one 
 
 of the ' gardiens du seal ' 437 (and n), 497, 518 (andn) 
 
 1318, or 1319, one of Chancellor Hotham's ' council of the chancery '...511, 512 
 
Index.— {Bardolf.) 1081 
 
 CBARDOLF (or Bardulf), /Tu^A. In reigns of Hen. II, Ric. I, and John, 
 
 209, 210 (n), 2i6, 217, 221, 225 (and n), 239 (and n), 242 (and n) 
 
 In the three reigns, ,his scutage excused 242 (n) 
 
 Payment by his widow not to be compelled to marry a third husband, 
 
 242 (n), 266 
 
 , William. In 1258, elected by the barons one of the commission of 24....350 
 
 "BARGAINS. Under stat. 3 Hen. VII, ch. 4, what are void ; and may be enquired 
 
 of by the chancellor 869 (n) 
 
 1535-6, 27 Hen. VIII, ch. 16, "act concerning enrollments of" .,...1007 (n) 
 
 BARKING (Richard de), in 1223, abbot of Westminster: 1242, baron of the 
 
 Exchequer; what in 1245; died in 1246. His character 326 (and n) 
 
 BARNARD'S INN, in 15th century ....893 
 
 BARNES, Sir John, in reign of Ric. II, judged to death 705 
 
 , William. See tit. Barons (William). 
 
 , Robert, in 1540 burnt for an opinion different from that of Hen. VIII, 
 
 1043 (and n) 
 
 BARNET, bishop of Worcester; 1363 to 1368, at the treasury 601 (n) 
 
 BARONES, some called scaccarii: others erranies 179 (and n), 270 
 
 BARONS, in great struggle during 13th century 476,478, 479 
 
 Names of barons and justices in 1291, 1292 and 1293...'. 418 
 
 Position of Williaw Barons before 1502. Then appointed Master of the Rolls; 
 1504, Aug. 2, succeeded Warham as bishop of London; Nov. 13, resigned 
 
 Mastership of Rolls; 1505, Octo., died; where buried 883 (and n^ 
 
 BAROVERSE {James), beheaded in 1388 680 
 
 BAROWE (Thomas), before 1483, Sept. 22 ; then appointed Master of the Rolls ; 
 
 Dec, patent granting him the tun or two pipes of wine 858 (and n) 
 
 1485, Aug., made Keeper of Great Seal 862 
 
 When his possession ot Mastership of the Rolls was considered an intrusion, 882 
 
 BARRE (Richard), a justice in reigns of Ric. I, and John 243 (n) 
 
 BARSHAM (Maurice de), a ' manoeuvering father-in-law'; fined for permitting one 
 to break contract to marry (another's daughter), and become Maurice's son-in- 
 law 265 andn) 
 
 BARTON, John de, in 1304 a justice of trailbaston 445 
 
 , Elizabeth, and others, in 1533-4; stat. 25 Hen. VIII, ch. 12, of their attain- 
 der =.j<.., 992 (andn) 
 
 BASING, battle of, in 871 .' 58 
 
 BASSET, Ralph, under Hen. I, an influential judge; where he presided; of his 
 
 death and burial 156 
 
 Whether his son Richard, who succeeded him, was ' <:s.-^\\3M% justiciarius' ...\y] 
 
 , William, a baron and justice itinerant from 1 168 to 1 189, 199, 202, 203 (and n) 
 
 , Thomas, in 10 Hen. II sheriff, and 14 Id. justice itinerant; from 1 175 among 
 
 barons acting in curia regis and a justice itinerant; died in 1183, 199 (n), 208 
 
 Simon, in 9 Ric. I, a justice 228 
 
 Alan, son of Thomas, from 2 to 12 Hen. III. When he died 284(n) 
 
 Philip, third son of Alan. In 1233 on side of Richard, earl of Pembroke; 
 
 from 1234 high in the king's favour 353 
 
 See tit. Gray as to his first wife (Hawise or Helewise) ; and tit. Warwick, as to 
 
 his second wife Ela 353 (n) 
 
 His offices before he became chief justiciary. Whether he and Hugh le Despen- 
 
 cer acted as such at the same time 353-354 
 
 1261, Basset's appointment established; by him in 1262 (while the king was in 
 France) mandates were signed; and he presided at a council 354 (n) 
 
 1263, June, on the plea- roll of the exchequer as justiciary of England; Dec. 
 named without addition of justiciary 354>359 
 
 1264, at the battle of Lewes taken prisoner 359 
 
 1265, though Hugh le Despencer (chief justiciary) fell at Evesham, yet Philip 
 Basset does not appear to be replaced in office 362 
 
 William, in reigns of Edw. II and Edw. Ill an advocate; in 1337 appointed 
 
 ", to the Common Pleas 557 andn) 
 
 1341, Jan., in new patent; Octo. removed into King's Bench. Remained there 
 
1082 Index. — {Bassianus.) 
 
 tin 24 Edw. Ill 575 (andn), 576 (and n)' 
 
 Lord Half Basset, one of five to whom there was a commission unaer stat. I, 
 
 14 Edw. Ill, ch. 5 566 (n) 
 
 His daughter, Alianora, married Sir yohn Knyvet, and left descendants, 648 (n) 
 
 BASSIANUS, called Caracalla 33 
 
 BASTARDY, causes of. Stat. 9 Hen. VI, ch. xi of proceedings in chancery when 
 
 alleged 3>787 
 
 BATESFORD (John de), a justice under stat. 21 Edw. I (1293) 422 
 
 A justice of trailbaston in 1307 422 (n) 
 
 BATH, a city before 577 38 
 
 BATHONIA (Henry de), a justice in 1238; and afterwards from 1240. In 1250 
 
 grant fnr his support ' in officio justiciarii 327 (and n), 332 (and n), 334 
 
 Whether he was out of favour or out of service from Nov., 1250, till Aug., 1253; 
 
 whether then restored to former high position 334 (n), 338 (n) 
 
 1260, went the circuit through eight counties; died before the 22d of next Feb- 
 ruary 355. 
 
 BAUMBAUGH (Thomas de), a clerk or master in chancery i to 14 Edw. III;_ 
 acting as Keeper of Great Seal on occasions in 1332, 1334, 1336 and 1339. 
 
 Of his death 561, 562 (andn) 
 
 BAYEUX (John de), in reign of Hen. HI. When he died 284 (n) 
 
 BAYNARD, William, in time of Hen. I had Baynard's castle, near St. Paul's, in 
 
 London 305 (n) 
 
 , Fulco. His offices under Hen. Ill 305 (n) 
 
 - ■ - - ■ ■ - - - - - - - (n^. 
 
 Robert (Fulco's son), in reign of Edw. I and Edw. II 529 I 
 
 1326-7, raised to King's Bench ; died in 4 Edw. Ill, leaving a son named Fulk, 
 
 529 (andn) 
 Richard. In 1421 (9 Hen. V), speaker of the Commons 772 (n) 
 
 BAYONS (Bogo de), 1330, 4 Edw. Ill, adjudged to death 540 (n) 
 
 BEALKNAP (Robert de). Before 1374, Octo. 10. Then became chief justice of 
 
 Common Pleas 612, 613 (and n) 
 
 In this office until accession of Ric. II, and afterwards for several years, 
 
 642, 643, 648 
 
 1381, riots, no personal injury to him 650 (n). 
 
 1384, concurred in judgment against John Cavendish, fishmonger 666 
 
 1387, signed document prepared by Tresilian, C. J 675 (and n) 
 
 1387-8, judgment against him ; and sent to Ireland. When and how he 
 
 returned to England 677, 679 (and n), 704 (n) 
 
 BEAUCHAMP, Walter de, in reigns of John and Hen. Ill ; when he died, 
 
 241, 303 (n) 
 
 , William de, in same reigns 316 (and nV 
 
 ■; , Robert de, in same reigns; died in 36 Hen. Ill 241, 318 (and n) 
 
 , Sir Roger, 1377, July l5, of the standing council of Ric. II 638 (n) 
 
 , Sir John, 1387, committed to prison 676- 
 
 , yohn de, heard in March, 1387-8; May, sentence under which he was 
 
 beheaded 680 
 
 Edward Seymour, brother of Queen Jane, raised in 1536 (June) to dignity of 
 Viscount Beauchamp, and in 1537 (Octo.), created earl of Hertford, 
 
 1023, 1057 
 
 Stat. 28 Hen. VIII, ch. 25, as to assurance of land to him 1026 (and n) 
 
 BEAUFORD (or Beaufort). Children of John of Gaunt (duke of Lancaster) by 
 Catharine Swiriford; legitimated in 20 Ric. II (1397); their names....703 (n) 
 
 Which son was created earl of Somerset and placed in parliament? 703 (n) 
 
 21 Ric. II. Beauford, earl of Somerset, created Marquis of Dorset 707 (n) 
 
 Henry. Before July 14, 1398. Then elected bishop of Lincoln 753, 
 
 About 1399 appointed chancellor of University of Oxford. Held this chan- 
 cellorship only a year 753, 
 
 1402, sent to escort to England Joan of Navarre, duchess of Brittany (second 
 wife of Hen. IV) 754 (»)■ 
 
 1403, Feb., became chancellor of England ; how accommodated in attending 
 court 753, 754 (and n). 
 
Index. — {Beaumont.) 1083- 
 
 1404 (5 Hen. IV), Jan'y, opened parliament; 6 Id., Octo., declared cause of its 
 meeting at Coventry 754, 756 
 
 Succeeded William of Wykeham as bishop of Winchester 756 
 
 1405, March, resigned Great Seal; but during rest of the reign acted as one of 
 the council 756 (and n) 
 
 II Hen. IV (1409-10), Jan. 27, opened parliament 759. 
 
 1413, upon accession of Henry V, appointed ^chancellor 763. 
 
 Opened parliament May 15, 1413, Nov. 1414, March, 1415-16, and Octo., 1416, 
 
 764, 766, 768 
 
 1417, July, advanced Hen. V ;^i4,ooo; resigned Great Seal; and obtained a 
 pardon. What was the cause of his retirement 769 (and n) 
 
 Thotnas, before 1410. Then made chancellor; 1411, 13 Hen. IV, opened par- 
 liament 761 
 
 His part in horrible execution (by burning) of John Badby for so-called heresy, 
 
 760 (and n) 
 
 What he received in his chancellorship ; when he retired from it 761, 762 
 
 1416 (4 Hen. IV), Nov. 18, the King " created Thomas Beauford, earl of Dor- 
 set, to he earl" (or Duke) "of Exeter." To what pursuits he afterwards de- 
 voted himself 768 (n) 
 
 Upon accession of Henry VI, psoition of his great uncles, Henry and Thomas 
 Beaufort 778 (and n) 
 
 1424, July 6, /^«r^invested for the third time with the chancellorship, 778 (andn) 
 
 1425-6, as to quarrel with the Duke of Gloucester. See tit. Gloucester, and 
 
 779 to 781 
 
 In March (1425-6) the Great Seal resigned 781 
 
 1427, Jan. I, Thomas died; 345 years afterwards his body discovered at St. Ed- 
 mund's Bury 783 (and n) 
 
 Position of Henry, in 1427, before he went to France 783. 
 
 Made a cardinal legate and commander of a crusade before his return in Sept., 
 1461 ■ 785 
 
 Yet of the King's council, with a qualification ,.785, 786 
 
 1430, April, he accompanied Hen. VI to France 786 
 
 Dec. returned to England, leaving Henry in France 786 
 
 1431, went to France in the spring; Nov., steps of Gloucester against him. ..788 
 Dec, at Paris, Beaufort crowned Henry king of France 788 
 
 1432, returned home to attend parliament; what was declared by and of him, 
 
 788, 789. 
 1446-7. How his will begins; date of it Jan. 21; of codicils, April 7 and 9, 
 
 794 (n) 
 
 1447, April, death-bed scene; his character 795 (andn) 
 
 BEAUMONT, Robert de, before he was, in reign of Hen. II, Chief Justice, 187, 188 
 
 , William de, in 31 Hen. II fined for breaking contract to inarry, 265 (andn) 
 
 , Z^zoir, bishop of Durham; died in 1333 549 (") 
 
 BECKET (Thomas). Before accession of Hen. II 185, 186 
 
 Appointed chancellor ; his qualifications for the office ; and work in it, 
 
 185, 1S6, 266 
 Whether, in 11 56, he was with the king on the continent; or remained in Eng- 
 land acting as judge 187, 188 
 
 When he first appears as a judge 189 
 
 1159, whether with the king in France; 1162 became archbishop; and resigned 
 
 chancellorship. Zeal in his new position 190, 191 
 
 Course as to the chancellorship after his resignation of it 191, 192 
 
 Contest between the king andBecket 193, 194, 195. 
 
 1164. Proceedings against him in council at Northampton 196 
 
 His going to France, and struggling therefor six years 197 
 
 1170, reconciliation with him. He returned to England, but was soon brutally 
 murdered. Of his great firmness of purpose ; his capacity to make a sacrifice 
 
 to a sense of duty 201,202 
 
 1538, as to him, ridiculous steps by Henry VIII 1029 (andn) 
 
 BECKINGHAM (Elias de), before 13 Edw. I; then became a judge of Common. 
 
1084 Index— (i9^^^.) 
 
 Pleas 413 (andn) 
 
 1289, found pure in the administration of justice when others were not; con- 
 tinued on bench of Common Pleas until 34 Edw. I (1305). Then he retired 
 
 or died. Of his burial 413 (and n), 443 (and n) 
 
 ^EDE. Of his education; and his duties ; in what he took delight 4Si 5° 
 
 To whom and when was the dedication of his ' Ecclesiastical History.' His 
 
 death in 735 49.5° 
 
 That history translated into English and enriched by Alfreds 66 
 
 Tribute to Bede's memory 50 
 
 BEDFORD, Duke of, in 1417; at home as the King's lieutenant; 1417, 1419 and 
 
 1421, parliament opened in his presence 770 (andn), 772 
 
 After accession of Hen. VI the Duke's position in 1422; return to England in 
 
 1425; commission in 1425-6; what he did to end dissension 780,782 
 
 His position in 1427 before leaving for France ; and in 1429 after the corona- 
 tion 783.785 
 
 Lost a wife and married another before attending parliament in 1433 790 (n) 
 
 1434, June, sailed for France; 1435, Sept. 14, died at Rouen; where buried, 
 
 790 (n) 
 
 33EERLY (William), in 1437, speaker of the Commons 791 
 
 BEGGARS, 1388, Stat. 12 Ric. II, ch. 7 and 8 683 (n) 
 
 BELER (Roger), before July 20, 1322. Then raised to Exchequer Bench. How 
 
 murdered; where buried 504 (n) 
 
 BELET (Michael), in reign of Hen. H a justice and sheriff; when he died, 208 (n) 
 In reign of Hen. Ill another of the name among barons of court of exchequer, 
 
 323, 324 (andn) 
 BELKNAP. See tit. Bealknaf. 
 BELLA CAMPO. See tit. Beauchamp. 
 
 BELLO MONTE, Sir John de ; died in 20 Ric. II 685 
 
 BENDINGS (William de), in 1 179 one of six to hear complaints in curia regis at 
 
 Westminster 208 (n) 
 
 BENEDICT, (surnamed Bisop or Bishop), Minister of King Oswi 44>4S 
 
 Founder and abbot of monastery, at which Bede was placed 45 
 
 Pursued learning and his country's improvement 45 
 
 Travelled and brought to England a library 45 
 
 BENEFICES. Stat. 3 Ric. II, ch. 3 ; confirmed and extended by stat. 7 Ric. II, 
 
 ch. 2 647 (n), 664 (n) 
 
 1388, 12 Ric. II, ch. 15, as to "provisors of benefices beyond sea" 683 (n) 
 
 1389-90, by 13 Ric. II, ch. I, confirmation of 25 Edw. Ill, stat. 6, ch. 3. ..688 (n) 
 1391, 15 Ric. II, ch. 6; "on appropriation of benefices, provision for the poor 
 
 and the vicar" .' 692 (n) 
 
 BENET, 'Magisler Benedictus,' with the seal, in 1192 221, 222 
 
 BENEVOLENCES. 1483-4, i Ric. HI, "act to free the subjects from 'benevo- 
 lences' " 859 
 
 Not adhered to by Richard : his letters mention what each person was required 
 to give. This "a fatal blow to what remained of his popularity" 
 
 801 (and n), 861 
 
 How, in reign of Hen. VII ; when exaction under name of ' benevolence ' was 
 
 called a malevolence; when ordained that such charges 'be damned and 
 
 annulled forever' 877, 878, 887, 888 (and n) 
 
 BENNET (Dr.), 1529, Dec, one of four on mission to Bologne 978 
 
 BENSTEDE (John de), before Dec, 1304. Then Great Seal delivered to him, to 
 
 be in wardrobe under seals 438 (and n) 
 
 1305, 33 Edw. I, became chancellor of exchequer 439 
 
 In reign of Edw. II, before Octo., 1309. Then made a justice of Common 
 Pleas. Of his employment afterwards till 1320. When he died, 
 
 484, 485, 489 (and n), 506 and (n) 
 
 BENVENUTO CELLINL Seetit. Cellini a.nA 938(n) 
 
 BEOMONT (Sir Henry), 6 Edw. Ill, in parliament 551 (n) 
 
 See also tit. Beaumont. 
 >BEREFORD, William de, before and after 20 Edw. I (129). Then made a justice 
 
Index— (Bereia.) 1085. 
 
 of Common Pleas 418,419 (and n), 443 
 
 35 Edward I, in commission of trailbaston 445 (n)i 
 
 On accession of Edw. II, reappointed to Common Pleas 488 
 
 1309, March 15, raised to chief justiceship; wherein he continued till his death 
 
 (in 1326) 489 (andn) 
 
 Sir Simon, in 4 Edw. Ill (1330); judgment of death against him; and its exe- 
 cution , 540 
 
 BERETA, King Ethelbert's wife. Her religion 40 
 
 BEREWYK (or Berewike), yoAn de, in reign of Edw. I ; a justice itinerant from 
 20 Edw. I (1292) to near end of the reign. Of high character. When he 
 
 died 418, 419 (and n), 441 
 
 BERKELEY, Amald de, in 1264 a baron of Exchequer; living in 51 Hen. III. Of 
 
 his manors 366- 
 
 Castle, where Edw. II after previous bad treatment was inhumanly mur- 
 dered 531 
 
 BERKSHIRE in 572; its then masters 38 
 
 BERNARD, bishop of St. David's; chancellor to wife of Hen. 1 154 
 
 BERNERS (James), in reign of Ric. II, judged to death 705 (n) 
 
 BERNICIA and Bernicians 38,39 
 
 BERSTEDE (William de), in reign of Hen. Ill ; his offices 358 (and n) 
 
 BERTHWALD, archbishop of Canterbury, in 697, presided over parliament 46 
 
 BERTRIC, King o'" Wessex ; husband of Offa's daughter ; how he acted to Egbert. ..52 
 BERWICK, after its capture in 1318; after battle (in 1533) of Halidown Hill. Acts 
 
 of parliament for England and ' Berwick upon Tweed' 512, 551, 552 
 
 Stat. 7 Ric. II, ch. 16, recited in 15 Id., ch. 7 ,-. armour, corn or victuals allowed 
 
 to be Carried to Berwick; customs on export thereof, &c 661 (n), 692 (n) 
 
 1461, April, surrender of Berwick to Scots 8i8(n) 
 
 BIANNEY (yoA« de), in 9 John, permitted to go out of prison ; on what condition, 242 
 
 BIBLE, the Gothic 102 (n) 
 
 TheXfl?;«,- when first printed ; whether before 1455' 902 (and n^ 
 
 1538 or 1539, the whole Bible printed in English; Cromwell's patent for print- 
 ing it 1029 (and n), 1036 
 
 BIGAMY. 'Statutum de Bigamis' 389 
 
 8 Edw. III. Of trying only in Court Christian 552 (n)' 
 
 BIGOD (or Bigot), Hugh, third earl of Norfolk. How the Marshalship of England 
 
 fell to Matilda, Hugh's wife, and was transferred to her eldest son 330 (n) 
 
 , Roger, fourth earl of Norfolk, confirmed (in the marshalship) by the kmg, 
 
 330 (n) 
 1245, what Roger attempted in council of Lyons 331 
 
 1258, what passed between him and the king; elected by the barons to be in 
 commission of 24; 1264, after battle of Lewes, governor of Oxford; died 
 in 1270 350 (n)j 
 
 , Hugh, his younger brother, elected by barons in 1258 to be in commission 
 
 of 24 ; and named justiciar. What was committed to his charge, 
 
 350 (and n), 35 1 (and n) 
 
 1259, whom he selected as his companions to administer justice 352 
 
 Nov.. 1259, to April, 1260, mandates attested by him in king's absence; in 
 
 1260 resigned 352 (and n^ 
 
 1264, on the king's side in battle of Lewes 352 (n) 
 
 1265, after battle of Evesham, replaced in government of Pickering castle; 
 1266, died about Nov 352 (n) 
 
 BILL OF ATTAINDER, 1540, what Thomas Cromwell asked the judges; and 
 what they replied ; against whom, on his suggestion, a bill of attainder was 
 
 enacted 1038, 1039 
 
 This weapon of despotism used against him ; thereby deprived of life ' with- 
 out due process of law ' '039. 1040 
 
 BIRTHS, MARRIAGES AND DEATHS, registered in each parish 1036 
 
 BISCIP, or Bishop. See tit. Benedict, and 45 
 
 BISHOPS' ascendency; from intellectual superiority 116 (n). 
 
 BITTON, (William), in 1253 bishop of Bath and Wells; John Mansel with him on 
 
1086 Index. — {Blackborough v. Davis.) 
 
 a mission 345 (n) 
 
 BLACKBOROUGH v. DAVIS, i P. Wms. 50, as to Descents. See that tit. and 
 
 169, 170, 171 
 BLAGGE (Sir George), whom Hen. VIII called ' his pig.' Near being roasted in 
 
 1546 1058 (n) 
 
 BLAKE (John), in 1387-8 impeached, convicted and sentenced 679, 680 
 
 BLASTON (Thomas de), before 6 Edw. III. Then placed on Exchequer Bench'; 
 
 received new patent in 14 Id 543 (and n), 574 
 
 BLOCKLEY (John de), before 47 Edw. Ill, Octo. 26. Thenceforth a baron of the 
 
 Exchequer till last year of this reign 614,615 (and n) 
 
 BLOET (Robert), Chancellor from 1090 to 1093 ; afterwards bishop of London. 
 
 Whether 'justiciary of all England ' ; when he died 144, 155 
 
 BLOODSHED. 1541-2, stat. 33 Hen. VIII, ch. 12, of " murther and malicious 
 
 bloodshed within the court" '. I047 (n) 
 
 BLOUNT (William), Lord Mountjoy. In 1492, a pupil of Erasmus; 1500 his host, 
 
 878, 880 
 
 1509, writing to Erasmus of Henry VIII 921 
 
 1532, July, one of the commissioners to Katharine at Ampthill 990 
 
 BOADICEA, animating Britons to defend their country against the Romans ; her 
 
 defeat and death 18, 19 
 
 BOBI (Hugh de), a justice in 8 Ric. 1 227 (n) 
 
 BOCLAND (Geoffrey de), a justice from i Ric. I, to 3 or 5 Hen. III. When he 
 
 died 227,284 (n) 
 
 BOETIUS. His ' Consolation of Philosophy ' translated into English by Alfred....66 
 BOHUN (Humphrey de), earl of 'Hereford. Before 1258; then elected by barons 
 
 to be on commission of 24 350 (and n) 
 
 Of Bohun and Bigod as heroes of 1297 479 
 
 , Sir Edward. To him grant in 1330 (4 Edw. Ill) 542 (n) 
 
 BOKYNGHAM. See tit. Bukyngham. 
 
 BOLEYN (or BuUen), Thomas, married Duke of Norfolk's daughter. Their daugh- 
 ter Mary married William Carey 940 (and n) 
 
 1507, supposed to be year of the birth of Mary's younger sister Anne 940 
 
 Of their mother's death ; Anne's residence afterwards ; and her letters to her 
 
 father 940 (and n) 941 
 
 1514, Aug. 13, Anne, fourth of the maids of honour to the King's sister Mary, 
 upon her espousal to Louis XII. Her father, grand-father and uncle with 
 
 her, when she embarked at Dover 941 
 
 Octo. 9, Anne in the church of Abbeville, when the nuptials were solemnized, 
 
 941 
 After death of Louis XII she was in service of Queen Claude (daughter of 
 Louis and first consort of Francis I) until her death, in 1524; and then taken 
 into the family of Margaret (sister of Francis I), duchess of Alencon, who be- 
 came a widow in the spring of 1525 941 (andn) 
 
 Portrait of this duchess brought by Sir Thomas Boleyn at the time of his return 
 
 to England with her daughter Anne, early in 1527 941 (andn), 944 
 
 When Anne's father became viscount Rochford and treasurer of the royal house- 
 hold. When William Carey (Mary's husband) was made a gentleman of the 
 
 privy chamber 943 (n) 
 
 When Hen. VIII was first struck by Anne 941,942, 952 (andn) 
 
 Whether the impression which she made on him was the natural effect of her 
 
 endowments — of her genius and wit 954, 1037 (n) 
 
 Wolsey is said to have suggested her appointment as maid of honour to the 
 
 queen 942.943 
 
 Anne's dignified answer to the king's first solicitation; her course when he 
 
 came afterwards to Hever castle 943 
 
 Of him there during days of courtship; and in 1527 at Greenwich on the even- 
 ing of his entertaiment to the French ambassadors, when in dancing his part- 
 ner was Anne. Whether this was on May 5, or not till after Octo. 20. See 
 
 tit. Grammont and 943, 944, 948 (andn) 
 
 Love-letters from the King to Anne 949 to 952 (and n 
 
han^yi.— {Bologna.) 1087 
 
 Her position in 1528, Aug. 20 ; and afterwards while attending upon the queen ; 
 her departure from and return to court 953>9S4 (andn) 
 
 1529, Sept., the King and Anne at Grafton. There was the King's last inter- 
 view with Wolsey. Of Anne's grudge against him 963 
 
 Dec. 8, Anne's father created Earl of Wiltshire in England, and Earl of Ormond 
 in Ireland 960, 978 
 
 1532, Sept., Anne made Marchioness of Pembroke; Octo. accompanied King 
 Henry to Calais as the guest of the King of France. Settlement of lands on 
 her 989 (andn) 
 
 1532-3, Jan. 25, her marriage to King Henry ; ' kept secret' for a time, 989 (and n) 
 
 1533, April 12, openly solemnized; and Anne went in state as queen; 23 time and 
 place for her coronation announced 989 (and n) 
 
 1533-4, Stat. 25 Hen. VIII, ch. 22 (§ 4), "The King's issue by Queen Anne 
 declared his lawful children. Limitation of th^ crown." Sect. 5, of ' High 
 Treason;" ^ 6 of ' misprision of treason' ; § g, subjects sworn to performance 
 of this act; § 10, what marriages within it. Id., ch. 25, "act concerning 
 
 the Queen's jointure" 993 (andn) 
 
 1536, what proceedings were resorted to by Henry VIII and the Duke of Nor- 
 folk to get Queen Anne 'out of the way' 1008 etseq. 
 
 Whether there was disregard of hfer request for a lawful trial ioi4to 1016 
 
 Tho' an impartial tribunal should have acquitted her, yet against her there was 
 
 sentence of death, and it was executed loi6to I02I ; 1047 (n) 
 
 What message she sent to the King on the day of execution I02I 
 
 Her language during imprisonment and on the scaffold 1021 
 
 20L0GNA. There in 1273, Edw. I took Franciscus Accursius into service 382 
 
 30NA FIDE. Distinction in Roman law between actions stricti juris and those 
 
 bona fidei, illustrated in case of Sergius Orata against Gratidianus 5> ^ 
 
 BONCOUR (or Bonquer), William, before 46 Hen. Ill; afterwards a justice of 
 
 Common Pleas, besides being a justice itinerant 358 (and n) 
 
 BONDS in the Exchequer to the King. By stat. 13 Ric. II, ch. 14, not to be ' of 
 
 the double' 688 (n) 
 
 BONI ET ^QUI, illustrated in Cicero's oration for Coecina 6 
 
 BONIFACE OF SAVOY, brother. of Eleanor, queen of Hen. Ill, and Archbishop 
 of Canterbury; in 1244 represented the bishops ; 1258, canons by him; what 
 Ld. Coke says thereof. Whether the King nominated him to be one of the 
 
 commission of 24 322, 329, 347, 349, 350 
 
 BOOKS. 1208, March and April, what King John received 898, 899 
 
 1249, what Hen. Ill ordered'for new chapel at Windsor. 899 
 
 1250, Great book in French allowed the Queen 899 
 
 After death of Hen. V, order for Restoration of books which he had borrowed..899 
 1425. Size of Royal library of France; for what purchased. What security 
 
 Louis XI gave for return of a volume borrowed by him 899 
 
 Observations as to learning and literature before and in 15th century....900 et seq. 
 1534-5, Stat 25 Hen. VIII, ch. 15, as to " printers and binders of books "...992 (n) 
 BOOTH (Lawrence), bishop of Durham, before 1473, July 27. Then made chan- 
 cellor; 13 Edw. IV, his prorogations of parliament. 837 (and n), 838 
 
 1474, ceased to be chancellor; 1476, translated to province of York..838 (and n) 
 
 1480, May 19, died; where buried 838 (n) 
 
 Of his two brothers; and his nephew and niece 838 (n) 
 
 BOREDON (William de), in 1326-7, made second baron of court of Exchequer; 
 
 when he died 528 
 
 BOREMAN (Harvey de), ^before Nov., 1264; then among justices of Common 
 Pleas; I Edw. I a baron of the Exchequer; 5 Edw. I died, 
 
 360 (and n), 381 (and n) 
 
 BOROUGH (Lord Edward), first husband of Queen Katherine Parr 1051 
 
 BOROUGH BRIDGE. Battle there in 1321-2 515 
 
 BOSCO (John de), before and after stat. 21 Edw. I, under which he was a justice, 
 
 422 (and n) 
 
 ©OSWORTH FIELD. Battle of Aug. 22, 1485 862 
 
 BOTETOURT (John de), in 1294; a justice of trailbaston in 1304. ...445 (n), 449 (n) 
 
1088 Index. — {Botreaux.) 
 
 BOTREAUX (Lord). How in 1431, Nov., he voted in council 788 (n). 
 
 BOULOGNE, (Eustace count of) ; in 1050 his followers quarrelling with Earl God- 
 win's 93, 94- 
 
 BOURBON (Duke of) killed in 1527, May 6, when leading troops to Rome, 
 
 938 (and n) 
 
 BOURCHIER (or Bousser), jfohn de, before May, 1321. Then made a judge of 
 
 Common Pleas; reappointed March 24,1326-7; died about 1329, leaving two 
 
 sons 507 (and n), 530 (n), 561 (and n)- 
 
 , Kobert, the eldest son. How employed before 1340, Dec. 14. Then made 
 
 chancellor with a grant of £yio a year, besides fees. His chancellorship 
 
 ceased in Octo., 1341 570 (and n), 572 
 
 Afterwards (in war) as ambassador for peace and as a peer. Of his death and 
 
 burial 572 (n) 
 
 , Thomas (great gran^-son of Sir Robert), elected archbishop of Canterbury^ 
 
 April 22, 1454 807, 808 (nj. 
 
 1454-5, March 7, appointed chancellor; July opened parliament, 
 
 808 (n), 809 (and n). 
 
 1455, Octo. II, he was no longer chancellor 810, 811 
 
 1461, June 29, crowned Edw. IV; 1463, Nov. 4, held and continued the par- 
 liament 820 (n), 821 (n). 
 
 1464, entertained Edw. IV and his queen at Canterbuiy; Sept. 18 created car- 
 dinal presbyter 823 (and n) 
 
 1471, April, how he and others at London received Edw. IV 831 
 
 1475, with Chancellor Rqtheram in France negotiating 844 (and n) 
 
 1483, June 16, induced the 'Queen of Edw. IV to let her younger son join 
 
 Edw. V in the Tower; July 6, crowned Ric. Ill 852 (and n), 854, 855 
 
 1485, Octo. 30, crowned Hen. VII; when he died; of his death and burial, 
 
 865 (and n), 903 
 
 , Henry (elder brother of Thomas), succeeded (1435) to barony of Bourchier; 
 
 created (^446) Viscount Bourchier 836 (nX 
 
 Married Isabel, daughter of Richard, duke of York; 1455, became treasurer of 
 
 England; and held the office about 18 months 836 (n) 
 
 1461, became treasurer again for a year; June, made earl of Essex 836 (n).. 
 
 1472, treasurer for a third time 836 (n) 
 
 1473, keeper of Great Seal from June 23 to July 27 836, 837 
 
 Continued treasurer till his death, April 4, 14S3; where buried 836 (n) 
 
 BOURNE (or Burne) William de, before Sept., 1309. Then put on bench of Com- 
 mon Pleas 489 (and n) 
 
 BOVINGTON (Walter de), in John's reign a justice 245 (nji 
 
 BOWES Castle 241 
 
 , yo.4», speaker of the Commons in 143S 791 
 
 BOYLAND (Richard de), before 7 Edw. I; a justice itinerant from 1279 to 1289; 
 
 i8 Edw. I, fined 4,000 marks 395 (and n), 4.12 (n). 
 
 BRABAZON (Roger le), before 1289. From 1289 to 1295 in the King's Bench. 
 
 Then made its Chief Justice 413 (and n), 424 (and n), 
 
 He and his three companions in 28 Edw. I, commended by Ld. Coke 430 (n) 
 
 Sir Roger continued Chief Justice till end of reign of Edw. I ; and on acces- 
 sion of Edw. II was reappointed. He performed the duties of the office 
 till Feb. 23, 1316. Then he retired. Next year he died, 
 
 424 (and n), 441, 488, 509 (and n) 
 
 BRACKENBURY (Sir Robert), in 1483, constable of the Tower. What he refused 
 
 to do, and let Sir James Tyrrell do one night in the Tower. Reward for 
 
 being accessary to the crime 856, 857 (n) 
 
 BRACTON (Henry de). Whence the name ; place of his birth ; where he took his 
 
 degree 334 (n), 
 
 1245 and 1246 a justice; in and after 1250 on the bench at Westminster, 
 
 327. 334 (and n). 
 
 From 1250 the same name spelled several different ways 334 (and n) 
 
 In 1254 how designated. For a subsequent year he was archdeacon 334 (n)» 
 
 Tho' this great lawyer has been spoken of as chief justice, yet it is not proved 
 
Index.— {Bradford.) 1089 
 
 that. he obtained the office; he may, in his latter years, have had position 
 
 from seniority 374 
 
 When his judicial duties ended ; and where he died 374 (n) 
 
 The light by which he read English jurisprudence 383 
 
 Of him as one of Edward's practical advisers; and as an author, 384; 45810463 
 
 His view of kingly power, and as to kings being under the law 376 (n) 
 
 Results of his labours adapted to practical use by Fleta and Britton 383 
 
 BRADFORD on Avon. Cenwalh's victory there 46 
 
 BRAIOSA (William de), a justice and a sheriff in 1174 203, 204 (n) 
 
 In reign of Ric. I; and for some years of John's 227 (n), 238 
 
 Afterwards persecuted by John; his wife and son famished; when he died, 238 
 Of William's son John and his wife; payment by her not to be compelled to 
 
 marry again : 242 (n) 
 
 BRAKELONDA (Jocelin de), biographer of Samson de Totington 210, 211 (n) 
 
 His record as to Osborne Fitz-Hervey , :..242, 243 (n) 
 
 BRAMBRE (Sir Nicholas), an alderman of London ; who, in 1387, joined in danger- 
 ous counsels to Ric. II, and was charged with treason; 1387-8 tried, sentenced 
 
 and executed 675, 676, 677, 679 
 
 BRANDON (Charles), duke of Suffolk, in 1515 married Mary, sister of Hen. VIII, 
 
 and widow of Louis XII 926 (andn) 
 
 BRANTINGHAM, Thomas, presided at the treasury from 1368 for some years; in 
 
 1371 became bishop of Exeter ...., 601 (n), 623 
 
 1386 removed from treasury; and one of eleven in commission of Nov. 19, 
 
 672, 674 (n) 
 
 1389 returned to the treasury; by whom succeeded in 1389-90 684, 686 
 
 BRAY, Ralphde, in 1233 a justice 313 
 
 , Henry, an escheator, removed from office in 1289 411 
 
 BRAYBROC, Robert de, sheriff in lo Ric. I ; and as late as 15 John 239, 244 (n)' 
 
 , Henry de, in reigns of John and Hen. Ill; one of four justices who at Dun- 
 stable, in 1224, fined Faukes de Breaute 239, 290, 291 
 
 Of his being taken to Bedford castle and there maltreated. How released... .292 
 
 How long a justice; when he died 292 (n). 
 
 Payment by his widow ' for permission to marry whom she pleased' 348 (n) 
 
 , Henry's descendant, Robert de, before 1381, Sept. 9. Then he succeeded 
 
 Wm. de Courtneye as bishop of London 661 (n) 
 
 1382 (6 Ric. II) became chancellor in Sept. ; opened parliament in Octo. and \n 
 
 Feb 659, 661, 662 
 
 1383, March 10, removed from the chancellorship 663 
 
 1404, Aug. 27, the bishop's life ended; 1666, Nov. 12, his body seen by Pepys, 
 
 663 (n) 
 BRAYTON (or Drayton), Thomas de. See tit. Drayton. 
 BREAUTE (Faukes de), in reigns of John and Hen. III. Operation of the pope's 
 
 , mandate in 1223 „. 240 (andn), 288, 289 (andn) 
 
 1224, judgment against him at Dunstable. Unlawful course by him against the 
 judges. What then was done by the king's order: Bedford castle, to which 
 one of the judges had been taken, was besieged, and the judge released ; 
 Faukes's brother with other knights hanged; the castle destroyed ; and Faukes- 
 
 banished 291 to 293 
 
 The Pope interfered for him in vain. When and how Faukes's life ended, (292 n) 
 BRENCHESLEY (William). Before 21 Ric. II. What opinion he gave in Par- 
 liament in Jan. 1397-8. Afterwards appointed to Common Pleas 709 (n) 
 
 BRENCHMAN (Henry). Of his Historia Fandectarum 172 
 
 BRERETON, in reign of Hen. VIII, of the king's chamber; how his life ended, 
 
 1013, 1015 (n) 
 BRETON (John le), before end of 50 Hen. Ill; then raised to the bench; retired 
 from it in 1269, after being elected bishop of Hereford; died in 1275, 
 
 369 (and e), 384 (n> 
 
 Not author of the work called 'Britton' 459,460 
 
 BRETWALDA, ruler of Saxons 42 
 
 69 
 
1090 Index. — {Brewer.) 
 
 BREWER (John), in 1378, complained against, for breaking Lady Neville's house 
 
 and carrying away her granddaughter 644, 645 
 
 BRIBERY, judgment for in 1350 against Thorpe, C. J 59°. 59' (and n) 
 
 BRIDGES. Provision for, in Magna Carta. As to charge of repairing, 
 
 256, 979 (and n) 
 
 BRIDIUS, king of Scotland 39 
 
 BRIGHTRIC (or Bertric). See tit. Bertric. 
 
 BRITAIN, when a province of Rome. Political power centered at York, 
 
 9, 17, 19 (and n) 
 
 When left to struggle against the Picts 27. 28 
 
 Long held out against assailants ; what broke its powers of resistance, 32, 33, 37> 3^ 
 
 When possessed by Saxons and Danes 9 
 
 Process of migration to, and conquest of Britain by the English When a land 
 
 of Englishmen, with a Teutonic society 37.38, 103, 104, 105 
 
 When Britain, as a single political body, ceased to exist 4' 
 
 Of the Roman or Civil law, see tit. Civil law. 
 
 BRITANNICI JURE CONSULTI. Whether any in Cicero's time 13, 14 
 
 BRITO. Site^H. Albini(miliamde). 
 
 , Ranulph (or Le Breton). Before 1232. Then dismissed from treasurership 
 
 and fined; when he died 310 and n) 
 
 BRITONS had wars with Romans .18, 20 (and n), 52 
 
 And with Plots, Scots, Saxons and Danes 32, 33, 37, 38 
 
 Warfare of separate English against separate British kingdoms. When between 
 Briton and Englishman war languished; when it revived. What became of 
 
 the Britons 38,41,42,46 
 
 What was their law of descent 169, 170, 171 
 
 BRITTANY: See tit. Arthur. 
 
 BRITTON (Henry de), in 37 Hen. Ill, a. justice 332 (n) 
 
 Of work called Britton : 383, 458 to 463 
 
 BRIWER (William), a justice before 1189. Then one of the justices appointed as 
 
 a council to assist chief justiciary 210, 2i5, 217 
 
 In 1 191, a coadjutor with Walter de Constantius 221 
 
 A justice and sheriff under Ric. I; and a sheriff in subsequent reigns. His 
 
 footing with John 225 (n), 228 (n), 238 (n) 
 
 His exertions in reign of Hen. Ill; of his death and burial 278 (and n) 
 
 BRIWERA, or Bruwera (William de). In 1223 the Pope's mandate 288 (n) 
 
 BRIWES (John de), in John's reign a justice 246 (n) 
 
 BROCLESBY (William de), before 1341, Jan. 20. Then made a baron; alive in 
 
 25 Edw. Ill 574 (and n) 
 
 BROIS (Phihpde). His case 193, 194 (n) 
 
 BROK (Lawrence del), in reign of Hen. Ill, an advocate of high standing; raised 
 
 to the bench. When he died 370 
 
 BROMPTON (or Burnton, or Burton), William de. In Common Pleas from 6 
 
 Edw. I to 17 Id. ; in 18 Id., removed from office and fined 412 (n) 
 
 See also tit. Burnetoun. 
 
 BROOK V. Widecombe,va. chancery 1407,9 Hen. IV 759 
 
 BROUGHAM Castle 241 
 
 BRUCE (Robert), after victory at Bannockburn ; how mentioned by Mackintosh, 
 
 444 (n), 502 (n) 
 
 BRUNANBURGH. There, in 938, Athelstan victorious 72 
 
 BRUNDISH (Robert), before 1338, April 4. Then appointed to King's Bench, 
 
 SS7 (and n) 
 BRUS (or Bruis), Robert de, with William the Conqueror in his invasion of Eng- 
 land; his son Robert acquired Anondale 304 (n) 
 
 After iwo Adams, iom Peters. The third Peter, in 1226, a justice itinerant; 
 
 started for the Holy land; where and when he died 302, 304 (n) 
 
 1245, Robert, fifth lord of Annandale; in and after 1250 a justice at the head 
 of the commission ; 37 Hen. Ill, fine paid for marriage of his daughter, 
 
 335 (n). 341 (n), 348(n) 
 1263, on the king's side; 1264, taken with him at battle of Lewes. ...341 (n), 359 
 
Index. — {Bruwera.) 1091 
 
 1266, Octo., resumed place on the bench; 1268, March 8, appointed 'capitalis 
 
 justiciarius ad placUa coram rege tenenda ' ; mentioned as the first distinctly 
 
 constituted chief justice of King's Bench. What salary was assigned to him, 373 
 
 The fourth Peter, in 52 Hen. Ill (1268), a justice itinerant for Yorkshire; next 
 
 year constable of Scarborough castle; died in 1272 369 (n) 
 
 1290, Robert de Brus competitor for crown of Scotland. Notwithstanding de- 
 cision of Edw. I, Balliol's title was not acknowledged by Robert ; he died at 
 
 Lochmaben castle in 1295 .'573(1) 
 
 "BRUWERA. See tit. Briwera. 
 
 BRYAN, Sir Francis, in 1528 dispatched to Rome. 1536 of ' Master Bryan,' 956, 1218 
 BUBBEWITH (Nicholas), before 1402, Sept. 24. Then made Master of the Rolls; 
 
 resigned it March 2, 1405 755, 756 
 
 Afterwards in several bishoprics; in office of treasurer; and (in 1414) in mis- 
 sion to Rome. His character ; death and burial 756andn) 
 
 BUCKDEN (or Bugden), in 1533, residence of Katharine of Arragon 991 (and n) 
 
 BUCKINGHAM (Duke of) in 1483; influence at death of Edw. IV 848 
 
 May 16 made chief justice of Wales; June 24 at Guildhall, declaring Richard's 
 
 right; at Gloucester parting from him lovingly 848, 852, 856 
 
 At Brecon, Bishop Morton in his custody ; glided into his confidence ; plan con- 
 cocted of supplanting Richard 857,859 
 
 Octo., the Duke in open rebellion ; 12 Richard's intentions; determined to 'sub- 
 due his malys'. Before Nov. 26 the Duke beheaded 858 
 
 In 1523 his son; 14 and 15 Hen. VIII, ch. 20, "act of attainder of Edward, 
 late Duke of Buck" ; other acts as to the Duchess, and his estate, 924 (and n) 
 BUGDEN (or Buckden). See tit. Buckden. 
 
 BUGGERY, in 1553-4, stat. 25 Hen. VIII, ch. 5 992 
 
 BUKYNGHAM (or Bokyngham), John de. Before 1351. Then made keeper of 
 
 the king's great wardrobe 596 (n) 
 
 1357 made a baron; 1359 resigned; was keeper of privy seal from 1359 till 
 
 middle of 37 Edw. Ill 596 (and n) 
 
 From 1363, April 5, held bishopric of London for 34 years 596 (n) 
 
 1397, retired to cloisters of Canterbury; there died March 10, 1398. Of his 
 
 works ; what they prove 59*' (") 
 
 BULLEN or Boleyn. See tit. Boleyn. 
 
 BULLINGEBROOKE (Bertran de), in 9 Ric. II 728 (n) 
 
 BURGH. Castle of 241 
 
 , Hubert de, in reigns of Ric. I and John....' 260(0), 261 (n) 
 
 Became Chief Justiciary soon after John's Magna Carta : and retained the office 
 
 under Hen. Ill 260, 261, 278 
 
 Of him until his marriage in 1222 with Margaret, sister of king of Scotland, 
 
 278,281, 282 (and n) 
 
 1223, operation of the pope's mandate 288, 289 
 
 1225, of him upon the fall of Faukes de Breaute; and at the reissue of the 
 
 charters 292, 293, 300 (n) 
 
 1227, raised to earldom of Kent. Of his power and the greatness of his work, 
 
 notwithstanding the difficulty of his position 306, 307, 308, 309 and (n) 
 
 1232, an old clerk of his dismissed from the treasurership ; and Hubert him- 
 self, tho' recently made Justiciary of Ireland, summarily dismissed. Perse- 
 cuted upon untenable accusations. By whom succeeded 310, 311 
 
 Of his situation in 1233; and restoration (soon after April, 1234.) to his estates, 
 
 313 (and n), 315 (n) 
 22 Hen. Ill, the king again offended with Hubert; 23 Id., how the royal indig- 
 nation was manifested. What was proved in Hubert's behalf; yet what he 
 
 gave up 325, 326 
 
 Mentioned as ' England's last great justiciar.' His death and burial, 
 
 326 (n), 330 (n), 449, 474, 
 
 Who purchased his palace at Westminster; since known as Whitehall 326 (n) 
 
 -, Sir William. See tit. Burleigh. 
 
 BURGH-GEMOTS. By Canute's laws 88 (n) 
 
 BURGH ON THE SANDS. What was formerly near it 388 (n) 
 
1092 Index. — {Burghers^ 
 
 BURGHERS, Lord, in 1350; a commissioner in case of Thorpe, C. J 590 (n), 
 
 BURGHERSH, Robeft dt, in 1298, 1302, 1304; when he died 449, 534 (n)- 
 
 ' , Henry de, in reign of Edw. II : 1327, succeeded Bishop Orlton at the 
 
 Treasury ; 1328, received the Great Seal 534 
 
 1330, Nov., taken from him; but he received a general pardon 546 
 
 1334, made treasurer; 'superseded in 1337' 561 (and n), 563 
 
 1340, died at Ghent; buried in England 563 (n) 
 
 BURLEIGH (or Burgh), Sir William. 1387, Aug., signed document prepared by 
 
 Tresilian, C. J 675 
 
 1387-8, arrested, and judgment against him ; virhither he was sent; how and when 
 
 he returned to England. ., 677, 679 (n). 
 
 Sir Simon. 1387, committed to prison 676 (n) 
 
 1387-8, March, heard; May, sentence under which he was beheaded 680 
 
 1397, Sept., archbishop Arundel impeached therefor 705 
 
 BURNEBY, Thomas, and Dame Jane Carew.i 798 
 
 BURNEL (Robert). Where born; in 50 Hen. Ill clerk or secretary to Prince 
 Edward; accompanied him to the Holy Land, but returned before him. His 
 
 position then 377 (n) 
 
 Assisted in the regency until Edwards return to England 377, 378- 
 
 1274 Sept. 21 raised to the chancellorship; filled the office well; one of Ed- 
 wards practical advisers 383, 384 (and n) 
 
 1275 Jan. elected bishop of Bath and Wells but did not retire from the chan- 
 cellorship ; 384 
 
 With his able assistance began Edward's series of refprms 384 
 
 Stat. Westm. I (1275), almost a code by itself...... 385 to 388 
 
 Enactment in 1283 (11 Edw. I) at Acton-Bumell, (the place of Chancellor 
 Burnell's birth and residence), of what is called the statute of merchants, or 
 the statute of Acton-Burnell. What, under this statute, is to be done by the 
 
 chancellor 399, 400 
 
 Whatever the desire for the chancellor to be in a certain place there was for a 
 
 time difficulty about it 392 (and n) 
 
 In 1286 the King took with him to Gascony the Chancellor and the Great Seal, 
 
 410 
 
 1289 Octo. 13, " a commission under Burnell" to hear complaints. Result of 
 
 the enquiry was removal of the two chief justices (Hengham and Weyland) 
 
 and others 411, 412 (and n) 
 
 1291. At Norham when King Edward acted as arbitrator 416 
 
 1292. Octo. 25, died at Berwick upon Tweed. Where buried. His character. 
 
 416 (and n) 
 Mentioned as the first great chancellor; one who has left a remarkable name. IH^ 
 
 474- 475. 
 
 BURNETOUN (or Bumton), in reign of Edw. I; a justice itinerant 441 
 
 See also tit. Brampton. 
 
 BURNHAM, (Thomas de) 1304 in commission of trailbaston 445 
 
 BURNING for difference of opinion. See tit. Heresies. 
 
 BURROUGH, Samuel, as to chancellor's power 739 
 
 BURSTALL (William de) in 1371, one of the clerks or masters in chancery who 
 in March had custody of Great Seal during chancellor's absence ; 28 made 
 Master of the Rolls ; Domus Conversorum annexed to his mastership. How 
 
 long he continued in mastership; when he died 624 (and n) 700 (and n) 
 
 BURSTED (near Maidstone). Parliament there in 697 ....46. 
 
 BURTON (John de) Master of the Rolls from 1386 Octo. 24 till July 22, 1394; he 
 and another entrusted with Great Seal during a short absence of the chancellor, 
 
 700 (and n) 
 BURY (or de Aungerville) Richard de, before accession of Edw. Ill ; his offices 
 
 afterwards 530, 531 (and n), 548, 549 (and n) j 
 
 1334 made treasurer Feb. 3 ; chancellor Sept. 28 ; resigned chancellorship 1335 
 
 June 6 548, 549. 
 
 Of his employment in Durham diocese and in missions to France ; his habits 
 learning and taste ; valuable library collected by him, and his disposition of it, 
 
 549. 550- 
 
Index. — (^Bury St. Edmunds.) 1093 
 
 1345, died in his palace of Auckland and interred in his cathedral 550 
 
 Of his ' Philo-biblon' whereof an American edition was published at Albany in 
 
 1861 55° (n) 
 
 Adam de (Bury) in 50 Edw. Ill (1376) ; how proceeded against ; whether 
 
 pardoned 628, 635 (n) 
 
 BURY ST. EDMUNDS. Of the monastery there ; and visits to Bury by Hen. 
 
 III. Therein 1272 he held a parliament; and on Nov. 16 died 375 
 
 1381 June 15, there murder of the prior, and of Chief Justice Cavendish 652 
 
 1427, there burial of ex-chancellor Thomas Beaufort duke of Exeter ; condition 
 
 of his body 345 years afterwards 783 (n) 
 
 1446-7 (25 Hen. VI), there parliament opened; by whom and in whose pres- 
 ence. Duke of Gloucester found dead ; proceeding as to his wife's dower. 
 
 794 (and n) 
 iBUSSEY (Sir John) Speaker for the Commons in parliament of 17 Ric. II, and 21 
 
 ^d .". 694 (n), 702, 70s 
 
 I Hen. IV, as to his estate, provision in act of parliament 748 (and n) 
 
 BUTLER Charles's opinion against pope's claim of temporal power by divine right. 
 
 yames earl of Wiltshire one of five to keep the seas in 1454 and 1455 ; 
 
 1455-6, March 15, appointed treasurer; 1456, May 29, removed ; 1460-61, 
 
 Feb. 3, defeated at Mortimer's cross 807 (n), 808 (n) 817 
 
 Sir Piers. Between his heir and a daughter of Sir Thomas Boleyn, matri- 
 monial alliance contemplated in i6th century 942 
 
 BUYING AND SELLING OFFICES, from 1066 to Ii54and after 179 (n) 
 
 In reign of Ric. I, 1 189 to 1199 215, 216 (and n), 224, 225 
 
 In John's reign, Walter de Grej purchased the Chancery 237, 249 (n) 
 
 SYNTEWORTH (Richard de), befbre 1338, May 4. Then elected bishop of Lon- 
 don; July 6 appointed chancellor; died 1339, Dec. 8 561 and (n) 
 
 BYRLAY (William de), a clerk in the chancery, with whom and others the Great 
 Seal was deposited during occasional absences of the chancellor, from 1 298 to 
 
 1308 436, 437 (and n), 485 (n) 
 
 BYRUN {^Jokn de), in 1305, a justice of trailbaston 445 (n) 
 
 <;ADE, John, in 1450, in rebellion 799 
 
 CADWALLON, Welsh king, fell fighting (in 633) on 'Heaven's Field' 42,43 
 
 CGEDMON. See tit. Cedmon. 
 
 CAEN (John de), with other clerks of the chancery, from 1292 to 1302, holding 
 Great Seal during the chancellor's occasional absences. His position after- 
 wards , 436,437 (and n) 
 
 CAERNARVON (or Carnarvon) castle built by Edw. I; his queen there in 1283; 
 
 statutes made there in 12 Edw. I •. 400 (n) 
 
 CjESAR {Julius) of Rome). Whether any skilled in Roman law were employed 
 
 by him in British isle. 11 to 15 
 
 CALAIS taken in 1347, Aug. 4; by stat. 21 Ric. II, ch. 17, licenses allowed for 
 exporting thereto staple merchandize; Id., ch. 18, of carrying stones for bal- 
 last towards repairs of beacons, &c., at Calais 709 (n) 
 
 CALCLAITH. In 787 enactment by council there 113 
 
 CALETO (or De Caux) John de, abbot of Peterborough, a justice from 1254 to 
 1258 ; treasurer from 44 Hen. Ill till death in 1262,339 (and n), 354 and (n) 
 
 CAMBRAY. Treaty of in Aug., 1329 960 
 
 CAMBRENSIS (Sylvester Giraldus) in reigns of Ric. I and John 264 
 
 •CAMBRIDGE. Edmund, son of Edw. Ill, created earl of 605 {n\ 
 
 Foundation by Hen. VI of college therein 799 (and n) 
 
 CAMLAN, place of King Arthur's conflict with his nephew , 34 
 
 CAMPEGIO (or Campaine) in 1528, appointed by the Pope's commission of June 
 6 to judge marriage between Hen. VIII and Katharine. What was written 
 in Sept. by the Pope's Secretary to Campegio. His condition in Octo., 
 
 950. 954, 955 
 As to proceedings of the two cardinals in London, see tit. Wolsey. 
 1529, Cardinal C. saw the King at Grafton, and thence ' took his journey towards 
 Rome.' What occurred 'when he came to take ship' 962, 963 (and n). 
 
1094 Index. — {Camville.) 
 
 CAMVILLE Gerard de and wife in John's reign; he died in i6 John, 
 
 225 (n), 239 (n), 24s (n) 
 
 Nicola his wife held sheriffalty of Lincolnshire ; was governess of castles of 
 
 Frampton and Lincoln; and defended the latter against the barons. She 
 
 died about 15 Hen. Ill 245, 246 (n) 
 
 CANON LAW. Its growth; and Gratian's work 134, 13S. '74 
 
 1543-4, Stat. 35 Hen. VIII ch. 16 for " examination of canon laws by 32 
 
 persons" 1052 
 
 See also tit. Ecclesiastical Canons. 
 CANTEBRIG Thomas de, before Sept. 16, 1307. Then appointed a baron of the 
 Exchequer; 1308 under patent of Octo. 24 special authority; 1310 still a 
 
 baron; how employed till 1317 486 (n), 487 (n) 497 
 
 yohn d!, before 1331 Jan. 18. Then came in the Common Pleas. Had a new 
 
 patent 1334 Jan. 20; died next year 545 (and n) 546 (and n) 
 
 CANTERBURY, Ethelbert's metropolis; earliest royal city of German England; 
 
 centre of Latin influence 40 
 
 See of. There was Augustine. There in 668, Theodore of Tarsus began his 
 work as Archbishop. Archbishop Berthwald in 697 presided over parliament 
 
 at Bursted 40, 44, 46. 
 
 CANTILUPE. Whence the name 287 (n) 
 
 William de, in reigns of John and Hen. Ill; when he died. ..244, 287 (n), 350 (n) 
 
 Walter (his son) in reign of Hen. III. With whom united in the government, 
 
 during the king's absence; with whom joined in representing bishops in 
 
 1244; in 1258, elected by barons to be in commission of 24; died at Blockley 
 
 Feb. 12, 1265 308 (n), J29 (and n), 330 (and n), 350 (and n)- 
 
 7T4offZ(2j (William's grandson) before Feb. 21, 1265. Then selected by barons 
 to fill chancellorship. Of him, after battle at Evesham, Aug. 4, 1265; com- 
 pleting a course of divinity, obtaining 'many and fat benefices' and elected 
 bishop of Hereford. Of his death, burial and canonization. ..361 (n), 362 (n) 
 This bishop compared with his uncle Walter bishop of Worcester ..479, 480, 481 
 CANUTE (Sweyns son) succeeded his father; his age when chosen king; whom he 
 
 . married; his laws and character 84 to 91 
 
 About 1026 or 1027 his pilgrimage to Rome ; his letter to England, marking his 
 
 noble conception of kingship 89, 90 
 
 Whether his importation of St. Augustine's arm was suggested by a taste for art. 
 
 Of his death and burial 90, 91 
 
 CAPITULARIES. Inroad of written law afterwards 383 
 
 CARACALLA, (eldest son of Lucius Septimius Severus), accessory to murders 22 
 
 CARADOCK (or Caractacus); descent from him 20 
 
 CAREW Dame Jane. In 1450, the Queen recommended to her Thomas Burneby, 
 
 798 
 Nicholas, of whom there is a picture by Holbein, suffered death (under sen- 
 tence) in 1538-9 1018, 1030, 1031, (and n) 
 
 CARILEFO (or Carileph). Wlliam de, bishop of Durham. Whether in 1087 or 
 
 io88 he was justicier ; report of the court held on him 142, 143, i8i, 182 
 
 When obliged to quit England; when he returned to it. Of his death and 
 
 burial 142, 143 (n) 
 
 CARLETON (William de) before 1241. Then appointed a baton of the Exchequer.^ 
 How employed in 25 Edw. I. Senior baron after 31 Edw. I. His position 
 
 in reign of Edw. II 418 (and n), 440, 486,487 
 
 CARLISLE, Castle of, before 17 John; 'statute of in 35 Edw. I, 
 
 242, 435 (and n), 467 (n) 
 
 Bishop of, in new council, in 11 Edw. II (1318); in i Ric. II one of nine 
 
 whom the King " by the advice of the Lords" then chose to be councillors, 
 
 512 (n), 639 (n) 
 
 1431 Nov, in council, vote of the then Bishop 788 (n) 
 
 CARLOVINGIANS. See tit. Ji'drolingians, or 117, 118. 
 
 CARTA DE FORESTA. See tit. forests. 
 
 CARUCAGE, a tax on each carucate or 100 acres 231 
 
 CARY John, before 1386 Nov. 5. Then succeeded Ro. de Plesyngton as Chief 
 
Index. — (Case.) 1095 
 
 Baron of the Exchequer 673 (and n) 
 
 1387 Aug. signed document prepared by Tresilian C. J 675 
 
 1387-8, after sentence against him, sent to Ireland; his situation there. Obser- 
 vations upon his case 677, 679 (and n), 720 
 
 CASE. See tit. Trespass on the Case. 
 
 CASSY (John), 1389 May 12, made chief baron 685 
 
 CASTILE AND ARRAGON. Whether King of, was conferred with, by Lords 
 
 and Commons, in parliament of 1377 608 (n) 
 
 CASTLES, the subject of resolutions by committee of 24 in 1258 351 (n) 
 
 , As to castles and jails, see tit. jfailors and jails. 
 CATESBY (John), in 1483, justice of Common Pleas, assisting Chancellor Russell,^ 
 
 912 (and n) 
 CATULUS (Roger Malus), in 1191, drowned with Seal of Ric. I round his neck, 219 
 CAUNTON (John), alderman of London, father of wife of Christopher Hales, who, 
 
 in 1536, became Master of the Rolls 104 1 (n) 
 
 CAUX (or Caleto) John de. See tit. Caleto. 
 
 CAVE, John de, a justice from 1254 to 1261 ; this or another John on the King's 
 
 Bench in 1283 340 (n), 412 
 
 , Hugh de, before 21 Edw. I (1293). Then a justice itinerant; what after- 
 wards 419, 420 (and n) 
 
 CAVENDISH, yohn de, before 1371, Nov. 27; then, and after, a judge of Common 
 
 Pleas 5l2 (and n) 
 
 1372, July 15, raised to chief justiceship of King's Bench 616 
 
 Fulfilled his duties with credit. What he said upon question as to a lady's age,. 
 
 616,617 
 
 1377, on accession of Ric. II reappointed Chief Justice 642 
 
 In parliament his part as judge in i Ric. II ; what was committed to him in 
 
 3 Id. 640, 64S 
 
 Chancellor of University of Cambridge, besides being Chief Justice till 1381, 
 June 15. Then insurgents plundered and burned his house; and beheaded 
 
 him. Of his high character and of his descendants 652 (and n) 
 
 Sir William \iTOXe oi Wolsey 930 
 
 Of complaint in 1384 by yohn Cavendish against Chancellor Pole, see tit. Pole 
 
 and 666 
 
 CAXTON, Jeremiah de, a justice in 1246; what afterwards 332 (and n) 
 
 , William, long abroad. Of his printing on the continent, and after his 
 
 return to England. Who encouraged his press 903, 904 (and n) 
 
 CEDMON, a Saxon; his poem translated by Alfred into English 57, 66 
 
 CELLINI (Benvenuto). His connection with killing the Duke of Bourbon in 1527, 
 
 938 (and n) 
 
 CENRED, King of Northumbria 49 
 
 CENTURIES REVIEWED. Period of Britons and Romans— before 449... 10 to 31 
 
 Period of Saxons and Danes — 449 to 1066 loi to 122 
 
 Norman period — 1066 to 1154 167 to 183 
 
 Reign of Hen. II and his sons — 1154 to 1216 264 to 275 
 
 13th century — 121 6 to 1307 449 to 482 
 
 14th century — 1307 to 1399 716 to 743 
 
 15th century — 139910 1509 887 to 919 
 
 Revenue of England; expenses of government; and exaction under name of 
 
 benevolence 887, 885 
 
 Trouble and misgovemance : too much cruelty and persecution ; too little toler- 
 ance, justice and mercy ; evils seen but the remedy not grasped. Of thS na- 
 tion's rights and wrongs; respective duties of the governors and the governed. 
 The nation jealously on the watch against royal interference in elections. 
 
 Grants of money connected with redress of grievances 889, 890 
 
 In the administration of justice there were evils which conduced to the fall of 
 the House of Lancaster; and which were not remedied by the House of 
 York. Evil reputation of the York kings must be shared by a demoralized 
 
 age 896, 897 
 
 In I Hen. VII remonstrance against the King's consulting judges beforehand, 
 
 897, 89S 
 
1096 Index. — {Ceniwine.) 
 
 Of learning and literature before and in the 15th century 898 
 
 In i6th century, stat. 4 Hen. VIII, ch. 8, and ch. 34, g 2, illustrate abuse of 
 
 power : 924 
 
 Of principles proper to be considered in chancery, especially as to whether there 
 could, in chancery, be jurisdiction in matters cognizable at common law. See 
 pages 906, 907, and tit. Equity. 
 
 CENTWINE (or Ceadwalla), king of Wessex 47 
 
 CENWALH, king of West Saxons 46 
 
 CENWULF. See tit. Kenwulf, &■&& 51 (n) 
 
 .CEOLRED, a Mercian king 47.49 
 
 CEOLWULF, king of Northumbria; to whom Bede's history was dedicated. Of 
 
 his resignation and death 49i S** 
 
 CERDIC, a Saxon, ^^ctorious and a king 33' '°^ 
 
 When he had but one descendant in existence ; ditt'erent in 1135 S^' '^'' '^^ 
 
 CERTIS DE CAUSAS. Writs of...... 687,767 
 
 CESTRETON (Adam de), an ecclesiastic; in 50 Hen. Ill granted custody of 
 
 'Domus conversorum' ; 52 Hen. Ill a justice; next year he died. ..370 (and n) 
 
 CHACEPORC (Peter), in 26 Hen. Ill, king's treasurer; jg to 37 Hen. Ill keeper 
 
 of king's wardrobe; in 1253, had of Great Seal custody in part, in May; had 
 
 other offices in that and the next year; and was one of the executors named 
 
 in will of Hen. Ill 330 (n), 343 (and n) 
 
 CHALLENGING FOR CAUSE, an indicator; 25 Edw. HI, stat. 5, ch. 3 594 
 
 CHAMBER DE PINCT. See tit. Painted Chamber, and 579 (n) 
 
 CHAMBERLAINS. The king's; sometimes acting as justices 189, 190 
 
 CHAMPERTY. What was held not to be 696 (and n) 
 
 CHANCELLOR of the Karolingian sovereigns. Whence the English chancellor 
 
 derives his name and function '. 7, 117, I18 
 
 Of chancellors from 901 to 1066 55, 63, 64, 73, 74, 83 (and n), 96 
 
 From 1066 to I r 54 138, 139, 154, 178 
 
 1 189, Ric. I sold this high ofifice. Before 1216 the chancellor of increased 
 
 importance. How his equitable jurisdiction arose 269 
 
 In 1244, 1248 and 1249, demand for his appointment by the common council of 
 
 the realm 330, 333, 334 
 
 After the great justiciar's fall, the chancellor was in reign of Edw. I next to 
 
 the king 474 
 
 1292, Chancellor Langton's ordinance for more regular dispatch of business. ..474 
 
 27 Edw. I, stat. ^de libertatibus perquirendis \: of * the chancellor and of his 
 lieutenant' , 428 (and n) 
 
 28 Edw. I, ch. 5, that he " shall follow the king'' 430 (and n) 
 
 3 Edw. II (1309), 'Statute of Stamford' 490,491 
 
 1346 (20 Edw. Ill), chancellor and treasurer to hear complaints and ordain 
 
 remedy 586 (n) 
 
 1357, as to stat. 31 Edw. Ill, ch. 12, see tit. Exchequer and 603, 604 
 
 1387, II Ric. II, the chancellor empowered to survey the courts and put fit in 
 
 place of unfit officers 719, 720 
 
 1393-4, 17 Jd., ch. 5, — to award damages to him 'troubled unduly,' 
 
 695, 696 (and n) 
 Before or about the end of 14th century, in addition to his ordinary powers, his 
 
 separate powers became established 474, 475, 734 and tit. Equity. 
 
 1495, by stat. II Hen. VII, ch. 25, extraordinary jurisdiction given the chan- 
 cellor as to perjury, maintenance and corruption. In 1 503-4, his powers and 
 * duties enlarged by statutes of 19 Hen. VII, especially ch. 12, and ch. 14. 
 
 How, in the 15th century, he was assisted in hearing causes, 
 
 875, 876, 88s (and n), 913 
 CHANCERY. Whether a court of. in Alfred's reign. Of it in reigns of Ethelred 
 
 and Will. 1 63, 83, 84 (and n), 87, 138 
 
 Of magistri cancellarice called in stat. Westm. 2, ch. 24, clerks of the chancery; 
 
 and of other officers of the court, 403 (n), 409, 583 (n) ; and tit. clerks. 
 
 Its progress in the 13th century; how administered 458 
 
 Of it as officina justitia. After 2 Edw. Ill, ch. 10 and 8 Id. writs to be had 
 
Index.— (Oa/Kj/j.) 1097 
 
 for only th* fees of the seal without any fine 471, 533 (n), 552 
 
 There were still complaints as to matters for which the King considered there 
 
 might be 'writs out of the chancery' 471, 533 (n), 552, 567, 568 
 
 As to what was cognizable therein there was question in 18 Edw. Ill; and after 
 36 Id. Stat. I, ch. 9. In lo Ric. II was chancellor Arundel's writ of Nov. 8; 
 and 13 Id. a petition that no chancellor make order against the common law. 
 
 582, 583, 604, 674 (n), 687 
 
 In 14th century connection between parliament and the chancery 726 
 
 In isth century respective parts of Lord chancellor and Master of the Rolls 
 
 • when judges were sworn into office 895, 
 
 1545 May 9, by Lord Chancellor Wriothesley, "orders taken as touching the 
 
 chancery." 1056 (and n) 
 
 ■CHAPUYS Eustace, ambassador from Charles V to England between 1539 and 1545, 
 
 1008 (and n) et seq. 
 
 CHARFORD in 519, place of victory over Britons 33 
 
 CHARIBERT, Frankish king 40 
 
 CHARITIES, within jurisdiction of chancery 918 
 
 ■CHARLEMAGNE, in intercourse with Alcuin, and Egbert, and in treaty with Offa, 
 
 50 (and n), 51 (and n), 52 
 
 788 caused Theodosian code to be transcribed 53 
 
 814 succeeded by his son 53 
 
 •CHARLES '{Edward), in 1306 450 
 
 CHARLETON Robert de. Chief Justice of Common Pleas from Jan. 30, 1387-8 till 
 
 1394 681 (and n) 
 
 Sir Thomas, Speaker of the Commons in 1453-4 804 
 
 •CHARMOUTH, where Egbert fought Northmen ». 53 
 
 ■CHARTERS. See tit. Magna Carta, and tit. Forests. 
 
 For 'observance of the charters,' ordinance of 1310. Also 1326-7, I Edw. Ill, 
 
 Stat. 2, ch. I ; 2. Id. 491 (and n), 527 
 
 Statute of Northampton; 4 Id.,c\i. i ; and 1331 ; 5 Id,, ch. i and ch. 9, 
 
 532, 533, 542, 547 (and n) 
 
 8 Edw. Ill; 10 Id., Stat, i ; 14 Id., stat. I, ch. 2 ; 28 Id., ch. I ; 31 Id... ch. i ; 
 
 36 Id., Stat. I, ch. I ; 42 Id., ch. I ; 50 Id., ch. i and 2; i Ric. II, ch. I ; 
 
 2 Id., ch. I ; 5 /(^.,ch. I ; 6 Id., ch. I ; 7 /a"., ch. 2 ; 8/</.,ch. 1 ; i2/a'.,ch. i, 
 
 552, 559 (n); 565(1); 598 (n); 603 (n) ; 605 (n) ; 618; 630 (n) ; 639 (n); 
 
 646 ; 656 (n) ; 662 (n) ; 664 (n) ; 682 (n) 
 
 ■CHASTILLON (or Castillon), Henry de, a justice under Ric. 1 227 (n) 
 
 CHAUCER {Jeoffrey or Geoffrey), the Poet; not in parliament 671 
 
 , Thomas, the poet's heir, and cousin of the Beauforts, was Speaker of the 
 
 Commons in 9 Hen. IV; 11 Id.; 13 Id.; 2 Hen. V; and perhaps in May, 
 
 1421 759.760,761,764.772 (n) 
 
 Of his interests as chief butler and in other matters. When he and his wife 
 died; where they are buried; whom his daughter married, 759 (n), 760(0), 765 (n) 
 CHAUCOMB {Hugh de), a sheriff under Ric. I and John; justiciar in 2 Jolin in Nor- 
 mandy, in 5 Id. in England 238 (n), 244 (n) 
 
 CHELSEA. Sir Thomas More's residence 972, 973, looi, 1002 
 
 CHESTER. What happened there about 577 and 607 38,41 
 
 , Earl of, in reigns of Ric. I, John and Hen. III. Ranulph de Blundevil 
 
 (or Blandevit) 224, 282, 288 (n), 309, (and n), 310, 478 
 
 , Peter de, in reign of Hen. III. Baron of Exchequer from 12 Edw. I till 
 
 1288. Died about 1298 412 (and n) 
 
 county under stat. 21 Ric. II, ch. 9, and 34 and 35 Hen. VIII, ch. 13, 
 
 708 (and n), 1050 
 
 CHEVIOT. 1513, Sept. 9, battle on its edge 925 
 
 CHICHELE, an archbishop of gentle wisdom, died in 1433 889 
 
 CHICHESTER. Bishop of, in 1318, in new council 512 (n) 
 
 Thomas, bishop of, in 1387-8 heard in March; in May banished to Ire- 
 land 680 
 
 •CHIEF JUSTICES, from beginning of reign of Edw. i 450 
 
 Their appellations before, and in, and since I Edw. 1 379 
 
1098 Index. — (^Chieftains?) 
 
 Of them from 4 Edw. I until renomination in 1278 at Gloucester 389, 39S 
 
 CHIEFTAINS, in 3 Ric. II, required to recompense harm done by their soldiers, 
 
 646 (n) 
 
 CHILDREN, born abroad. See tit. Heir and 619 (n) 
 
 CHIRURGEONS. Stat. 32 Hen. VIII ch. 42 " concerning barbers and chirur- 
 
 geons." 1042^ 
 
 See also tit. Physicians. 
 CSl&BXnJL I^John de\ in 1262 arch-deacon of London; 1264 chancellor of the 
 
 Exchequer; 1268 dean 3^° 
 
 The Great Seal in his custody, upon occasions from 1264 to end of July 1269, 
 
 360 (and n), 367 
 
 Treasurer from Feb. 1270 for about two years 367, 368 
 
 1273 Dec. 7, elected bishop of London ; 1 280 Feb. 8 died; where buried..368 (n) 
 CHOKE J., in 1483,11 justice of Common Pleas; assisting chancellor Russell, 
 
 Cgi2 and n) 
 
 'CHOYCE CASES in chancery'; when published 11 (n) 
 
 CHRISHULL (Gilbert of), in 1344, a clerk of the chancery 582 
 
 CHRIST. Stat. 32 Hen. VIII. ch. 26 'concerning Christ's religion' 1041 
 
 CHRISTENDOM inundated from Pagan north I 
 
 CHRISTIAN CHURCH, before landing of Enghsh in Britain ; how divided by 
 
 English conquest of Britain 39- 
 
 CHRISTIANITY and its consequences. When it was first preached in the British 
 
 Isle. What was done by Lucius king of the Britons 2,3, 16,20,21 
 
 Of it in Ireland; in St. Columba's time; in King Ethelbert's dominions; and 
 
 its acceptance by Northumbrian witan 27, 39, 40, 115 and 117 (n) 
 
 CHRONICLE English «r Anglo Saxon 66, 67, 126. 
 
 CHURCH government of Rome, i, 39 and tit. Christian church. 
 
 jurisdiction separated from secular business of courts of law 134, 135 
 
 Whom the English church combined. What wrongs formed matter of debate 
 
 in national gatherings 266, 333 
 
 Growth of representative system in 13th century 397 (and n) 
 
 1310, Ordinance as to 'privileges of the church' 494 
 
 1340, 14 Edw. Ill Stat. 4, ch. 2, of presentment to churches; ch. 4 for keeping 
 temporalities without waste; ch. 5 power to let temporalities of bishops, &c.,. 
 
 567 (n) 
 1371, 45 Edw. Ill, complaint of realm being governed by men of the church, 
 
 622, 623- 
 Subsequent statutes in 14th century: 1376, 50 Edw. Ill; 1377, i Ric. II, ch.^ 
 15 ; 1378, 2 Ric. II ; April 1379, ch. i ; 3 Ric. II, ch. i ; 5 Id., ch. i ; 6 Id., 
 Stat. I, ch. 1 ; Stat. 2, ch. I ; 7 Id.; ch. I ; 8 Id., ch. I ; 12 Id., ch. i, 
 
 630 (n), 640 (n), 644, 646, 647, 656 (n), 662 (n), 664 (n), 668 (n), 682 (n) 
 CHURCH YARD. Before Edw. Ill, statute " that the Rector do not cut down 
 
 trees in the church yard" 519 (and n) 
 
 CICERO for Coecina ; and of Trebatius 6, 1 1 to 15 
 
 CINQUE PORTS Oflficers thereof in reign of Edw. 1 449 
 
 CIRCUITS of .shires by judges in 1168 and 1293 198, 199. 
 
 CIRCUMSPECTE AGATIS. Statute of in 13 Edw. 1 408 
 
 CIRENCESTER a city before 577 38 
 
 CITIES, BOROUGHS AND TOWNS of the Britons 62 (n> 
 
 Of their sending representatives ; the privileges granted them by Hen. I; and 
 
 the charters granted by John 158, 159 (and n), 238 
 
 CIVILIZATION in England 40 
 
 CIVIL LAW. Before 411 -viiio. power in Britain as Roman or imperial law 25 
 
 After 41 1 with influence where England's common law was the rule of decision, 
 
 28 to 31 
 What constitute the ' Corpus Juris Civilis ' : Selden's account ; and Dr. Duck's 
 
 treatise 26, 27, 172 
 
 As to its study from 1154 to 1216. How it came into use in England in 13th 
 
 century and then gave a rule which has been followed. ..264, 265 ; 463 to 465 
 
 Whether in latter part of reign of Edw. II, or early part of reign of Edw. Ill, 
 
Index. — {Clahaul) 1099 
 
 its study was cultivated less than it had been 723 
 
 In II Ric. II (1387—8), conclusion of the Lords that the realm is not governed 
 by the civil law. Whether there is foundation for the statement that in that 
 reign the judges prohibited it from being cited in common law tribunals, 
 
 678, 723, 724 
 Though the realm is governed by the common law, yet rules of the civil law are 
 
 often applied 724 to 726 
 
 1545, act of 37 Hen. VIII, ch. 17, as to Doctors of the civil law 1060 
 
 CLAHAUL (Hugh de), a justice in 9 Hen. Ill 300 
 
 CLARENCE (Duke of), brother of Edw. IV, in 1469, at Calais, married Isabella 
 
 Neville 826 (and n) 
 
 1473, May, and 1473-4, Feb., grants in parliament 840, 841 
 
 1476, Dec. 12, Isabella's death; question as to its cause 841 (and n) 
 
 1477-8, Clarence in the Tower; manner of his death 845 (and n) 
 
 Of Edward, his son and heir; kept in custody in reign of Ric. Ill, and when 
 that reign was ended conveyed in 1485 from Yorkshire to the Tower of 
 
 London 865 (and n) 
 
 CLARENDON. In 1 164, assembly there; in 11 66, assize; by whom carried out 
 
 in u66-7„ 194, 195, 197 (n), 198 (n) 
 
 1170, enquiry directed into its execution; the assize amplified in assize of 
 
 Northampton 201, 205 (n) 
 
 CLARKE (Nicholas), in i Ric. II 728 (n) 
 
 CLARKS (or Clerks). See tit. Clerks. 
 
 CLAUDIUS. His invasion of Britain; and his death 17, 18 
 
 CLAVER (John), under Edw. II and Edw. Ill; 7 Edw. Ill a justice itinerant..538 
 
 CLAY (Stephen de), in John's reign a justice 244 (n) 
 
 CLEMENT VII, succeeded Pope Adrian in 1523; died in 1534; succeeded by 
 
 Paul III 935.994 
 
 CLEMENT'S INN, in isth century. What Master Shallow says. ..893, 894 (and n> 
 
 CLERGY, in great struggle during 13th century 376, 482 
 
 1316, 9 Edw. II, of ' observing the statute for the clergy' 508 ■ 
 
 8 Edw. III^ petition for remedy against their oppressions for probates and cita- 
 tions; 25 dd., Stat. 6, ordinance for them .552 (n), 594 (n)- 
 
 1378, 2 Ric. Ill, prayer for redress where they have " encroached against the 
 
 laws , 644 
 
 1387-8. Their declaration in House of Lords against being present where 
 censure of death is to be passed. Their Proctor m 1397 and 1397-8, 
 
 678 (n), 70s, 707 
 
 Their side in the struggle in this (14th) century 718, 719 
 
 In reign of Hen. VIII, stat. 25 Hen. VIII, ch. 19; Id., ch. 20; 27 Id., ch. 20; 
 
 28 Id., ch. 11; 31 Id., ch. 6 992,993, 1007, 1025,1031 (and n) 
 
 CLERICUS DE SIGILLO, under Hen. I. Position then of Robert de Sigillo, 
 
 afterwards bishop of London 154 (and n) 
 
 CLERK OF THE CROWN 7z7 
 
 CLERKE (John). One was second baron before and in 1481 905 
 
 Another was a chaplain (of Wolsey), archdeacon of Colchester, dean of Wind- 
 sor and ambassador to the Pope ; 929 
 
 Octo. 20, 1522, to Octo. 9, 1523, Master of the Rolls ; in and after 1523, bishop 
 of Bath and Wells ; also in embassies and other matters. Of his death and 
 
 burial 9^8 (and n) 
 
 CLERKS (or Clarks). What kind of officers are so styled 726 (n), 913 
 
 — ^ of the Chancery. Mentioned in stat. Westm. 2, ch. 24; called also magistri 
 
 cancellariiE. Their oath 403 (and n), 586 (n) 
 
 Some known as the six clerks ; others known as the twelve clerks ; these twelve 
 called masters in chancery. In what, the premier master — the Master of the 
 Rolls — is or is not distinguishable from the other eleven. What writs, clerks 
 
 or masters might sign.. 403 (n); S86 (n); 727 to 731 
 
 of other courts (than the chancery) appointed by justices thereof, 
 
 405,406 (and n). 
 of the Signet and Privy Seal, 1535-6, stat. 27 Hen. VIII, ch. 11 1007 
 
1100 Index. — {Clermont.) ' 
 
 'CLERMONT (Lord), in 1869, editor of works of his ancestor. Sir John Fortescue, 
 
 892, 893 (and n( 
 CLEVES (Anne of). See tit. Anne. 
 CLIDERHOU (Robert de), a clerk in the chancery under Edw. I and Edw. II ; in 
 
 4 Edw. II a justice of assize; alive in 7 /ti. ■. 49^ (and n) 
 
 ■CLIFF William de, in reign of Edw. II ; one of those under whose seals the Great 
 Seal was placed sometimes, in the chancellor's absence or a temporary vacancy 
 
 of the office „ S'S (m 
 
 Henry de, before July 4, 1325 when he became master of the Rolls. What bus- 
 iness he and the bishop of Norwich transacted from Nov. 17, 1326 till after 
 
 appointment of a chancellor 520 (and n), 525 
 
 In reign of Edw. Ill Master of the Rolls, the first seven years. The Great Seal 
 frequently entrusted to his custody ; sometimes with an associate. His death 
 
 about Jan. 1334 534 (and n) 
 
 ■CLIFFORD William de,heiore 1270; then made chancellor of the Exchequer 
 
 368 (and n) 
 Roger de, before 1269. Then at the head of justices itinerant in six coun- 
 ties ; in 1270, went to the Holy Land ; 1280 at the head of justices itinerant. 
 
 His death in 1286 371 (and n), 395, 396 (and n) 
 
 1455 May, at St. Albans, one Lord Clifford slain 808 
 
 1460 Dec. another slew the Duke of York's son, the Earl of Rutland 817 
 
 CLIFFORD'S INN, in 14th and 15th centuries 722, 893 
 
 "CLINTON (Geoffrey de) built Kenilworth castle and was one of the principal jus- 
 tices of Hen. I. In 1130 accused of treason 156, 180 
 
 •CLOPTON (Walter de), before 1387-8 Jan. 31. Thenceforth Chief Justice of 
 
 King's Bench till Nov. 1400; died about 1410 681, 744 (n) 
 
 •CLOTH. As to, statutes in reign of Edw. Ill: 11 Edw. Ill; AT Id.; 50 Id.; 
 
 ch. 7 559, 560 (n) 627 (n) 630 (n) 
 
 Statutes in reign of Ric. II: 3 Ric. II ch. 2; 7 Id. ch. 9 ; 12 Id. ch. 14; 13 Id. 
 ch. 10 and ch. II ; 15 Id, ch. ID; 17 Id. ch. 2 and ch. 3, 
 
 647 (n) 664 (n) 683 (n) 688 (n) 691 (n) 694 (n) 
 
 ■COBBEHAM Henry de in reign of Hen. Ill ; and three sons 285 (n) 
 
 yohn de before 28 Hen. Ill; then raised to the bench 327 (and n) 
 
 Reginald de, from 1248 till 1257 a justice or sheriff; also in other offices, 
 
 332 (and n) 
 
 William de, a justice itinerant in 39, 40 and 41 Hen. Ill 339 (and n) 
 
 , John's son John, before 52 Hen. Ill ; then a justice itinerant ; 54 Id,, 
 
 advanced to the bench ; a baron of the Exchequer in 4 Edw. I, and during 
 
 the rest of his life. He died in 28 Id 370 (and n), 391 (and n) 
 
 -COBHAM, Lord, 1377, July 17, one of the standing council of Ric. II; 1386, one 
 of eleven in commission of Nov. 19; 1387, a negotiator; 1397, proceed- 
 ings against him (Sir John) 638 (n), 674 (n), 676 
 
 1413, after accession of Hen. V, Sir John Oldcastle (Lord Cobham), tried, con- 
 demned and escaped. After some years captured and burnt..']()\, 765 (and n) 
 
 •CODEX REPETIT^ PRiELECTIONIS. When published 37 
 
 CODDINGTON- (or Codington), Sir John, clerk of Parliament 593 
 
 , Henrie, in 49 Edw. Ill, a master in chancery 728 (n) 
 
 •CCECINA. See tit. Cicero and 6 
 
 "COKE (Sir Edward), as to parliament of West Saxons .....48 
 
 COKEFIELD, Robert de, in 9 Hen. Ill a justice 301 (n) 
 
 , John de, a justice in and after 40 Hen. III. When he died 340 (and n) 
 
 COLEPEPER (Walter), in 1321 at Leeds Castle. For what he suffered death... 514 
 
 COLET (John), Dean of St. Paul's. A friend of Erasmus 878, 967 
 
 COLEVILLE (Henry de), before 1252; then and in 1253 a justice 336 (and n) 
 
 COLINBOURNE (or Collingbourne), whose office was in Wiltshire 860 
 
 COLLECTORS AND RECEIVERS ; 34 and 35 Hen. VIII, ch. 2, act concern- 
 ing them 1050 
 
 COLLEGES. Their erection and progress , 906 
 
 'COLLUSION or deceit in king's court by ' any Serjeant, pleader or other.' Punish- 
 ment therefor by stat. Westm. i, u. 29 387 
 
 See also tit. Fraud. 
 
Index. — {Colneje.) 1101 
 
 COLNEYE (William de), before 1310; then a justice of assize 490 (n) 
 
 COLUMBA, the priest. Of his coining into Britain; and of his monastery, 
 
 whereiii Oswald found refuge. As to Christianity then in England 39. 43 
 
 COLUMBIERS (or Columbarius), a justice in reign of Hen. 11 206 (n^ 
 
 COMES or count ; 131 
 
 COMINES, (Philip de) noticed by Mackintosh and Green 891, 900 
 
 COMMISSIONERS of enquiry under stat. 42 Edw. Ill, ch. 4 618 (n) 
 
 COMMON BENCH. See tit. Common Pleas. 
 
 COMMON COUNCIL of the kingdom under Magna Carta. What elements were 
 
 therein united 254, 310 
 
 Claims to nominate or confirm nominations o\ justiciar, chancellor and other 
 
 great officers 307 
 
 Process whereby the national council becomes the representative parliament. ..310 
 
 By whom villein tenants were represented in 1232 and 1237 311 (n) 
 
 COMMON LAW. Though in some matters the civil may not be comparable with 
 the common law, yet iji others the common law is improved by incorporating 
 
 into it much of the civil law 464, 465 
 
 1377, I Ric. II, petition that the common law and the statutes and ordinances 
 
 may be observed and not be defaced with masterships or singularities 639 
 
 1384, Stat. 8 Ric. II, ch. 5, that " Pleas at common law shall not be discussed 
 
 before the constable and marshal" 668 \yi) 
 
 COMMON PLEAS. Following the King's person was burdensome to suitors before 
 1 215. How far this was abolished by John's Magna Carta. Lord Coke's 
 
 exposition of 9 Hen. Ill 255, 268, 294 (n), 4,50 
 
 In reign of Hen. Ill, the three courts distinguished, first as to class of causes 
 
 entertained; 2d as to place of session 45a 
 
 From beginning of reign of Edw. I, a series of Chief Justices 450 
 
 1300, of Stat. 28 Edw. I prohibiting Common Pleas from being holden in the 
 
 Exchequer 429 (and n), 
 
 1328, 2 Edw. Ill, ch. 2, "The Common Bench not to be removed without 
 
 warning " 533 (n) 
 
 1376, 50 Edw. Ill, of correcting errors in this bench 628 
 
 1381. After the riots, this court closed June 15 .' 652 
 
 COMMON RIGHT. 1328, 2 Edw. Ill, stat. of Northampton, ch. 8, against dis- 
 turbing or delaying common right 533 
 
 COMYN (John). See tit. Cumin. 
 
 CONCLUSION of charters, patents and deeds 300 (n). 
 
 CONFEDERACY. The points of it 599 (n). 
 
 CONSERVATORS of the peace. Their origin, 
 
 229, 230,311, 312 (and n),45l,452 (andn), 
 
 How the ofiice was filled in 13th century 451,452 
 
 CONSPIRATORS. Statutes of, in 21 Edw. I; 28 /a?., ch. lo; 33 /rf...432 (n), 433 (n) 
 Before Edw.' Ill, ' statute concerning conspirators' ; in what counties to be tried, 
 
 519 (n), 741 
 CONSTABLE under Magna Carta. What he shall not take ; for what he shall not 
 
 distrain 295 (n)' 
 
 1384, 8 Ric. II, ch. 5. What shall not be discussed before him 668 (n) 
 
 1389-90, 13 Id., stat. I, ch. 2. His jurisdiction 688 (n) 
 
 CONSTANCE. Council of, in 1415 ; its decree as to John WicklifFe and his bones, 
 
 668 (n) 
 
 1417, who from England attended it and gained applause. See tit. Wakering. 
 
 CONSTANTIUS (Walter de), before 1184; then became archbishop of Rouen. 
 
 Other offices before commission of 1 191, naming him Supreme justiciar. His 
 
 administration until capture of, and agreement for liberation of Ric. I. 1 193, 
 
 justiciaryship resigned by him. Died in John's reign, 
 
 221 (and n), 222, 223 (and n) 
 
 CONSTITUTIONAL MACHINERY of Anglo-Saxons io8 
 
 1 166 and 1 1 70, see tit. Clarendon. 
 
 Before and in reign of Ric. I, constitutional opposition 231 
 
 1215, in John's reign 'parliament of Runnymede. Review of period from 1154 
 
1102 Index. — (^Constitutions of Clarendon^ 
 
 to 1216 24710 252, 273 
 
 1237, growth of constitutional life illustrated; 1237-8, position of the barons, 
 
 322,323 
 
 History of 1242 and 1244; 1248, constitutional struggle began again; 1249, 
 debate repeated .-.329,330,331,333, 334 
 
 In 1244, 1248 and 1249, demand that common council of the realm shall appoint 
 justiciar, chancellor and treasurer 33°'333> 334 
 
 Result of commission of 24 selected in 1258 35°> 35' 
 
 Of the struggle for 80 years from the parliament of Runnymede; of Stat. 25 
 Edw. I, confirming charters ; 27 Id., 'Ordinatio de libertatibus perquirendi^ : 
 28 Id., 'Articuli super chartas 425 to 432 
 
 34 Edw. I, Stat, 'de tallagio non concedendo' — a general restitution of laws, 
 liberties and free customs 434 (and n) 
 
 When and how was fixed the right of communities of shires and towns to repre- 
 sentation 455> 45^ 
 
 For a time uncertainty as to estates of the realm; .whether the lawyers or the 
 merchants should form an estate 457> 45^ 
 
 Development of the constitution influenced more by the common than by the 
 Roman law 45^ 
 
 In the 13th century great men: to whom credit is due for the constitution that 
 emerges from the struggle ? : of kings and ministers ; the barons, clergy and 
 people 475 to 482 
 
 " A people to be united must possess a balanced constitution, in which no class 
 possesses absolute and independent power, none is powerful enough to op- 
 press without remedy" 476 
 
 In reign of Edw. II struggle for supremacy. In 1310 a commission superse- 
 ding the king's authority; 1310 and 131 1 new ordinances ; whether in 1313 
 there was an understanding that the ordinances should hold good, 
 
 491, 492 (and n), 494, 496 (and nj, 500 
 
 In 14th century principles of constitutional growth enunciated 718 
 
 In 1 6th century under acts of Parliament of 25 and 26 Hen. VIII such tyranny 
 as should never be permitted by a people having a constitutional govern- 
 ment 995 
 
 CONSTITUTIONS OF CLARENDON. See tit. Clarendon. 
 CONSUBSTANTIATION. Whether in 1539 included in stat. 31 Hen. VIII ch. 
 
 \Ar 'abolishing diversity of opinions' 1032, 1033 (and n) 
 
 CONSULTATION. Statute of the writ of 415 
 
 CONTENTATION of debts ' upon executions'. Under stat. 32 Hen. VIII ch. 5, 
 
 1041 
 CONTRACTS of lands. 1535-6, 27 Hen. VIII ch. 16, "concerning enrollments." 
 
 1007 
 CONWAY. Thus far counties added to English dominions in 6 Edw. I (1278) 
 
 393 (n) 
 Castle built by Edw. I ; in 1284 completed; his queen resided there, 
 
 4CX3 (n) 401 
 COPPINI (Francesco de). How in England he fostered (in 1460) dissentions he was 
 
 sent to heal; and was supported by Edw. IV 812, 813, 816, 817 (n) 
 
 The Pope recalled him and punished him; he died 'in obscurity' 813 (n) 
 
 COPYRIGHT. As to, letter from Lord Wensleydale Appendix A, p. 1068 
 
 CORN. Under 15 Ric. II, ch. 4, eight bushels striked make the quarter. Under 
 
 17 Id., ch. 7, "may be exported" 691 (n), 696 (11) 
 
 CORNHILL, Gervase de. When a justice ; when a sheriff..... 199 (and n), 209 (n) 
 
 , Reginald de, succeeded his brother Henry as sheriff, and in management of 
 
 the mint; i to 10 John present at fines 238, 239, 244 (n) 
 
 William de, a justiciar in 10 John, and in same reign in other offices, 
 
 239 (n). 245 (n) 
 
Index. — {^Cornish Britons^ 1103 
 
 •CORNISH BRITONS defeated by Egbert ; where S3 
 
 CORNWALL, Henry o/, nephew of Hen. Ill 349 
 
 , Edward, duke of, in 13 Edw. Ill, keeper of kingdom in king's absence, 
 
 562, 568 (n) 
 CORONER. Origin of office. As to it, stat. Westm. i, ch. lo; stat. 4 Edw. I; 
 4 Edw. Ill; 14 Id., ch. 8; 28 Id., ch. 6; I Hen. VIII, ch. 7, 
 
 228, 339 (and n), 542, 566, 567 (n), S99'(n), 923 
 See also tit. Inquest or Inquisition. 
 CORPUS JURIS CIVILIS. See tit. Civil Law. 
 CORRUPTION. As to, stat. 5 Edw. Ill, ch. 10; and 11 Hen. VII, ch. 25, 
 
 547 (n). 87s. 876 (and n) 
 
 COSSALE (William de), in 3 Edw. Ill, a baron of the Exchequer 535 
 
 COSTS on writs of error. Stat. 3 Hen. VII, ch. 11 ; 19 Id., ch. 20 885 (n) 
 
 COTTON (Sir Robert). Upon 'the antiquity and dignity of Parliaments'; also as 
 to Simon de Montfort's parliament, and as to court of chancery, 
 
 246, 360, 361, 730 (and n) 
 COTYNGHAM, Thomas de, for nearly 30 years one of the clerks in the chancery. 
 In whose custody the Great Seal was in 1349, from May 28 to June 16, 
 
 589, 590 (and n), 
 
 COULANGES, Fustel de. Of what he writes 2, 3, 23, 24 
 
 COUNCIL OF THE CHANCERY, in 12 Edw. II, and 20 Edw. Ill ; whom it 
 
 included 510, 511, 586 
 
 COUNCIL OF THE KING. In Norman period; and in reigns of Hen. II and 
 
 his sons 180, 266 to 268 
 
 In 13th century ; prominent from accession of Hen. Ill, 
 
 306, 396, 397 (and n), 468 to 470 (and n) 
 The Commons never participated in the trial of great offenders or the determi- 
 nation of great causes 423,467 (n) 
 
 In 14th century... 508-9 (and n), 587, 592, 594, 627, 628 (and n) 
 
 1377, I Ric. II, gifts to councillors prohibited 639 (andn) 
 
 Suit between parties not to be ended before any of the council 640 
 
 1389-90, 13 Ric. II, prayer by Lords of the council to be discharged of their 
 
 office; and proceedings therein 686, 687 
 
 In i^th century 760, 782, 783, 784 (and r), 808,848 
 
 Its function "to counsel and assist the King in the execution of" powers of the 
 
 crown "not exercised through the machinery of the common law," 906, 907 
 
 " The council of the Lancastrian kings is the real, though perhaps not strictly 
 
 the historical " germ of the cabinet ministries of modern times," 907 (and n) 
 
 As to the House of Lords, see that title. 
 
 'COUNTRY. For what loved 2 
 
 COUNTY, one of Provincial Divisions. See that title and 62 
 
 COUNTY COURT. In 1231 writ for assembling it 109, no, 279, 299, 309 
 
 Its jurisdiction after stat. of Gloucester (1278, 6 Edw. I, ch. 8) 394(andn) 
 
 To the 13th century the ancient machinery of the county court owes its final 
 
 form 452 (and n) 
 
 Of the county communities 453 to 455 
 
 COURT AND COUNCIL OF THE KING, the parent of the House of Lords. 
 
 Its functions connected with judicature and legislation 468 to 470 
 
 See tit. Council of the Kin^ and tit. House of Lords. 
 COURT BARON, wherein the suitors were judges. Its jurisdiction, 
 
 109, 1 10, 394 (and n), 452 (and n) 
 
 COURT LEET. Its character 108, 109, 299 (n), 452 (n) 
 
 COURT PRIVATE. Stat. 15 Ric II, ch. 12, and 16 Id., ch. 2, against being com- 
 pelled " to answer in private courts for matters determinable by the law of the 
 
 land" 692 (n), 693 (n) 
 
 COURTENAY or Courteneye, .Sa^i (/^, in 1318 a baron in the new council...Si2 (n) 
 William de before 1369. Then became bishop of Hereford; 1375, trans- 
 lated to I^ndon .654 (and n) 
 
 1376-7, Dean of the province ; /«?■ William of Wykeham; against John of 
 Gaunt and John Wickliffe 1.634, 635, 654 (n) 
 
1104 Index. — {Coutance.) 
 
 1377, one of the council of Ric. II 638 (n), 639 (n) 
 
 1 381, appointed Cliancellor Aug. 10; soon elected arclibishop of Canterbury;. 
 
 Nov. 9 opened parliament 654> °55 
 
 The commons petitioned " that the most wise and able man in the realm may 
 
 be chosen chancellor." Nov. 30 Courteneye gave up the seal 655, 693 (n) 
 
 1386, one of eleven in commission of Nov. 19 "74 (") 
 
 Of him as Archbishop; opened parliament in 1392-3; died July 31, 1396; 
 
 where buried 655 (n), 676, 693, 701, 707 (n) 
 
 • Sir Peter in 1399 at Bristol castle 7 '3 
 
 COUTANCE, Geoffrey bishop of. See tit. Lanfranc and I4»- 
 
 COVENANT OF SECURITY, at the time of John's Magna Carta 259 (n) 
 
 COVENTRY, Parliament there in 6 Hen. IV. That in 38 Hen. VI was in 39 Id.^ 
 
 'holden for no parliament' 7S^> °'^ 
 
 COVIN. See tit. Fraud. 
 
 COWCY (Ingelram de) in 40 Edw. Ill married the King's daughter (Isabella) and 
 
 became earl of Bedford "1° 
 
 CRAKEHALL ( John of) in 1258 or 1259 succeeded Philip Lovell as treasurer, 
 
 251. 352 
 
 CRANMER (Thomas). His conversation in 1529 at Waltham Abbey; Aug. placed 
 
 by Hen. VIII in the earl of Wiltshire's house to write on divorce. Other 
 
 services before Nov. 1532. Then returned from the continent to England. 
 
 Named for see of Canterbury 961 (n), 978, 988, 989 
 
 1532-3. Not present at the marriage of Anne Boleyn ; ignorant of it for a 
 fortnight ; May 28 his judicial confirmation of it ; June i his coronation of 
 
 her 989 (and n), 990 
 
 Wanted courage to resist crimes ; wanted determination to perform duty, 1014 
 His letters in and after 1533. His course in 1533 contrasted with his course in 
 
 1536 990.995 (°). i°'4. 1020 
 
 Subserviency of him and Chancellor Audley 1020 
 
 '539. creditable to him that he opposed stat. 31 Hen. VIII, ch. 14. What be- 
 came of his wife '. 1032, 1033 (andn) 
 
 1540, endeavoured to preserve Cromwell's life; the archbishop compared with 
 
 Atticus 1038 
 
 CRASSUS (Richard), abbot of Evesham. In custody of Great Seal from 1239 till 
 
 elected bishop in 1242. When he died 325 and (n) 
 
 CRAUCOMBE (John de), an ecclesiastic; one of the clerks in chancery wiii whom 
 
 the Great Seal was deposited during the chancellor's absence 436 (and n) 
 
 CRAY. Defeat at its passage; 33 
 
 CREPPING (Walter de), a justice in reigns of Ric. I and John 243 (n) 
 
 CRESSI, Hughde, in reign of Hen. II 203 (n)' 
 
 , IVilliam de,a.)ViStics in reign of Hen. Ill 285 (n). 
 
 , another ViiWiaxa, in 1304, a justice of trailbaston 444 
 
 CRESSINGHAM (Hugh de). At the head of justices itinerant for northern coun- 
 ties in 1292, and three next years. Where and how he fell... .420, 421 (and n) 
 
 CRESSY (or Crecy). Battle of in 1346 585 
 
 CRIMINAL LAW. Its administration marked in 1166 by assize of Clarendon, 198 
 CRIOL (Nicholas de), before 1265 ; then became a baron of the Exchequer; died in 
 
 1272 362 (and n) 
 
 CROKE (Richard), in 1536 995 (n) 
 
 CROKEDAYK (Adam de), a justice under stat. 21 Edw. I; died in 33 Id., 
 
 422,423 (and n) 
 
 CROKESLEY (Richard de), in reign of Hen. Ill 341, 342 
 
 CROMPTON (Richard) wrote before 1594 729 (andn) 
 
 CROMWELL (Lord), a chamberlain; dismissed 1431-2, March i 788 (n) 
 
 , Thomas, before 1530; then he entered the King's service. His offices until 
 
 Octo. 8, 1534, when he became Master of the Rolls 964,986,987 
 
 1535, made Visitor-General of the monasteries 988 
 
 How he tickled off human lives. Opposed to Queen Anne, yet in commission 
 of April 25, 1536. Through him coercion of juries and management of 
 judges •. 1000 (and n), 1009, ion, 1012, 1013, 1014 
 
Index. — {Crowland.) 1105 
 
 Mr. Green mistaken in supposing Cromwell succeeded Wolsey as keeper of the 
 Great Seal 1034, 1035 
 
 1536, July, Mastership of the Rolls resigned by him for office of keeper of Privy 
 Seal; also made Baron Cromwell, Vicar-general and Vice-gerent 1035 
 
 1539. His position in parliament under stat. 31 Hen. VIII, ch. 10. Of his 
 preferments, power, patronage and correspondence. His son Gregory wrote 
 from Calais, Dec. 8, 1539, when Anne of Cleves was expected. Her mar- 
 riage to the king bad for Cromwell... 1029 (n), 1032 (and n), 1035, 1036, 1037 
 
 1540, June. After high offices there was a bill of attainder; July 28 he was 
 beheaded 1037 to 1040, also 1043 (n) 
 
 , Richard (Cromwell), nephew of Thomas 1036 (and n) 
 
 , Gregory (Cromwell), son of Thoma^, married Queen Jane's sister; 1 541, Jan. 
 
 16, as Lord Cromwell, took his seat in House of Peers 1036, 1037, 1040 
 
 , Thomases sister. Whom she married ; and who was great grand father of 
 
 the Protector, Oliver Cromwell 1040 (n> 
 
 CROWLAND. Its solitudes and abbey 45, 58 (n) 
 
 CROWN. S'at. 27 Hen. VIII, ch. 24 of " liberties and franchises " taken there- 
 from ' 1007 
 
 CRUELTY disgraced the Parliament in 1 1 Ric. II ; it has the title of 'Parlia- 
 
 mentuni sine misericordia 680, 681 
 
 See tit. Heresies. 
 
 CRUSADE. In 1252, opposition to demand for expenses in it 337 
 
 CULEWORTH (William de), a justice in reign of Hen. Ill 317 (and n) 
 
 CUMBRIA, in wars with Northumbria 42 
 
 CUMIN (or Comyn), John, a justice; in 11 79 among six to hear complaints in 
 
 curia regis 199, 203 (n), 208 
 
 CURIA. Of the Curia Consulatus or Curia Comitatus — the county court ; and of 
 
 the term curia generally, under Will. I and Will. II 110, 156 
 
 CURIA REGIS, in reign of Hen. I; its members from 1066 to 1154 156, 179 
 
 1088. 'The court held on Bishop William, of St. Carileph ' 180, 181 
 
 In Norman period. Record of its business 182, 183 
 
 After return of Hen. II in 1163; also of it in 1 164; its judicial work now 
 
 growing 192, 193, 195, 198 
 
 1 176, in what then is traced the foundation of the King's Bench 207 (and n) 
 
 Through reigns of Hen. II and his sons 267,450 
 
 Under Hen. Ill the general staff divided into three distinct bodies, 268 (n), 450 
 
 CURRENCY. 'Of the Scottish Groat' in 47 Edw. Ill 627 (n) 
 
 CURTESY, of tenant by, before Norman Conquest and in Norman period. How 
 long before Edw. Ill was the ' statute concerning tenants by the curtesy of 
 
 England' 168, 169, 519 (n) 
 
 CUSERIGG (Baldwin de), in 9 Ric. I, a justice 228 (n) 
 
 CUSTOMS of the law. How declared under Will. 1 137 
 
 for revemie. As to collecting, accounting for and paying 494 
 
 CUSTOS,^a<:M/ his election and functions 454 
 
 , rotulos ; act of 37 Hen. VIII, ch. I, for offices of 1060 
 
 CUTHWULF. Effect of this king's march in 571 38 
 
 CYMRIC (or Cynric), a Saxon leader , 33, 106 
 
 CYNING, or King of Anglo-Saxons 105 (n), 106 
 
 CYPRUS, where in 1191 Berengaria married Ric. I, and was crowned 219 
 
 DAIVILL (or D'Ayevill), John de, in reign of Hen. Ill 303 
 
 DANEGELD, previously to 1198; then revived 231 
 
 DANELAGH. What land it embraced 71 (n) 
 
 DANE LAW, long subsisted 88, 258 (n) 
 
 DANES, fought against by Egbert; and Ethelwulf's sons I, 53, 58 
 
 Whom Alfred defeated at Edington; and provided force to redress 59, 60, 62 
 
 How far allowed by Edgar to choose laws for themselves ; their devastation of 
 
 England in Ethelred's time ; Their great triumph in loio 81, 83 
 
 Repeal or alteration of English, and establishment of Danish, laws. In 
 Canute's time, system of Jurisprudence divided into branches. Promise by 
 
 70 
 
1106 Index. — {Darby.) 
 
 Edward the Confessor as to Canute's laws 87, 88, 93 
 
 Of laws of Alfred and Edward, some in the form of treaty with East Anglian 
 
 •Danes ; U5 (") 
 
 DARBY (or Darbie). See tit. De?'dy. 
 
 DARLINGTON (John), a friar; in 1258 on the commission of 24; afterwards 
 
 archbishop of Dublin 35° 
 
 DARREIN PRESENTMENT. Upon writs of, trials in John's reign; assize of, 
 
 under stat. Westm. 2, ch. 30 255,405 
 
 DAVENCESTRI^ (Davenport), Philippo de. In 1165 of the assidentibus justiciis 
 
 regis ; from 13 Hen. II, sheriff for 3 years 197 (n) 
 
 DAVID, in Wales, Llewellyn's brother and successor. How tried and condemned. 
 
 Of his children 399, 400 (n) 
 
 DAWSTON. Battle there about 603 41 
 
 DAY (John), Speaker of the Commons in 1448-9 796, 797 (n) 
 
 DEAD. In 21 Ric. II (1397), judgments against them 706 
 
 DE BELMEIS (Bishop), presided over diocese of St. Paul's 323 
 
 DEBT. Magna Carta against seizing land for debt when sufficient chattels ; and 
 against distraining sureties when principal is sufficient. Of their answering 
 
 the debt; what they shall have until they be satisfied 254 
 
 9 Edw. IV, as to one of two obligors suing in chancery when the obligee favoured 
 
 the other 826 
 
 In charters of John and Hen. Ill, provision for debt to the crown, 
 
 256, 294, 295 (n) 
 Who, by stat. Westm. 2, c. 19, is to answer for intestate's debts. ..402, 403 (and n) 
 
 As to action of debt, see tit. 'Process in civil cases,' and ,662 
 
 As to " contentation of debts upon executions," see tit. 'Conienlation,' and.... 1041 
 DECEIT OR COLLUSION, by "any Serjeant, pleader or other"; provision 
 
 against, by stat. Westm. I, ch. 29 387 
 
 As to "writ of deceit," 2 Edw. Ill, ' Statute of Northampton,' ch. 17 533 (n) 
 
 DECLINE AND FALL of Rome. From fundamental defects 26,27 
 
 DE DONIS CONDITIONALIBUS. Stat. Westm. 2, ch. 41 401 (and n) 
 
 DEEDS. 6 Ric. II, stat. i, ch. 4, as to the force of "exemplifications of enroll- 
 ments of deeds destroyed in tumults" 662 (n) 
 
 DEFENCE OF THE REALM. What may be done for it 826, 827'(and n) 
 
 DEFENDING RIGHT. Statute of, in 18 Edw. 1 415 (n) 
 
 DEIRA. Kingdom of; when founded. Who attempt its conquest. To whom it 
 
 submits 38, 39, 43 
 
 DELAMERE (Baron), created earl of Warrington 838 
 
 DELAYS OF JUDGMENTS. See tit. Procedure. 
 
 DELVES (John de), before and after 1364, Feb. 3; then became a judge of Com- 
 mon Pleas. Lived till 1 369 ; where buried 6ir(andn) 
 
 DENE (Henry), before 1496; then became bishop of Bangor; 1500, March, trans- 
 lated to diocese of Salisbury; Octo. 13, made Lord Keeper of Great Seal. 
 
 Next January, archbishop of Canterbury.! .- 883, 884 (and n) 
 
 1502, July 27, resigned Great Seal; 1502-3, died at Lambeth. Place of his 
 
 remains 884 (n) 
 
 DENMARK. Affinity of its customs with English laws 87 
 
 DENNY (Sir Anthony), of whom there is a picture by Holbein. A commission of 
 Aug. 31, 1546, to him and two others to sign public instruments in the King's 
 
 name io6i (and n) 
 
 DENUM (William de), before and after 1332 ; then placed on Exchequer Bench ; 
 
 died in 1350 543 
 
 DEORHAM. Victory there in 577 38 
 
 DEPARTING FROM THE REALM, without license. How far forbid by stat. 
 
 5 Ric. II, ch. 5 656 (n) 
 
 DERBY (or Darby), in the council before Dec, 1389 686 
 
 1394, death of Countess of Derby, sister-in-law to Duke of Gloucester.... 699 (n) 
 How word ' uncle ' is applied in letter to Thomas de Arundel from Henry, earl 
 
 of Derby 691 (n) 
 
 1397, 21 Ric. II, this earl created Duke of Hereford 707 (n), 710 
 
Index. — (^Descents.) . 1107 
 
 1504, died Thomas Stanley (called first earl of Derby), of whom there is a por- 
 trait by Holbein 862 (and n) 
 
 DESCENTS. Examination of i Spence's Eq., book 1,'ch. 4, pp. 24, 25, and cases 
 connected therewith, as to law of descents of Britons, Romans, Germahs, 
 
 Normans and English 169, 170, 171 
 
 DESPENCER (or Despenser), Hugh le, before 1258; then the barons elected him 
 one of commission of 24 ; in 44 Hen. Ill, a justice itinerant. ..350 (and n), 358 
 In latter part of 1260, the barons appointed him to succeed Hugh Bigot as chief 
 justiciary. Whether Despencer acted at same time with Philip Basset. 1261, 
 April, Basset's appointment established; 1263, Octo. I, Despencer appears as 
 justiciary; 1264, May, distinguished in battle of Lewes; after it six castles 
 placed under his government and 1,000 marks granted for his support in 
 
 office 352, 354, 359, 360 (and n) 
 
 1265, Aug. 4, at Evesham he fell with Simon de Montfort, the great earl of 
 
 Leicester 362 (n) 
 
 Of his son and grandson ; one known as Hugh le Despencer, the elder, the 
 other as Hugh the younger. 1318, the younger appointed chamberlain; 
 1321, in parliament, sentence against father and son; 1322, that sentence 
 annulled; and declaration against pardon of their pursueirs. The father 
 
 created earl of Winchester 507, 512 (n), 513, 514, 516, 523 (n) 
 
 At Bristol in 1326, Octo. 26, tbis gallant old man of 90 was hung ; the son was 
 
 captured in Nov., and on the 24th suffered death at Hereford..523 (and n), 524 
 
 I Edw. Ill, Statute the first as to the father and son ; and as to Edw. Ill and 
 
 his mother 527 
 
 , Thomas le, in 1397; 21 Ric. II, created earl of Gloucester; what bills 
 
 were exhibited by him, and what was done thereon 704, (n), 707 (n), 708 
 
 •DESTROYING A FREEMAN. What is such, under Magna Carta 297 (n) 
 
 DEVEREL (John), in 1330 adjudged to die 540 (n) 
 
 DEVEREUX (or Deverose). 1377, Sir John, one of the counsel of Ric. II, 
 
 638 (n), 639 (n) 
 
 1386, jfohn, one of eleven, in commission of Nov. 19 674 (n) 
 
 1387, Lord Devereaux, a negotiator 676 
 
 DEVISES of lands to be sold by executors. 21 Hen. VIII, ch. 4 977 
 
 • 32 Id., ch. I; "an act how land may be willed by testament." 1041 
 
 DEVONSHIRE. Controversy in 1448-9 between Earl of, and Earl of Arundel, 
 
 796, 797 
 
 D'EYENCOURT (Edmund), in 1305 a justice of trailbaston 445 
 
 DIALOGUS DE SCACCARIO. A valuable work; by whom; and how pre- 
 served 267, 317 
 
 DIET AND DRESS. See tit. Sumptuary Laws. 
 
 DIGEST, or Pandects 37 
 
 DIGHTON, William de. Before and after 1382; then one of those who had cus- 
 tody of Great Seal from July 11 to Sept. 20 661, 662 (and n) 
 
 , yohn,\Xi. 1483 an assassin in the tower; h6w rewarded 856 
 
 DION CASSIUS, as to 'Roman Franchise' 23 
 
 DIPLOMACY. See tit. Charlemagne, and 51 
 
 DIRECT TAXATION, and annual. Its origin 83 
 
 DISCRETION, its exercise 298 (n), 980 
 
 DISSEISIN. As to wrongful, stat. 32 Hen. VIII, ch. 33 * 1042 
 
 DISTRESSES. Thereof statute of Marlebridge ; as to those which are excessive 
 or illegal, stat. 28 Edw. I, ch. 12. Of avowries, 2i Hen. VIII, ch. 19, 
 
 / 364. 365 (and n), 432, (and n), 977 
 
 'DIVERSITE DES COURTES.' Date of this book 465, 909 
 
 DIVERSITY OF OPINIONS. 31 Hen. VIII, ch. 14, " act abolishing diversity 
 of opinions '.' ; nicknamed "Bloody act of six articles"; appointing those 
 who denied the real presence to be burnt, and all to be hanged who urged five 
 other opinions" ; 35 Hen. VIII, ch. 5, "concerning the six articles," 
 
 1032, 1033 (and n), 1052 
 DOCTOR AND STUDENT. Whose work; in it chapters of equity.. ..752 (andn) 
 DCEGSA'S STAN, place of battle about 603 41 
 
1108 Index. — (^Domboc.) 
 
 DOMBOC, laws of Anglo-Saxons 6l, 113 (and n>. 
 
 DOMESDAY BOOK. Of what constituted; its principle. Whether any other 
 land can shew such a picture of a nation at such a turning point. In 1 198, 
 
 new survey on same principle 126, 127, 130 (n), 231 
 
 DOMUS CONVERSORUM. Founded before 17 Hen. III. Over it a custos. 
 Under Edw I the office of this custos united with the Mastership of the 
 
 Rolls 370 (n), 409, 410 
 
 DONCASTER (John de), before and after 1319, June5; then raised to bench of 
 
 Common Pleas 506 (and n) 
 
 DOOMS, ancient. Thereto Edgar added statutes 80 
 
 DORSET, Alexander de, under Hen. Ill, had custody of Mint of London... 308 (n) 
 
 21 Ric. II, as to Marquis of Dorset, see tit. Beauford, and 707 (n), 
 
 1483, Marquis, brother of queen of Edw. IV. After that king's death, Dorset, 
 
 in May, took to flight 848 
 
 DOUBRIDGE (or Dounebrigge), William, before 1389, May 12; then appointed a 
 
 baron of the Exchequer. When he died 685 (and n). 
 
 DOVER. There an ancient specimen of Roman architecture; there a building 
 
 used as a church at a very early period 17 (n), 21 
 
 , John de,'va. 1174 a justice errant , 203 
 
 , Kichard of, new archbishop in 1175 205 (n) 
 
 DOWER, before the Conquest and during Norman period. Of it under Magna 
 
 Carta 168, 169, 254 (n) 
 
 Law of, amended by stat. Westm. 2. 27 Hen VIII, ch. 10, § 7, of wife who 
 
 refuses jointure and has dower 1006 (n) 
 
 DRAYTON, Sir Thomas of. Under Edw. II and Edw. Ill ; appointed clerk in 
 the chancery about 6 Edw. Ill; clerk of the parliament in 14 Id., 15 Id., 
 
 17 Id., 18 Id., and 20 Id. 565, 571 (n) 
 
 Frequently one of those entrusted with custody of Great Seal during chancel- 
 lor's absence, or vacancy in the office from 1340 to 1353, 
 
 571.(11). 572, 573, 574,600 
 
 And a clerk in the chancery till 33 Edw. Ill 571 (n). 
 
 , Nicholas de, before 50 Id., Nov. 14. Then appointed to Exchequer bench; 
 
 continued on it after accession of Ric. II 641 
 
 DRESS AND DIET. See tit. Sumptuary Laws. 
 
 DROKENSFORD, John de. The Great Seal delivered in Aug., 1302, to him as 
 keeper of the wardrobe; which office he retained till the end of the reign, 
 
 437 (and n). 
 
 When he and John de Sandale are called treasurers 425 (n), 440 
 
 Under Edw. II, Regent when the King went to France in May, 1413. Of his 
 
 death and burial 484, 485, 500 
 
 DUCK (Dr.), "de usu et authoriiate juris civilis Romanorum " 172 (n) 
 
 DUDLEY (Edm.). Proceedings against Empson and him for oppressions under 
 colour of Stat. 11 Hen. VII, ch. 3. Also of stat. i Hen. VIII, eh. 6 and 
 
 ch. 15 874,923 (and n) 
 
 DUKET (Richard), in reign of Hen. Ill 301 (n) 
 
 DUNSTAN. How he was introduced to Athelstan's court ; recommended to Ed- 
 mund the elder ; and became minister to Edred. Whether his office was 
 
 like a chancellor's 74, 75 (and n) 
 
 Censflre of him and Archbishop Odo for their conduct to Edwin and his queen. 
 Whom he succeeded as archbishop of Canterbury. Who succeeded him as 
 
 bishop of Worcester 77, 78 
 
 Of him as King Edgar's counsellor and friend ; in whose hands direction of 
 
 affairs lay; and of him when he wasEdgar's survivor 81 (and n) 
 
 DUNWICK (Peter of), in 1304 449,450 
 
 DURAND, famous (in time of Will. I) for learning and integrity 135 
 
 DUREDENT (Walter), in 9 Hen. Ill a justice 301 
 
 DURESS. See tit. Approvers, and 567 
 
 DURHAM. As to castle of; also as to bishop of, in 1386; this bishop succeeded as 
 
 treasurer by the Bishop of Hereford 242, 672. 
 
 DUTTON, Sir piers, in 1535 995 
 
 DYNE (or Dyve), William de, in 1322, a justice 514 
 
iN-DEX.—iEadieri.) 1109 
 
 "EADBERT (or Eadberht), in 737, became Northumbria's king; in 740 threw back 
 
 yEthelbald's attack 50 
 
 EADBURGA, Oflfa's daughter; Bertric's wife „., 52 
 
 Another Eadburga (or Osberga) Ethulwulf's wife 56 
 
 EADMUND. See tit. ^(/ot««(/, and 58 
 
 EADSIGE, archbishop of Canterbury; consecrated Edward the Confessor 93 (n) 
 
 EADULF, an earl of Northumbria in Edgar's time 79, 80 (n) 
 
 EADWARD. See tit. Edward the elder. 
 
 EADWINE became king of Northumbria in 617, and displayed genius for civil gov- 
 ernment; in 633 slain 42 (and n) 
 
 See, for Eadwine's burgh, tit. Edinburgh; his tomb, tit. Whitby; his suc- 
 cessor, tit. Oswald. 
 EALCSTAN (or Elckstan, or Alstan, or Helmstan), bishop of Sherborne or Win- 
 chester •. 54 
 
 EALDORMAN (or earl), sat in county court; under Will. I became comes, or 
 
 count 131 
 
 EALSWITHA, wife of Ethulwulfs son Alfred 58 
 
 EARCONWALD (Bishop), in time of King Sebbie, or Sebba 85 (and n) 
 
 EARDULHPH, king of Northumbria 52 
 
 EARL MARSHAL. In 20 Ric. II, grant of office and title to Earl of Nottingham, 
 
 703 (and n) 
 
 EASEMENT. Vendee's title to compensation for it 6 
 
 EAST ANGLIA, about 617, under Rsedwald (or Redwald), after the death of 
 whose brother (Eorpwald), was the reign of Sigabert, or Sigesbert. Of Offa's 
 
 seizing EastAnglia; how far he went 5' 
 
 EATON COLLEGE founded by Hen. VI 799 (and n) 
 
 EBBS FLEET, on isle of Thanet 33 
 
 EBURACUM, now York 19 
 
 ECCLESIASTICAL distinguished from temporal causes 3 
 
 In what causes Roman emperors granted jurisdiction to bishops ; and how they 
 
 proceeded 3 
 
 Of ecclesiastical canons ; and councils 44, 114, 229 (n) 
 
 Important measure of Will. I. Ric. I and his officials held a spiritual court 
 
 and heard 'pleas of Christianity' 134, 135, 229 (n) 
 
 1247, Hen. Ill, tried to restrict ecclesiastical jurisdiction; 1258, Archbishop 
 Boniface's canons; 1279, council at Reading; 7 Edw. I, stat. de Religiosis, 
 or 'statute of Mortmain'; 128 1, council at Lambeth, and the king's prohibi- 
 tion; 1285 (13 Edw. I), decision of contest as to jurisdiction, 
 
 333. 347. 348, 397. 398, 408 
 1285, 9 Ric. II, ch. 4, as to "power of removing a priest " ; ch. 5, as to "fees 
 
 of priests" '. 670 (n) 
 
 How far custom of appointing judges from the Hierarchical Order was changed 
 
 in 14th century 725, 726 
 
 Whence the system of pleading in ecclesiastical courts 732, 733 
 
 In l6th century, in , reign of Hen. VIII, disposition to restrain" powers and 
 
 privileges of ecclesiastics ; 977, 978 
 
 1535-6, stat. 27 Hen. VIII, ch. 10, empowering the king "to nominate 32 per- 
 sons of his clergy and lay fee for making of ecclesiastical laws" 1007 
 
 1543-4, 35 Id., ch, 16, " for the examination of canon laws by 32 persons "..1052 
 1545, 37 Id., ch. 17, "that the Doctors of the Civil Law may exercise ecclesi- 
 astical jurisdiction" 1060 
 
 ECGWINE (Bishop). His site for an abbey 45 
 
 ECGBERHT (or Ecgbert). See tit. Egbert. 
 
 ECGFRITH, king of Northumbria. When successful ; where defeated ; where he 
 
 lay a corpse 46 
 
 EDENHAM (Geoffrey de), before and after Jan. 4, 1331 ; then came in the King's 
 
 Bench 144 
 
 EDGAR. To whom entrusted; with whom educated; by whom placed on the 
 throne ; when he succeeded to all the Anglo-Saxon dominions. How he 
 maintained authority and preserved peace 74, 77 
 
1110 Index. — {Edgar Atheling.) 
 
 Abstracted from his vices, how he is regarded. Of his chancellor ; his coun- 
 sellors and friends ; the policy of his government ; the laws and administra- 
 tion of justice in his reign 77> 78, 79* 
 
 Sex Marium Britannia. See that title, and 8l 
 
 Died in 975 ; survived by sons 81 
 
 EDGAR ATHELING, grandson of Edmund Ironside; son of Edward. Whether 
 
 thought of for king 95, 99, 123 
 
 EDINBURGH (Eadwine's burgh) 42 (n). 
 
 Became the place where the remains of many of Scotland's kings and nobility 
 
 were deposited 1069, 1070 
 
 EDINGTON, where in 878, Alfred defeated the Danes 59 
 
 , William de, before 1345-6. How he became then bishop of Winchester ; 
 
 and soon afterwards treasurer. By what his treasurership was illustrated, 
 
 588 (and n), 589 (and n) 
 1349, prelate of the order of the Garter; 1355, one of the custodes of kingdom 
 
 in king's absence -„....„ 589 (and n) 
 
 1356, Nov. 27, made chancellor; 1363, Feb. 19, ' gratefully absolved ' from its 
 
 duties 601 
 
 Afterwards elected to, and refused, archbishopric of Canterbury. Place of his 
 
 death and burial 601 (n) 
 
 EDITHA, earl Godwin's daughter; married Edward the Confessor 93, 97 
 
 EDMOND'S BURY. See tit. ' Bury, St. Edmunds? 
 
 EDMUND, or Eadmund, in 871 put to death; over his remains rose abbey of St. 
 
 Edmund's bury 58 (and n) 
 
 EDMUND, the elder, Athelstan's brother and successor; killed in 946 74 (and n) 
 
 EDMUND IRONSIDE married earl ' Sigeferth's relict'; was by the Seven- 
 burghers received as their chieftain; and in 1016 at the death of his father 
 (Ethelred) was proclaimed king. Compromise between him and Canute, 
 
 85, 86. 
 
 Of Edmund's death in 1016; and of his sons, brothers and half-brothers, 86, 87 
 
 EDMUND OF CORNWALL, cousin of Edw. I. In 1286 the kingdom under this 
 
 cousin's care 410 
 
 EDMUND, son of Edw. Ill, in 1362, created earl of Cambridge 605 (n) 
 
 EDMUND'S BURY. See tit. 'Bury St. Edmunds? 
 
 EDRED, uncle of Edwy and Edgar; sons of Edmund the elder, chosen king on 
 
 Edmund's death in 946 74, 75 
 
 Turketil, his chancellor or secretary. What was Dunstan's office. Measures of 
 
 Edred's reign. Of his death and burial 74, 75 (andn). 
 
 EDRIC, the infamous; favorite of Ethelred 83, 85 
 
 EDWARD, THE ELDER, Alfred's eldest son, a 'vigorous and active ruler.' 
 What he annexed to Wessex in 918; and what progress he made afterwards. 
 Of the title assumed by him ; his death ; and the children who survived him, 
 
 70,71,72 
 EDWARD, THE MARTYR, reigned from 975 to 978. What his murderess did 
 
 to atone for her guilt 81, 82 (and n). 
 
 EDWARD, THE CONFESSOR, son of Ethelred and Emma. Where he was when 
 sent for by his half-brother Hardicanute; in 1043 crowned. Of Edward's 
 laws and administration ; his seal and chancellor ; his refounding St. Peter's, 
 better known as Westminster abbey ; his character, death and burial ; and the 
 
 surname of confessor..; 85, 86, 92, 93, 94, 95, 96, 97, 98 
 
 In 1685 golden cross and chain taken out of his coffin 98 
 
 EDWARD, SON OF HEN. Ill, born in 1239, Jan. 16; married in 1254; returned 
 
 to England with his bride in Jan. 1254-5 319 (n), 345 
 
 1269, arranging to go to Palestine ; Octo. 12, a great assembly on the occasion, 374 
 
 137 1 a letter, when the king was in danger, requiring Edward's return. He, at 
 
 the time of his father's death (in Nov., 1272,) was far away in the East, 375, 377 
 
 EDWARD I. When his reign began. Regency until his return home. How it 
 
 worked 377, 378, 
 
 In 1373 Edward, at Capua, received intelligence of his father's death; at 
 Bologna took into his service Franciscus Accursius. In 1274 he was in 
 
Index. — {^Edward II.) 1111 
 
 attendance on Edward at Limoges, and followed him to London 378, 382 
 
 Of Edward as a lawgiver ; of Accursius and. Chancellor Burnell, his assistants ; 
 and of the reforms which gained for Edward the title — of which Lord 
 Campbell, Mr. Stubbs and Mr. Green have 'written — the title of the English 
 
 Justinian 383, 384 (and n), 385 
 
 Stat. Westm. I (1275) almost a code by itself; a great measure, not without its 
 
 price; to a considerable extent it remains in force 385, 388 (and n) 
 
 1276, respect for King Arthur shown by Edw. I and his queen 36 (and n) 
 
 1282 and 1283, councils called by the King. Birth at Carnavon (or Caernarvon) 
 castle, April 25, 1284, of Edward, Prince of Wales, 
 
 398, 399. 400 (n) ; 427, 428 (n), 456 
 12S5 (13 Edw. I), " culminating point of Edward's legislative activity". ..407, 408 
 1286, when he went to Gascony, under whose care the kingdom was left?. ..410 
 
 1288, a flash of lightning passed between Edward and his queen 410 (n), 
 
 1289, on his return landed at Dover, Aug. 12; soon complaint against judges; 
 and decisive action 410,411,412 
 
 1290, in April, marriage of the king's daughter Johanna; May, grant of aid 
 pur fille marier ; in November his 'faithful and gentle counsellor' — Queen 
 Eleanora, on the way to join hinJj- died. Of her funeral from Grantham ; 
 burial at Westminster; and the elegant statue to her 415, 416 (and n) 
 
 Events which led to the ' Confirmationes chartarum de libertatibus Anglim et 
 ForestiE, in 25 Edw. I. The new articles extant in two forms. What they 
 amount to 426 (and n); 427 (andn); 467 (and n)- 
 
 1298, March, return of the King to England, after making with France a truce 
 (which became a peace) cemented by marriage of himself with Margaret, sis- 
 ter, and of Prince Edward with Isabella daughter, of King Philip, 
 
 427, 428 (and n) 
 
 1299. Of the charters, another grant of confirmation in April with, and in 
 May without, a saving 428 (n) 
 
 1301, the King yielded further to claims of the barons 433 
 
 1306, Stat. 34 Edw. I, ' de tallagio non concedendo' — a general restitution of 
 
 laws, liberties and free customs 434 
 
 Of Edward's person and character. Esteemed by AVt-Zi?, C. J., as ' the wisest 
 king that ever was.' Elements, characteristics and results of Edward's great- 
 ness. What place he occupies. Character and action of Hen. I, II, and 
 Edw. I, compared. His death, July 6, 1307; condition of his body in 1774, 
 
 434 (n), 445 'o 448, 476 
 
 EDWARD II in 1307; when his reign commenced; when and where the Great 
 
 Seal was delivered him by Chancellor Baldock. Discontent caused by the 
 
 King's partiality to, and high place and powers conferred on. Piers Gaveston, 
 
 483, 484 (n> 
 
 In Octo. (1307) the king at the parliament of Northampton ; and at his father's 
 
 burial at Westminster 485 
 
 1308, Jan., the king's marriage to Isabella of France; custody of Great Seal 
 during his absence; his coronation in February. Great council in the spring; 
 the course as to Piers Gaveston 485, 486 
 
 1309, April, parliament at Westminster; statute of Stamford 490,491 
 
 13 10, struggle for supremacy; a commission superseding Edward's authority, 
 Aug. ; six ordinances confirmed by him. 131 1, Aug., the same six and addi- 
 tional ordinances enacted by Parliament. Purport of most important, 
 
 491, 492, 494, 496 (and n) 
 
 Whether in or soon after Aug., 131 1, new officers were appointed to the chancery 
 
 and the treasury 496 
 
 1312, of the king and Gaveston; the latter illegally beheaded ; and the king too 
 weak to bring the offenders to justice '. 499, 500 
 
 1313, the king and queen went to France; leaving a regent. After the king's 
 return, a new parliament ; and pacification. Whether an understanding then 
 that the ordinances should hold good epo 
 
 1314, Sept. What the king was obliged to consent to in parliament at York. 
 Ordinances then confirmed 502 
 
1112 Index. — {_Edwarcl„ son of Edw. II.) 
 
 1315 and 1316. The Kent bent to the storm; 1318, state of things after cap- 
 ture of Berwick 507, 508, 512 
 
 1321, at Leeds castle, conduct of which the Queen complained to the King, 
 and for which Walter Colepeper and others suffered death 5'4 
 
 How energy was developed in Edward's character. State of things after battle 
 of Borough bridge, March 16, 1321-z S'S 
 
 Of King and Queen, and Roger Mortimer (earl of March), from summer of 
 1324, until winter of 1326-7. Then the King was a prisoner at Kenilworth; 
 carried thence to Corfe castle, to Bristol and to Berkeley castle ; then treated 
 with indignity and cruelty till Sept, 21 (or 22), 1327, when he was inhumanly 
 murdered. , Who were the murderers; whither they fled, and what became 
 of them 522 to 526, 533 (n) 
 
 1328, 2 Edw. Ill, 'statute of Northampton," ch. 13, is of "trespass in the late 
 
 king's time" 533 (n) 
 
 EDWARD, SON OF EDW. II. Born at Windsor in 1312, on Nov. 13; of 
 him from summer of 1324, until 1326-7. Then (1326-7), Jan. 7, led 
 into Westminster Hall and declared king by the people. Articles contain- 
 ing charges against Edw. II. A committee sent to him. At Kenilworth, 
 Jan. 20, speech to and answer by him. What address was made by Sir Wil- 
 liam Trussel ; and what was done by Sir Thomas Blount, steward of the 
 
 household 500, 522 to 526 
 
 EDWARD III. 1326-7, Jan. 24, his accession to the throne; a council of regency 
 conducted affairs of state, and made a proclamation in his name ; 29, crowned 
 and the proclamation re-issued; Feb. 3, a parliament which appointed a 
 standing council, and enacted statutes 526 (and n), 527, 528 
 
 Philippa of Hainault arrived in London in 1327, Dec. 23 ; and travelled north 
 to meet Edw. III. 1327-8, Jan. 24, at York, he was married to her, 
 
 532 (and n) 
 
 Edward and Philippa kept Easter at York ; and, after peace with Scotland, 
 returned southward ; in June they settled at the summer palace of Wood- 
 stock 532 (n) 
 
 In 1330, after the king's uncle, the earl of Kent, was beheaded, there was man- 
 ifest dissatisfaction with the king's mother and Roger Mortimer. Of his 
 arrest; the call of parliament; and its proceedings 538 to 541 
 
 1338 and 1342, when the king was absent, who was regent 562, 573 
 
 Of Stat. 15 Edw. III. How, as the king said, he ' dissimuled.' With intent 
 to revoke it, he executed an instrument within a few months. The statute 
 repealed in 17 Edw. Ill, and declared to be " contrary to the laws and the 
 King's prerogative " 580, 582 
 
 1343. What is not to be granted but at the King's pleasure 582 
 
 1345, the King sailed for Flanders, leaving his son Lionel custos of the king- 
 dom, with a council 583, 584 
 
 Of the King's departure in 1346 for, and proceedings in, France; messengers 
 from him to parliament; and his return in 1347 to England 585, 586 
 
 1364-5, 38 Hen. Ill, in parliament the King himself made the speech which led 
 to the enactment against the papal court. In connection with this, notice of 
 2 Stubbs's Const. Hist., ch. 16, p. 415 608, 609 
 
 1368, 42 Edw. Ill, Sir John de Lee brought before Kmg, Lords and Commons 
 on May 2i, after all the Lords and sundry of the Commons had dined that day 
 with the King. Of Lee's case 617, 618 (n) 
 
 1369, 43 Edw. Ill, the Great Seal laid up, and another engraven with the style 
 of France 621 (and n) 
 
 This year (1369) the Queen (Philippa) died. The King's death was in 1377, 
 
 June. His character; and the results of his reign 622, 636, 637 
 
 EDWARD, SON OF EDW. Ill, aftewards surnamed the Black Prince ; born at 
 Woodstock palace, June 15, 1330; created Prince of Wales May 12, 1343, 
 
 539 (n). 582 
 
 1361, married his cousin Joanna, or Joan of Kent; went with her to France, 
 
 and kept court at Bordeaux ; their son Richard born there, and called Richard 
 
 Bordeaux 629 (n) 
 
Index. — (^Edward, son of Hen. VI.) 1113 
 
 How Prince Edward used the House of Commons in support of the opposition 
 
 to John of Gaunt. The Prince died in 1376, June 8 ; where buried, 631 (and n) 
 
 EDWARD, SON OF HEN. VI, born in 1453, Octo. 13 ; 1454, March 15, created 
 
 Prince of Wales; in 1470, arrangement for his marriage; 147 1, May 4, slain 
 
 at Tewkesbury 803 (n); 806 (and n); 807, 827 (and n) ; 831 (and n) 
 
 EDWARD, SON OF RICHARD, DUKE OF YORK, in 1460-61, received at 
 Gloucester intelligence of the deaths of his father and brother ; Feb. met War- 
 wick ; they entered London on the 28th ; there early in March Chancellor 
 
 Nevill and others proclaimed Edward King 817 
 
 EDWARD IV began his reign March 4, 1460-61 ; was crowned June 29 ; par- 
 liament opened in his presence Nov. 4 ; and in 1463, Apr. 29, 
 
 819, 820, 821 (and n) 
 
 Causes for prorogations in 1463 and 1464. Nature of 'the Marches' in which 
 he was ' busily occupied' May I, 1464.) Said to have been married to Eleanor 
 Talbot before that day 821, 822 (and n) 
 
 1464, May I, married to Elizabeth, daughter of Richard Widville (or Woodville), 
 Lord Rivers. See tit. Widville and 822 (n), 823 
 
 7 Edw. IV, in the King's presence, parliament opened ; and other proceedings 
 therein 824 (n), 825 
 
 1469, after battle of Banbury, each of two rival kings a prisoner. How Edw. 
 IV resumed his liberty ; issuing a general pardon...., 826, 827 (and n) 
 
 1469-70, proclamation against his brother and Warwick ; where Warwick 
 landed Sept. 13; whither Edw. IV fled Octo. 3; where his queen took sanc- 
 tuary; for some weeks complete collapse of Edward's power... 827 (and n) 828 
 
 1471, March 14, he landed in Yorkshire; April 11 was admitted into London; 
 14, at Barnet, defeated Warwick, he and Montague being killed; May 4, at 
 Tewkesbury, routed Queen Margaret's army; 22, re-entered London in 
 triumph 830,831 
 
 Of him as an encourager of Caxton's press; and his character generally, 
 
 846, 847 (n), 904 
 
 1483, April 9, his death. Place of burial of him and his queen ; in 1810, dis- 
 covery of stone coffins containing her body and that of her third son, 
 
 846 (and n) 
 EDWARD, SON OF EDW. IV. 1473, Sept. 27, Lord Rivers appointed his gov- 
 ernor. Names of his other officers and of his council 848 (n) 
 
 EDWARD V. At Ludlow when his father died ; and set out for London. What 
 
 happened before and after getting there 847, 848 
 
 As to this infant sovereign in 1483 848, 849 
 
 Acts of so-called Protector and others till June 14 850 to 852 
 
 Acts of so-called Protector, his aiders and abettors in June, from 15th to 21st; 
 and on 22d, 24th and 25th. How he ended the reign of Edward V, and 
 
 made himself King 852, 853 
 
 EDWARD, SON OF RIC. III. 1474, born; 1483, made Lieutenant of Ireland, 
 Earl of Chester and Prince of Wales; also knighted 858 
 
 1484, April 9, died at Middleham Castle 860 
 
 His mother was ill next winter and died in March 861 
 
 EDWARD, SON OF HEN. VIII, born in 1537, Octo. 12 1027 
 
 EDWIN, son of Edward the elder; drowned at sea in 933 74 (and n) 
 
 Another Edwin, called often Edwy, and sometimes Eadwig. Son of Edmund 
 the elder, and nephew of Edred. Chosen king in 955. Dunstan and Arch- 
 bishop Odo censured for their conduct to this king and his queen. Whether 
 
 his kingdom was divided or he dethroned. His life ended in 959 74 to 77 
 
 EGAINE (Warner), in 1240, a justice 327 
 
 EGBERCHT (or Egbert) the archbishop, appointed Alcuin master of school at York, 
 
 and died in 766 5° 
 
 EGBERT (or Ecgberht) having claim to crown of Wessex, and being driven into 
 banishment, was improved by asylum with Charlemagne, and afterwards wel- 
 comed in Wessex as its king 52 
 
 A distinguished and successful king. Under him the English race was knit to- 
 gether; and victorious over invading Northmen. After a long reign he died 
 
1114 lT>iD^x.—{Egferi. ) 
 
 in 838 53 
 
 EGFERT son of Ofifa; succeeded by King Kenulf 5' (")■ 
 
 ELBE. Countries beyond it ' 
 
 ELEANOR (or Eleanora), queen of Hen. II 166, 219, 236 (n) 
 
 , niece of King John 236 
 
 , queen of Hen. Ill 319 (and n), 344, 345 (and n) 
 
 , queen of Edw. 1 345 (and n), 416 (and n) 
 
 ELECTION AND REPRESENTATION. Their principles before and in 1265. 
 
 At what date, and in what mode, was fixed the right of communities of shires 
 
 and towns to representation in parliament. ...229, 282, 360, 361, 367, 456, 457 
 
 Mischiefs before stat. Westm. I, ch. 5. What officers were, in ancient times, 
 
 elected by freeholders of the county; provision in stat. 28, Edw. i, ch. 8 
 
 (1300), as to election of sheriffs 386 (and n), 431 (and n), 
 
 ELERIUS, a monk in reign of Hen. III. How employed; and when he retired 
 
 from his abbacy 342 (n) 
 
 ELEUTHERIUS, in 167, bishop at Rome 21 (and n). 
 
 ELFLIDA, Ordmer's daughter; Edgar's first wife 81 
 
 , Thored's daughter; Ethelred's first wife 82 
 
 ELFRIDA, Earl of I)evonshire's daughter; Edgar's second wife 81 
 
 ELGIVA (or Ethelgiva), Edwin's wife; to whom there was brutal conduct 76, 77 
 
 , a name assumed by Emma when she became Ethelred's second wife 82. 
 
 ELIZABETH, eldest daughter of Edw. IV, who was born Feb. 11, 1465 -6, and 
 during the reign of Ric. Ill kept in custody at Sheriff Hutton castle in York- 
 shire, was in 1485-6, in her 20th year, married to Hen. VII. Her portrait, 
 
 859, 864, 865, 866, 867 (and n) 
 i486, Sept. 20, birth of her first child; 1487, Nov. 25, the queen crowned, 
 
 869, 870 (and n) 
 1489, Nov. 29, birth of her daughter Margaret; 1491, Jan. 28, birth of Prince 
 
 Henry, afterwards Hen. VIII 871,872 (and n) 
 
 1502-3, Feb. II, died before Margaret's journey to Scotland 881 (^and n). 
 
 , daughter of Henry VIII, who was born in 1533, Sept. 7, and under act of 
 
 25 Hen. VIII, ch. 22, \ 4, the King's /flw/"«/ child was by 28 Id., ch. 7, \ 6, 
 declared 'illegitimate' But in 1543-4 a change was made by Stat. 35 Hen. 
 
 VIII, ch. I ...991,993, 1024 (and n), 1052 (and n), 
 
 ELLIOT (William). In the mastership of the Rolls, jointly with Robert Morton 
 from Nov. 13, 1485, till 1486-7. Afterwards master in chancery..882 (and n) 
 ELLIS (William). Proceedings against him in 50 Edw. Ill ; pardon for him con- 
 templated in 51 Id...., 628 (n), 635 (n) 
 
 ELMAN (Sir William), in 1387, committed to prison 676 
 
 ELSTAN. See tit. Ealcstan. 
 
 ELTHAM, a royal palace before Greenwich. In 50 Edw. Ill " The King was 
 diseased at Eltham " ; and " the Lords and Commons went thither," 
 
 629 (and n)) 
 
 ELY; abbey in flames 58 
 
 , William of, a canon; a justice in 10 John; treasurer during John's reign 
 
 and part of that of Hen. Ill ; died in 1223 238, 245 (n), 283, 284 (and n) 
 
 Ralph de, 24 and 27 Hen. Ill, a baron of the Exchequer 326 
 
 Nicholas de. Arch-deacon of Ely. In 1260 the barons placed the Great Seal in 
 his hands; 1 261 the King transferred it to Walter de Merton; 1263 it was 
 again entrusted to Nicholas — now with the title of chancellor ; whether pro- 
 hibited from affixing the seal to an instrument not attested by Despencerj 
 1264 resigned chancellorship and resumed treasurership ; 1266 elected bishop 
 of Worcester ; 1267 translated to Winchester ; died in 1 280 ; place of burial, 
 
 353 (and n), 354, 359, 360 (and n) 
 EMANCIPATION. William I established mode thereof. What was done about it 
 in 1381 during and after the riots. June 15, charters of emancipation and 
 pardon ; July 2 annulled ; action of parliament in Nov., 128, 652, 653, 655, 656- 
 EMBRACERY. Stat. 32 Hen. VII, ch. 9, against maintenance and embra- 
 cery, &c 1041 
 
 EMIGRATION, sometimes caused by bad laws 2. 
 
Index. — {Emma.) 1115 
 
 EMMA (or Elgiva), Ethelred's widow, married Canute in 1017 ; became mother of 
 Hardicanute and Gunihilda ; and in reign of Harold the First, fled to Fland- 
 ers 82, 87, 91, 92 
 
 EMPSON (Sir Richard). Oppressions by him and Edm. Dudley under colour of 
 Stat. II Hen. VII, ch; 3 ; and proceedings against them. Of repeal by stat. 
 I Hen. VIII, ch. 6; also of /</., ch. 15, as to land in trust 874, 923 (and n) 
 
 ENEMIES. For defence of the realm against them, what may be done, 
 
 825, 826 (and n) 
 
 ENGLE (or Engles), English folk. See tit. English, and 32, 37, 38 
 
 ENGLEFIELD, ^/a» (/f, a justice in 9 H^n. Ill t.30i (n) 
 
 , William de, sheriff in 1251, and next two years; a justice in and after 1255, 
 
 339 (and n). 
 
 ENGLA-LAND. In Edgar's day, name of Briton passed into that of Engla-land, 78 
 See also tit Angeln and tit. England. 
 
 ENGLAND. See tit. Britain, concerning it, until it became England with a Teu- 
 tonic society. See also tit. " Cmsar (Julius)" ; tit. " Christianity ; tit. 
 "Church government"; tit. "Civil Law"; tit. "Common Law;" and tit. 
 English. 
 
 ENGLESCHRIE, " and presentments thereof abolished" by stat. 14 Edw. Ill, ch. 4, 
 
 565 (n). 
 
 ENGLISH. Their conquest of Britain ; its effect on the Christian church, 
 
 11.32- 37.38,39 
 The struggles between their tribes ; English slaves in the market place of Rome, 
 
 39, 40, 42 (and n): 
 What fled before English conquerors; what returned with Christian faith. 
 
 When codes" of customary English law were put in writing 40 
 
 When war languished between Briton and Englishman ; when it revived. Eng- 
 lish race knit together under Egbert 46, 53, 71 
 
 Derivation from the Saxons; — of modern English from the Anglo-Saxon 102 
 
 Process of migration to, and conquest of, Britain by the English... 103, 104, 105 
 
 Their law of descents 169 to 171 
 
 1362,36 Edw. Ill, stat. I, ch. 15, that pleas shall be pleaded, answered, de- 
 bated and judged in the English tongue. 37 Id., the chancellor's speech in 
 opening Parliament is delivered in English. How in 1365, 1377, 1381, 
 
 , 606, 607 (and n) 
 
 ENROLMENT of charters and of letters patent and close 275 
 
 of bargains and contracts of lands. Stat 27 Hen. VIII, ch. 16 1007 
 
 EORPWALD, king of East Angles 43 
 
 EPISCOPATE. Its organization, in 668, by Theodore 44 
 
 EQUITY. Its principles ; where seller knows of, and omits to communicate, in- 
 cumbrances. Notions of equity in Ethelbert's time 6,41 
 
 In Norman period, the king " is the source of justice and the ultimate resource 
 
 on appeal for such equity as he is pleased to dispense" 178 
 
 1066 to 1 1 54, the curia regis a court of remedial and equitable jurisdiction. 
 Whether in this period there was 'an instance of an injunction,' 
 
 179 (and n), 180 
 1154 to 1 216, steps in development of judicial system out of which equitable 
 
 jurisdiction sprang 207, 269. 
 
 Power to apply principles of equity as distinguished from those of strict law 
 recognized by Glanville before iigo, and by Bracton whose judicial duties 
 
 continued till 1267 268 
 
 Yet in ^3CX3, at the making of stat. 28 Edw. I, ch. 5, the chancellor had " no court 
 of equity but only "a court of record of ordinary jurisdiction" according to 
 the common law. Of the chancery, as a court of equity, no mention by- 
 
 Glanville, the Mirror, Bracton, Britton or Fleta 430 (n), 464, 465 
 
 Investigation of the court of chancery; not merely as officina justitice ; but in 
 respect to the origin of its jurisdiction as a 'court of equity ' — ' when the chan- 
 cellor began to hold a court of equity '; — where the common law afforded no 
 remedy, as when the case was matter of trust, fraud or accident, 
 
 470 to 475 ; 908 to 912. 
 
1116 Index. — {Erasmus.) 
 
 In reign of Edw. I, as to method of applications where the granting them was 
 esteemed not a matter of right, but of grace and favour. Also of proceedings 
 in reign of Edw. II, and early part of Edw. Ill 472 to 474; 734 to 736 
 
 In or soon after 4 Edw. Ill, the court of chancery became stationary at West- 
 minster; 14 Id. ordinance that the chancellor in a certain matter might hear 
 complaint by bill and proceed by subpana 565, 735 (and n), 736 
 
 One may now look to see how the chancellor's equitable jurisdiction grew up ; 
 whence came the procedure in equity; where, and in whose presence the 
 chancellor sat in 1345; and how after 1345 equitable jurisdiction was exer- 
 cised until chancellor Offord's death in 1349 732 to 738 
 
 After examining the writ of Jan. 13, 22 Edw. Ill, and the statute of 36 Id., ch. 
 9, it may be seen that in the latter part of the same reign, equitable jurisdic- 
 tion was exercised in a suit by a wife for specific performance of an agree- 
 ment; and among other cases recognizing the chancellor's jurisdiction, there 
 is one showing that there may be redress on a bill of complaint against a 
 judgment wrongfully caused 629, 630, 739, 740 
 
 In the reign of Sic. II 'a settled court of equity before the chancellor' ; in 12 
 Id., ' Ordinationes cancellarice dom. regis' 727 (n), 740, 741 
 
 As to equitable jurisdiction what was ruled before stat. 17 Ric. II; and how 
 this statute operated 741, 742 
 
 Of 4 Hen. IV, ch. 23; 3 Hen. V; \ Id.; 9 Id.; and the resolution in i Hen. 
 VI that " the statute made in the 17 R. II shall be executed," 
 
 751, 752 (and n), 767, 768, 769, 772, 773, 776 
 
 Matters committed to the chancellor in 6 Hen. VI. Also stat. 15 Hen. VI, ch. 
 4; 31 Id., ch. 2 and ch. 9 784, 791, 805 
 
 J467. The King's command that all matters in his court of chancery be deter- 
 mined " according to equity and good conscience and to the old course and 
 laudable customs of the same court" 829 
 
 1471 (2 Edward IV), what the Master of the Rolls said of powers to judge ac- 
 cording to conscience ; and vi'b&t Choke, y., answered 823 
 
 1487. Stat. 3 Hen. VII, ch. 4 and ch. 16, may have suited the chancery, which 
 Bacon says "had the Pretorian power for equity." Also of 4 Id., ch. I2, 
 
 869, 871 (n) 
 
 Whether in chancery there could be jurisdiction in matters cognizable at the 
 common law 907, 908 (and n) 
 
 On a review of the fifteenth century, what appears as to the chancery being 
 ' time out of memory of man'— a fundamental court ; as to the right which 
 the council had * beyond the region of the common law' of hearing petitions 
 and ' advising the king in knotty cases' ; and as to ordinances of chancery 
 (made in 12 Ric. II) being amended in time of Hen. V, and renewed with 
 additions and reformations. What appears also as to the Master of the Rolb ; 
 eleven other masters ; and the Register 908; 912 to 914 
 
 Roman law furnished principles whereon to erect a superstructure 906 
 
 As to administration of decedent's assets 870,871 
 
 As to uses and trusts 911 ; 914 to 918 
 
 As to decreeing specific execution 918 
 
 As to charities and frauds 918 
 
 And especially to relieve against a judgment obtained by fraud 918, 919 
 
 In reign of Hen. VIII, notwithstanding a judgment at law. Chancellor More 
 would interfere on equitable considerations 975 (and n) 
 
 In discharge of debts to the King matter of equity is admitted under a section 
 (55) of stat. 33 Hen. VIII, ch. 39, called in the Exchequer the statute oi equity, 
 
 1048, 1049 
 
 "ERASMUS (Desiderius), born at Rotterdam in 1467 Octo. 28; in Paris, after 1492, 
 
 with William Blount, lord Mountjoy 878 (n) 
 
 1497 visited England; 1499 returned there ; afterwards on the continent; where 
 in 1501 and 1506 878, 879 (and n) 
 
 1509, written to by Prince Henry before and by Mountjoy after the Prince 
 became Hen. VIII 921 
 
 15 10 in London; and with More at Chelsea; his writings there; his places at 
 
Index. — {Erdington.^ HIT 
 
 Cambridge 927 
 
 1 5 14 at Basil or Basle; 1515, July lo, Pope Leo X wrote, soliciting for him 
 
 favour of Hen. VIII. Cardinal Wolsey long corresponded with him 927 
 
 Of Erasmus for years after 1516; his death in 1536, July 12, at Basle; his 
 
 statue at Rotterdam 932, loor 
 
 ERDINGTON (Giles de), a judge from 1251 till Dec. 1267; soon afterwards he 
 
 died 336 (and n) 
 
 ERGHUN (Ralph), bishop of Salisbury; in 1377 one of the council of Ric. II, 
 
 638 (n), 639 (n, 
 
 ERRANTES JUSTITI^E. When sheriffs were such 270 
 
 ERRORS AND MISPRISIONS. On mayor, sheriffs and aldermen not redressing, 
 penalty by stat. 28 Edw. Ill, ch. 10; not (by 17 Ric. II, ch. 10) to extend to 
 
 erroneous judgments in London 599 ('^)> ^9^ ("V 
 
 As to costs on writs of error, see tit. Costs and 885 (n) 
 
 ESCAPES of thieves, chattels of felons, &c. ; and " pardon to the Commons for 
 
 escapes." 31 Edw. Ill, stat. i, ch. 13, 14 603 (n) 
 
 ESCHEATORS, or sub-escheators. As to their wastes or destructions ; and " where 
 
 the escheator or the sheriff shall seize" lands 432 (and n) 
 
 1300-1, "A statute for escheators "; 1330, stat. 4 Edw. Ill, for commissions to 
 
 enquire of their oppressions 433, 541, 542 
 
 1340, 14 Edw. Ill, stat. 1, ch. 8, as to number of escheators, by whom chosen, 
 and their tenure of office; ch. 12 of return by escheator. in some cases "by a 
 good and true extent in the chancery" and how " by accord betwixt the 
 chancellor and treasurer " there may be a commission ; ch. 14 of proceedings 
 on petition for land in King's hands 566, 567 (n) 
 
 1361, ch. 13, how escheator shall take his inquests; ch. 14, as to traverse of the 
 office and trial thereof 604 (n) 
 
 1362, 36 Edw. Ill, stat. I, ch. 13, as to escheators and lands seized by inquest; 
 42 Id., ch. 5, of escheators 606 (n), 6l8 (n) 
 
 1509, I Hen. VIII, ch. 8, against them for making false returns 921 
 
 ESCURIS (Matthew de), a justice errant in 1174 203 (n) 
 
 ESPEC (Walter), a justice ia reign of Hen. i 157 
 
 ESSEBY (or Esseburne), Jordan de, in 9 Hen. Ill 301 
 
 , Robert de, in 27 Hen. Ill 327 
 
 ESSEX. Sheriffwick, &c., thereof vested in the King by stat. 21 Ric. II, ch. 11, 
 
 708 (n) 
 See tit. Henry of Essex as to him ; and tit. Cromwell as to Thomas Cromwell, 
 earl of Essex. 
 
 ESSOINS, statutes concerning, in reign of Edw. II 513 (n) 
 
 ESTREATS, as to discharge of, 31 Edw. Ill, stat. i, ch. 3 603 (n). 
 
 ETHELBALD. Division of territory between Ethelwulf and this son 56 
 
 His taking for his consort his father's young widow, and his separation from 
 
 her 56 
 
 Cases of government on him and his brother Ethelbert 56 
 
 ETHELBERT, king of Kent. Of his reign from before 596 until 613; his laws, 
 the most ancient specimen of Anglo-Saxon legislation ; civilization, art and 
 letters during his reign ; what Gregory I sent to Kent, and what was the re- 
 ligion of Ethelbert's wife. Among the consequences was a Christian church 
 
 built about 610 on the site of St. Paul's 40, 41 (and n), 42 
 
 ' , son of Ethelwulf (king of Wessex). Who had the cares of government 
 
 from Ethulwulf's death in 857, until Ethelbert's death in 865 56 
 
 ETHELFLEDA, Alfred's eldest daughter, wife of Mercia's governor, after bril- 
 liant exploits, died in 718 70, 71 
 
 ETHELGIVA, name of a daughter of Alfred ; and a name of Edwin's queen. ..70,^76 
 ETHELMAR, brother of Hen. Ill, and elected bishop of Winchester ; fled from 
 
 England 337, 349> 3Si. 352 (n) 
 
 ETHELRED, Alfred's brother died in 871 56, 58 
 
 called the unready, who was crowned in 978, is associated with an infamous 
 
 massacre of Danes 8l, 82 
 
 Whether he had a chancellor or not, the administration of justice was, under 
 
Ills Index. — {Etkelric.) 
 
 him, feebly enforced and for a time entirely suspended 83, 84, 85 
 
 In 1013, Sweyn was established in London; in Jan. 1013-14, Ethelred fled. 
 
 He returned to England after Sweyn's death ; led an army against Canute ; 
 
 and did not profit by experience. His long and calamitous reign ended by 
 
 his death April 23, 1016. His burial; and the names of his sons. ..83, 84, 85 
 
 ETHELRIC, aged South-Saxon bishop, declared (in reign of Will. I) the ancient 
 
 customs of the laws 137 
 
 ETHELSTAN, a Mercian; came to Alfred's court 64, 65 
 
 ETHELWEARD, Alfred's youngest son 7° 
 
 ETHELWOLD, abbot of Abingdon ; its school second only to Glastonbury, 
 
 78 (and n) 
 
 Raised to see of Winchester; attentive to education of youth 78 
 
 A counsellor and friend of King Edgar 78 
 
 ETHELWULF, Egbert's son. Of him in his father's life and as his father's suc- 
 cessor. His wives and his sons. When he went to Rome; and when he 
 
 died 54.55.56,57 
 
 ETHERED, Mercia's governor and Ethelfleda's husband 70 
 
 ETHERIUS, archbishop of Aries 40 
 
 EUROPEAN COAST, plundered, conquered and settled I 
 
 EUSTACE in 1194, with Great Seal, accompanied Ric. II, and authenticated char- 
 ters; in 1197 bishop of Ely; 1198 chancellor 226 (n), 230, 275 
 
 As to Eustace, count of Boulogne, see tit. Boulogne. 
 EVERDON, Silvester de, under John and Hen. Ill ; ' cunning in the custom of the 
 
 chancery' 325 (and n), 342 
 
 1242, had custody of Great Seal; in what character. Whether in 1244, chan- 
 cellor or keeper 323 (and n), 342 
 
 .1246, Aug. received bishopric of Carlisle; Nov. succeeded in the chancery by 
 
 John Mansel 342 
 
 1251 and 1252 (while bishop) a justice itinerant; 1253 to him by the king a 
 
 a sharp address! 1254 killed by a fall 336, 343, 344 
 
 , John de, before Nov. 28, 1307 ; then appointed a baron of the Exchequer; 
 
 in which office he was in and after 1310 497 
 
 , William de, before 1324; he became then a baron, and on accession of 
 
 Edw. Ill was reappointed 521 (and n), 528 (and n) 
 
 EVESHAM. Town of, gathered round site for abbey; battle of, in 1265. ...45, 362 
 
 , Thomas de, before reign of Edw. Ill; then a clerk in the chancery; 1340, 
 
 Dec. 16, Great Seal temporarily in his hands, under seals of two other clerks, 
 
 570 (and n), 571 (and n) 
 
 1340-41, Master of the Rolls from Jan. 10 to Feb. 21 ; then resumed duties as 
 
 clerk in the chancery. Whether during Chancellor Bourchier's absence, from 
 
 Feb. 14 to Mar. 3, functions of chancellorship were executed by Drayton and 
 
 Evesham. Evesham's death in 1343.,, 571 (and n;, 572 
 
 EVESK (Henry le), a justice in 9 Hen. Ill 301 (n) 
 
 EXCHANGE of gold for silver, 25 Edw. Ill stat. 5, ch. 12 594 
 
 EXCHEQUER. Barons thereof. From 1066 to 11 54 who share the title; 1154 to 
 1216 of the Exchequer and the curia regis ; the ' court of exchequer, not yet 
 
 existing 179 (n), 267 (and n) 
 
 Under Hen. Ill, the three courts distinguished as to class of causes ; and as to 
 
 place of session ^co 
 
 In or soon after 1234, chancellor of the exchequer spoken of. Of Alexander 
 de Swereford compiler of Red book of the Exchequer, wherein is preserved 
 ' Dialogus de Scaccario ' ; 30 Hen. Ill appointment of treasurer of new ex- 
 chequer; 1263 affairs of Exchequer in disorder; what the King directed, 
 
 315, 316, 317, 331 (and n), 359 
 1283, 2 Edw. I, statute Rhuddlan, limited the jurisdiction of court of Ex- 
 chequer; 1300, Stat. 28 Edw. I, ch. 5 ; from it, implied that the Exchequer 
 
 should remain at Westminster 400, 401 (and n), 430 
 
 From middle of reign of Edw. II, a succession of chief barons of the' Ex- 
 chequer; 16 Edw. II, statu turn de forma mittenda extractas ad scaccarium. . 
 Other 'statutes of the Exchequer' previous to Edw. 111,450, 503, 519 (and n) 
 
Index. — {Execution.') 1119 
 
 As to sending records into the Exchequer, see tit. Record and 559 (n) 
 
 I357> 3' Edw. Ill, Stat, i, ch. 12, giving chancellor and treasurer jurisdiction 
 to correct errors in judgments of the Exchequer 603, 604 
 
 1377, I Ric. II, ch. 5, of "statutes for officers of the Exchequer confirmed;" 
 debts once paid not to be demanded 639,640 (and n) 
 
 1381, S Ric. II, ch. 9, of defendants in the Exchequer pleading their discharge; 
 ch. 10, as to " accounts in the Exchequer of persons retained to serve the 
 King"; ch. 11, "for the shortening Exchequer accounts"; ch. 12, "two 
 clerks of accounts sworn in the Exchequer"; ch. 13, "accounts of «Z;4z7 shall 
 be discharged on oath of accountants" ; ch. 14, as to "the clerk of the Pipe 
 and Remembrancers"; to what sworn, and what they shall certify; ch. 15, 
 upon what " the remembrancer shall discharge the party"; ch. 16, " fees of 
 clerks for commissions, &c." 656 (n), 657 (n) 
 
 Whether in 14th century barons of the Exchequer were selected from Serjeants 
 or pleaders ; how connected with the law 720 
 
 1541-2, Stat. 3 Hen. VIII, ch. 39, after \ 37 — that suits for the King's debts 
 shall be in the courts of Exchequer or other specified courts — has a section 
 
 which is called the statute of equity 1048, and tit. Equity, last paragraph. 
 
 EXECUTION of body, goods or land; in after6 Edw. I (1278) 395 (n) 
 
 1377, Stat. I Ric. II, ch. 12, " penalty for confessing a debt to the King to delay 
 another's execution" 640 (n) 
 
 1540, Stat. 32 Hen. VIII, ch. 5, as to " contentations of debts upon executions," 
 
 1041 
 
 JEXECUTORS. When they shall have actions and recover ; under stat. i Edw. Ill, 
 
 ch. 3; 4 Id., ch. 7 527, 542 
 
 9 Id., ch; 3, as to mode of proceeding in suit against two or more executors, 
 
 SS8,SS9 
 135 1-2, 25 Edw. Ill Stat. 5, ch. 5 of actions and executions by and against 
 
 executors of executors 594 
 
 1455, 33 Hen. VI, ch. i, what the chancellor may do on complaint by executors 
 
 of embezzlement of decedent's goods 810 
 
 1529, 21 Hen. Viri, ch. 4, of lands devised to be sold by executors 977 
 
 1540, Stat. 32 Id., ch. 37 of rents — " for recovering of arrearages by executors 
 
 and administrators" 1042 
 
 EXETER in Athelstan's time ; 14 Edw. I, 'Statutes of Exeter' 73.409 
 
 Duke of vsx2.\ Ric. II; and in 1399. See tit. Beauford and tit. Holland, and 
 
 707 (n), 714, 768 (n) 
 Marquis of, sent in 1538 to the Tower; in 1538-9 executed. — His marchioness 
 
 attainted afterwards 1030 (and n), 1039 
 
 EXIGENTS. In 18 Edw. Ill a declaration concerning 582 
 
 EXILE. What is prohibited \iy Magna Carta 297 (and n) 
 
 EXPENSES OF GOVERMENT, in isth century 887 
 
 EXPORTS, 28 Edw. Ill, ch. 5, against exporting iron ; 31 Id., stat. i, ch. 8 and 9 
 of 'exportation of wool'; 35 Id. (1361), ch. 20, of "exportation of com," 
 
 598 (n), 603 (n), 604 (n) 
 
 1381, 5 Ric. II, ch. 2, as to exporting gold and silver; Id., stat, 2, ch. 2, as 
 
 to wood, leather and woodfels; 14 Id., ch. 7, as to "export of tin," repealed 
 
 by 15 Id., ch. 7 656, 658 (n), 690 (n), 692 (n) 
 
 1397-8, by stat. 21 Ric. II, ch. 17, "no licenses allowed for exporting staple 
 
 merchandizes except to Calais" 709 (") 
 
 EXTERMINATION abandoned in Offa's time 51 
 
 EXTORTION, by Bishop's officers on probates, &c.; stat. 31 Edw. Ill, ch. 4, and 
 
 21 Hen. VIII, ch. 5 603 (n) 977 
 
 EYENCOURT (Edmund D.). See tit. D'Eyencourt, and 445 
 
 EYNEFELD (Henry de), a. justice under stat. 21 Edw. I (1293). How long sum- 
 moned among judges 422, 423 (and n) 
 
 EYRE. See tit. Justices in Eyre. 
 
 EAIRS. As to keeping of, 2 Edw. Ill, 'statute of Northampton,' ch. 15; when 
 "penalty for selling" at a fair. 5 Id., ch. S 533 (n), 547 (n) 
 
1120 Index. — {Faleise.) 
 
 FALEISE (William de), in John's reign 244 (n). 
 
 FALSITY of Jurors, or of Returns. See tit. Corruption, and tit. Returns. 
 
 FAME (John), in 1417 appointed, and refused to be, Serjeant 77<>- 
 
 FARE of passages at the ports; stat. 4 Edw. Ill, ch. 8 542 (n) 
 
 FARYNDON INN, in 15th century 893 (and n) 
 
 FASTOLF, Nicholas, before 4 Edw. Ill; then a justice itinerant 53S (n) 
 
 , John, died about 2 Hen. VI 816 (n) 
 
 FAUCONBRIDGE, Eustace de, in reigns of John and Hen. Ill 244 (n). 
 
 , Wm. Nevil, lord F., in 1460; letter from him and others to Coppini, 
 
 812,813 
 
 FAUNT (William), in 1338, appointed to King's Bench SS7 
 
 FEASTS. 10 Edw. Ill, " after the feast of St. Matthew," stat. to lessen number of 
 
 courses at meals, and the cost of each mess 559 W 
 
 FEIGNED RECOVERIES. See tit. Fraud. 
 
 FELONS. Before reign of Edw. Ill, statute ' of the chattels of felons ' 519 (n). 
 
 Stat. 5 Edw. Ill, ch. 11, as to "process against felons appealed, &c., in one 
 
 county and dwelling in another" 547 (")■ 
 
 FENCOTES (Thomas de), before 17 Edw. Ill; then a justice of assize; 1348 made 
 
 a judge of Common Pleas; resigned about 1354 578 (and n) 
 
 FERMBAUD (or Fernybaud), 7ViV,4o/oj, before 1305; then a justice takmg assizes; 
 
 and a justice of trailbaston 445 (and n). 
 
 FERRERS, Sir Ralph, 1377, July 17, one of the standing counsel of Ric. II..638(n) 
 
 34 Hen. VIII, case of Ferrers; disposed of 1053 (n) 
 
 FERRYBRIDGE. Battle there in 1461 818 (n). 
 
 FERTE {Ralph de la), in reign of Hen. HI a justice 285 
 
 FETHERSTON (Richard), in 1540, by stat. 32 Hen. VIII, ch. 40, p. 10, excepted 
 
 out of general pardon 1043 (and n)- 
 
 FEUDALISM in time of William 1 12410 126 
 
 FINE ARTS among Anglo-Saxons 121, 122 
 
 FINES mentioned in Magna Carta. In reign of Edw. I modus levandi fined ; and 
 in that of Edw. HI, stat. of 1361, ch. 16, as to " non-claim of fines, 
 
 258, 414 (n), 604 
 
 FIRE. What may be rightly done to save a city or town from it 826 (and n). 
 
 Of cruelty in causing human beings to suffer death from it, 
 
 990, 1028, 1043 (and n). 
 
 FIRTH OF FORTH, Eadwine's frontier 42 (n) 
 
 FISH. Case as to grant by Hen. HI of ' totum crassum piscem' taken, except the 
 
 tongue, which the King retains to himself. 507 (n) 
 
 31 Edw. Ill, stat. 2, as to "selling of herrings"; stat. 3 as to "salt fish of 
 
 Blakeny"; 35 Id. "of herring" 604 (n), 
 
 1382, 6 Ric. 1 1, stat. I, ch. 10, of fore-stalling and fish-mongers, 1389-90. 13 Id., 
 stat. I, ch. 19, confirming St. Westm. I (13 Edw. I) as to taking salmon, and 
 against destroying fry of fish ; with further provision as to rivers in Lanca- 
 shire 662 (n), 688 (n), 
 
 1393-4, stat. 17 Ric. II; "justices of peace shall be conservators" of stat. 13 
 Edw. I, St. I, ch. 47, and 13 Ric. II, st. i, ch. 19; " Mayor of London shall 
 
 have the conservancy " on the Thames 696 (n) 
 
 FISHER (John) bishop of Rochester; in 1527 Wolsey's interview with him as to 
 matters between the king and queen; 1529 one of her counsel, 
 
 946, 947. 958 (n) 
 1534, 26 Hen. VIII, ch. 22, attainder of him and others; under what forms of 
 law, his death was caused by Lord Chancellor Hudley and his co-commis- 
 sioners 994 to 1002 
 
 FITZ-AILWYN (Henry) in John's reign 245 (n)- 
 
 FITZ-ALAN William, and Brian ; each a justice and a sheriff; Wm. in reign of 
 Ric. I; Brian in that of Hen. Ill 217 Cn), 301 (n) 
 
 FITZ^ALDELM (or Aldelin) William, in reign of Hen. II and Ric. I ; in the lat- 
 ter a justice and sheriff. igo (n), 217 (n), 
 
 FITZ-ALEXANDER (Nigel) in 1185 in curia regis; afterwards sheriff; in i Ric. 
 I, justice itinerant and justice of the forest 210, 217 (n). 
 
liiT>EX.—(Ftiz-Alufed.) 1121 
 
 FITZ-ALURED, (Richard), a justice in reign of Hen. I 156 
 
 FITZ-BERNARD, Robert sherifF and justice in I176; Thomas a justice in and 
 
 after 1178 205 (n), 207 (n) 
 
 FITZ-ERNISE (Philip), in 1174 a justice errant 203 (n> 
 
 riTZ-GEOFFREY (John) in 1258 on commission of 24 350 
 
 FITZ-GERALD (or Fitz-Gerold), Henry in reign of Hen. II a chamberlain and a 
 
 justice 190 (and n), 199 (n) 
 
 , Warin. Of his daughter Margaret who in John's reign when a widow 
 
 became Faultes de Breaute's rich but unwilling bride 240 (n) 
 
 FITZ-GILBERT (Richard de), in 1073 joint Chief Justiciary 139 (n) 
 
 FITZ-HENRY, Sewel. In I John Philip de Ulecot fined for marriage with sister of 
 
 Sewel's wife 241 
 
 , Ranulph, in 1234 a justice; whom he married; when he died 317 (n) 
 
 FITZ-HERBERT, Matthew, in reign of Hen. Ill 285 (n> 
 
 , Sir Anthony, in 1535, one of those to try Sir Thomas More 997 (n) 
 
 FITZ-HERVEY, Henry, a justice in reigns of Ric. I, and John 228 (n), 245 (n) 
 
 , Osbert, in reigns of Hen. II, Ric. I, and John; whom he married ; when he 
 
 died , 211 (n), 242, 243 (n) 
 
 . His son Adam married John Fitzhugh's daughter 243 (n) 
 
 FITZ-HUGH, John. His position in John's reign ; 243 (n), 245 (n) 
 
 , William, in reign of Ric. I; Robert, in that of Hen. VI 640, 811 (n) 
 
 FITZ-JAMES, (Sir John), Lord Chief Justice; in 1535, one of the commissioners 
 
 to try Sir Thomas More 997 (n) 
 
 FITZ-JOEL (Warin), a justice in 1224 and 1225 290(0) 
 
 FITZ— JOHN, Eustace, zxiA. his brother /'am (justices), in reign of Hen. I; Wil- 
 liam, under Hen. II; Thomas, under Hen. Ill, 
 
 '57. 193. (n). 199 (n). 317 (andn) 
 FITZ-JOSCELINE (Reginald), in 1193, archbishop of Canterbury ; succeeded by 
 
 Hubert Walter 223 
 
 FITZ-NIGEL (or Fitz-Neale), Richard, author of Tricolumnus; in 11 69, succeeded 
 his father as treasurer; 23 or 24 Hen. II, composed the ' Dialogus de Scac- 
 
 cario' 200 (and n), 230 (n), 317 
 
 Before, or from about, 28 Hen. II, acted as a justice. In reign of Ric. I 
 treasurer, justice and bishop of London ; by his interference Geoffrey Plan- 
 tagenet liberated after Sept. 1191. Fitz-Nigel died in 1198, 
 
 200, 215, 220, 227 (n), 230 
 
 FITZ-OGER (Oger), in reign of Ric. I a justice and sheriff. 227 (n) 
 
 FITZ-OSBERN (or Fitz Osborne), William, count of Bretteville, in Normandy, 
 and earl of Hereford in England ; to whom (with the king's half-brother, 
 Odo, bishop of Bayeux) was, during the king's absence iii 1068, entrusted the 
 
 administration 131, 139 (and n) 
 
 FITZ-PETER Simon, ivL 1163; with what case connected; in 1165 a justice, 
 
 193 (n). 197 
 
 , Geoffrey, a justice in latter part of reign of Hen. I, and in I Ric. I ; also 
 
 sheriff, 4nd holder of other offices. In 1 189 one of the justices appointed as 
 a council to assist the Chief Justiciary; 1 198 succeeded Hubert Walter as- 
 Chief Justiciar 216, 217 (and n), 221, 225, 232 
 
 In 1 199, upon John's accession, invested as earl of Essex; and continued as- 
 chief justiciary ; had an under-sheriff in I200; died in' 1213, 
 
 , 235 (n), 236 (and n) 240, 248, 24^ 
 
 FITZ-RALPH (or Ranulph, or Randolph), William, in reign of Hen. II a justice 
 
 and sheriff. 203 (n) 
 
 FITZ-REGINALD (Ralph), a justice in 14, 16 and 18 Hen. Ill 307 (n) 
 
 FITZr-REINFRID (Roger), a justice and sheriff in reign of Hen. II; what offices 
 
 he held in reign of Ric. 1 203 (n),205 (n),2l7 (n), 228 (0), 
 
 FITZr-ROBERT, Walter, a justice from 1176 till 5 Ric. I; in Normand^ in 6 Ric- 
 
 I; died in 1198 205, 206 (n), 217 (andn) 
 
 , Robert, a justice in 9 Ric. I; and Philip in \o Id 228 (n) 
 
 , John, paid in i John for grant of wardship and land of an heir. His 
 
 position in and after 14 John; 9 and 10 Hen. Ill a sheriff and justice; 1238 
 
 71 
 
1122 Index. — {Fiiz-Roger.) 
 
 a baron of the Exchequer 240 (and n), 265, 266, 303 (n) 
 
 Ranulph, in 10 and 15 Hen. Ill; died before Dec. 25, 1252 303 (n) 
 
 FITZ-ROGER, Robert, sheriff and justice in reigns of Ric. I, and John ; what else 
 
 John granted him 239 (and n), 243 (n) 
 
 , William, in 3 Hen. Ill a justice 285 
 
 riTZ-ROY, Henry, natural son of Hen. VIII by Lady Talbois. His birth, life, 
 
 character and death 928, 1007, loo8 
 
 FITZ-ROSCELIN, William, in reign of Hen. Ill a justice 301 
 
 FITZ-SIMON, Turstin and Osbert ; each a justice; \}asfirst in reign of Hen. II; 
 
 the second in that of Ric. 1 203, 206 (n,) 227 (n) 
 
 , Richard, in reign of Hen. Ill; when he died 301 (n) 
 
 FITZ-STEPHEN, Ralph and William, justices in reign of Hen. II ; William also 
 
 in I Ric. I ; whether author of Archbishop Backet's life, 206 (n), 217, 218, 269 
 
 FITZ-TOROLD (Nicholas), a justice in 1179 and 1180; and perhaps subsequently, 
 
 208 (n) 
 FITZ- WALTER (or Gloucester), Milo de. See tit. Gloucester (Milo de), or tit. 
 
 Hereford. 
 FITZ-WARINE (William). How King John urged Gila de Kilpec to marry him. 
 His position in reign of Hen. Ill ; his daughter married Thomas Lyttelton. 
 What after Gila's death, and while he was sheriff, was paid by him for per- 
 mission to marry a widow 266, 301 (and n), 348 (n) 
 
 FITZ- WILLIAM, Otho, in reigns of Hen. II and Ric. I, a sheriff; in 1194 (per- 
 haps also in 1193) a justice 224 (n) 
 
 ,Adam, in reign of Hen. Ill, a justice and escheator 301 (n) 
 
 , Robert, in 9 Hen. Ill, a justice ; next year a coroner ; when he died, 301 (n) 
 
 , Ralph, in 1304, a justice of trailbaston 445 
 
 , Sir William, in 1526, Sent from England to France 939 (n) 
 
 FIVE BOROUGHS before the Norman conquest, having for each a local, and for 
 
 the whole a common, government. Their names 71 (andn) 
 
 FLAMBARD (Ralph or Ranulph). See tit. Ralf. 
 
 FLANDRENSIS (or Le Fleming), Richard, a justice in reigns of Ric. I and John; 
 under the latter, also sheriff and, (in 7 John) a grant of custody of lands, and 
 
 wardship and marriage, of an heir 228, 243 (n), 266 
 
 FLEET. Why the prison is so called ? As to Warden of the fleet and penalty for 
 improper confession of debt to the King, stat. I Ric. II, ch. 1 2, sjb2 (n), 640 (n) 
 FLETA. Of it and ' Fleta Minor,' 
 
 383 (and n), 458 (n), 461, 462, 463 (and n), 726 (and n) 
 
 FLODDEN. On its side battle of 1513, Sept. 9 924 
 
 FOLIOT, Hugh (abbot of Ramsay) and Walter, each a justice in reign of Hen. Ill ; 
 
 Walter also sheriff; when he died 285 
 
 FOLKMOOT, or assembly of the shire ill, H2, 113 (n) 
 
 FOLVILLE (Sir Eustace de), lord of the manor of Ashby; his attack in 1326 on 
 
 Baron Beeler 504 and 505 (n) 
 
 FORCIBLE ENTRIES AND RIOTS, forbidden by stat. 5 Ric. II, ch. 7, and 
 
 15 Id., ch. 2 .....656 (n),69l 
 
 FORD (William), in 1384, 8 Ric. II, a baron of the Exchequer 665 
 
 FOREIGN DIPLOMACY. See tit. Charlemagne, and 51 (n) 
 
 FOREST (Miles), in 1483 a night in the Tower; how he performed the ruffian's part 
 
 and was rewarded 856, 857 
 
 FORESTALLERS. Against them, 25 Edw. Ill, stat. 3, ch. 3", and 2 Ric'. II ; also 
 
 6 /r/., stat. i,ch. 10 645 (n), 662 (n) 
 
 ii'ORESTS. Thereof, in 1167, itinerant survey; in 1184 assize 198,211 
 
 Under John's Magna Carta, as to forests, forest usages, and foreign courts. 
 
 Who were compelled to attend the courts 257 (n), 272 (n) 
 
 Forest articles renewed and expanded in 2 Hen. Ill in the Carta de Foresta, 
 
 278, 279, 280 
 52 Hen. Ill, " the establishing of Magna Charta and Charta de foresta^'' 
 
 363, 364 (and n) 
 " An ordmance of the forest" in 1305 (33 Edw. I) and 1306, (34 Id)...\^-^ (n) 
 1326-7, stat. I Edw. Ill, ch. 8, of "proceedings against offenders in forests"; 
 
Index. — {Fortescue.) 1123 
 
 25 Id, Stat. 5, ch. 7, against foresters, &c., gathering what is not' due, 
 
 527 (n). 594 (n) 
 
 '3°3> 7 I^i<=- IIj <=h. 3, "For trespasses within the forest," verdict to be given 
 
 where " juries received their charge " ; ch. 4, " penalty on undue imprisonment 
 
 by the officers of the forest" 664 (n) 
 
 FORTESCUE (Sir John). His career until reign of Hen. VI was practically ended. 
 
 1461, March 29, fled with Henry; Nov., attainted 8l!i, 819 (n), 820 
 
 When and where he may have been made Chancellor by Hen. VI. His travels 
 
 and writings ; especially 'De Laudibus Legum Angliis,' 9, 29, 8go to 893, 900 
 
 1471, May 4, at Tewkesbury among the prisoners. What might now influence 
 
 him 831, 832, 833 
 
 1473, 14 Edw. IV, his attainder made void; lands restored; and reappointment 
 
 of him a privy councillor 838, 839 
 
 FOUNTAINS ABBEY. The abbot of in 1464, at York, prorogued parliament ; 
 
 its remains extensive and interesting 821 (andn) 
 
 FOWLER (Roger), Speaker of the Commons in 7 Hen. V,*and I Hen. VI, 
 
 770 (n), 775 (n) 
 FOX Richard, bishop of Winchester in 1508, holding office of lord privy seal, 
 
 922 (and n) 
 
 Edward. Provost of King's College, Cambridge ; sent in 1527-8 to France 
 
 and Italy; afterwards bishop of Hereford; in 1529 the king's almoner, 
 
 949 (and u), 961 
 FOXLE (John de), in l Edw. II, had 'custody of temporalities of Westminster 
 abbey; 1 309 made a baron of the Exchequer; afterwards how employed un- 
 til his death in 18 Edw. II 487 (and n), 497 
 
 FRANCE. Its derivation. 14 Edw. HI, stat. 3, against being subject to kings of 
 
 England as kings of France i, 567 (n) 
 
 See also tit. Louis (or Lewis) ; and tit. Oxford. 
 
 FRANCHEVILL (William de), in reign of Hen. Ill 301 (n) 
 
 FRANCHISE. In England, at York, in the 3d century, decree as to Roman fran- 
 chise; in 1535 Stat. 27 Hen. VIII, ch. 24, of "liberties and franchises "... 1007 
 FRANCIS I in 1525, Feb. 24, to his mother, ' all is lost except our honour.' While 
 a prisoner, his marriage contemplated. 1526, Jan., treaty which procured his 
 liberty ; March again in France ; his acknowledgments to England's king, 
 
 936, 937 (and n) 
 Whether he would marry Eleanora, sister of Charles V, or Mary, daughter of 
 
 Hen. VIII 939 
 
 FRANK (John), before 1423, Octo. 28; then constituted keeper of the Rolls; had 
 the Great Seal, in the Chancellor's absence, for a few weeks in April and 
 May, 1433; and held the Mastership of the Rolls till 1438, May 13. His 
 
 will 789, 790 (and n) 
 
 FRANKPLEDGE. Its institution. What appears of it in Magna Carta ; also 
 in and after statute of Marlebridge, 
 
 109, 130 (n), 279, 299, 365, 366 (n), 452 (and n) 
 
 Stat. 17 or 18 Edw. II. "The view of Frankpledge" 519 (n) 
 
 FRANKS. Their original stock; when they inhabited Franconia; and invaded 
 
 France I, loi 
 
 FRAUD. Against it — by delivering writ in party's absence — ;Stat. Westm. 2 ch. 10, 
 
 401, 402 (and n) 
 By conveying lands and goods to defraud creditors. 1355, 29 Edw. Ill; 1376, 
 50 Id.; 1379, 2 Ric. II, ch. 3, and adjudication thereon in 2 Hen. V, 
 
 599 (n). 630, 646 (n), 765 
 
 In 15th century, jurisdiction of chancery as to frauds gi8, 919 (and n) 
 
 In l6th century, stat. 32 Hen. VIII, ch. 31, "for avoiding of recoveries by col- 
 lusion " ; 34 and 35 Id., ch. 20, " act to enbarre feigned recoveries of lands 
 
 wherein the King's majesty is in reversion" 1049-50 
 
 See also tit. Reversions. 
 FRAUNCEYS (or Francigena), John le, from 27 to 42 Hen. Ill, a baron of the 
 
 Exchequer 326 (and n) 
 
 FREDERICK. II, in 13th century. His legislation for Sicily, contrasted with that 
 
1124 Index. — (^Freemen and Slaves.') 
 
 of Edw. I for England ; 383,457.478- 
 
 FREEMEN AND SLAVES in Anglo-Saxon population. To augment the free 
 and benefit the servile portion thereof, there were measures by the Norman 
 
 Conqueror 107, 127, 12& 
 
 FRENCH. 1362, complaint that matter is pleaded and judged in the French 
 tongue; yet notwithstanding 36 Edw. Ill, stat. I, ch. 15, there seems to have 
 been for some time continued use of French in entries and enrollments, 
 
 606 (n), 607 
 FRENINGHAM (Ralph de), in Common Pleas, from 3 to 6 Edw. I; died in 
 
 15 Id 390 (and n) 
 
 FRISKENEY (Walter de), before 1320, Aug. 6; then appointed a baron of the 
 Exchequer; 1323, July 9, removed therefrom to Common Pleas. Remained 
 
 there till the reign ended 504 (and n), 520 (and n) 
 
 1326-7, Jan. 3 1 , reappointed ; on King's Bench from March 6 (1326-7), till 
 
 Trin. T., in 2 Edw. Ill 528 (and n), 529 (n) 
 
 FRYSTON (Richard), S. clerk or master in the chancery, from 1450 to 1473. Bills 
 in chancery were addressed to him in the chancellor's absence, from March 
 
 7, 1470-71, to May 12 821 (and n), 828 
 
 FUGITIVE FELONS. As to them, ancient law 198 
 
 FULBORN (William de), before 1323; then made a baron of the Exchequer; con- 
 tinued in the office till end of the reign; on accession of Edw. Ill (1326-7) 
 
 reappointed. When his name last occurs 520 (and n), 528 (and n) 
 
 FULCO, archbishop of Reims 65 
 
 FULCON (Robert). On the bench in 1267; continued in Common Pleas on (and 
 
 perhaps for some years after) accession of Edw. 1 369, 380 (and n), 390 
 
 FULHAM (Robert de), in 1265, justice of the Jews; in Mich. T., 1268, assault on 
 
 him, which was apologized for 369 (and n), 
 
 FULTHORPE (Roger de), before 1374, Nov. 28; a judge of Common Pleas from 
 that time till summer of 1387; signed document prepared by Tresilian, C. J.; 
 1387-8 arrested, judgment against him and sent to Ireland; his situation 
 
 there 613 (and n), 643 (and n), 675, 676,679 (and n) 
 
 FULVILLE (Richard), in 1331, attacked Justice Willoughby 544 
 
 FUNDAMENTAL PRINCIPLES of English government in 14th century, 717, 718 
 FURNELLIS (or Fdrnaus). Alan de, in 1 1 79, among six to hear complaints in 
 
 curia regis at Westminster 208 (n) 
 
 , William de,s. justice in John's reign 245 (n) 
 
 , Simon de, a justice in 1234 317 (n), 
 
 FYNCHEDEN (William de) before 1365, Octo. 29 ; thenceforth on bench of Com- 
 mon Pleas till 1371, April 14, when he became its head; mentioned as its 
 Chief Justice in 47 Edw. Ill; but in 48 Id., Octo. 10, succeeded by Ro. de 
 Bealknap 611 (and n), 612,613, 625 
 
 GAERST (Hugh de), in 1179, one of six to hear complaints in curia regis at West- 
 minster ; 208 (n) 
 
 GALDRIC, in 1093, succeeded Robert Bloet as chancellor 144 
 
 GAMES. In 1541-2, for debarring of unlawful, the act of 33 Hen. VIII, ch. 9, 
 
 1047 (n) 
 
 GANT, Robert de, chancellor in Stephen's reign 164 
 
 , Maurice de, in reign of Hen. Ill; when he died ; 305 (n) 
 
 GAOLS. See tit. Jailors and jails. 
 
 GARDINER (Stephen), in 1527-8, secretary to Wolsey ; sent to France and Italy; 
 1528-9, dispatched to Rome; returned in June; language then of him and 
 
 Cranmer 949 (and n), 956 (n), 960, 961 
 
 State secretary from 1529 till Cromwell succeeded to that office. Whether, in 
 1546, Bishop Gardiner encouraged Chancellor Wriothesley against the Queen, 
 
 964, 1058 
 
 GARLAND (John de), in reign of Ric. I, a justice 227 (n). 
 
 GARRARD (Thomas), in 1540, burnt for differing in opinion from Hen. VIII, 
 
 1043 (and n) 
 GARTER (Order of the). Origin of the idea ; what induced its foundation. la 
 
Index. — ( Garton.) 1 12& 
 
 1345, when completed, there was a terrible plague 589 
 
 "GARTON (Thomas de), in reign of Edw. II; on accession of Edw. Ill, comp- 
 troller of king's household and keeper of the wardrobe; 5 Edw. Ill (1331), 
 
 Octo. 10, second harcon 530 (and n), 543 
 
 ■GASCOIGNE (William), before Nov. 15, 1400. Thenceforth Chief Justice of 
 King's Bench until, but not after, death of Hen. IV. Of Gascoigne's char- 
 acter, especially his firmness ; at one time refusing to obey the King's illegal 
 
 command; at another committing Prince Henry to prison 744, 745 
 
 GATESDEN (John de), in reign of Hen. Ill; l sheriff; 2 a justicier; afterwards 
 
 ambassador to Spain ; died in 1262 334> 335 (and n) 
 
 CAUL, in contact with See of Rome 39 
 
 GAUNSTEDE (Simon), before June 3, 1415; then became Master of the Rolls. 
 At what times the Great Seal was left with him ; and with what powers, 
 
 767, 789 
 •GAUNT (John of), son of Edw. Ill; in 1359 married Blanche of Lancaster; 1362 
 
 created Duke of Lancaster ,.., 605 
 
 1373 and 1376, in the administration of government, opposition in parliament 
 to his influence, yet it was greater after, than before, the adjournment of the 
 
 last of these parliaments 631 
 
 1376-7, Jan. II, change of ministry; two bishops took the places of chancellor 
 
 and treasurer , 630, 632, 633 
 
 I377> tfts Duke after his part as high steward, in the coronation of Ric. II 
 
 (July 26), retired to Kenilworth castle 937, 938 (and n) 
 
 Octo., in parliament, to what the Duke alluded; and what the Lords and Com- 
 mons disclaimed .' 638 (n) 
 
 After cry of the rioters in 1381, and proceedings in 1384 in parliament, there 
 was in 1389 an apparent reconciliation; in 1389-90, the Duke was received 
 as one of the king's councillors ; and created Duke of Aquitaine, 
 
 651,666, 685, 686, 687 (n) 
 1393-4, in parliament, what was said of and to him; in 1394 lost his wife, and 
 married Catharine Swinford, mother of his children of the surname of Beau- 
 ford 695, 699 (n) 
 
 1397, legitimation of those children, and creation of Earl of Somerset.... 703 (n) 
 
 1399, Feb., John of Gaunt died 712 
 
 GAVELKIND. Custom of 87 
 
 GAVESTON (Piers de), less esteemed by Edw. I than by his son. H igh place and 
 powers conferred on Piers by Edw. II ; which caused discontent and contests, 
 
 435 (and n), 484 (and n), 491, 492 
 1321, Piers illegally beheaded ; and the offenders not brought to justice. The 
 
 course of parliament 499, 500 
 
 GAWEN (or Wawyn), nephew of King Arthur .' 35 
 
 GEDDING (Ranulph de) in curia regis in 28 Hen. 11, and two other years. Con- 
 tract to marry his daughter broken; and the wrong-doer fined 20g (n), 265 
 
 GENERAL COUNCILS in 29 Hen. VIII. Address from him 1028 
 
 GENESIS. Few 6f its words Latin 102 
 
 GEOFFREY, arch-deacon of York, in 9 Ric. I a justice '....228 (n) 
 
 , Plantagenet, son of Hen. II by Fair Rosamond. Chancellor and Arch- 
 bishop of York before John's reign. Afterwards badly treated ; his character 
 
 and death 192 (and n), 225, 247 (and n) 
 
 , Rufus, in reign of Hen. I, chancellor from 1 123; bishop of Durham from 
 Aug. 6, 1 133; died May 6, 1 140. 
 , the Templar, in 1238, one of two to whose custody the Great Seal was com- 
 mitted 324 
 
 GERMANIC RACE. Its institutions; especially its law of descents; its polity, 
 developed on British soil. How, on the continent, notwithstanding German 
 
 conquests, Roman law was preserved i, 38, 54, loi, 169 to 171 
 
 GERNUM (Ralph) in reign of Hen. Ill; from whom Chief Justice Cavendish is 
 
 descended 285 (n) 
 
 GESTLING (John de), a justice in parts of reigns of Ric. I, John and Hen. Ill, 
 
 284 (n) 
 
1126 Index. — {Geta) 
 
 GETA, whose assassination was caused by his brother ^^ 
 
 GEWISSAS.a Saxon tribe; where they landed in 495 33- 
 
 GIFFARD, William, chancellor, under Will. I and Will. II; perhaps also at com- 
 mencement of reign of Hen. I. Then made bishop of Winchester, iioi, 
 Sept., superseded by Roger as chancellor. Giffard's subsequent life till Jan. 
 
 25, 1129, when he died 139, 144, 146, 148, 149, 153, 154 
 
 , Richard, a justice in reign of Hen. II 206 (ny 
 
 , Walter, in 1264, May 22, elected bishop of Bath and Wells; 1265 ap- 
 pointed chancellor; 1266, Octo., translated to archbishopric of York; but 
 continued a member of the council, and was sheriff in and after 54 Hen. III. 
 
 His other offices; time of his death, and place of burial 362 and n), 377 
 
 , Godfrey (Walter's brother), in 1266, May, chancellor of the Exchequer; 
 
 after Octo. 18 succeeded Walter as chancellor; 1268, June, elected bishop of 
 
 Worcester, but continued chancellor till Octo. 29 367 
 
 1278, at the head of justices itinerant for three counties; died in 1301. His 
 
 character 39' 
 
 GIFTS, in fraud or for maintenance, stat. i Ric. II, ch. 9; 1487, deeds of gift in 
 
 trust for donors, void by stat. 3 Hen. VII, ch. 4 640 (n), 869 
 
 To the King's councillors; 1388, stat. 12, Ric. II, c. 2, "no officers shall be 
 
 appointed for gifts," &c 639 (n), 682,683 (and n). 
 
 See also tit. Public Officers. 
 GILBERT (John), bishop of Hereford in reign of Ric. II, in treasurership ; resigned 
 it, and restored to it. Such proceedings in 10 Ric. II ; and thelilie, in 13 Id., 
 
 672, 684, 686, 687 
 GILDAS. Among several of the name, one is the historian, sumamed the wise, 
 
 36, 37 (and n) 
 
 GILDESBOROUGH (Sir John), Speaker of the Commons in 3 Ric. II 647 
 
 GIRALDUS CAMBRENSIS, as to search in 1189 for King Arthur's body 35 
 
 GIRDLERS. "From restraint of certain patents," girdlers freed in 1391,15 Ric. 
 
 II 692 (n> 
 
 GIRTH AND LEOFWIN, brothers of Harold II; slain in battle Octo. 14, 
 
 1066...,, 100 
 
 GISELHAM (William), before 1289; then raised to bench of Common Pleas. 
 
 Killed in Jan., 1293 413.414 (and n) 
 
 GLANVILLE, Ranulph de,m 11 64 sheriff, and employed in military services; 
 1175, a justice itinerant; 1176, allotted to northern circuit; 1179, in re- 
 arrangement of judicial divisions, one of six to hear complaints in curia regis 
 at Westminster; in 1180 appointed Chief Justiciary. He was retained till 
 end of reign of Hen. II (1189), and probably came up to the king'.s idea of 
 
 a good judge 176, 204 (n), 206 (n), 208, 209, 211 
 
 Of his ' Traciatus de legibus et consuetudinibits regni Anglire '/ drawn up or 
 
 superintended during last years of Hen. II 176, 268 
 
 Of him in early part of reign of Ric. I ; his travelling towards Jerusalem and 
 
 death in 1190; his daughters and his will 215 (and n) 
 
 , Osberi de, in reign of Hen. II, in curia regis ; 209 (n) 
 
 , Gilbert de, bishop of Rochester in 31 Hen. II ; a justice in reign of Ric, I, 
 
 217 (n) 
 
 William de, a justice also in same reign 227 (n) 
 
 GLASTONBURY, where King Arthur, after his fall in 542, was committed to 
 
 friends; and where his remains were deposited 35, 36 
 
 school .,. .„ 78 (n) 
 
 GLENDOWER (Owen). Whom he married 663 (n) 
 
 GLOUCESTER CITY, before 577. In 1278, parliament there passed statute of 
 quo warranto, and statute of Gloucester. Its provision in ch. 8; and Ld. 
 Coke's observations. This statute amended by stat. Westm. 2, 
 
 38, 393 (and n), 394 (and n), 401 (n) 
 1378-, in " abbey of S. Peter of Gloucester" the parliament and statute of 2 
 
 Ric. II 643 (andn), 64s (n), 688 
 
 1483, Dec. 6, the city authorities permitted by Ric. Ill "to wear his livery." 
 
 858 (n) 
 
Index. — ( Gloucester^ 1127 
 
 GLOUCESTER,. /?«/t^ of, 1385, Aug. 6, Thomas of Woodstock; 1386, one of 
 eleven in commission of Nov. 19; of him in 1387 and 1388; and 1389, May 
 3, when Ric. II asked his age 669 (n), 674 (n), 676, 677, 684, 685, 686 
 
 1389, Sept., negotiation for the King's favour; Nov. an apparent reconciliation; 
 Gloucester restored to place in the council — received as one of the king's 
 councillors 685, 686, 687 
 
 Of him in 1394-S; and in 1397; seized; sent to Calais; murdered; and judg- 
 ment against him, though dead 697, 704, 706 (and n) 
 
 In reign of Hen. V; of the new Duke, 1419, Dec, when made lieutenant; and 
 1420, Dec, when, in parliament, he represented the King 771 (and n) 
 
 In reign of Hen. VI, quarrel in 1425 between the chancellor and the Duke j 
 his brother's return to England. Parliament of 4 Hen. VI (1425-6) called 
 the Parliament of bats or bludgeons. What was done to end the quarrel, 
 
 779 to 781 (and n) 
 
 1427, whether Gloucester adopted the views of his brother, and of Chancellor 
 Kempe; 1429, 8 Hen. VI of the brothers (Gloucester and Bedford) after the 
 coronation 783, 784 (and n), 785 
 
 1430, April, Gloucester made lieutenant and custos of the kingdom; 1430-31, 
 in parliament, ' sitting in royal estate' 786 
 
 1431, Nov., how his friends voted in council; 1432, May, his declaration in 
 parliament; 1433, July, parliament opened in the presence of the King, Bed- 
 ford and Gloucester 788, 789, 790 (n> 
 
 1446-7, Feb. 23, Gloucester found dead in his bed ; what is said of his wife's 
 
 dower. Where, in 1703, his body was discovered 794 (and n) 
 
 As to Richard, duke of Gloucester, see that title and title Richara III. 
 GLOUCESTER, -£■«>-/ (p/, in 1258, elected by barons to be on commission of 24^ 
 in reign of Edw. I Gilbert of Clare, before and in parliament of Feb. 1 289 ; 
 
 of him and his father 350, 410, 478, 474 
 
 131 1, on the earl of Lincoln's death, the earl of Gloucester appointed regent, 
 
 492 (n> 
 Of Thomas le 'Despencer, earl of Gloucester, see tit. Despencer, and 
 
 704 (n), 707, 708 
 
 GLOUCESTER, Milo de, earl of Hereford; see tit. Hereford a.ni 157 (n> 
 
 , Walter of , in reign of Edw. I and Edw. II; died in 131 1, in about six 
 
 weeks after becoming a baron of Exchequer 424, 425 (and n), 498 (and n) 
 
 GODFREY OF BATH, chancellor to second wife of Hen. 1 154 
 
 GODWIN, ealdorman or earl ; rendered service to Ulfr., husband of Canute's sister ; 
 Ulfr. shewed attachment to him, and he was raised by Canute to greater dig- 
 nity. In elevating to the throne Edward, son of Ethelred, Earl Godwin 
 
 assisted, and Edward married his daughter 91, 92, 93 
 
 Godwin became jealous of Norman favorites; and there was a quarrel. God- 
 win and his followers quit England. On their return " a commission to 
 
 negotiate"; its result. In 1053 Godwin died 93i 94- 
 
 GOING OUT OF ENGLAND, or returning to it, allowed by Magna Carta 257 
 
 GOLD and silver. Exportation forbid by stat. 5 Ric. II, ch. 2 ; as to goldsmiths, 
 
 Stat. 28 Edw. I, ch. 20 432 (and n), 656 (n) 
 
 GOLDINGTON, William de, before and after 4 Edw. II; then a justice of a.ssize. 
 
 When he died 498, 499 (and n) 
 
 GOSFRID, bishop of Coutances ; before whom was tried suit of Lanfranc as arch- 
 bishop of Canterbury against Odo as earl of Kent 137 
 
 GOTHS. Their original stock. Of Gothic Bible 1,102 
 
 GOURNAY, Thomas of. Against him and William of Ogle, judgment of death in 
 
 4 Edw. Ill, for murder of King Edw. II 532 (n), 540, 541 (n) 
 
 GOVERNMENT. Reasons for and against loving it 2, 3 
 
 GRAMMONT, Gabriel de, bishop of Tarbes,in 1526-7, on an embassy from France; 
 
 landed at Dover Feb. 26; May 5 took his leave 946 (n) 
 
 June and July, new ambassador from England to Charles V, cooperating with 
 
 Bishop of Tarbes from France 938, 939 
 
 When the bishop was again in England; whether the entertainment in 1527 at 
 Greenwich to the French ambassador was on May 5, or not till alter Octo. 20 
 
 944. 946 (n). 948 (and n) 
 
1128 Index. — {Granada.) 
 
 GRANADA. Its conquest from the Moors mentioned in letters from King and 
 Queen of Spain to Hen. VII. In 1493, Lord Chancellor Morton's discourse 
 
 thereof at church of St. Paul's 873 
 
 GRANCURT (William de), in 1268 a baron of the Exchequer 3^9 
 
 GRANDIN (Warin de), a justice in 4 Hen. Ill 289 (n) 
 
 GRAND JURY, instituted before Norman Conquest; in 1194 its constitution de- 
 fined Ill (n), 228, 229 (and n) 
 
 GRAS, Nicholas le, before 13 Edw. I; then a justice itinerant 409 (and n) 
 
 GRATIAN, a mOnk of Bologna. In 1 151 his 'Decretum', or the "Concordia 
 
 discordantium canonum" 174 (and n) 
 
 GRAVAMINA, Presentation of, in 14th century 719 
 
 GRAY (or GreyJ, John de, bishop of Norwich. See tit. Grey. 
 
 , Walter de, (archbishop) of York. See tit. Grey. 
 
 , Richard de, in 1258, elected by barons to be in commission of 24 350 
 
 , yohn of Eaton. See tit. Grey (John dt), second son of Henry. 
 
 , another John, in 1318, a baron; in new council 512 (n) 
 
 , Elizabeth, daughter of Richard Widville ( )r Woodville), and widow of 
 
 John Gray, married in 1464, May i, to Edw. IV. See tit. Widville. 
 
 , Lady Jane, niece of Hen. VIII, in 1546 with queen Katharine ioS9 
 
 GRAY'S INN, in 15th century 893 (and n) 
 
 GREAT ASSIZE. Its institution ; its recognitions ; 1318 "statute concerning the 
 
 Great Assizes and battle" 195, 228, 229, 513 (n) 
 
 GREAT COURT OR COUNCIL, from 1066 to 1154; and in U91, 
 
 179, 180, 220, 221 (n) 
 See also tit. Court and Council. 
 
 GREAT SEAL in Nov., 1272; of breaking it and making new seal 378 
 
 25 Edw. I. Of it when the king was going to Flanders ; and upon his return 
 
 to England (March, 1298) 427 (n) 
 
 1533-4, Stat. 25 Hen. VIII, ch. 12, as to counterfeiting it 992 (and n) 
 
 GREEN, Henry, before 1354, Feb. 6; then appointed to Common Pleas; ex-com- 
 munication in 1358 did not prevent his being raised to a higher office; 1360 
 
 (or 1361), May 24, made Chief Justice of King's Bench 597 (and n), 616 
 
 1362, declared cause of the parliament; 1363 continued it; 1365, Octo. 29, 
 
 removed from chief justiceship 604, 607, 613 (n), 616 
 
 Of what estate he was possessed at his death in 1369. How act of i Hen. IV 
 
 operated 616 (andn), 748 
 
 , John, Speaker of the Commons in 39 Hen. VI (1460). ^ 
 
 , another John, in 1483, a messenger of Ric. III. See tit. Grene. 
 
 GREENFIELD (William de), before the fall of 1302; then the Great Seal delivered 
 to him as chancellor; 1304 elected archbishop of York; resolved to go to 
 Rome and " delivered the Seal to the King in bed." Of his character, death 
 
 and burial 437, 438 (and n) , 439 (n) 
 
 GREENWICH, where, in 1527, at a ball, Anne Boleyn was partner of Hen. VIII; 
 and where, in 1536, an occurrence at a tournament was a pretext for steps to 
 
 get her " out of the way" 943, 944, 1013 
 
 GREGORY I, meeting Angles in Rome ; and sending Augustine and other monks 
 who resided in Canterbury. What he sent afterwards to Augustine and to 
 
 Ethelbert, His pastoral translated into English by Alfred 40, 66 
 
 GREGORY IX. His demand in 1229 308 
 
 GRENE John, in 1483 a messenger from Ric. Ill to Brackenbury ; how rewarded, 
 
 856 
 
 GRENHURST, in 12 Hen. IV, in the chancery, a clerk de prima forma 913 
 
 GRESHAM (Sir Richard), father of founder of Royal Exchange 986 
 
 GREY, John de, before becoming bishop of Norwich, and after contention as to 
 archbishopric of Canterbury; of him when a justicier; and of his death and 
 
 burial 237, 238 (and n), 244 (n) 
 
 , Walter. His ecclesiastical preferments ; and purchase of the chancery. In 
 
 Octo., 1213, when he departed for Flanders, what was done with the Seal; 
 who acted in his absence. He resigned the chancellorship in Octo. 1214; 
 and subsequently became Archbishop of York. His position in 1242 before 
 the King went to war; and afterwards when left in government of the king- 
 
Index. — {Greystoke.) 1129 
 
 dom. Of his archiepiscopal acts; his character, death and burial, 
 
 237 (n), 249, 250 (and n), 275, 280, 328 (and n), 329 (n) 
 See also tit. Enrolment of Charters. 
 — , John de, (second son of Henry, eldest brother of Walter,) whose seat was 
 at Eaton, had oJSces before and after he was fined for his marriage in 35 
 
 Hen. Ill 345 (n), 348 (n), 355, 356 (n) 
 
 He was in 1260 a justice itinerant; in Dec, 1263, one of those who undertook 
 that Hen. HI should abide by decision of King of France ; after battle of 
 Evesham was, in 1265, sheriff; and died in 1266. Whom his daughter mar- 
 ried ; and who were husbands of his granddaughter, 
 
 3S3("). 3SS.3S6(andn), 359 
 
 , Lord, (Grey) in 1350, a commissioner in case of Thorpe C. J 590 (n) 
 
 , William, bishop of Ely, died in Aug. 1478 842 (n) 
 
 , Sir Richard, in 1483 arrested near Stony Stratford; June 23, at Pomfret (or 
 
 Pontefract) beheaded 848, 852 
 
 , Lady Jane, niece of Hen. VHI; in 1546 with his queen 10S9 
 
 GREYSTOKE, (Henry de), in reigns of Edw. I, Edw. II and Edw. Ill; in 1356 
 
 (30 Edw. Ill) appointed to Exchequer bench 595 (and n) 
 
 •GRIENVILL (Adam de); in 44 Hen. Ill, justice of the Jews; in three years, 
 1261—3, ^ justice itinerant; from 1266 till Octo. 1272, a justice of the Com- 
 mon Pleas , 356 (and n), 357 (n) 
 
 ■GRIEVANCES. Complaint of, in 1258; mode of obtaining redress in 14th cen- 
 tury 348.349. 719 
 
 GRIFFIN, in 1546, Solicitor General; censured for his conduct to Anne Ascue, 
 
 1058 (n) 
 GRIMBALD, provost of St. Omer, came to Alfred's court, was his mass priest ; and 
 
 became king of Wessex 64, 65 (and n) 
 
 , Robert, in 1234 a justice 317 (and n) 
 
 , Peter, in 24 and 27 Hen. Ill, a baron of the Exchequer 326 
 
 •GROCYN (William), a friend of Erasmus 878, 984 
 
 GROSSETESTE (Robert), bishop of London; in 1244, one of those representing 
 the bishops; in 1252, opposed demand of revenue for a crusade. Of his 
 general course in the great struggle during 13th century, 
 
 329, 330, 331, 337, 479, 480, 481 
 
 GRYMESBY (Edrnund de), in reigns of Edw. II and Edw. Ill ; in the latter, a 
 
 clerk in the chancery from 7 till 25, perhaps till 27 Edw. Ill ; and one of 
 
 two clerks under whose seals the Great Seal was from Dec. 16, 1340 'to end 
 
 of the year 570, 571 (and n) 
 
 ■GU AGING "vessels of wine, honey and oil imported" under stat. 4 Ric. II. Un- 
 der 14 Id., ch. 8, "Rhenish wines need not be guaged" 650 (n), 690 (n) 
 
 •GUALO, in 1216 the Pope's legate; one of those associated with the earl of Pem- 
 broke as councillors. Of his character; and his return to Rome in 1218, 
 
 277, 281 
 
 GUELPH. From whom descended England's present royal family 99 (n) 
 
 GUILDHALL; its courts and portraits of judges 895 (an^i n) 
 
 •GUITMOND, a disciple of Lanfranc; what he refused to accept from William the 
 
 Conqueror 131 (n) 
 
 GULDEFORD (Henry de), before 32 Edw. I; then a justice itinerant; in 1305, 
 raised to bench of Common Pleas ; how employed under Edw. II. When 
 
 he died 443 (and n), 488 (and n) 
 
 'GUNDULF, bishop of Rochester, in Norman period. Trial ' between him and 
 
 Picot, sheriff of Cumberland 138 
 
 , Hugh de. A justice in reign of Hen. II. When he died 206 (n) 
 
 GUNHILDA, Sweyn's sister ; what she foretold and was done 83 
 
 ■GUNTHORP (William), before 1373, Octo. 26; appointed then to Exchequer 
 bench, and continued on it till 9 Ric. II. How long he lived, 
 
 614, 641, 642 (and n) 
 'GUTENBURG (John), whose invention of printing was in operation in or about 
 
 1435 901 et seq 
 
 GUTHLAC, His tomb and the abbey which rose above it 45 
 
1130 Index.— (G«)'.) 
 
 GUY, Dean of Waltham, one of four barons of the Exchequer, who in ii6S and' 
 
 1169 traversed the country as itinerant judges 198. '99" 
 
 , a brother of Hen. Ill : 349 
 
 GWENT, or the great downs 33 
 
 HADFIELD (Walter de), a justice itinerant in 1174 203 (n). 
 
 HADLOW (or Handle) Nicholas de, on the bench from 1254 to 1266; one of three 
 to whom on Octo. 3, 1258, were assigned 'ad tenendum bancum regis,' at 
 
 Westminster 339 (and n), 354 
 
 HADRIAN after Trajan's death; his wall in Britain 19. 20 
 
 HCETHFIELD. See tit. Hatfield, or 42 
 
 HAGER (Geoffrey), in 10 Ric. I, a justice 228 (n> 
 
 HAGHMAN (or Hawman) Nicholas, before 1336, Octo. 3; then appointed to Ex- 
 chequer bench ^ 555 (a"<i °) 
 
 HALE (Simon de), in reign of Hen, III 301, 302 (n) 
 
 HALES (Sir Robert), Prior of Hospitallers. In 1381, treasurer; complained of by 
 
 rioters; murdered June 14 651 
 
 , Christopher, \ieXox^ July 10, 1536; then succeeded Cromwell as Master of 
 
 the Rolls; retained the mastership Until his death in 1 541, 
 
 998, 1040, 1041 (and n) 
 HALLEY-Edmund. His demonstration of the time when Cjesar reached British 
 
 coast 10 
 
 HAMBURG (Henry de) before 1329; then appointed a judge of King's Bench; 
 
 when he retired 535. 5^36- 
 
 HAMILTON (William de), before and after Chancellor Burnell's death in 1292.. 
 As to the Great Seal, what he did then ; and what was his province during 
 the chancellor's absence in parts of 1297 and 1299. Of its delivery to him 
 
 in 1304-5; and of his death in 1307 417 (and n), 437, 438, 439 
 
 HAMLET'S SOLILOQUY. But few of its words of Latin origin 102 
 
 HAMPTON COURT. Wolsey's part about it ; his gift of it to the King.. .970 (and n)- 
 HANDLO (or Hadlow). See tit. Hadlow. 
 
 HANKFORD (William), before Jan., 1397-8; what opinion he then gave in par- 
 liament; next May appointed to Common Pleas 709 (n) 
 
 HANMER (Sir Thomas). See next title and 663 (n) 
 
 HANNEMERE (David), before and after Feb. 26, 1383, when he was constituted z, 
 judge of the King's Bench. Of his daughter's marriage to Owen Glendower; 
 
 and of his son, from whom Sir Thomas Hanmer descended 663 (n) 
 
 HANNIBAL (Thomas), before 1523, Octo. 9, Master of the Rolls from that time 
 
 till June 26, 1527, when he resigned the office 968, 969 (and (n)> 
 
 BARCLAY (Sir Andrew). See tit. Boroughbridge, and 515 
 
 HARDICANUTE, son of Canute and Emma. Of him from his father's death until 
 
 his own (June 4, 1042) 91, 92 
 
 HARDRES (Robert de), before and in reign of Ric. 1 218 (n) 
 
 HARDWICKE HALL. Ex-chancellor Wolsey ill there in Nov., 1529 965 
 
 HARENG (Ralph), in John's reign; and in that of Hen. Ill ; died about 1230, 
 
 240, 241, 245 (n), 284 (n). 
 
 HAROLD THE FIRST. Of his reign— 1034-5 to 1039 ; 91, 92 
 
 HAROLD THE SECOND, earl Godwin's son. Of him in 1065 ; crowned Jan.. 
 6, 1065-6; killed Octo. 14, 1066 in the battle wherein the Normans con- 
 quered. Where buried 95, 99, 100 
 
 HARRINGTON (Lord), in 1431, Nov. How he voted in council 788 
 
 HARWEDEN (Robert de), in 1305 a justice of trailbaston 445 
 
 HASTINGS, name of the invader in 893 ; who had experience of Alfred the Great, 
 
 60 (and n) 
 
 , name of town near which was the spot selected for battle in Octo. 1066. ..99 
 
 , John, earl of Pembroke, married Margaret, daughter of Edw. Ill 610 
 
 , Lord, in 1450-51 petition against him 801 (n) 
 
 , Lord, in 1483 at death of Edw. IV led the council. The so-called Pro- 
 tector's conduct violent. How the furious scene terminated 848, 851 
 
 HATFIELD (or Hsethfield). Fight there in 633 42 
 
Index. — {Hatmsard.) 1131 
 
 HAUNSARD (William de) a justice in reign of Hen. Ill 302 
 
 HAUTEYN (Hamon), in reign of Hen. Ill and Edw. I. In the latter justice itine- 
 rant, and justice of the Jews ; from this last office suspension in 1286, 
 
 1 40.?, 409 (and n) 
 HAVERHULL (William de). Whether in 1240 he succeeded Hugh de Pateshull 
 
 as treasurer 326- 
 
 HAWISIA (or Hadwisa), King John's first wife 235, 
 
 HAWKS. Stat. 1361, ch. 22, that ' stray hawks, &c., shall be carried to the sheriff,' 
 
 604 (n) 
 
 HAXIE (Sir Thomas),- against him proceedings in 1397 .702, 703 (and n) 
 
 HAYA (Robert de), in 1240 a justice 327- 
 
 HAYDOK (or Haydock) Henricus de, 25 Edw. Ill (1351), unus duodecim clerico- 
 rum nosirorum in cancellaria nostra de secunda forma. Orders of the 
 
 Chancery (by Sanders) edi. 1845, p. 1026 728. 
 
 27 Edw. Ill DE PRIMA forma. Hargrave's Law Tracts, p. 297 913 
 
 HA YE (John de la), in 1264, one of two custodes partium maritimarum 449 
 
 HEAHMUND, bishop of Sherborne fell in 871 at Merton 58 
 
 HEARING OF CAUSES, before and since stat. Westm. i, ch. 46 387 Tand n) 
 
 'HEAVEN'S FIELD,' where Cadwallon fell .'. 43 
 
 HEGHAM (Roger de), before and in 25 and 26 Edw. I ; then a baron of the Ex- 
 chequer ; 34 Id., judgment against Wm. de Briwes for insulting him ; in last 
 year of same reign a justice of assize and justice of trailbaston. On accession 
 of Edw. II reappointed to the Exchequer ; died in Jan. or Feb. 1308-9, 
 
 424, 425 (and n), 445 (n), 486 (and n). 
 
 HEIR. Roman law as to action for goods stolen before he came in possession.... 15 
 
 17 Edw. II, that children bom beyond seas shall inherit; 25 Edw. Ill and 42 
 
 Id., ch. 10,' also as to birthplace of children 592, 593, 618, 619 (n). 
 
 HELEWELL (Robert de), in 1326, charged as accessory to violent end of Roger 
 
 Beler 504, 505 (n), 
 
 HELIOGABALUS ; his exiling an eminent lawyer 24 
 
 HELMSTAN (or Alstan). See tit. Alsian. 
 
 HELYNN (Walter de), ' jusiiciarius noster' from 52 Hen. HI to end of reign. In 
 King's Bench from I to 6 Edw. I ; then removed to Common Pleas, 
 
 370, 380, 389 
 
 HEMINGBURGH (Walter of), the annalist 427 
 
 HEMINGTON (Richard de), a justice from 46 and 47 Hen. Ill, till near end of the 
 
 reign 358 (and n). 
 
 HENGEST (or Henghist, or Hengist) and Horsa 33, 106 
 
 HENGEST-DOUN ; where Egbert defeated Danes and others..... 53 
 
 HENGHAM, Vf/illiam de, in 1124 and 1126 a justice ....157 
 
 , Ralph de, in reign of Hen. Ill ; 54 Id., a justice of King's Bench ; at the 
 
 head of the circuits till end of this reign 372 (and n)- 
 
 After accession of Edw. I, one of his practical advisers. How soon he became 
 
 and how long he continued Chief Justice 379. 380 (and n), 384, 389 
 
 Under what circumstances he was removed from ofiice and fined in 1289; what 
 was his position in 1300; in 130-1 in judicial office — constituted Chief Justice 
 
 of Common Pleas 380 (n), 411 (and n,) 443 (and n) 
 
 On accession of Edw. II reappointed Chief Justice. Of his two works 
 ' Hengham Magna' and Hengham Parva. Of his death, burial and epi- 
 taph 488, 489 (and n), 892 (n)] 
 
 HENRY I, chosen king in 1 100; his oaths at his coronation; and charter of lib- 
 erties 149,150, 151 
 
 Recalled Anselm, archbishop of Canterbury ; restored laws of Edward the Con- 
 fessor; married Matilda, descended from Anglo-Saxon monarchs; his sur- 
 name was Beauclerc (or fine scholar) ; and his queen shared his love of 
 
 literature IS°. iS.b 
 
 Her death ; his daughter's marriage ; his son's death ; his second marriage ; his 
 controversy with Archbishop Anselm and the court of Rome; and the admin. 
 Istration of justice in his reign, compared with what was before, 
 
 152, 153, 154, 155. 
 
1132 Index. — {Henry II.) 
 
 His greatness in the council chamber; faculty of organization ; love of order 
 and justice. He acquired the epithet — Lion of Justice 158 
 
 His measures as to local courts ; town privileges ; and maintenance of peace. 
 How they changed the temper of Norman rule IS^, 159 
 
 His death in Dec, 1 135. Of the compilation caWei ' Leges ffenrici Primi' ; 
 
 and Henry's character 1S9> 160 
 
 HENRY II. When born ; when brought to England to be trained to arms ; in 
 what fortress he had been and how long, when his father sent for him, 
 
 161, 165 (and n) 
 
 In 1 149, knighted by his great-uncle, David, king of Scots ; in 1 151, received 
 Normandy from his father; upon his death succeeded him in Anjou l56 
 
 In 1 152 married Eleanora (of Aquitaine) ; and thereby added to his do- 
 minions 166 
 
 In 1153, embarked for England; Nov., his treaty with Stephen 166, 167 
 
 1154, Dec, his election, coronation, expulsion of mercenaries, and demolition of 
 fortified houses 184, 185 
 
 In 1 1 56, again on the continent ; 1 157, returned to England and was occupied 
 with legal business ; subsequently went to France, accompanied by the chan- 
 cellor 190 (and n) 
 
 Administration by the justices from 11 58 to 11 63. Then the King returned to 
 England and applied himself to business 190, 192 
 
 His contest with Becket in and after 1 163 ; Becket's going to France and strug- 
 gling there for six years; the king's going there in 1 166; deaths, in 1167, 
 u68 and 1169, of some of his oldest counsellors 193, 198, 200 
 
 After his return from Normandy (in March 1 170), investigation of conduct of 
 sheriffs and other officers 200, 201 
 
 As to his son Prince Henry, see tit. Margaret, princess of Franc'i, and.... 191 (n) 
 
 The King returned from France in 1 175, and was in England till Aug., 1177. 
 Before going on the continent in July, 1 178, he gave attention to the great 
 number of judges: he constituted a court of five out of his 'immediate 
 servants' 205, 206, 207 
 
 Of him as a legislator and administrator; also of his death and burial, 
 
 209, 212, 213, 214 (n) 
 
 HENRY II AND HIS SONS. Through their reigns the Exchequer and the curia 
 
 regis Qontinue in close union. Whence arose therein the systematic order. 
 
 Influence of ecclesiastical system upon'loca) tribunals and offices ; and forms 
 
 and modes of proceeding 267, 274, 275 
 
 HENRY III. First business of his council. When and after this boy was crowned, 
 who had the guardianship of him and the kingdom. How much of the 
 Great Charter was republished. Wisdom of the government 276, 277 
 
 No act that implied perpetuity was to be sealed till he reached full age. Who 
 inherited the Earl of Pembroke's pre-eminence. After his death, under 
 whose care the King was. His second coronation. May 17, 1220 281, 282 
 
 In 1223, the pope's mandate that the King, though young, should have govern- 
 ment of the kingdom, and the chancellor should use the seal according to the 
 king's pleasure 288, 289 
 
 1225, reissue of the Charters. John's Magna Carta compared with this re-issue. 
 Lord Coke's exposition 293 
 
 At what age, the King undertook to regulate affairs of the realm by himself. 
 In what he was an apt scholar. At whose bidding was thrown off Peter des 
 Roches; and Hubert de Burgh 306, 307, 308(0) 
 
 1232, council of March 7; Peter's advice; and the king's action; 1233, changes 
 in treasurership and other places. Opposition under earl marshal Richard. 
 Resolution of earls and barons. Civil war. In Octo., at Monmouth, the 
 King defeated ^ 310, 312, 3i3(andn) 
 
 1 234. What Edmund Rich, the new primate, insists on ; and how the King 
 gives way 314 
 
 ,1235, marriage of the king's sister; next year marriage of the king himself. 
 By whom queen Eleanor was brought to England ; when married.. .319 (and n) 
 
 J236, the queen's coronation; and the king's second coronation 319 (and n) 
 
Index. — {Henry of Lancaster). 1133- 
 
 Among the queen's countrymen in England was her uncle William, bishop of 
 Valence, and her brother Boniface, of Savoy, who became archbishop of Can- 
 terbury. Alarm (in 1236) that foreigners were too powerful. What was 
 done by or for the King 321, 322, 323 
 
 Carta confirmationis regis Henrici III XXVIII die Januarii A. R. XXI^^^z-^ {ay 
 
 Events from 1246 to 1249. What was done in 1250, under pressure of debt 
 and poverty 333 (and n), 334 (n) 
 
 1 25 1-2, Feb. II, charter; 1252 resort to extortion; grant in 1253 when he con- 
 firmed the charters 337 (n), 338 
 
 1258, April, petition for money rejected. What was the course after parliament 
 at Oxford in June until the King's resistance in 1261 353 
 
 Civil government from summer of 1263 until treaty of May, 1265, known as 
 the ' Mise of Lewes ' ; afterwards till battle of Evesham in Aug., 1265 ; and 
 thenceforth till 'Dictum of Kenilworth' in Nov. 1266 359 
 
 Of those at the head of courts from 51 Hen. Ill until end of this reign. The 
 King in danger in 1271 ; his death Nov. 16, 1272. Of his burial; the 
 
 monument to his memory; and his character 373.375)376 
 
 HENRY OF LANCASTER, when earl of Derby and Duke of Hereford. See tit. 
 Derby and tit. Hereford, and 710 to 712 
 
 When (after his father's death Feb., 1399) duke of Lancaster; and till end 
 of the reign of Ric. II , 712 to 715 
 
 When claim to reign over England in right of descent from Hen. Ill was made 
 
 and assented to 716 
 
 HENRY IV. When he appointed officers ; when he was crowned ; when his first 
 parliament sat. Its statute. Operation of act as to the ex-chancellor. Sir 
 Richard le Scrope 746, 747, 748 
 
 1403, Feb. 7, the King's marriage to Joan of Navarre. See that title. 
 
 1406, 7 Hen. IV, Octo., what oath the Commons required of^ Lords of the 
 Council and other great officers -757, 7S8 
 
 The King's character. Scene in his last illness. His death and burial... 762, 763 
 
 HENRY, SON OF HEN. IV, about 1399, under tuition of Henry Beaufort; when 
 
 committed to prison by Gascoigne, C. J 745, 753 (n) 
 
 1409-10 (II Hen. IV), at the execution (by burning) of John Badby. The 
 Prince's intelligence 760 (and n), 762 
 
 Scene with him in his father's last illness 762, 763 (and n)< 
 
 HENRY V. In 1413; when proclaimed King; when crowned ,...763,764 
 
 1417, his letter of Octo. 21, written in camp; 1418, 'beside our town of Fa- 
 loise' 770 (andn) 
 
 1420, at Troyes, wedded to Katharine (of Troyes) ; the King 'with his beauti- 
 ful bride' at the siege of Sens; their Christmas at Paris; 1 421, escorted to 
 Calais ; landed in England in February ; on the 24th she was crowned, 
 
 771 (and u) 
 
 Whether, in 1421, the King made in England 'a great progress,' and in May 
 opened parliament in person. Leaving his Queen, he hurried to France in 
 June (1421) 772 
 
 Whence he wrote in Aug., Sept. and Octo.-; Dec. 6 their son was born at Wind- 
 sor, when his father was on the continent 772, 773, 
 
 1322, May, the Queen joined her husband ; Aug. 31 he died near Paris. Of his 
 burial and his tomb ^. 773 and (n) 
 
 His character ; the calamities in his reign from wars, and degrading ecclesiastical 
 persecutions 773> 774 
 
 At his death the age of his brothers ; John, duke of Bedford, 33 ; Humfrey, 
 
 duke of Gloucester, 32.., 774 
 
 HENRY VI. 1422, Sept., who received the Great Seal in his name. How par- 
 liament was opened, Nov. 9. Who was appointed " Protector and defender 
 of the realm and church of England and chief counsellor of the King." How 
 the council might and did act 774, 775 (and n), 776, 777 (and n) 
 
 1423, Nov. 18. The little King, tho' ' he schrieked and cryhed, ' before he 
 would leave his lodging' ' was brought into Parliament. 777 (and n). 
 
 ' Before the King sitting in person^' parliament was opened by Chancellor Beau- 
 
1134 Index— (Jlenfy VII.) 
 
 fort in 1425, 3 Hen. VI and 1425-6, 4 Hen. VI 779 (and n). 7^0 
 
 1426-7, March 8, with whom the King was at Canterbury; Octo, 13, 'the King 
 sitting' when Chancellor Kempe declared cause of the parliament 783, 784 
 
 Earl of Warwick, preceptor of Hen. VI, in and after 1428 784, 785 (and n) 
 
 8 Hen. VI, Sept., parliament opened, 'the King himself then sitting' ; 785 
 
 Nov. 6, the coronation. Now ceased " the name and power of Protector and 
 defender" ; and those who had the same, now " have the name of principal 
 counsellors" 7^5 
 
 1430, April, the King accompanied by Cardinal Beaufort went to France ; 1431, 
 Dec. 17, Henry at Paris crowned King of France; 1431-2, Feb. 9, landed in 
 England '. 786, 788 
 
 Parliament opened in the King's presence in 1432, 1433, 143S1 I437> I439> 
 
 788 (n^ 79°. 791(11) 
 
 1444, Nov., at Nanci, Henry, by proxy, espoused Margaret, daughter of Ren^, 
 king of Sicily, &c. Treaty for this marriage, and for peace with France, 
 announced in 1444-5 by Chancellor Stafford, in opening parliament. I445> 
 April 22, the marriage solemnized in Tichfield abbey ; May 30, the Queen 
 crowned at Westminster , 79^ (and n), 793 
 
 In the King's presence parliament opened in 1446-7, at Bury St. Edmunds, 
 and 1448-9, at Westminster 794> 79^ 
 
 1450, Henry broke down ; his incapacity for government now proved 799 
 
 In his presence parliament opened at Westminster, Nov. 6 (1450), and at Red- 
 ing in 1452-3, March 802 (n) 
 
 1453, the King's mental power deranged in the autumn; Octo. 13, birth of his 
 son Edward; Nov., a great council 803 (and n) 
 
 Dec, arrest and imprisonment of Somerset; position of Richard, duke of York; 
 1453-4, in the King's condition, the Duke of York chosen protector and 
 defender of the realm ; 1454, provisions for the Queen, and for the King's 
 half-brothers .- 803, 804, 805 (n), 806, 807 
 
 At Christmas (1454), the King sane; recognized his little son Dec. 30 807 
 
 1455, May 5, battle of St. Alban's; the king wounded and a prisoner; July, 
 parliament opened in his presence ; his enemies admitted to reconciliation, 
 
 808, 809 (and n) 
 
 The King again insane before Nov 13 ; to which day parliament was pro- 
 rogued; the Duke of Yoik protector until Feb. 25, 1455—6, when the King 
 had again recovered 810 
 
 1459, 38 Hen. VI, Nov. i, in his presence, parliament opened at 'Coventree' ; 
 1460, July 10, at Northampton, Henry taken in his tent ; on the i6th brought 
 to London; Octo. 7, parliament opened in his presence. He continued to 
 appreciate his ex-chancellor Waynffete 812 (n), 813, 814, 816 
 
 1460-61, after battle at St. Albans, Feb. 17, King Henry was met by his Queen 
 and son. When they moved northerly (Richard's son) Edward, now duke of 
 York, hastened to London, and there was proclaimed King, and Henry's 
 reign practically ended 817, 818 
 
 1461, March 29, battle at Teuton. Afterwards of Henry, in Scotland, Wales 
 and the north of England. Nov., attainted 819 (n), 820 
 
 1464, after battle of Hexham (in Northumberland), retired into Lancashire in 
 disguise, and was betrayed ; taken to the Tower of London, and there till 
 1470 823 (and n) 
 
 1469, spectacle of two rival kings (Hen. VI and Edw. IV) each a prisoner, 
 
 826, 827 (and n) 
 
 1470, Octo. 3, King Edward fled to Flanders ; on the 6th Archbishop Nevill 
 and bishop Waynflete took Hen. VI from the Tower Octo., writs issued in 
 his name ; Nov. 26, he held parliament. How the crown was now settled. 
 Readaptio regies potestafis, or 49 Hen. VI, was from Octo. 9, 1470, to begin- 
 ning of April, 1471 , 827, 828 
 
 1 47 1, April, Henry again Edward's prisoner; May 21 died in the Tower; his 
 body buried at Chertsey and removed to Windsor. His character, 
 
 831, 832 (and n) 
 HENRY VII. Of him as earl of Richmond, see tit. Richmond. 
 
Index. — {Henry, son of Henry VII.) 1135 
 
 1485, Aug. 22, his age on becoming king ; Octo. 30 his coronation ; by whom 
 performed; Nov. 7, his first parhament 864, 865, 866 
 
 1485-6. Jan. 18, married Elizabeth, eldest daughter of Edw. IV; i486, Sept. 
 20, birth of their first child ; 1487, resolution to crown the queen ; Nov. 25, 
 her coronation ; 1489, Nov. 29, birth of Margaret, eldest daughter of the 
 King and Queen .867, 869,870 (and n), 872 
 
 Policy of Edw. IV taken up; parliament convened but twice in last 13 years of 
 Henry's reign ; what was his chief aim. His character ; his death, April 22, 
 
 1509; and his burial 876,877,885 
 
 •HENRY, SON of HENRY VII, born in 1491, June 28, at Greenwich palace; 
 acquainted when a boy with writings of Erasmus ; 1 500, seen by Erasmus and 
 Thomas More 872 (and n), 880, 921 (and n) 
 
 1501, Nov. 14, the day of his brother Arthur's marriage led Katharine of Arra- 
 gon to St. Paul's, and after the marriage back to the bishop's palace, 
 
 870, 881 (and n) 
 
 1502, April 2, Arthur's death; soon after it treaty for Henry's marriage to 
 Katharine; and the union sanctioned by pope Julius II 881 
 
 Henry's regard for literature, and desire for intellectual improvement 920 
 
 HENRY VIII, 1509, April 22, in his i8th year, king; May 27, what Mountjoy said 
 of him to Erasmus 920,921 
 
 In June, at Greenwich, he married his brother's widow ; the King and Queen 
 were crowned on another day at Westminster ; in the same month, on the 
 29th, was the death of Margaret, mother of Hen. VII, and grandmother of 
 Hen. VIII... 921, 922 (and n) 
 
 Further as to Henry's Jirsi queen, and his children by her, see tit. Katharine 
 and tit. Mary. 
 
 15 19, birth of his natural son by Lady Talbois. Of him see tit. Fitz-Roy 
 (Henry), and 928, 1007, 1008 
 
 1520, visits of sovereigns; and political arangements. Address of Charles V; 
 its effect 933.934 
 
 As to treaties of 15 18 and 1521 — the latter with a provision as to the Catholic 
 faith — see tit. Wolsey, and , 935 
 
 Contemporaneous with the treaty of 1521 was Henry's work, 'Assertio Septem. 
 sacramenium adverstts Martinum Lutherum,' dedicated to Leo X, and for 
 which he conferred on Henry the title of defender of the faith 929, 935 
 
 1522, war declared against France; and Charles V six weeks in England... .935 
 
 1526, March, directions to ambassadors to deliver the King's letters unto the 
 duchess of Alencon. Early in 1527 her portrait brought to England. Then • 
 supposed that Wolsey was arranging for the king's marriage with a lady of 
 the French court i 944 
 
 1527, April, May and June, treaties between England and France; the Duke 
 of Bourbon assaulting Rome ; embassy of Wolsey to France ; and Sir 
 Francis Poyntz to Charles V 938 (and n), 939 
 
 When Henry disclosed to Wolsey that he had selected Anne Boyleyn to be his 
 queen 948 (and n) 
 
 As to marital relations with Katharine, opinions obtained from universities and 
 prelates ; to Anne, love letters from Henry 948 to 952 (and n) 
 
 1528, Nov. 6, his speech at Bridewell ; Dec, commissioners sent to Rome 
 1528-9, other dispatches 956 (and n), 957 
 
 1529, Henry before the two cardinals ; stating as to his marital relations with 
 Katharine, when the 'special cause ' — the 'certain scruple ' began to operate. 
 In 1530 and 1531, proceedings for separation from her. See tit. Katharine, 
 and 959 (and n), 960 to 962, 978 to 980 
 
 1532-3, Jan. 25, marriage with Anne Boleyn; kept secret for a time; 1533, 
 April 12, openly acknowledged; then Anne went in state as queen, 
 
 989 (and n) 
 
 •1533-4, 25 Hen. VIII, ch. 22, act for " establishment of the King's succes- 
 sion"; sect. I, declaring his marriage with Katharine void, and that with 
 Anne valid 993 
 
 4533-4, March 23, the pontiffs position; 1534, Nov. decisive measures by Hen. 
 
1136 Index. — {Henry of Essex.) 
 
 Vm and parliament. Observations upon the contest 994 
 
 1535, July, how Henry received news of Sir Thomas More's death iooo(q) 
 
 Of influences to get rid of Anne Boleyn, and have Jane Seymour as Queen^ 
 
 see tit. Boleyn, tit. Seymour, tit. Audley and tit. Cranmer 1008 to 1022 
 
 Damnatory facts against the 'King. Whether for murder of Queen Anne he 
 felt remorse 1018 to 1022 (and d), 
 
 1536, Stat. 28 Hen. VIH, ch. 7, for establishing " succession of the imperial 
 crown" 1023, 1024 
 
 1537, 29 Hen. VIII, address of April 8 as to general councils; 1538, remark- 
 able .proceedings as to Thomas A. Backet; 1539, slat. 31 Hen. VIII, ch. 14,. 
 " abolishing diversity of opinions" 1028, 1029 (and n), 1032, 1033 (and n) 
 
 See tit. Anne for Anne of Cleves ; and tit. Katharine for Queen Katharine 
 
 Howard ; also for Queen Katharine Parr. 
 1543-4,35 Hen. VIII, ch. I, concerning "the King's majesty's succession;" 
 
 /^., ch. 3, -'for the king's style 1052 
 
 1545,3 Hen. VIII, Dec. 24,, his last appearance (and words) in Parliament. 
 
 His weakness in 1546 1060, 1061 
 
 1546, Dec. His will. Powers thereby vested in his executors, one of whom 
 
 was the earl of Hertford, uncle to Prince Edward 1063, 1064 
 
 1546-7, Jan., King Henry's death; on the 31st the chancellor announced it to 
 parliament, and declared the parliament dissolved. Of his body at Windsor 
 
 by Queen Jane's side ; and of his character 1064 to 1067^ 
 
 HENRY OF ESSEX, after being justice and sheriff, and in high office of constable, 
 
 was, in 1163, defeated in trial by battle 189 (n), 193 (n). 
 
 HENRY OF LONDON, archdeacon of Stafford. His offices in John's reign ; and 
 
 position in that of Hen. HI"; death in 1225 244 (n), 282 (andn) 
 
 HEPPECOTES (Thomas de), in 1341, Jan., appointed to Common Pleas; soon^ 
 
 died 176 (and n) 
 
 HEPTARCHY (or Octarchy) in times of Saxons and Danes 42, 107 
 
 HERBERT, Lord, in 1467, with the King to take the Great Seal from Archbishop 
 
 Nevill 825 
 
 . ,Lady, in 1546, with her sister. Queen Katharine Parr 1059 
 
 HEREFORD. Milo de Gloucester, earl of Hereford, sometimes called Milo Fitz 
 
 Walter; in 31 Hen. I, a justice and a sheriff '57 (n)' 
 
 , Earl of, in 1318, in new council 512 (n). 
 
 , Earl of , in 1321-2, slain at Borough bridge 515 
 
 , Bishop of, in 1318, in new council. What he did in 1326. ..512 (n), 524, 525 
 
 , , in 1382, in parliament; in 1386 (John Gilbert), became treasurer, 
 
 661, 672 
 
 , Duke of, against whom there was by the King an extraordinary judgment,, 
 
 and other remarkable conduct in 1397 and 1398 710 to 712, 
 
 , Bishop of, in reign of Hen. VIII, Edward Fox 961 
 
 HERESY. 5 Ric. II, stat. 2, ch. 5, and 6, Ric. II, with Ld. Coke's observations, 
 
 658 (n), 659, 66o- 
 Archbishop Arundel, in 1396, "held a council which condemned heretical pro- 
 positions" 701 (a) 
 
 His part in the infamous statute of 2 Hen. IV, ch. 15, and in the sentence — the 
 basis of the writ de haretico comburendo — under which Wm. Sautre was 
 
 burnt 749, 750 
 
 The part of him and his successor, in 11 Hen. IV, in another horrible execution 
 
 (by burning) 760 (and n)- 
 
 Renewal of attack on the Lollards'in reign of Hen. V. Under stat. 2 Hen. V, 
 cruel executions ; one of those burnt being Sir John Oldcastle, Lord Cob- 
 ham 765 (andn)i 
 
 141 5, decree of council of Constance, pronouncing John Wickliffe "to have 
 died an obstinate heretic," followed by discreditable proceedings against his 
 
 bones , 668 (n) 
 
 8 Hen. VI (1429), persecutions for heresy applauded and a heretic burnt ; "in 
 
 the next yea.r another' 7S5 (n) 
 
 1533. Sentences when Thomas Cranmer was archbishop 990. 
 
Index. — {Herfastus.) 1137 
 
 1533-4, Stat. 25 Hen. VIII, ch. 14, that a person convict of heresy shall abjure, 
 
 or upon refusal or relapse, be burned. , 992 (n), 1028 (n) 
 
 1540, out of general pardon in stat. 32 Hen. VIH, ch. 40, exception in § 6 of 
 heretics: which of those so called were burned; which hanged ...\o\t, (and n) 
 
 HERFASTUS. See tit. Hefastus, and 138 
 
 HERIET (Richarii de), in reign of Ric. I a justice and sheriff; and in that of John 
 a justice; when he died 89, 227 (n), 243 (□) 
 
 HERIOtS, in Canute's time 89 
 
 HERLASTON (William de), in 6 Edw. II (with the king), abroad in the train of 
 Ingerlard de Warlee, keeper of the wardrobe; what prebend he tad in 1319, 
 and of what church he was parson. From 1321 to 1324 he was frequently 
 one of those clerks in chancery under whose seals the Great Seal was 
 secured during occasional absences of chancellors. He was a clerk in the 
 chancery in 1325, but in the latter part of this reign was keeper of the king's 
 privy seal. He was, in 2 and 3 Edw. Ill one of those to whose custody 
 the Great Seal was sometimes entrusted ; a trier of petitions in parliament 
 as late as 21, and a justice itinerant in 22 Id., 
 
 493 (n). 520 (n), 534 (and n), 589 (n) 
 
 HERLE (William de), in reigns of Edw. I and Edw. II ; spoke of Edw. I as 
 
 'the wisest king that ever was' 434 (n), 506 (n) 
 
 1320, Octo. 19, by Edw. II appointed a judge of court of Common Pleas. ..506 
 
 1326-7, Feb. 3, by Edw. Ill made its Chief Justice 529 (and n) 
 
 1329, Sept. 3, displaced from it; but afterwards at the head of justices itin- 
 erant in that and also in the next year 53^1 537 
 
 1331, March 2, restored to the Chief Justiceship 545, 553 
 
 1333, Nov. 18, not removed; continued to preside till July 3, 1337; thence- 
 forth in honorable retirement till his death in 1347 .,553 (and n) 
 
 HERRING. See tit Fish. 
 
 HERTELPOLE (Geoffrey de), in 1320 recorder of London, and between 1320 
 and 1326 a justice of assize 490 (n) 
 
 HERTFORD (Robert dt), in Common Pleas from 1289 till 1295 414 (and n), 419 
 
 See tit. Beauchamp, as to Edward Seymour, viscount Beauchamp ; created in 
 1537, ear/ of J/ert/ord, and afteiv/ards in important positions 1057 
 
 HEVER CASTLE. See tit. Bo/eyn and tit. Wiltshire, 
 
 HEYDON (Thomas de), a justice from 3 to 11 Hen. Ill 285 
 
 HEYM, Stephen, a. justice of Common Pleas from 55 Hen. Ill till 1274, when he 
 died 372,38o(and n) 
 
 , Peter, in 20 Edw. I, a justice of assizes 421 (and n) 
 
 HEYRUN (Jordan), in reign of Hen. Ill 302 
 
 HIERARCHICAI,. See tit. Ecclesiastical. 
 
 HIGH TREASON. See tit. Treason. 
 
 HII (or Hy), St. Columba's monastery 39 
 
 HILDESLEY (John de), before and after Dec. 18, 1332; then placed on Exchequer 
 Bench 544 (and n) 
 
 HILL (or Hull), jfohn,\)tioxe. 1389, May 20; then appointed a judge of King's 
 Bench 685 (and n) 
 
 HILLARY (Roger), before 1337, March 18; then appointed to court of Common 
 Pleas 557 (and n) 
 
 1341, Jan. 8, advanced to its chief justiceship 576 
 
 1342, (having made way for John de Stonore), received (June 4) a new patent 
 as judge 577 (and n) 
 
 1354, after Stonore's death, constituted Chief Justice. How long he remained 
 
 in this office. Of his death and burial 597 (and n) 
 
 HILTON (Adam de), in reign of Hen. Ill a justice 336 (and n) 
 
 HISTORY. Of it, a great body in Anglo Saxon Bede and Chronicles 67 
 
 Of Historia Pandectarum, see tit. Brenchman (Henry), and 172 (n) 
 
 HOLBEIN (Hans), brought from Switzerland his picture of Erasmus to Chancellor 
 More, and worked in More's house for near three years. What Hen VIII 
 saw of Holbein and his pictures. What Holbein could express ; when suit- 
 ably employed 981, 982 
 
 72 
 
1138 Index. — {Holderness.) 
 
 Whfere are Holbein's originals of More's parents, and of More, his wife and 
 children ; where his portrait of Chancellor Warham and of Anne Boleyn, 
 
 981, 982, 986 
 HOLDERNESS (Alexander de), abbas de Burgo, in 10 Hen. Ill, at the head of 
 
 commission for Lincoln county. Of his death and burial 304, 305 (n) 
 
 HOLLAND, Thomas de, earl of Kent, and yohn de, earl of Huntingdon, created 
 
 each in 1398, a Duke; the former of Surrey, the latter of Exeter 707 (a) 
 
 HOLT (John), before 1383 (7 Ric. II), when he was elevated to the Common Pleas; 
 
 1387, Aug., signed document prepared by Tresilian, C. J. ; 1387—8, arrested, 
 
 and after judgment against him, sent to Ireland; how and when he returned 
 
 to England 675, 677, 679 (and n) 
 
 HOLY ISLAND, plundered in 794 53 
 
 HOMAGE AND' FEALTY. As to " the manner of doing " same, statute previous 
 
 to Edw. Ill 519 (n) 
 
 HOMICIDE. In 9 John Nov. 8, order as to keeping in jail those charged with it, 
 
 243 to 246 
 
 HONORIUSIII, died in 1227 308 
 
 HO PTON (Walter de), in 1272 a justice itinerant, 1274 baron of the Exchequer; 
 soon removed into King's Bench; in 6 Edw. I a justice itinerant; 18 Id. 
 
 fined, but in a petition made explanations 381 (and n), 412 (n) 
 
 HORNE (Walter de). His work in reign of Edw. 1 459 (and n) 
 
 HORSA and Hengest 33, 106 
 
 HORSES. By 20 Ric. II, ch. 5, "penalty for taking horses, &c., for the King's ser- 
 vice without warrant" 704 (n) 
 
 HOSE (or Hoose). Geoffrey, in 1179 and 1180 a justice; also sheriff. zo8 (n) 
 
 HOSPITALLERS AND TEMPLARS. Their liberties and privileges before stat. 
 
 Westm. 2, ch. 43 '. 406 (and n) 
 
 HOTHAM (John de), before Dec. 13, 1312, when made chancellor of the Ex- 
 chequer. On a mission to France in 1313, and in other employments before 
 July, 1316, when he was elected to bishopric of Ely. ..502 (and n), 503 (and n) 
 Treasurer parts of 1317 and 1318; in new council in April, 1318; and chan- 
 cellor in June. Frequently in journeys on the king's affairs 511, 512 (n) 
 
 In his chancellorship, which he held about 19 months, he had the masters as his 
 standing counsel to advise and assist him. Resigned it Jan. 23, 1320; but 
 
 was still employed on foreign missions .-...Sii, 512 (and n) 
 
 1326-7, Jan. 28, again entrusted with the chancellorship; 1328, March i, re- 
 tired from it. How the remainder of his life was occupied. Of his death 
 
 and character 526, 533, 534 (andn) 
 
 HOUBRAY (William de), in 1224 a justice 290 
 
 HOUSE OF COMMONS, in 14th century; how the third estate won its place; in 
 
 1376 none of its old timidity or self-distrust 717, 718 (andn) 
 
 HOUSE OF LORDS. As to its parent see tit. Court and Council. 
 
 In 1377, I Ric. II, proceedings of a judicial nature 640, 641 
 
 1384, 8 Ric. II, Walter Sibell before the Lords at the suit of Robert de Vere, 
 earl of Oxford, for slander. What was done as to judgment and order 
 
 against Alice, wife of Sir William Windsor 667, 668 
 
 1387-8, claimed and allowed that great matters touching peers should be 
 judged by the course of parliament and not by the civil law or by the common- 
 law 677, 678 
 
 1539, 31 Hen. VIII, ch. 10, "an act for the placing of the Lords in the Par- 
 liament" 1032 (andn) 
 
 HOUTON (or Houghton or Horton) John de, archdeacon of Bedford, and after- 
 wards of Northampton, was a justice itinerant, and on missions, and in a 
 
 trust at Bedford castle; in 1246 he died 302 (n) 
 
 , another John de, in early life connected with the Exchequer. How em- 
 ployed from 19 Edw. II till end of that reign; and from the accession of 
 Edw. Ill till after 1347, March 8, when he was made a baron, 530 (and n), 575 
 
 , Adam de (^probably son of the last John), became, in 1361, bishop of St. 
 
 David's; and in 1376-7, Jan. n (50 Edw. Ill), was constituted chancellor ; 
 Jan. 27 continued the parliament, and next day liegan a ' long oration' ; 1377 
 
Index. — {Howard.^ 1139 
 
 at the head of commissioners to negotiate peace with France ; there at the 
 
 death of Edw. Ill 625 (and n), 633, 634, 635, 643 (n) 
 
 2 Ric. II, Octo. 21, at Gloucester, in the Great Hall of the abbey, opened par- 
 liament; O'cto. 29 his chancellorship ended. Whether in this office he com- 
 mitted acts of violence; he died in April, 1389 643 (n) 
 
 HOWARD (William), ancestor of dukes of Norfolk. Under stat. 21 Edw. I (1293), 
 one of the justices assigned to northern circuit; 1297 a judge of Common 
 Pleas; 33 and 35 Edw. I in commissions of trailbaston, 
 
 422 (and n), 424, 445 (and n) 
 
 On accession of Edw. II reappointed to Common Pleas. How long on the 
 
 bench afterwards ; and in what character. Of his descendants, 488, 489 (and n) 
 
 , Robert, 1378, 2 Ric. II, committed to the Tower ■. 644, 645 
 
 , Lord Edmund, in 1514, attended Mary Tudor to France I044 
 
 , Katharine (his daughter). See tit. Katharine. 
 
 , Lord Thomas. Act of 28 Hen. VIII, ch. 24, concerning his attainder. 
 Commitment (to the Tower) of him and Lady Margaret Douglas ; and his 
 death in confinement 1026 (and n) 
 
 , Thomas, third duke of Norfolk, and Henry, earl of Surrey. As to pro- 
 ceedings against them in 1546-7, see tit. Norfolk and tit. Surrey. 
 
 , N. P. His translations and observations 13 to 15 
 
 HULL (John). See tit. Hill. 
 
 HULS (or Holes), Hugh, before and after 1389, May 20 ; then appointed a judge of 
 King's Bench 685 (n)- 
 
 HUMBER. When Engles appeared thereon 37, 38 
 
 HUMFREY, archdeacon of Sarum. In John's reign a justice 245(0) 
 
 HUNDREDS, in Provincial divisions. See that title and 62, 109 
 
 Mentioned in Edgar's laws. Of the hundred-gemot or hundred court ; and the 
 
 agency applied in 1 166 by assize of Clarendon 79 (n), 109, 197, 198, 279 
 
 As to sheriff's turn in the hundred, provision in Magna Carta ; and in statute 
 
 of Marlebridge 299 (and d), 365, 366 (and n) 
 
 Jurisdiction of the hundred court after statute of Gloucester (1278). To this 
 (13th) century the ancient machinery of this court owes its final form, 
 
 394 (and n), 452 (and n) 
 
 1328, 2 Edw. Ill, ch. 12, that hundreds "shall be annexed to counties and not 
 
 let to ferm"; \\ Id., ch. 9, of hundreds and wapentakes 533 (n), 567 (n) 
 
 HUNGERFORD, Sir Thomas, in 1376-7 (51 Edw. Ill) speaker of parliament..635 
 
 , Walter (Lord), 1425-6, March, treasurer; 1431, Nov., who, in council sup- 
 ported him and the chancellor; 1431-2, Feb. 26, resigned treasurership (to 
 Scrope) ■ 781, 788 (n) 
 
 HUNT (Roger), speaker of the Commons in 1420 and 1433 771, 790 (n) 
 
 HUNTING. In 1389-90, 13 Ric. II, stat. i, ch. 13, of those who keeping dogs, 
 &c., to hunt are punishable 688 (n) 
 
 HUNTINGDON, Earl of, in 1350, commissioner in case of Thorpe, C. J 590 (n) 
 
 , Earl of, in 1397, his part against Warwick and Gloucester 704 (and n) 
 
 See also tit. Holland. 
 
 HUNTINGFIELD, Roger de, a justicier, and William de, a justice itinerant, in John's 
 reign ; William was also constable of Dover Castle and held the sheriffalty of 
 two counties 245 (and n) 
 
 HURTALDUS, treasurer of the Exchequer, died about Mich. 1257 341 
 
 HUSBAND AND WIFE, in 40 Edw. Ill; then wife, without her husband, sued 
 her father-in-law for specific performance of an agreement 739, 740 
 
 HUSCARL (Roger de) in reigns of John and^Hen. Ill 246 (n), 284 (n) 
 
 HUSE (or Hussey) jfames, in 1350 April 16, made a baron; how employed in 34 
 Edw. Ill 575 (and n) 
 
 William, whose patent of chief justice was renewed on three accessions, re- 
 monstrated in I Hen. VII against the King's consulting judges beforehand, 
 
 897, 898 
 
 HUSSEBURN (Thomas de) a justice in 33 Hen. II; and in reign of Ric. I, 
 
 210 (d), 218 (n) 
 
 HY. See tit. Hii and 39 
 
 HYDE (Thomas de la), in 1305, a justice of trailbaston 445 (n) 
 
1140 Index. — (^Icolmkill.) 
 
 ICOLMKILL, St. Columba's monastery 39- 
 
 IDA, in S47, the 'Flame-bearer'; his site for a town 3^ 
 
 IDLE. At this river, Rsedwald defeated 42 
 
 IFELD (John de) in Reigns of Edw. II and Edw. Ill ; in 1329 a justice itinerant, 
 
 537 (and n) 
 ILCHESTER (Richard of) in 1168, a justice and baron of the Exchequer.. .199 (n) 
 See also tit. Todiffe (Richard). 
 
 ILLEGITIMACY. By reason thereof estate recovered in 18 Edvir. 1 414 
 
 ILLUMINATING. When this art vfas superseded 9^7 
 
 IMPERIAL LAW. See tit. Ciml Law. 
 
 IMPOSITION OR IMPOST, in Ethelred's time ; did not cease with the occasion ; 
 
 retained for centuries; produced much extortion and misery 83 (n)i 
 
 Hardicanute's renewing imposition pf Danegelt, produced insurrection 92 
 
 1225, 9 Hen. Ill, impost when the charters were re-issued 300 (n). 
 
 What was done in 1229, in <t great assembly; and in 1232 in council of 
 
 March 7 308, 310 
 
 Writ in 1232, for collection of the 'fortieth'; in 1237, for collection of the 
 
 'thirtieth' 311 (and n), 323 (n) 
 
 1242, what was replied to the King's request for aid. What were the proceed- 
 ings from 1244 to 1253 328, 329 (and n), 330, 331, 333, 337, 338, 343 
 
 1351-2, 25 Edw. Ill, Stat. 7, "of the form of levying of the fifteenth". .. 594 (n). 
 1357, 31 Edw. Ill, Stat. I, ch. 13 "pardon to the Commons" for escapes; 
 
 and grant to the King of a fifteenth 603 (n) 
 
 IMPRISONMENT. In 1362, petition for deliverance from it, when without due 
 
 process of law 604, 605 (n) 
 
 1404, Stat. 5 Hen. IV, ch. 10, that justices of the peace shall imprison in the 
 
 common jail only 754 
 
 INA (or Ine, or Ini), king of Wessex ; at war during his whole reign ; what were 
 the results. Of the parliament, laws and courts in his time. When he 
 
 retired to Rome 47, 48, 49 
 
 INCOME of the King in isth century 887,888 
 
 INDICTMENT. Stat. 11 Hen. IV, ch. 9, and 3 Hen. VIII, ch 10, construed in 
 
 Scarlet's case, 12 Rep., 98 760 (and n), 924 (and n), 
 
 154S1 37 Hen. VIII, ch. 8, "that an indictment lacking these words, vi et 
 
 armis, shall be sufficient" 1060 
 
 INFAMY of men whose conduct gave to Parliament of II Ric. II (1387-8), the: 
 
 title of Parliamentum sine misericordia 680, 681 
 
 INFANTS. As to those received into orders of friars, without consent of parents, 
 
 jurisdiction given chancellor in 1402 by stat. 4 Hen. IV, ch. 17 751 
 
 INFERIOR COURTS. Their jurisdiction after statute of Gloucester (6 Edw. I, 
 
 1278) 394 (and n) 
 
 INGE, WiUiam, an advocate of eminence, and the king's Serjeant before 21 Edw. I; 
 
 thenceforth a justice till the end of the reign 422 (and n), 445 (and n). 
 
 What was his position in reign of Edw. II before Sept. 28, 13 14, when he be- 
 came a judge of the Common Pleas 505 (andii)s 
 
 Of him afterwards till Feb., 1316, when he became Chief Justice of the King's 
 
 Bench 505 (and n), 509 
 
 1317, June 15, displaced therefrom; 1321 died 509 (and n) 
 
 , John, before and aftei: 1331, Jan. 18; then came in the Common Pleas; 
 
 died about 20 Edw. Ill 545 (and n) 
 
 INGLEBY (Thomas de), before 1361, Sept. 30. Thenceforth a judge of the King's 
 Beach till towards the end of I Ric. II. His death and burial, 
 
 617 (and n), 642 (and n) 
 
 INGLESHAM (Robert de), a justice in reigns of Hen. II and Ric. 1 210, 218 (n). 
 
 INHERITING. See tit. Heir. 
 
 INJUNCTION. Whether from 1066 to 1154, there is an instance of one 179 (n) 
 
 How it was in 14th century; as to staying proceedings in 50 Edw. Ill (1376); 
 and 3 Ric. II. In the latter reign, injunction to restrain waste, 
 
 630, 648, 739, 743. 
 See tit. Judge and judgment ; and tit. Equity, 
 
Index. — {Inner Royal Council.) 1141 
 
 JNNER ROYAL COUNCIL. See tit. Royal Council. 
 
 INNS OF CHANCERY OR OF COURT. Where, in 14th and 15th century, 
 students of law were boarded, and the laws studied. As to this, what appears 
 
 in Fortescue's 'De Laudibus Legum Angliae' 721, 722, 893, 849 (andn) 
 
 INQUEST OR INQUISITION, mentioned in John's Magna Carta of 1215, 
 
 256, 295, 296 (n) 
 Provision in statute of Marlebridge as to coming before " sheriffs and coroners 
 
 to make enquiry" 366 (and n) 
 
 Under stat. Westm. 2, ch. 30, before whom, and when inquisitions (or inquests)' 
 
 of pleas shall be taken and determined 405, 406 (and n) 
 
 1300, Stat. 28 Edw. I, ch. 9, as to who may be impannelled on inquests...433 (n) 
 1305, 33 Edw. I, " An ordinance for inquests" ; 1318, ' Statute of York,' ch. 4, 
 as to 'how inquests may be taken'; 1328, 2 Edw. Ill, 'Statute of North- 
 ampton,' ch. 16, that " inquests in the county shall be granted on request of 
 
 the tenant" 433 (n), 513 (n),S33 (n) 
 
 Stat. lo Edw. Ill, cb. 4, as to deeds " dated where the king's writ runneth not," 
 that " inquests shall not be delayed for the absence of witnesses to the deeds," 
 
 SS9 
 14 Edw. Ill as to the justices by whom inquests of MzVi^^-zajmay be heard, 451 (n) 
 1354, 28 Edw. Ill, of inquests upon conspiracy, confederacy, maintenance or 
 
 such like 598 (and n) 
 
 1361, ch. 4. that panels of inquests shall be of the neighbourhood 604 (n) 
 
 INSANITY. See tit. Lunacy. 
 
 INSTITUTES of Justinian 37 
 
 INSTITUTIONS, social and political; reasons for their defence 2,32 
 
 INSULA, Godfrey de, a justice in reigns of Ric. I and John 228, 243 
 
 , Briande, in reigns of John and Hen. Ill 242, 303, 304 (n) 
 
 , Simon de and William de, in reign of Hen. III. Whom Wm. took by the 
 
 throat in court in 1253 284, 302 (n), 340 
 
 , John de, an advocate in 1290; a justice in 1293; baron of the Exchequer 
 
 in 1295. Further offices in reigns of Edw. I and Edw. II. Died in 1320, 
 
 424 (n), 445 (d). 486 (and n), 503 (and n) 
 INSURRECTION in reign of Hardicanute; of Edward the Confessor; and of 
 
 Ric. II 92, 95; 650 to 652; 663 (n) 
 
 INTRODUCTION to History i 
 
 lONA, Isle of. .See tit. Oswald, or 42 
 
 IRELAND. Its inhabitants known by name of Scots; its letters, arts and Chris- 
 tianity 27, 32, 39 
 
 Its church cut off from general body of Christendom 39 
 
 Parliaments holden there as in England 719 
 
 ,1357, 31 Edw. Ill, "an ordinance made for the estate of the land of Ireland," 
 
 604 (n) 
 1361, ch. 17, of " trade in Ireland" ; 18 of " English land-owners in Ireland," 604 (n) 
 
 1376, 50 Edw. Ill, ch. 8, making exception from subsidy 630 (n) 
 
 10 Hen. VII act of Irish parliament, called 'Poyning's Law' ....873, 874 (and n) 
 As to Duke of Ireland, see tit. Vere. 
 ISABEhhA of Angouleme, in I20i married to. John; when and where crowned, 
 
 234 
 
 daughter of Philip the Fair, in 1295 in a treaty for marriage to the Prince — 
 
 and in 1308 married to him — who became Edw. II, 
 
 427, 428 (and n) 485, 486 
 
 Treated by him better than he was by her 514, 515, 522 to 526, 531 
 
 Power ill-gotten by her and Mortimer did not last. Course as to her from 4 
 Edw. Ill (1330) until her death Aug. 22, 1358. Where Mortimer was buried, 
 there was she interred 538, S4I (n) 
 
 daughter of Charles VI, born in 1387 Nov. 9; 1396 Nov. married Ric. 
 
 II 699 
 
 queen of Castile. What she thought of Edw. IV ; her envoy's address in 
 
 1483 to Ric. Ill :8s6 
 
 ITALY. Its church owned obedience to See of Rome before the English landed in 
 
1142 Index. — {^Itinerant Justices^ 
 
 Britain 3? 
 
 ITINERANT JUSTICES in reigns of Hen. I, and Hen. II.... 156, 157 (n), 198, 199- 
 
 From 1154 to 1216; and under charters of I2i6and 1217 270, 279, 450 
 
 In reign of Hen. Ill courts active. How after his death and during the 
 
 regency 378 (and n), 382 (and n), 4Sa 
 
 For irregular circuits Edw. I substituted regular visitations 'of judges of assize. 
 
 Operation of stat. 21 Edw. I, 27 Id. and special commissions 451 
 
 JACQUETTA OF LUNENBURG ; Duke of Bedford's widow and afterwards wife 
 
 of Richard Widville 822 (n> 
 
 JAILORS AND JAILS. Stat. I Edw. Ill, ch. 7, as to inquiry concerning jailors ; 
 4 Id. ch. 2 of persons "to take assize," &c. and to deliver the jails ; Id. ch. 
 10, "that sheriffs and gaolers shall receive offenders without taking anything," 
 
 327 (n), 542 (n) 
 10 Edw. Ill, Stat. 2 of gaols ; 14 Id. stat I, ch. 10 that " sheriffs shall have the 
 keeping of the gaols"; — against their making (by duress) prisoners to be ap- 
 provers 559 (n) 566, 567 (n> 
 
 1389-90, 13 Ric. II stat. I, ch. 15, castles and jails united to their counties, 
 
 688 (n) 
 
 JAMES IV. Of his marriage to princess Margaret (daughter of Hen. VII), see tit. 
 
 Margaret. 
 
 1513, Sept. 9, on the edge of Cheviot; his battle and his body..925, 926 (and n). 
 
 JAMES V. His marriage to Magdalene ; her death; and his marriage to Mary, of 
 
 Guise 1026, 1027 (and n). 
 
 1542, seriously affected by losing his army. Of his death, burial and removal; 
 
 especially of a rib said to have been removed to Virginia 1049, 1069, 1070 
 
 JARROW. Famous school; plundered in 794 49, 53 
 
 JEOFAILS. 1540, stat. 32 Hen. VIII, ch. 20, of " mispleading, jeofails, &c."..i042 
 JEROME (William), in 1540, burnt for an opinion, different from that of Hen. 
 
 VIII 1043 (and n)- 
 
 JEWS. As to maintenance of those converted. See tit. Domus Conversorum and 
 
 370, 409, 410 
 
 Of Jews banished from England 415 (and n). 
 
 Justices of Jews ; in 1291 termination of their duties 418 
 
 JOAN OF ARC, Maid of Orleans; producing reverses 786 (and n). 
 
 JOAN OF NAVARRE, Duchess of Brittany, second wife of Hen. IV ; of her mar- 
 riage and coronation .• 754 (n), 
 
 JOANNA (or Hawisia, or Hadwisa), King John's first wife 235 
 
 JOHANNES Erigena, or John, the Irishman 65 
 
 JOHN. His proceedings in his brother Richard's reign ; Hubert Walter's victory 
 
 over him; and Richard's return to England in 1194 220, 221, 223, .224 
 
 Of outlawry against John ; Richard's reconciliation with him ; and Richard's 
 
 death in 1199 225, 226 (n), 233 
 
 In 1199, promises for and by John; and his coronation 234, 235 
 
 1201, divorced from Joanna and married to Isabella 235 
 
 Of building London bridge; countenancing murder of his nephew; and con- 
 fining his niece 234, 235, 236. 
 
 His mother's death; his dominions on the continent ; 236 
 
 In 9 John, his order as to persons charged with homicide 243 to 246- 
 
 Grounds of complaint against him accumulating. In 1214, during his absence, 
 
 resolution taken by Northern barons 247, 250 
 
 The crisis accelerated ; John's steps to divide his enemies unavailing. After a 
 truce expired, the army of the barons marched, and articles were presented to 
 
 him. When, where and how Magna Carta was executed. 250, 251, 252 
 
 Subsequent measures on each side. The pope claimed temporal power ; and 
 exerted power on John's side. To a French Prince the barons offered the 
 crown of England; an army was there from France in 1216. Octo. 19 John 
 
 died 261,263 
 
 Of his burial ; and his character ; the marriage of his widow ; her death and 
 burial 263 (andn)i 
 
Index.— (/o^w of Old Saxony?) 114S 
 
 JOHN OF OLD SAXONY. What monastery he Jeft for an establishment at 
 
 Ethelingey 64, 6$, 
 
 JOHN OF OXFORD, bishop of Norwich. See tit. Oxford. 
 
 JOHNSON (Dr.) Of his parallel between Dryden and Pope, what Mackintosh 
 
 observes 102 
 
 JOINT TENANTS. In 34 Edw. I "the statute of" ; in 31 Hen. VIII, ch. i, "an 
 act for joint-tenants and tenants in common" ; 32 Id., ch. 32 of "joint-tenants 
 
 for life or years" 433 (n), 1031 (andn), 1042 
 
 JOINTURE " made after marriage"; stat. 27 Hen. VIII, ch. 10, \ 7 1006 (n) 
 
 JORDAN. Caution in 9 John " to keep Jordan safe" 242 
 
 JOSCELINE, in reign of Hen. II, archdeacon of Chichester, and a justice; in 
 I Ric. I a justice; in 9 Hen. HI in sheriffalty of Somerset while bishop of 
 
 Bath , 305,- 306 (n) 
 
 JUDGE AND JUDGMENT. Who cannot sit as judge; who cannot reverse a 
 
 judgment; what judgment is void 321, 322 (n), 719 
 
 1347-8 objection to one sitting in appellate court on writ of error to his judg- 
 ment; when the chancellor may sit above 587 
 
 1402, Stat. 4, Hen. IV, ch. 23, that after judgment in King's Bench parties shall 
 
 be in peace until it be undone by attaint or by error 751, 752 
 
 1415-6, 3 Hen. V, on complaint of recovery 'by subtle means', prayer for 
 
 remedy granted ., 766 
 
 1425,3 Hen. VI, execution of a judgment stayed 779 
 
 In reign of Hen. VIII, notwithstanding judgment at law, Chancellor More 
 
 would interfere on equitable considerations 975 (andn). 
 
 See also tit. Judiciutn Parium; and tit. yurisdiction. 
 JUDICATURE. Participation therein by Alfred the Great; and others of the 
 earlier sovereigns. How they heard complaints of defect of justice. Cus- 
 tom of Will. land Will. II 62, 156 
 
 What was the judicial system from reign of Hen. I. For what towards the end 
 
 of it, a visitation of the curia regis wafe substituted I5& 
 
 Early in reign of Hen. II, provision for provincial as well as for central judica- 
 ture. In developing the judicial system, important step in 1178; in 1 179 the 
 kingdom re-arranged into four judicial divisions; names of judges, 
 
 188, 206 to 209 
 As to 'The Statute of York' in 1318 and subsequent measures "to improve the 
 
 judicial procedures," see tit. Procedure. 
 In I Hen. VII remonstrance against the King's consulting judges beforehand, 
 
 897. 898 
 See also tit. Jurisdiction. 
 
 JUDICIAL INIQUITIES, though /o>-otj of law be maintained 896 
 
 Of judicial murder 706 
 
 JUDICIUM PARIUM, the foundation of German law. Whence the formula in 
 John's Magna Carta. Also of the words in re-issue by Hen. HI, 
 
 ' 256 (and n), 296, 297 (and n) 
 
 JUDITH, daughter of Charles the Bald, married King Ethelwulf, and after his 
 
 death was for a time the consort of his son Ethelbald, but had to separate 
 
 from him; and upon her return to her father's court married Baldwin 56 
 
 Whom Baldwin's daughter married ; from her second husband Guelph, is de- 
 scended the present royal family of England 99 (and n) 
 
 JUKIL (John), in 1174 a justice errant 203 (n) 
 
 JUNE 15, 1215, day of Magna Carta 252 
 
 JURATA AD ARMA. For assembling them, writ of July 16, 1231 310 
 
 JURIES of Anglo-Saxons. How their purity, rights and independence were pro- 
 tected by Alfred the Great. Hov^ he punished judges for deciding criminal 
 
 cases in violation of their right 63 
 
 What is stated of juries, in 1164, in the constitutions of Clarendon; and in 1167, 
 
 in the assize of Clarendon 195, 198 (n) 
 
 In 1 188, local jurors employed to determine liability of individuals. Whether 
 the jurors of 1086, or those of 1 198, had greater freedom and responsibility, 
 
 212, 231 
 
1144 Index. — {/urisdictim.) 
 
 Who are to be put on juries and assizes under stat. Westm. 2, ch. lo, and ch. 
 30. Under the latter, what they shall not be compelled to say; what they 
 may say ; their right to find a general or a special verdict, 
 
 402 (and n), 406 (and n) 
 
 21 Edw. I, 'The statute of persons to be put on assizes and juries'; 28 Ia„ 
 ch. 9, as to who may be impannelled on inquests and juries. Generally as 
 to regulations for juries in the first Edward's time, 
 
 421, 422 (and n), 432 (n), 452 (and n) 
 
 4 Edw. Ill, ch. I, of assigning persons "to take assizes, juries," &c. ; 42 Id., 
 ch, II, of returning names of jurors; 35 Hen. VIII, ch. 6, as to "appearance 
 of jurors in the nisi prius" S42 (□), 620 (n), 1052 
 
 Besides what is mentioned under tit. Corruption, see in 1361, ch. 8, as to "pro- 
 ceedings against jurors taking reward to give their verdict,'' 604 (n); and in 
 3 Ric. II, petition stating that a party " sought to come to the trial of the 
 country which he had corrupted"; and seeking redress and trial by parlia- 
 ment 648 
 
 Besides what is mentioned under tit. Grand Jury, see stat. 11 Hen. IV, ch. 9 
 and 3 Hen. VIII, ch. 10, construed in Scarlet's case, 12 Rep. 98... 760 (and n) 
 924 (and n). And see tit. Representation. 
 JURISDICTION of courts, after statute of Gloucester (6 Edw. I) 394 (and n) 
 
 A court, in its determination, even though as to its privileges or customs, must 
 not transcend its jurisdiction 836 
 
 When as to lands of which a court has not jurisdiction, its judgment is void, 
 
 431 (n) 
 
 39 Edw. Ill, reversal by council of state held void 719 
 
 JURISPRUDENCE. What law is preserved by the conquered ; system in Canute's 
 time 54, 88 
 
 Of the compilation called ' Leges Henrici Primi''; of jurisprudence in Stephen's 
 time ; and what appears in 1 1 64 in the constitutions of Clarendon, 
 
 159, 160, 174, 19s 
 
 JURIS UTRUM. Writs of, under 14 Edw. Ill, stat. i, ch. 17 567 (n) 
 
 JUS CIVILE, mentioned by Cicero 15 
 
 JUS HONORARIUM, or lex prcetoria. See next title. 
 
 JUS PR^TORIUM. By whom constructed ; and what constituted part of it, 
 
 268 (and n) 
 JUSTICE defined. Of its administration in reign of Ric. I under Hubert IValter, 
 
 172, 227 
 
 By Magna Carta, not to be sold, denied or delayed 256, 298 (and n) 
 
 By stat. of Marlebridge, all to receive it; but none to take revenge or distress 
 
 of his own authority 364 (and n) 
 
 To be received in the King's court; openly and in no chambers or other private 
 
 places 364 (and n) 
 
 1330, 4 Edw. Ill, justice not to be deferred ; not for the Great Seal or other 
 commandment. In 17 Id. (1343) the chancellor, by the* King's command- 
 ment, required the Lords and Commons to provide against oppressions, " so 
 as justice might be executed to every subject." In 20 Id. (1346) was an 
 ordinance requiring justices and barons to administer justice without favour or 
 
 reward 542, 581, 585, 586 
 
 Yet there are again enactments on the subject in 2 Ric. II and 11 Id., 1378 and 
 
 1387-8 645, 680, 681 (and n) 
 
 In this 14th century the Commons attempted to keep under review the general 
 administration of justice and to meet abuses prevalent in its administration, 
 
 719, 720 
 JUSTICES in the Norman period ; in 1 164, and 116$; and from 1 1 70 to and after 
 
 1175. Names of justices in i Ric. I (iiSg) 179 (n), 197, 217 
 
 1 194, visitation by justices under an extensive commission ; empowered to hear 
 recognitions by great assize. In 1198 a new iter. Especially of the justices 
 in reigns of Ric. I and John ; of the provision in John's Magna Carta ; and 
 of the manner of proceeding by justices in eyre, 
 
 228, 229, 232, 242, 25s (and n), 271, 272 
 
Index. — {Justiciarius.) 1145 
 
 46 Hen. Ill, a salary of £^o to four justices. See tit., Chief Justices, and 358 
 
 Of the justices generally in 1278 ; their working while Edw. I was absent ffotn 
 1286 to 1289; and the removals from office after his return, 
 
 395, 410,411,412 (and n) 
 
 In 1291, 1292 and 1293 the justices and barons include those named in year- 
 books of 20 and 21, and 21 and 22 Edw. 1 418 
 
 21 Edw. I, 'Statute of the justices of assize'; 2 Edw. Ill, 'Statute of North- 
 ampton,' ch. 2, recognizing 27 Edw. I, ch. 3, that "justices of assize shall be 
 also justices of jail delivery" ; Id., ch. 7, of "justices assigned to enquire of 
 felonies, robberies, &c."; 4 Id., ch. 11, that "justices of assize and nisi prius 
 may enquire concerning maintainers, &c.," 
 
 421, 422 (and n), 533 (and n), 542 (n) 
 
 ■8 Edw. Ill, moved in parliament, " that in every county be appointed one jus- 
 tice of the peace learned in the law, who shall be chief"; 17 Id., "that ap- 
 proved yis^ces should be chosen"; 20 Id., ch. I, 2, prescribing what they 
 shall not take 562, 581, 585, 586 (and n) 
 
 30 Edw. Ill, ch. 6, that "justices of assize shall enquire of the misdemeanour 
 of offices." Oath of the justices; 28 Id., what is in "petitions of the com- 
 mons with their answers" 586 (n), 598 (n) 
 
 1361, ch. I, who shall be assigned for keeping the peace; 1379, petition for 
 justices learned in the law; also as to mode of appointment, their sessions 
 and fees ; enacted that no sheriif of a county shall be justice of (he peace 
 therein 604 (d), 646 
 
 1382, 6 Ric. II, Stat. I, "justicies of assize, &c., shall hold their sessions in 
 principal towns" ; 1384, 8 Ric. II, ch. 2, who shall not be justices of assize, 
 or of deliverance of jails ; whether the Chief Justice of Common Bench, and 
 of King's Bench, shall be among those assigned 662 (n), 668 (n) 
 
 Id., ch. 3, (reciting 20 Edw. Ill, ch. i, 2,) against a judge taking a gift but of 
 the king, and against his giving counsel where the king is party. Id., ch. 5, 
 is recited in 1387-8, II Ric. II, ch. 11, that "chancellor and justices may 
 settle the places for holding the assizes" ...668 (n), 681 (n) 
 
 In 1388 as to Stat. 12, Ric. II, ch. 2, see tit. Public Officers. Id., ch. 10, as to 
 " six justices of peace in each county ; quarterly sessions, &c. ; wages of jus- 
 tices and their clerk," &c. Id., recited in 13 Ric. II, stat. i, ch. 7, " who 
 shall be justices of the peace — their oath"; and confirmed in th. 8, with ex- 
 ceptions. In 1390, by Stat. 14 Ric. ll, ch. i, "eight justices of peace in each 
 county"; of "their estreats, wages, and seal for servants, " 
 
 683 (n), 688 (n), 690 (n) 
 
 1397, 20 Ric. II, "none shall sit upon the bench with justices of assize.."704(n) 
 
 1541-2, 33 Hen. VIII, ch. 24, "act that no man shall be justice of assize in his 
 
 own countiy " 1048 (n) 
 
 JUSTICIARIUS (or Justitiarius). The justiciar represented the King in the whole 
 kingdom ; and was the chief minister of the Norman kings 140, 178 
 
 Who held this office in 1087 and 1088. Whether in reign of Hen. I it was 
 held by Robert de Bloat, bishop of Lincoln. Who was the first consolidator 
 of the functions of the office 142, 143, 154, 178 
 
 Who was England's last great justiciar. See tit. Burgh. (Hubert de), and. ..449 
 
 In 1244, 1248 and 1249, demand that the common council of the realm shall 
 appoint a justiciar; in 1258 Hugh Bigod (or Bigot) appointed, 
 
 330.333.334,351 (andn) 
 
 In 1322 to whom the term 'justiciarius regis' was applied 514, 515 
 
 JUSTINIAN Of tribunals before him; and of his reign — 527 to'565 6, 37, 171 
 
 Of the Digests or Pandects, and the Institutes of Justinian ; the Codex Repetita 
 Prasleetionis 3.nd. the Novelia ; all that constitute the Corpus juris civilis....yi 
 
 Definition of justice in the Pandects 172 
 
 New laws introduced in the latter end of Justinian's reign. When his works 
 were first published 171 
 
 How long neglected. At Amalfi about 1 137, discovery of a copy of the Pan- 
 dects 171, 172, 173 
 
 Under what name the Institutes are cited by Slyvester Giraldus Cambrensis, 264 
 
1146 Index. — {Jusfiiiarius.') 
 
 Glanville's Preface adapted from the Institutes 21J 
 
 JUSTITIARIUS. See tit. Justiciarius. 
 
 JUSTITIARII. How the King's justices were called in ancient times; the justices- 
 of 1176 are the first to whom is given the name Justitiarii Itinerantes, 
 
 270 (n), 294 (n) 
 From 1 1 79, sessions oi jusiiiiarii in ianco held in curia regis nominally but 
 
 not actually 'coram rege..' 267 (and n). 
 
 See tit. Itinerant justices and tit. Justices. 
 JUTES..... 32.33.37,38 
 
 KAROLINGIAN chancellors; and other models 117,1:8,213 
 
 KATHARINE. From its Greek derivation Katharos 1051 
 
 , of Troyes, wedded Hen. V at Troyes, June 2, 1420, became in Dec, 1421, 
 
 mother of Henry of Windsor, and in 1428, married Sir Owen Tudor. Their 
 eldest son, who on his mother's side was half brother of Hen. VI, was created 
 Earl of Richmond, and was second Earl of Pembroke. She died in 1437, 
 
 Jan 3 771, 773 (and d), 791 (n), 864 (n). 
 
 , of Arragon, born in 1485, Dec. 15, was not quite 16, when in 1501, Nov. 
 
 14, she married Prince Arthur 880, 881 (n). 
 
 Ludlow castle became their residence; there he died in 1502, April 2; after- 
 wards she was settled at Croydon palace 881 
 
 Treaty for her marriage to Arthur's brother Henry; in June, 1 509, married to 
 him (than Hen. VIII) and crowned 881, 921, 922 (and n) 
 
 Stat. I Hen. VII, ch. iS, confirmed letters patent to her for her dower. ..923 (n). 
 
 1510, miscarried early in the spring; a prince born in ijio-li, Jan. 1; died 
 Feb. 22 925 
 
 Of her mental dignity. In 1513, regent during the King's absence in France; 
 and attentive to her duty. Sept. the King landed at Dover, and rode post 
 incognita \.o hex z.\. Richmond 925,926, 1037 (n). 
 
 15 14, Octo., she accompanied the King's sister Mary to Dover on her way to 
 marry Louis XII. Queen Katharine was, in November, again a mother, but 
 the Prince soon died 926 
 
 1 5 18, a third son born; but died immediately 928 
 
 1524, publication of a bull against marriage within the prohibited degrees. 
 Whether the King from about this lime abstained from the Queen. Her 
 health and spirits bad from 1523 to 1526 940 (n). 
 
 As to the King's doubts of the legitimacy of his marriage. Said by or for him 
 that he was only for searching and trying the truth. From whom the Queen 
 sought counsel in 1527 940, 944 (and n), 
 
 What was reported about divorce from her and arranging lor marriage to a 
 lady in France 944^ 
 
 1528, June, commission from the Pope to Cardinals Wolsey and Campegio to 
 judge the marriage. Their proceedings in London until July 23, 1529, when 
 there was dissolution of their court and adjournment to Rome. ..950, 955, 960- 
 
 There the cause suspended till Christmas 961, 962 
 
 What proceedings were had in 1530 and 1531. July 14(1531) interview of the 
 lords with her. The King saw her no more 978, 979, 980 (and n). 
 
 Appeal to Rome taken away by stat. 24 Hen. VIII, ch. 12. 1533 May 20, Arch- 
 bishop Cranmer's sentence against the marriage between Henry and Katha- 
 ■_rine ; and separating and divorcing them. She was not to be called Queen 
 but "Princess Dowager to Prince Arthur." Besides stat. 25 Hen. VIII, ch. i 
 there was ch. 28 " act for the Lady Dowager." 989, 990, 993 (and n)- 
 
 How she received the state commissioners at Ampthill. Where she resided 
 afterwards 990, 991 (and n) 
 
 1535-6, her death-bed letter to the King; in Jan. her death; to what it was 
 
 attributed; where she was interred 1002, 1003, 1009, loio. 
 
 KATHARINE HOWARD, before and after her marriage to the King Aug. 8,. 
 1540. More consideration for her by the King and by Lord Chancellor Aud- 
 ley than by the Privy Council. By their advice and the action of parliament 
 in 33 Hen. 8 (1541-2) she was deprived of life without due process of law, 
 
 1038, 1044 to 1048b 
 
Index. — (^Katharine Parr.) 114T 
 
 KATHARINE PARR, before July 12, 1543. Then she became sixth queen of 
 Hen. VIII and step-mother of his children by his first, second and thiid 
 queen. In 1544 she and they resided together, when during the King's ab- 
 sence she was Queen Regent 1051, 1052 
 
 1546 interview with the King wherein she got the better of Chancellor Wrio- 
 
 thesley 1058 to 1060 
 
 In the King's will, high testimony to her. Of her during her widowhood and 
 her marriage with Sir Thomas Seymour; her death on the seventh day after 
 
 their daughter Mary's birth 1065 (and n) 
 
 KAUNE (orCalne), Richard de, a justice in 9 Hen. Ill 302 (n^. 
 
 KEEPER OF THE ROLLS. See tit. Master of the Rolls. 
 
 KELDESBYE (or Kildesby), Sir William de, keeper of the Privy Seal, in 15 and 
 
 17 Edw. Ill 579 (n), 581,582 
 
 KELLESEY (Richard de), abbot of Selby, in 9 Hen. Ill a justice 302 
 
 KELLESHULL (Richard de), under Edw. II and III. Appointed to the Common 
 Pleas 1341 May 30; in the office in 1354; alive three years afterwards, 
 
 576 (and n)-- 
 KEMPE Qohn), before 1425-6, March 16 ; then raised to the chancellorship; 1426, 
 
 April 8, elected archbishop of York 781, 782 (and n) 
 
 1426-7, Jan., in council, a defender of constitutional right; opened parliament 
 
 in Oct., 1426-7, and Sept. 1429 783, 784, 785 
 
 1430, in the King's absence; 1430-31, Jan., from sickness unable to open 
 
 parliament 786, 787 
 
 1431-32 in the council, contests disagreeable to — some removals disapproved 
 by— him. Feb. 25, resigned the Great Seal. Yet he continued to attend the 
 
 council 788 (and n), 798 
 
 1439, an ambassador to France; Dec. made cardinal priest 798 
 
 1450, Jan. 22, appointed chancellor at a period of great trouble ; Nov. 6 opened 
 parliament 798, 800, 801 
 
 1452, transferred from archbishopric of York to that of Canterbury. Ad- 
 ditional rank granted him by the Pope 802 (and n) 
 
 1453, made prorogations of parliament. His character 803 (and n), 804 
 
 1453-4, March, his death; proceedings thereupon 804, 805 (and n), 806 
 
 KENDAL (Hugh de), in 1284, one of three clerks in chancery entrusted temporarily 
 
 with Great Seal 401 
 
 KENILWORTH. Who built the castle; its garrison in 1265 156, 363 
 
 ' Dictum of Kenilworth ' ; proclaimed in the castle Nov. 1266 363 
 
 1485. Ric. Ill went there in June 86r 
 
 1493, July 20, letter thence from Hen. VII 873 
 
 KENNETH, King of Scotland, visited Edgar in London ! 8o. 
 
 KENT. Of it until end of Ethelbert's reign ; of its conquest by Ina, and revolt in 
 
 Offa's time 33, 38, 40, 41, 42, 47, 51 
 
 , Earl of in 132^-30; arrested, tried and beheaded 539 
 
 , Earl of in ijgy, against Gloucester and Warwick 704 (and n) 
 
 In 1398, as to earl created Duke of Surrey, see tit. Holland axiA 707 
 
 KENULF (or Kenwulf or Cenw'ulf), King of Mercia 51 (n), 52 
 
 KERDESTUN (William de), in 1305, a justice of trailbaston 445 (n) 
 
 KIDWELLY (Morgan), Attorney General in 1485 862 (and n). 
 
 KILDESBY (or Keldesbye). See tit. Keldesbye. 
 
 KILKENNY (William de) before 1249; ^^"^ *s Great Seal committed to him with 
 
 another. Afterwards in his sole possession >....343 (and n) 
 
 In 1253, ill from May to July 2; then he signed a patent conferring powers on 
 
 Queen Eleanor and others 343, 344 
 
 Then Seal delivered to him, to be kept in place of Great Seal, which was to be 
 
 locked up till the king's return 344 
 
 In 1254 elected bishop of Ely; in 1254-5, upon the king's return, Kilkenny 
 delivered up the Great Seal and received a quittance from reckonings 'de 
 
 tempore quo fuii custos sigilli nostri in Anglia' 344, 
 
 Different parties praise the bishop. When he died; where buried.. .346 (and n) 
 KILWARDBY (Archbishop), in 1278, returned to Rome. His opinions, 397, 398, 481?. 
 
1148 Index. — {Kimboltpn.) 
 
 KIMBOLTON, place of residence of Katharine of Arragon in 1535, and of her 
 
 death in Jan. 1535-6 99' (°)> '°°3 
 
 KING (The). His advisers; a distinct and organized body. Stat. 28 Edw. I, ch. 
 6, as to his three seals; 25 Edw. Ill, stat. 5, ch. 21, of ' abuses by the king's 
 butlers' ; 42 Id., 'of levying the king's debts', 
 
 307 (n), 430 (and n), 594 (n), 619 (n) 
 
 I Hen. VIII, ch. 10, of " lands seized into the king's hands" 923 
 
 28 Id., ch. \f, of acts vifhich may be frustrated on his coming to age of 24, 1026 
 KINGETON (John). In the chancery a clerk de prima forma in 2 Hen. IV, 913 (n) 
 KING'S BENCH. To what in 1178 is traced its probable origin as a distinct tri- 
 bunal. At beginning of reign of Hen. Ill how the three courts are dis- 
 tinguished 207 (and n), 450 
 
 In 1258 assignment of three ' ad tenendum bancum regis" at Westminster.. .354 
 
 From beginning of reign of Edw. I a series of Chief Justices. In 1300, stat. 28 
 
 Edw. I, ch. 5, that justices of his bench shall follow the king, 430 (and n),4SO 
 
 1376, 50 Edw. Ill, how errors of this bench may be corrected 628 
 
 XINGSTON, Henry de, a justice in 9 Ric. 1 228 
 
 , Sir William, constable of the Tower. Where he was with ex-chancellor 
 
 Wolsey in Nov. 1530 ; and what Wolsey said to him of the King... 965, 966 
 
 1536, May 19. What Sir William wrote of Queen Anne Boleyn 1020, 1021 
 
 KIRKETON or Meres (Roger de). See tit. Meres. 
 
 KNYVET (John), before 1361, Sept. 30; then made a judge of the Common Pleas; 
 
 afterwards knighted 611 (and n) 
 
 1365, Octo. 29, promoted to chief justiceship of King's Bench 611 (n), 616 
 
 1372, elevated to chancellorship. While in it, what part he took in matters be- 
 fore the common pleas ; what parliaments were opened by him, 
 
 616 (n), 625 (and n), 626 (and n) 
 A chancellor of whom no complaint; named in will of Edw. Ill as executor; 
 
 yet in 50 Edw. Ill substituted as chancellor by an ecclesiastic 625 (and n) 
 
 '377) Jnly 17, one of the standing counsel of Ric. II; may have attended par- 
 liament in 3 Ric. II; died in 4 Id 625 (n), 638 (n), 648 (n) 
 
 KOSCIUSKO. How placed by Mackintosh 444(n) 
 
 KUNILL (William de), in reign of Ric. I a justice 227 (nl 
 
 KYME (Simon), a justice in reigns of Ric. I and John 222 (n), 245 (n) 
 
 KYNWELMERSH (William). By whom succeeded in Dec, 1422, as dean of St. 
 Martin's, and treasurer of England 781 (n) 
 
 LABERIUS, in Cicero's time 13, 14 
 
 LABOURERS. As to them, statute of 23 Edw. Ill; 25 Id., stat. 2; 31 Edw.' Ill, 
 stat. I, ch. 6; Id., ch. 7; 1361 ch. 9, 10, II ; 1362 and 1363 ; 1368 stat. 42 
 Edw. Ill, ch. 6; 1378 stat. 2 Ric. II, ch. 8; 12 Id., ch. 3; 13 Id., stat. I, 
 
 ch. 8 589 (n), 593 (n), 603 (n), 604 (n), 
 
 606 (d), 608, 645 (n), 682, 683 (and n), 688 (n) 
 LACU (Peter de Malo). See tit. Malo Lacu. 
 
 LACY, Roger de, in John's reign 245 (n) 
 
 , John de, earl of Lincoln, in reign of Hen. Ill 304 
 
 LA-MARCHE (Hugh of), step-father of Hen. Ill 328 
 
 LAMBERDE (or Lambert), William; born in 1536; of his ' Archainomia,' 
 
 731, 735 (and n), 910 
 — — — , Another (Lambert), Nov. 20, 1537, burned to death for disbelieving more 
 
 articles of Catholic faith than Hen. VIII did I028(and n) 
 
 LAMVALLEI (WiUiam de), in reign of Hen. II a justice 202 (n) 
 
 LANCASTER, William de, in reign of Hen. Ill a justice and sheriff. 304 (n) 
 
 , Earl Thomas of, in reign of Edw. II. Of him until 1321-2, March 16, 
 
 the battle of Borough bridge 500, 502, 508, 509 (and n), 512, 514, 515 
 
 Then captured. When and where he was tried, condemned and beheaded. 
 
 His character 515 (and n) 
 
 In I Edw. Ill reversal of judgments against him and his adherents 527 (n) 
 
 Of the Earl in reign of Edw. III. In 4 Edw. Ill act making release to Sir 
 Eubal le Strange and his wife, late the wife of the late earl of Lancaster, 
 
 539, 542 (n) 
 
Index. — {Lands and Tenements^ 1149' 
 
 As to the son of Edw. Ill, created Duke of Lancaster, see tit. Gaunt (John of). 
 LANDS AND TENEMENTS. 1535-6, 27 Hen. VIII, ch. 16, "act concerning 
 enrollbaents of bargains and contracts" thereof; /fl?., ch. lo, "act concerning, 
 uses and wills " ; 32 Id., ch. i ; "an act how land may be willed," 
 
 1004 to 1007, 1041 
 LANFRANC. From his birth, in 1005, until 1070, when he was consecrated arch- 
 bishop of Canterbury 135, 136 
 
 The archbishop was an able and influential adviser of Will. I ; and pleaded a 
 cause against the King's brother, Odo, earl of Kent 137 
 
 When he held in part the office of Chief Justiciary 144 
 
 What Will. I confided to him as the head of the Witena-gemot; on what under- 
 standing Will. II was crowned ; 142 
 
 The archbishop was the king's first constitutional advisor; and his best coun- 
 sellor 142, 143, 
 
 Whose action formed the strongest link between the witenagemot of the Con- 
 fessor and the court and council of the Conqueror and his sons 266- 
 
 Of Lanfranc's death and burial I44. 
 
 LANGHAM (Simon de). Till 1360, Nov. 21 ; then became treasurer. Though 
 appointed bishop of Ely, Jan 10, 1362, yet he continued treasurer till Feb., 
 1363, when he became chancellor 601 (and n) 
 
 Being bishop and chancellor, he declared causes of parliaments of 37 Edw. HI,. 
 38 Id., and 40 Id. He was translated from Ely to Canterbury in July, 1366; 
 and in that or the next year resigned the Great Seal, 
 
 6oi (and n), 607, 608, 609, 610 (and n), 621 (n) 
 
 What happened before he resigned the archbishopric and retired to Avignon. 
 
 Of his death and burial; and his character 601, 602 (n), 617 (n)i 
 
 LANGLEY (or Longley), Simon, before March, 1405 ; then received the Great 
 Seal; 1406 (7 Hen. IV), March I, opened parliament; after parliamentary 
 action of that year, resigned chancellorship 756, 757 (and n). 
 
 His ecclesiastical offices ; his employment in state affairs. Under Hen. V, 
 bishop of Durham and ambassador to France 758 (and n), 769 (and n). 
 
 1417, July 23, again raised to chancellorship; opened parliament in 1419 and 
 1421, and retained chancellorship till end of the reign 769, 770, 772 
 
 1422, I Hen. VI, reappointed, 2 Id., opened parliament ; 1424, July 6, retired 
 from the chancellorship. How occupied till his death, Nov. 30, 1437, 
 
 775 (n). 776, 778 (and n) 
 
 LANGTON, Stephen, an Englishman of merit, proposed to King for, and by him in 
 
 1213 accepted as, archbishop of Canterbury. How employed in that year 
 
 and in 1215 237, 238, 247, 248, 249, 253 (n), 
 
 In the fall of 1215, his departure for Rome; in May, 1218, his return to Eng- 
 land; in 1223, his mediation 262 (and n), 280 (and n), 289 
 
 How far he helped to give form and consistency to the constitutional growth ; 
 and staved off difficulties with the papacy. Generally of him in the great 
 struggle of the century 266, 308, 479 to 481, 692 
 
 His death in 1228 308 
 
 , John de. A clerk in the chancery before 14 Edw. I (1286). In a patent 
 
 of that date, called custos rotulorum cancellaricB domin. regis 409 
 
 1292, Dec. 17, appointed chancellor; his course prudent and sagacious. 
 Whether any other was Master of the Rolls before Octo. 1, 1295 417, 436 
 
 1297, archdeacon of Canterbury; 1302, resigned chancellorship; 1305 (33 
 Edw. IJ, became bishop of Chichester ...4I7> 437> 439 
 
 1307, Aug., Edw. II appointed him chancellor. Of the Seal given, 1308, Jan., 
 for his use in England during the King's absence 484, 485 (and n), 
 
 1310, supported the ordainers in their contest with the King; and resigned, 
 chancellorship (May ll) 491,492, 493 
 
 He remained bishop of Chichester till his death, in the summer of 1337. His 
 
 character high 493 (°) 
 
 Walter de, before 1295 Sept. 28; then raised to treasurership ; which he re- 
 tained after 1295-6 Feb. when he was elected bishop of Coventry and Lich- 
 field 417 (andn). 
 
1150 Index. — {^Language in England^) 
 
 Of his integrity and boldness ; charges against him; and petition for his re- 
 moval. Whether removed from office till end of the reign. Whether states- 
 manship of its latter years is coloured by his policy. How he earned the 
 
 nation's gratitude 417, 433, 44°. 47S (and 11), 481 
 
 Of his removal from the treasurership in Aug. 1307 ; and Ld. Coke's view of 
 
 him; Mr. Foss's different 484,492,493 (and n) 
 
 13 1 2 March 14. The King, to whom he adhered, made him treasurer; he re- 
 tired from this office in 1314; and was removed from the council in 131s- 
 How employed afterwards till his death Nov, 16, 1321 ; where buried, 
 
 501 (and n) 507, 508 
 
 LANGUAGE IN ENGLAND. Of it before, and in, reign of Edw. II, see tit. 
 
 Latin, tit. Anglo-Saxon and tit. English. 
 
 Early in reign of Edw. Ill, complaint that children learned first French and 
 
 then Latin; and that there was no regular instruction in English. ..716 (andn) 
 
 In 14th century, increased use of English ; discussions in it before the people, 
 
 716, 717 (and n) 
 LATIMER William, in 1289, upon commission under Chancellor Burnell, 
 
 411 (and n) 
 
 William Lord (Latimer). Proceedings against him in 50 Edw. Ill (1376) ; 
 
 1377 July 17 Lord L. one of the standing council of Ric. 11. ..628 (n) 638 (n) 
 
 jfohn Neville, Lord L., in 1533, second husband of Katharine Parr 1051 
 
 LATIN. Whether more English words are derived from Saxon than from Latin..l02 
 
 1362, 36 Edw. Ill, Stat. I, ch. 15 that pleas shall be entered and enrolled in 
 
 Latin 606, 607 (and n) 
 
 LAUNFARE (John de), in 1258 a baron of the Exchequer 342 (n) 
 
 LAW. Whence its rules may be drawn. Before it all to be equal. How bad laws 
 
 prevent attachment to government 2, 3 
 
 Ethelbert's Code, Sigbercht's book and the canons enacted by synods which The- 
 odore convened, were followed by enactments of Ina's parliament and his col- 
 lection of laws 40,41 (and n) 43, 44, 48, 49 
 
 The codes which bear the names of Offa and Alfred; the laws of Edgar, Canute, 
 and Edward the Confessor; and of the Norman period, 
 
 51 ; 61,77,88,96, 128, 150, 166, 168 et seq 
 After which was legislative work during the reigns of Henry II and his sons, 
 
 273. 274 
 Now are fixed rules as to what is not to be done unless by the law — by due 
 
 process of law 256, 296 to 298 (andn), 598 (n), 617 (n) 
 
 So-called judges are disapproved when they act without 'due process of the 
 
 law' 653 (n) 
 
 And there is commendation of judges who did constantly maintain the laws, 
 
 320, 321 
 Laws are not to be altered without new statutes ; but to be kept as they had 
 
 been 588,606 
 
 Hen. VII — with the epithet of a second Solomon — aimed to make " the lam 
 the universal, impartial, silently ruling, but irresistible sovereign of all 
 
 classes" 885 
 
 LAW BOOKS connected with 12th and 13th centuries 212, 213,458 to 463 
 
 With 14th and 15th centuries 466, 891, 892, 898 et seq 
 
 LAWYERS. Of "attorneys and apprentices;" and "degrees of practising 
 
 lawyers" 458 (n) 
 
 Whether in 13th century lawyers and merchants were likely to form an estate of 
 
 the realm.... 457, 458 
 
 Censure of lawyers becoming members of parliament from unworthy motives, 
 
 626 (and n) 
 1393-4, provision in 17 Ric. II, ch. 10, for "two lawyers'' to "be commis- 
 sioners of jail delivery" 696 (n) 
 
 LAYMEN. In 1371, 45 Edw. Ill, petition that laymen only may be principal offi- 
 cers of the courts 622,623 
 
 LEAP YEAR. For a day in it, provision of the King dated May 9, in 40 Hen. Ill, 
 
 347 (n) 
 
Index. — (^Learning and Literature^ 1151 
 
 XEARNING AND LITERATURE, before and in isth century 898 et seq 
 
 LEASES. In 1540, 32 Hen. VIII, ch. 28, "act that lessees may enjoy their 
 fermes ; 1541-2, 33 Id., ch. 27, " act for leases of hospitals, colleges and other 
 corporations to be good and effectual with the consent of the more partie," 
 
 1042, 1048 (a) 
 LE BRETON. See tit. Brito. 
 
 JLEDENHAM (Eustace de), in 8 Ric. I, a justice ; 227 (n) 
 
 LEE, Sir John de, his case in 1368, 42 Edw. Ill 618 (n) 
 
 , £dward, before 1531, King Henry's chaplain, almoner and ambassador; 
 
 afterwards archbishop of York 937 (n), 978, 995 (n) 
 
 LEEDS CASTLE. What occurred there in 1321 ; and in 1399 514 (n), 747 
 
 LEEK. Of what treaty or arrangement, it was the place in 1318 5'2 
 
 LEET, or view of Frankpledge 299 (n), 365, 366 (and n) 
 
 LEFRIC, Edward the Confessoi;'? chancellor ..96 
 
 LEGISLATOR and administrator — Henry II. Some parts of his policy resemble 
 legislation of Frank emperors. Much that is distinctive of his genius is 
 
 formed upon Karolingian models 213 
 
 Edward I 3. lawgiver and also an administrator 383, 447 
 
 Each of these two great kings very different from Hen. VIII 1065 to 1067 
 
 LEGUM INSTITUTA, by Sigbercht ; 43 
 
 LEICESTER. Leofric, earl of, under Edward the Confessor 94 (and n) 
 
 , Robert, earl of, died in 1168 164, 165, 200 
 
 , Simon de Montfort, earl of, in 1258, on commission of 24; in 1265, slain at 
 
 Eversham. See tit. Montfort, s.n.i. 350, 362 
 
 , Roger de,vn. Common Pleas from 1276 to 1289. Of his removal; and 
 
 release from imprisonment 390, 412 (n) 
 
 , Peter de, before 1291; then appointed a baron of the Exchequer; died in 
 
 1303 418,440 
 
 , yohn de, in 1376-7, pardon for him contemplated 635 
 
 , Sir Richard, in 1535, one of the commissioners to try Sir Thomas More, 
 
 997 (n) 
 
 , Castle. Parliament there in 1425-6 ; Great council called to meet there 
 
 in 1455-6 780, 808 
 
 , Abbey. Thither ex-chancellor Wolsey rode in Nov., 1530; there he spoke 
 to Sir William Kingston of the King ; and there he died and was buried, 965, 966 
 
 . From Richard — and from John — abbot of, are letters 1035 (n) 
 
 LE-MOYNE (John), in 26 Hen. Ill, fined for marrying without the King's 
 
 license 348 (n) 
 
 In 1265, justice of the Jews; on the bench from about Octo., 1266, to Aug., 
 
 1267 369 (n) 
 
 Escheator south of Trent, from Dec. 25, 1268, till Aug. I, 1270; died about 
 
 1274 369(11) 
 
 LENOX. In 1545, negotiation for marriage of Matthew Stuart earl of, to Princess 
 
 Margaret, daughter of sister of Hen. VIII 1057 
 
 LEO X, in 1521, Octo., conferred on Hen. VIII title of defender of the faith, and 
 
 about Dec. died 929 
 
 LEOFWIN. Of King Harold's brothers, see tit. Girth and Leofwin and 100 
 
 LEONARD, in 1174 a justice errant 203 (n) 
 
 LETTERS PATENT. As to the King's granting thereby, or by will, stat. 28 Hen 
 
 VIII, ch. 7, I 17 „ 1025 
 
 See tit. Scirefacias as to repealing. 
 
 LETTING TO FARM. How far prohibited by stat. 28 Edw. I, ch. 14 432 
 
 LEUKNORE (Geoffrey de), in 4 and 6 Edw. 1 390 
 
 LEVINTON (Richard de), a justice in 9 and 18 Hen. Ill 302(0) 
 
 LEWES. Prisoners taken in 1264, at battle of 359 
 
 Treaty of peace known as the 'Mise of Lewes' 364 
 
 LEWIS (or Louis) of France. See tit. Louis. 
 
 LEXINTON, Robert de, in reigns of John and Hen. Ill; in and after 1228 at the 
 
 head of his associates; in 1234 oldest judge, and perhaps chief of the court; 
 
 received proofs of royal confidence and favour ; and Lord Coke's commenda- 
 
1152 Index. — {Lex Pretoria.) 
 
 tion. When he probably retired; when he died, leaving as his heir his. 
 
 brother John 289 (n), 317, 318(0), 321, 327(andn) 
 
 1 , John, besides being in other office was on the bench from 1248 till, 
 
 1256. When he died 324 (and n), 332 (and n), 343 (and n) 
 
 LEX PR/ETORIA. See tit. Jus Prcetorium. 
 
 LEX PROVINCI^. How established; after whom named; and what authority 
 
 was in the governor 3(andn), 4, J 
 
 LEX SALICA. See tit. Sala and loi 
 
 LEYBUKNE (William) in 1294 449 (n) 
 
 LEYE (Roger de la), in 1251 remembrancer of the Exchequer; a baron in Nov. 
 1263; and directed to execute offices of treasurer and chancellor of the ex- 
 chequer. What were his subsequent offices in this reign, and in that of 
 
 Edw 1 359 (and n), 368, 381 
 
 In 1376, spoken of as nuper cancellarius. When archdeacon of Essex; 
 Octo. 25, 1283, became dean of London; died Aug. 18, 1285, 
 
 391, 392 (and n) 
 
 LEYLAND (John), the Antiquary 1036 (n) 
 
 LIBER HOMO extends to both sexes 296 (□>■ 
 
 LIBERTY, ancient ; in what its maintenance was inherent 112 
 
 future ; in what remained its seat 112 
 
 By what a down-trodden people were schooled to act together 112 
 
 Meaning of word liberties in Magna Carta 296, 297 (and n) 
 
 1535-6, Stat. 27 Hen. VIII, ch. 24, of liberties and franchises 1007 
 
 LICHFIELD, Bishop of ; against him petition in 1450-51 8oi 
 
 LICINIUS PRISCUS, proprietor of Britain 20 
 
 LIES. See tit. Slanderoits lies, 
 
 LIMESEY (Amabilis de) . What she paid not to be compelled to marry a third 
 
 husband 242 (d) 
 
 LIMITATION "by prescription" under stat. 32 Hen. VIII, ch. 2 1041 
 
 LIMITED MONARCHY. How the idea of it may have been created by events in 
 
 minority of Hen. Ill 307 
 
 LIMOGES. Franciscus Accursius in May 1274 attending there on Edw. 1 382 
 
 LINACRE (or Linacer) intimate with Erasmus 878 
 
 LINCOLN, Alured de, in reign of Hen. II sheriff and justice 204 (n)^ 
 
 His son Alured de in 9 Hen. Ill a justice 302 (n) 
 
 Earl of in 128c). Upon commission under Chancellor Burnell; 1310, Sept. i, 
 left as regent (when Edw. II marched against the Scots) ; Feb. 1 1 died, 
 
 41 1 (and n), 492 (and n) 
 
 Earl of in 14S4; slain on Stokefield in 1487 860,876 
 
 LINCOLNSHIRE, surrendered by Wulfhere in or soon after 670 46 
 
 When the Lincoln registers begin., s 275 
 
 Parliament at Lincoln in 1316 (9 Edw. II) 508 (and n). 
 
 1389-90, 13 Ric. II, Stat. I, ch. 18, as to "proceedings against the mayor and 
 bailiffs of Lincoln upon the petition of the bishop, &c., thereof"; "incon- 
 veniences of partial trials of suits in Lincoln by people of the city", &c,, 
 
 688 (n), 
 Bishop (of Lincoln) in 1452-3 at Reding opened parliament ; in 1463-4 at York 
 held and adjourned it ; in 1467 at Westminster opened parliament, 
 
 802 (n), 821 (n) 824, 825 
 In 1535, letter from John, bishop of Lincoln; in 1541 the King's confessor, 
 
 995 ("). '044 
 
 LINCOLN'S INN, in 14th century 721 
 
 LINDISFARNE, in Northumberland ."..'.'."."..50 
 
 LINWOOD (or Lyndewood), doctor of the law ; writer on English provincial 
 
 constitutions 787^ 904^ gos 
 
 Opened parliament in 9 Hen. VI (1430-31) 786, 787 (and n) 
 
 His view of the law as to probate of wills 905, go6 
 
 LIONEL, son of Edw. Ill, in 1345 and 1346 custos of the kingdom; in 1362' cre- 
 ated Duke of Clarence 605 (n) 
 
 His marriages ; and his daughter's marriage 605 (nV, 
 
Index. — {^Lion's Inn?) 115S 
 
 LION'S INN, in 15th century' 893 
 
 LITERATURE, growing up since Alfred's time; before and in 15th century, 
 
 67, 898 et seq. 
 LITTLEBERE (Martin de), in 1247 in Kent, assize before him , from 1261 to Nov. 
 
 1272 a justice; i Edw. I, appointed to King's Bench 356, 380 
 
 LITTLE rON, Thomas, author of ' I^ittleton's Tenures'^a worlc of high authority 
 
 and great fame 900, 901 
 
 LIVERIES. Touching same, stat. I Ric. II, ch. 7 and 16 Id. ch. 4; confirmed by 
 
 Stat. 20 Ric. II, ch. i and ch. 2 693 (n), 704 (n} 
 
 LLEWELLYN (or Lluellyn), Prince of Wales, before and in 1278; and his chil- 
 dren 393,400 (n) 
 
 LOCAL INSTITUTIONS of Anglo-Saxons; restored by Hen, I, and worked in 
 
 Norman period 158, 159 (and n) 273 (and n). 
 
 LODELOW'E (Thomas de). before Octo. 29, 1365; then made chief baron of the 
 Exchequer. What he showed to parliament in 1366, 40 Edw. Ill upon writ 
 of cetate probanda. A trier of petitions in parliament till 47 Id.; then he pro- 
 bably died 610, 613 (and n), 614 (and n} 
 
 LOKTON (John de) before Aug. 1387; then signed document prepared by Tresilian 
 C. J. ; soon afterwards succeeded David Hannemere on the King's Bench, 
 
 675, 676 
 1387-8, judgment against him and sent to Ireland ; his situation there, 
 
 677, 679 (and n) 
 LOMBARDS. As to companies thereof in 135 1-2, 25 Edw. I, stat. 5, ch, 23....594 (n). 
 
 LONDON, the city's long continuous existence 105 
 
 Bridge. King John's interest in building it 235 
 
 William de, in reign of Hen. Ill 305 (n^ 
 
 Bishop of, in 1258 349, 350 
 
 Aldermen of, in 1393-4, stat. 17 Ric. II, ch. II, against their removal without 
 
 due cause; ch. 12, for electing two for ward of Farringdon 696(0} 
 
 LONGCHAMP (William de). How employed before he became chancellor of 
 Ric. I, and obtained other favours. How he filled the chie/ justiciaryship as 
 well as the chancellorship; and kept his co-justiciar (the bishop of Durham) 
 
 in retirement 216 (and n), 219, 220 
 
 His conduct to Geoffrey Plantagenet disapproved. By whom Longcharap was 
 
 succeeded as justiciar 220, 221 
 
 But having discovered Ric. I, and assisted in restoring him to liberty. Long- 
 champ was himself restored to the chancellorship. As chancellor he signed 
 
 a treaty in 1195 224 (n), 226 
 
 Of his other officers, his great capacity fof business ; his death and burial, 
 
 226, 227 (and n), 275 
 
 LONGSPEE (Stephen), received In 1253 custody of a very old castle 338 (and n) 
 
 LORDS. House of. See tit. House of Lords. 
 
 Prayer. Nearly all its words are Saxon 102 
 
 LOTHARIUS, the emperor. His lectures 172 
 
 LOTHIAN transferred to Scotland on condition of retaining language, laws and 
 
 customs 80 
 
 LOUDHAM (William de), a justice in 15 Hen. Ill 308 (n) 
 
 LOUIS (or Lewis), of France. Zc Zl^ioBajV^/ in 854, succeeded Charlemagne. ..53 
 , Son of Philip, and husband of Blanche. Offer to him of English crown. 
 
 Brought in; and afterwards treaty with him 277 (n), 278 
 
 IX (or S. Lewis), in 13th century, legislating for France; contrasted with 
 
 Edw. I 385,478(0) 
 
 As to reference of Oxford provisions, see tit. Oxford. 
 LOUTH (William de), in 1289, upon commission under Chancellor Burnell, 
 
 41 1 (and d) 
 
 LOUTHER, Hugk de, itl 35 Edw. I, a justice, of trailbaston 445 (and n) 
 
 . , Thomas de, appointed, 1330, Dec. 15, a judge of King's Bench; next year 
 
 chief justice in Ireland 536 (n) 
 
 LOVEDAY (Roger), a justice or commissioner from 4 to 14 Edw. i ; died in 15 Jd. 
 
 390 (and n) 
 
 73 
 
1154 Index.— (Love/l.) 
 
 LOVELL (or Lovel), PAiUp, under Hen. Ill, treasurer until remowd by the barons 
 in 1258 or 1259 351, 352 
 
 , yoAn, in 20 Edw. I (1292), a justice itinerant; in and after 23 /a?, a judge 
 
 of the King's Bench, and in other offices 421 (and n),424, 441 
 
 , Zord (Love\), in 1387 and 1431 687,788 
 
 , Thomas, in 1 508, treasurer of the household 922 (n) 
 
 LOVETOT [yohn de), in Common Pleas from 1275 to 1289. Then removed, im- 
 prisoned, and released; died in 1294 390 (and n), 412 (n) 
 
 LOWE, HANOVER. Early dwellers there 32 
 
 LUCI, Richard de, in reign of Hen. II, chief justiciary, besides acting as itinerant 
 
 judge in certain shires in 1168 187, 188 (and n), 195, 198 (n), 199 (n) 
 
 Of his resignation, place of seclusion, death (July 14, 1179,) and burial, 
 
 208, 209 (n) 
 
 , Reginald de, a justice in and after 1 173 ; died soon after coronation of Ric. I, 
 
 202 (n) 
 
 , Robert de, in 1 174, one of two to set assize or tallage 204 (n) 
 
 , Godfrey de. His judicial position in reigns of Hen. II and Ric. I, 
 
 208 (n), 227 (n) 
 
 , Geoffrey de. With whom, in 17 John, he was the King's lieutenant in 
 
 Yorkshire 242 (n) 
 
 , Ada, widow of Richard de (Luci), of Egremont, whom she married in 
 
 John's reign., 240 (n) 
 
 iLUCULLUS, son of Agricola 19 
 
 LUCY. See tit. Luci. 
 
 LUDLOW. See tit. Lodelowe. 
 
 LUKE (Sir Walter), in 153S, one of the commissioners to try Sir Thomas More, 
 
 997 (n) 
 
 LUKENORE (Geoffrey de), in reign of Hen. Ill, a justice 339 (and n) 
 
 LUNACY. 1541-2, Stat. 33 Hen. VIII, ch, 20, of process "in High Treason in 
 cases of lunacy or madness" >. I047 
 
 LUSIGNAN (William de), half brother of Hen. Ill ; in 1258 earl of Warwick. 
 When the Lusignans left England 349, 351 (n) 
 
 LUVEL (Philip), in 37 Hen. Ill 332 (n) 
 
 LYDIARD (Ralph de), in 9 Hen. Ill a justice 302 (n) 
 
 LYMBERGH (Adam de), upon accession of Edw. Ill, became keeper of Privy 
 
 Seal 530 (and n) 
 
 5 to 8 Edw. Ill chancellor of Ireland 531 (n), 555 (n) 
 
 In English Court of Exchequer from 1334, Nov. g, probably till his death in 13 
 Edw. Ill * 555 (and n) 
 
 LYMNE. Its fall in 475 33 
 
 LYNDE (John de la). For what one of his family was punished. His offices be- 
 sides acting as a justice in 1266, 1267 and 1270 368 (and n), 37o(n) 
 
 LYNDEWOOD. See tit. Linwood. 
 
 LYNOM (Thomas), captivated by Jane Shore. Letter on the occasion from Ric. Ill, 
 
 85s 
 
 LYONS. Council of in 1245 331 
 
 , Richard, in 50 Edw. Ill (1376) 628, 635 (n) 
 
 LYTHEGRENES (John de), in reigns of Hen. Ill and Edw. I; a justice' itinerant 
 
 in 1293 ; how employed afterwards 420 (andn) 
 
 MACCHIAVELLI (Niccolo), wrote //. Principe (the Prince); died in 1527, 
 
 looo (n) 
 
 MACCHOMBACH (Patrick), of "the Roman Franchise" ; 24 
 
 MADDINGLEY (Robert de), before and after 1314; then a justice of assize, 
 
 499 (and n) 
 MAGDALENE OF FRANCE, married James V of Scotland in 1536-7 ; and soon 
 
 died , .\ 1026 (and n) 
 
 MAGISTER, the designation before name of Richard de Stanes 371 
 
 , ScHptorii, position of Robert de Sigillo, and of Nicholas de Sigillo, 154, 189 
 
 MAGISTRA CAMERARIA and MAGISTRI CANCELLARIiE, 190, 403 (andn) 
 MAGNA CARTA. Time, place and manner of it ; its enunciation of principles ; 
 
Index. — {Maid of Orleans^ 1155 
 
 thereby limits are imposed on tyranny 252 to 260 
 
 In 1216 re-issue of Hen. Ill; in Nov., 1217, pacification (with Louis of France) 
 crowned by a new re-issue ; and by Carta de Foresta. Whether text of Magna 
 
 Carta was ever materially altered after 1217 277, 278, 279 
 
 In 1225, 9 Hen. Ill, re-issue of the Charters; John's Magna Carta compared 
 with this re-issue by Henry. Ld. Coke says : " This charter is declaratory of 
 
 the ancient law and liberty of England." His exposition 293 et seg 
 
 In 1244, 28 Hen. Ill, is a record mentioning ' Parliamentum Runimedcs' ; 
 52 Id., ch. 5, the "establishing of Magna Charta and Charta de Foresta" 
 
 363, 364, 365 (and n), 425 (n) 
 
 Events led in 1297 to the ' Confirmationes chartarum de libertatibus Anglice 
 
 et Forested^ in 25 Edw. I ; and in 1306, to stat. 34 Edw. I, ' de tallagio non 
 
 concedendo' ;.... 426,434 (n), 435 (n) 
 
 In 1351-2, 25 Edw. Ill, stat. 5, ch. 10, is of enforcing Magna Charta 594 
 
 Other statutes from time to time for observance of the charters are referred to 
 under tit. Charters. 
 MAID OF ORLEANS. See tit. Joan of Arc. 
 MAINPERNORS. In 1383, stat. 7, Ric. II, ch. 17, when they "shall be liable in 
 
 damages" 665 (n) 
 
 MAINPRISE, in 1362, 36 Edw. Ill; 42 Id., Helena. pregnans et in periculo mortis 
 
 was let out upon mainprise 605 (n), 619 
 
 MAINTENANCE. As to it stat. Westm. i, ch. 25; 28 Edw. L ch. 11 ; i Edw. 
 Ill, ch. 14 ; 8 Id. ; 20 Id., ch. 4, 5 ; 50 Id. ; i Ric. II, ch. 4, ch. 7 and ch. 
 9; 7 /(/.,ch. IS, 
 
 386 (and n),432 (and n), 528, 552, 586 (n), 628, 629 (n), 640 (n), 665 (n) 
 
 1495, extraordinary jurisdiction by stat. 11 Hen. VII, ch. 25 875, 876 (and (n) 
 
 1540, stat. 32 Hen. VIII, ch. 9, "against maintenance and embracery, buying 
 
 of titles," &c 1041 
 
 MALBERTHORP (Robert de), before Aug. 1320 ; then raised to King's Bench. 
 After accession of Edw. Ill, what occurred before, and on, and after, March 
 
 7. 1327 509 (and n), 529 (and n) 
 
 Chief Justice of King's Bench from 1329, May, till Octo. 28, perhaps till 1331, 
 
 Jan. 18; and then removed into Common Pleas S3S.536 (and n) 
 
 MALDUIT, William, a chamberlain about 31 Hen. I, and justice and sheriff in 
 
 reign of Hen. II 189 (□) 
 
 , yohn, in and after 1170 a justice 202, 203 (and n) 
 
 , Robert, in John's reign a justice; and in other offices 245 (n) 
 
 , William, in reign of Hen. Ill; in 1243,- presumptive heir to earldom of 
 
 Warwick after the Countess's death 349 (n) 
 
 MALEBYSS (Richard), in John's reign a justice 244 
 
 MALEFACTORS. Against them stat. 28 Edw. I ch. 17 ; and 10 Edw. Ill, 
 
 ' 432 (and n), 559 (n) 
 
 MALET (Robert), on King's Bench from 1289 to 1294; then he died, 
 
 413 (and n), 419 
 
 MALETOT. Against taking by occasion thereof; stat. 34 Edw. I, ch. 3 434 (n) 
 
 MALLORE (or Mallorie), Peter, before 1292; from that year in the Common Pleas. 
 Trial of Sir William Wallace before him in 1304, 
 
 421 (and n), 443, 444 (and n) 
 35 Edw. I, a justice of trailbaston; in Common Pleas to 1309; died in 13 10, 
 
 421 (and n), 445 (n) 
 
 MALMSBURY. Abbey of; place of Athelstan's sepulture 75 (n) 
 
 MALO LACU (or Mauley) Peter de, in 33 and 35 Edw. I, a justice of trail- 
 baston 445 (d) 
 
 MALT "sold for London," to "be cleansed from dust"; stat. 17 Ric. II, ch. 4, 
 
 694 (n) 
 
 MAMKI, Norman bishop, in 1087, resolved on restoration of St. Paul's... 323 
 
 MANCIPIA. Concerning it, rescript at York, not earlier than 210, nor later than 
 
 215 22 to 24 
 
 MANDEVILLE, Geoffrey de, earl of Essex, accompanied the justiciar in 1166-7; 
 died Octo. 21, 1167 198 (n), 200 
 
1156 Index. — i^ Manners Maketh Man!') 
 
 , William de, earl of Albemarle and Essex, in 1 189, appointed (with Hugh 
 
 Pusar) to Chief Justiciaryship 21& 
 
 'MANNERS MAKETH MAN,' motto of William of Wykeham 754, 755 
 
 MANNY (William de) in 1355, 29 Edw. Ill, his declaration to parliament 599 
 
 MANOR AND TOWNSHIP. Local courts thereof. 108, 452 
 
 MANSEL (John) before 1234; then admitted at the exchequer of receipt. Nature 
 of his office ; his activity of mind and capacity for business, 
 
 315 (and n) 316 (and n)i 
 Of the Great Seal he had custody from Nov. 28, 1246 to Aug. 28, 1247, when 
 he was sent on an embassy. After his return he had again custody of the 
 Seal from Aug. 10, 1248 to Sept. 8, 1249; and during this period was ap- 
 pointed provost of Beverley 342, 343 
 
 In 1253 negotiating for marriage between Prince Edward and King Alphonso's 
 
 sister Eleanor , 345 (°) 
 
 From his numerous benefices he had a large income ; his expenditure was mu- 
 nificent; and in 1256 he could give a stately dinner at his house in Tothill 
 
 fields 345 (and n) 346- 
 
 The King in 1258 nominated him on the commission of 24; but in 1260 (it 
 
 seems) was compelled to dismisss this counsellor 349, 350, 353 
 
 MANTRA VERS (John). See tit. Mautravers. 
 
 MANUMISSION and pardon. Charters of, issued in 1381 June 15; annulled July 
 
 2. What was afterwards done in the matter. 652, 653, 655, 656- 
 
 MAP (Walter) in 1174, a justice errant 203 (n) 
 
 MARA (or la Mare). Henry de. On the bench from before 1248 until 1256; died 
 
 in 1257 332 (and n) 
 
 MARATIME JURISDICTION. What power was exercised by officers of Cinque 
 ports before 1264; who then were appointed custodes partium marati- 
 
 Tnarum 449 
 
 In 1294 a permanent staff of officials constituted; 1298 orders for superintend- 
 ence of the fleet 449 
 
 Other measures before the appointment of a single high admiral in 1360, 
 
 449. 450- 
 
 MARCH (or Marchia) William de, before and in 1290; at the end of this year made 
 
 treasurer; in which office he continued several years. He succeeded Burnell 
 
 as bishop of Bath and Wells, and continued in the bishopric until his death. 
 
 This great minister of Edw. I die,d June 11, 1302 and was buried at Wells, 
 
 411 (n) 416 (and n), 417 (and n), 481 
 
 , Earl of (March), hung in 1330. See tit. Mortimer (Roger). 
 
 , Edmund Mortimer, earl of (March), married a daughter of Lionel, duke 
 
 of Clarence (son of Edw. Ill), and from 1369 held office of Marshal, 605, 632 
 In parliament of 1376, opposed to John of Gaunt, duke of Lancaster. When 
 
 the session ended, the earl had to resign the marshalship 631, 632 
 
 1377, one of the council of Ric. II; 1385, Aug., heir presumptive to the crown, 
 
 638 (n), 639 (n), 669 
 
 , Edward earl of (March). In 1460, June 25, letter from him and others to 
 
 Francesco de Coppini 812, 813 
 
 MARCHES of Wales. Stat. 28 Edw. Ill, ch. 2, as to Lords thereof 59S (n) 
 
 , of England near Scotland. In 47 Edwr. Ill dispute as to custody 613 (n). 
 
 MARE (Peter de la), in parliament of 1376; after its adjournment, imprisoned. A 
 
 fair trial insisted on. How the King allayed the excitement 632, 635 
 
 I Ric. II, in parliament " Sir Pierce de la Mere " being speaker, spoke " from 
 
 the whole House" 639 
 
 MARESCHALL or Marshal of the King's court [Magistraium marisc). This office 
 held by Gilbert, under Hen. I, and by John, under Hen. II. Gilbert's 
 grandson William, Mareschall (or Marshall,) married the daughter and heir 
 
 of Richard Strongbow, earl of Pembroke 216 (n) 
 
 William's offices in reign of Ric. I ; when displaced from the sheriffalty. King 
 John's coronation was followed by the investiture of William Marshall as earl 
 of Pembroke, 216, 217, 221, 225 (and n), 235 (n) ; and/orf tit. Pembroke. 
 
 , Richard, succeeded his brother in 1231, and was third earl of Pembroke. 
 
 312, 313 (n), and tit. Pembroke. 
 
Index. — {,Margaret.) 1157 
 
 — — , Anselm, fourth earl of Pembroke, died in 1245. To whom upon his death 
 the Marshalship of England fell, 330 (n), 349 (n) ; also tit. Bigod (or Bigot), 
 and tit. Earl Marshal. 
 
 , yokn, great grandson of Gilbert, and nephew of William, held offices in 
 reigns of John and Hen. Ill, some of which were judicial ; and died about 
 
 123s 278, 285, 286, 287 (n), 449 
 
 , William le, second son of John, succeeded on his brother's death in 1242 
 to family property ; and in 1 264 was appointed by the council a baron of the 
 
 Exchequer 360 (and n) 
 
 MARGARET, Princess of Franc*, for whose marriage to Prince Henry there was 
 a treaty in 1 160, came with Becket to England. The Prince was crowned 
 first without, and afterwards with, her. He died before his father, 
 
 191, 201, 202 (and n) 
 
 {or Marguerite), Philip's sister, was married in 1298 to Edw. I, 427, 485, 486 
 
 , daughter of Rene, king of Sicily, espoused in name of Hen. VI at Nance 
 in 1444, was married to him in England in 1445, April 22 ; and crowned 
 
 May 30 792, 793 
 
 l46l,Feb. 17, at St. Albans, defeated the earl of Warwick, and there with her 
 son met Hen. VI ; in March, after battle at Touton, went to Scotland with 
 
 her husband, son, and Sir John Fortescue 817, 818 (n), 819 (n) 
 
 1470, arrangement for the Prince of Wales to marry Lady Ann Nevill; 1471, 
 May 4, at Tewkesbury, the Prince slain and his mother and Lady Ann pris- 
 oners 827 (and n), 831 
 
 1475, arrangement for Margaret's ransom. What she signed at Rouen in 
 Jan., 1476, before going to her father's home; there she lived till his death, 
 
 in 1480; when and where she died 844 (n) 
 
 , eldest daughter of Hen. VII. Of her birth, childhood and marriage to 
 
 James IV of Scotland. How Hen. VII thought the marriage would operate, 
 and how it has operated. Aid to Henry VII for that marriage, 
 
 872, 880, 881 (and n), 885 
 1513, Sept. 9, battle 'between Earl Surrey and James IV; ending in James's de- 
 feat and death 925, 926 (and n) 
 
 , Princess, daughter of sister of Hen. VIII. In 1545 negotiations for her 
 
 marriage to Matthew Stuart, earl of Lenox 1057 
 
 MARINERS leaving the service; as to them, stat. 2 Ric. II, ch. 4 645 (n) 
 
 5 Id. stat. 5, ch. 3, as to "offer of mariners to serve at sea; grant of tonnage 
 
 and poundage," &c =.,658 (n) 
 
 MARISCO (Richard de), in reigns of Ric. I, John and Hen, III ; in the chancellor- 
 ship from Octo. 1214 till 1226; in reign of Hen. Ill he was also a bishop, 
 and (in 3 Hen. Ill) a justice itinerant. Of his death and burial, 
 
 249 (and n), 25 1 (and n), 283 
 
 MARK. The community of free and kindred cultivators 108 
 
 MARKHAM (John) before 1396, July 7 ; then raised to bench of Common Pleas, 
 
 701 (and n) 
 
 MARLEBRIDGE. Statute of in 52 Hen. VIII 363 to 367 
 
 MARMION (Robert), in reigns of Hen. II and Ric. I a justice and sheriff; in 
 
 John's a justice 210, 218 (n), 245 (n) 
 
 MARRIAGE of maid or widow against her will forbid by Canute ; otherwise in 
 
 Norman period and in reigns of Hen. II and his sons 89, 167, 168, 265 
 
 Under Hen. Ill a fine to the king by a man for marriage; or by a widow for 
 
 marrying whom she pleased 348 (n) 
 
 1523, 14 and 15 Hen. VIII, ch. 8, " act that the six clerks of the chancery may 
 
 marry" 924 (and u) 
 
 " Prohibited degrees of marriage." Stat. 25 Hen. VIII, ch. 22, § 2, 3 ; 28 Id., 
 
 ch. 7, ? 7 993. 1024 
 
 32 Id., ch. 38, is " concerning pre-contract and degrees of consanguinity," 1042 
 To whom is attributed the introduction into each parish of a register of mar- 
 riages, births and deaths 1036 
 
 Between the civil and the common law, a difference as to children born before 
 marriage 320 (and n) 
 
1158 Index.— ( Marsh.) 
 
 As to causes of matrimony being called ecclesiastipal or spiritual 3 
 
 MARSH (Ralph de), Abbot of Croyland, in 56 Hen. Ill, at the head of justices 
 
 itinerant for Leicester 372 (and n) 
 
 MARSHAL. As to period before 1245, see tit. Mareschall and tit. Pembroke; for 
 period from 1245 to 1270, see tit. Bigod (or Bigot) and tit. Earl Marshal. 
 In 133 1, "of the custody of prisoners by the marshals of the King's Bench," 
 and " the penalty for letting prisoners go at large" ; stat. 5 Edw. Ill, ch. 7, 
 
 547 (n) 
 As to marshal's jurisdiction, stat. 8 Ric. II, ch. 5, 13 Id. stat. I, ch. 2, 
 
 • 668 (n), 688 (n) 
 
 MARSHALL (Margaret). See tit. Norfolk, and 7^7 (») 
 
 MARTIAL LAW in reign of Edw. IV exceptionable 846 
 
 MARTIN (or Martyn), William, a justice of trailbaston in 33 and 35 Edw. I; he 
 
 acted also in a judicial capacity in reign of Edw. II 445 (n), 49° (°) 
 
 John, in 141 7, appointed a Serjeant; at first refused, but afterwards took the po- 
 sition, and was raised to the Common Pleas 77° (and tl^ 
 
 MARY OF GUISE did not marry Hen. VIII ; but did marry his nephew James V. 
 Of sons who were born and died in 1539 and 1540, 
 
 1026, 1027 (and n), 1033, 1034 
 MARY, DAUGHTER OF MARY OF GUISE, in 1542, Dec, but a few days 
 
 old at her father's death; 1543, crowned queen of Scotland 1049 (n) 
 
 MARY, DAUGHTER OF HEN. VII. Of her in 1500, when about four years 
 of age ; in 1514, on her way to marry Louis XII; and ' after 82 days of mar- 
 riage' a widow. Who was sent by her brother " to take care of her and her 
 
 property," and did both by marrying her 880, 926^ 
 
 MARY, DAUGHTER OF HEN. VIII. Of her birth in 1516; about two years 
 afterwards, treaty for her marriage to a younger French prince; which 
 Charles V endeavoured in 1520 to prevent. In 1521, contract for her to 
 
 marry the Emperor; in 1525, proceeding to rescind it 932 (and n) to 936- 
 
 1526., negotiations for her marrying a French prince. In 1526-7, two ambassa- 
 dors from France to England. July 3, began WolSey's embassy to France. 
 Aug. 18, treaty that the Duke of Orleans should marry her. Afterwards, in 
 her father's reign, stat. 28 Hen. VIII, ch. 7, \ 5, declaring her illegitimate; 
 but stat. 35 Id., ch. I (in failure of male progeny) limited the succession to 
 
 her 939, 940, 945, 1024 (and n), 1052 (andn) 
 
 MASERFELD. Battle of in 642 43 
 
 MASTER OF THE ROLLS AND OTHER MASTERS IN CHANCERY. Of 
 
 great antiquity 270, 409, 465 
 
 To whom the title of master or keeper of the Rolls is first distinctly traced. 
 When with, and to, this office was united and annexed that of custos domus 
 
 conversorum 409, 484 (n) 
 
 In what the Master of the Rolls is distinguishable from other masters in chan- 
 cery. Of him and them 583 (n), 639, 726 to 731, 912 (and n) 
 
 In 36 Hen. VIII, Octo. 17, special commission "to Sir Robert Southwell, 
 Master of the Rolls, and to three Masters," " to examine and determine sill 
 
 matters in chancery" 1056 
 
 MASTERS OF REQUESTS 729 
 
 MATILDA, wife of William the Conqueror. In 1068 sent for to England and 
 
 crowned; William thpn re-crowned 70, 123, 124 (n)' 
 
 , or Maud, daughter of Malcom, king of Scots. Educated at Rumsey abbey; 
 
 in 1 100 married to Hen. I, and crowned by Anselm; shared in her husband's 
 
 love of literature; died in 1118 151, 152 
 
 —-^— daughter of Hen. land of his first queen married first Hen. V, emperor of 
 Germany who died without children by her|; and 2dly Geoffrey, count of 
 Anjou; and by him had (March 5, 1133) a son who became Hen. II. Of 
 her and her brother, earl Robert; her death in 1167, 
 
 152, i6i, 164, 165, 166, 185 (n) 200 
 
 Stephen^! queen 161, 166 
 
 or Maud oldest daughter of William Mareschall, earl of Pembroke ; wife 
 
 first of Hugh Bigod (or Bigot) and afterwards of John de Warenne, 
 
 330 (n) 349 (n) 
 
Index. — {Matrimony.) 115& 
 
 MATRIMONY. See tit. Marriage. 
 
 MAUCLERK (Walter) before July 1232; then raised to office of treasurer; in 123J 
 ejected therefrom, fined and deprived of possessions, 
 
 286, 287 (n), 310, 312 (and n) 
 Though his embarkation at Dover was stopped, yet he afterwards regained the 
 King's favour ; and during his absence was united with two others in the gov- 
 ernment of the kingdom ; 312 (n) 329 (n) 
 
 In 1246 resigned the bishopric of Carlisle and took the habit of a preaching 
 
 friar; died Octo. 28,1248 329 (n) 
 
 MAULEY or Malo Lacu. See tit. Malo Lacu. 
 
 MAURICE Chancellor between 1078 and 1083 139- 
 
 MAUTRAVERS (John). In 4 Edw. Ill (1330) judgment of death against him for • 
 murder of Edmund Earl of Kent. In 1347-8 petition as to the judgment; 
 
 afterward? pardon 532 (n) 540 (n) 587 (u\ 
 
 MAXIMS. Quod Cancellaria, non emenda est 154 
 
 Id quod semper esquum et bonum jus dicitur ; suum cuique tribuere. 172 
 
 Nemo prohibetur plures negotiationes sive actes exercere. 608 
 
 Nunquam. decurritur ad extraordinarium., sed ubi deficit ordinarium 74^ 
 
 In prcesentia majoris, cessare potestas minoris 77' 
 
 Qui sentit commodum sentire debet et onus 979(d) 
 
 MAYOR, SHERIFFS AND ALDERMEN. See tit. Errors and Misprisions. 
 MEASURES AND WEIGHTS. In I4tb century the following statutes on the 
 subject, to-wit: 1328, 2 Edw. Ill, 'statute of Northampton,' ch. 14; 14 Id, 
 Stat, I, ch. 12; 25 Id. stat. 3; Id. stat. 5, ch. 9; 27 Id., ch. 4; 1361, ch. 5 
 and 6; 1389-90, 13 Ric. II stat. I, ch. 9; 1392-3, 16 Id., ch. 3, 
 
 533 (n). 567 (n). 593 (n), 594 (n). 595 (°). 604 (n), 688 (n), 693 (n) 
 
 MEDRAWD (or Modred). His conflict in 542 with his uncle King Arthur 34 
 
 MED WAY. Over it a passage forced by Englishmen at Aylesford between 449 
 
 and 465 33 
 
 MELTON (William de), in latter part of reign of Edw. I. Upon accession of Edw. 
 II, comptroller of the royal wardrobe. To him as such the Great Seal was 
 delivered Jan. 21, 1308, to be carried abroad with the King; upon whose 
 
 return he had the additional title of ' Secretarius Regis' 485 (and n) 
 
 1310, May II, to June 6, the Great Seal in the wardrobe under the seals of him 
 as comptroller) and two of the clerks of the chancery. The King's con- 
 fidence in him apparent from his subsequent employments and ecclesiastical 
 
 honours , 493 (and n) 
 
 1325, Jiily 3, while archbishop of York made treasurer of the Exchequer. How 
 
 treated in 1326 and Jan. 1327 521 (n) 
 
 How employed and treated after accession of Edw. Ill 133° 
 
 Nov. 28 restored to treasurership; held it to April 1, 1331 546 (andn) 
 
 1333, Aug. 10 to Jan. 13, sole keeper of Great Seal in Chancellor's absence, 548 
 
 Of his death in 1340, April 22; his burial; and his character 548 (n) 
 
 MENDIP. When Cenwalh overrun country near it 46 
 
 MEN OF ARMS, &c. As to finding them, in 1352, 25 Edw. Ill, stat. 5, ch. 8, 
 
 594 (d) 
 
 MERCENARIES. Towards them hatred in Stephen's time 175 
 
 MERCHANDIZE. As to measuring and selling in 1350, 51, 25 Edw. Ill, stat. 3, 
 
 593 (and n> 
 In what ships to be imported or exported, in 1381, 5 Ric. II., stat. i, ch. 3; 
 
 amended in 1382, 6 Ric. II, by stat. 2, ch. 8 656 (n), 662 (n) 
 
 By 14 Id., ch. 6, " English merchants shall freight none but English ships " ; 
 Id., ch. 10, " Customers, &c., shall not own nor freight ships, and shall hold 
 
 their office during pleasure " 690 (n) 
 
 MERCHANTS provided for in Magna Carta. Generally liberty thereby for any to 
 
 go out of, or return to the kingdom 257, 298 
 
 As to 'Statute of Merchants,' see tit. Acton Burnell, and 399, 400' 
 
 1303, 'writ of summons to a colloquium of merchants' 433 
 
 Whether, in 13th century, the lawyers and the merchants were likely to form an 
 estate of the realm 457,458 
 
1160 Index. — ( Mercia.) 
 
 In 1 3 10 foreign merchants employed to receive customs were arrested and 
 compelled to account.,, ,„ 494 
 
 As to clerks to receive recognizances according to the statute merchant, provis- 
 ion in 14 Edw. Ill, Stat, i, ch. n ; Id., stat. 2, ch. 2, as to "safe conduct, 
 &c., for alien merchants" 5^7 
 
 As to merchants, 2 Ric. II, ch. I and ch. 3. By 5 Id., stat. z, ch. I, •' merchant 
 strangers may freely come into, continue in and depart from the realm " ; and 
 by stat. 14 Id., ch. 9, " merchant strangers protected "..645 (d), 658 (n), 690(0) 
 
 9 Edw. Ill, stat. I, ch. I ; 25 Jd., stat. 3, ch. 2, and II Ric. II, ch. 7, are recited 
 in 16 Ric. II, ch. I ; and in Id., ch. 2, stat. 15 Ric. II, ch. 12, is confirmed, 
 
 (>9i (n) 
 
 Stat. 28 Edw. Ill, ch. 13, of merchant strangers, confirmed by stat. 20 Ric. II, 
 
 ch. 4 704(11) 
 
 MERCIA or Mercians. Men of the march; in wars with Wales 38, 42 
 
 In Penda's reign; and in Oswi's. Under Peada; Wulfhere; ^thelred and 
 ^thelbald 42 to 44, 46, 49, 50 
 
 In 753 Wessex freed from Mercian yoke; in 757 ^thelbald fell. Under Offa, 
 Mercian power rose again 50, 51 
 
 Of his occupation till his death in 796, see tit. Ofa and 51 
 
 At end of 8th century, threefold division between Northumbria, Mercia and 
 Wessex S' 
 
 Who succeeded Offa's son Egfert ; to whom Offa's realm bowed in 827, 
 
 SI (n . 52 
 
 Alfred on regaining his throne, obtained with it the kingdom of Mercia. In 
 
 whose hands .iEthelred's death left English Mercia. Between 918 and 924 
 
 Edward the elder annexed Mercia to Wessex 62, 71 
 
 The law of the Mercians was preserved from an early time and long subsisted ; 
 
 when it disappeared ..88, 258 (n) 
 
 MERE. Near it, a battle in 716 ,., 49 
 
 See tit. Mare for " Sir Pierce de la Mere." 
 MERES (or Kirketon). Roger de in the Common Pleas from 1371 Nov.' 27, 45 
 
 Edw. Ill, to the end of the reign 612 (and n) 
 
 MERLAY (Roger de), a justice in 9 and 10 Hen. Ill ,, 302 (n) 
 
 MEROVINGIAN. See tit. Karolingian and 117, 118 
 
 MERTON (or Morton) place of battle in 871 ; — of the parliament which passed 
 the statute called statute of Merlon ; amended by stat. Westm. 2, 
 
 58, 319 (and d), 401, 402 (n) 
 
 ■ Walter de, (Merton), before 1261 ; then the King transferred to him the 
 
 Great Seal. After July 5 letters to him as chancellor 353 (and n), 354 
 
 In 1262 the Great Seal temporarily in other hands; in 1263 on June 12 Merton 
 
 ceased to be chancellor 354 (and n) 
 
 Upon the death of Hen. Ill, he was selected by the council as chancellor; and 
 directed to stay at Westminster. What Edward wrote him on Aug. 9 from 
 
 Mellune on Seine 378, 379 
 
 In 1274 elected bishop of Rochester in July; resigned chancellorship in Sep- 
 tember ' 382, 383 
 
 Of Merton College; Bishop Merton's see; and generally of his career — the re- 
 markable name which he left. When and where drowned; where buried 
 
 and monument to him 383 (n), 475, 481 
 
 MESSENDEN (Roger de), a chaplain of Hen. HI; on the bench in 51 Hen. Ill, 
 
 369 (and d) 
 
 METINGHAM (John de), before 1276; then made a judge of the King's Bench. 
 
 In the administration of justice found pure; in 1289 raised to the head of 
 
 the Common Pleas 412, 413 (and n) 
 
 Quotation by him in 21 Edw. I, from Porphyrius, thought evidence of his lib- 
 eral education. A treatise by him is called 'Judicium Mssoniorum' 414 
 
 He presided over the Common Pleas till his death, in 1301. Respect for his 
 
 memory 414 (n), 443 
 
 MICHELNEY. From Thomas, al)bot of, letter to Cromwell... > ....1035 (n) 
 
 MIDDLE AGES. Period of medieval history ; 919 
 
Index. — {Middle English.') 1161 
 
 MIDDLE ENGLISH. A tribe known as such; ^thelred its master 38, 46 
 
 MIDDLESEX. Its assizes, juries and inquests' provided for by stat. 21 Edw. I 
 
 (1293) 422 (and n) 
 
 MIDDLETON, Richard de ; from 1262 to 1269 a justice; 1269, July, made keeper 
 of Great Seal; afterwards raised to chancellorship; died Aug. 7, 1272, 
 
 368 (and n) 
 
 , WUHam de, 2 and 3 Edw. I, keeper of the Rolls and writs of the Jews. 
 
 His- offices afterwards until 1 286 ; appointed then a baron of the Exchequer, 
 
 and continued there four years 4Io(n),4i3 (n) 
 
 , Adam de, in 33 and 35 Edw. I, a justice of trailbaston. Wnat was com- 
 mitted to his custody in 5 Edw. II. In 1313 a justice of assize; and 
 required to attend parliament; in 9 Edw. II held several lordships, 
 
 445 (a). 499 (and n) 
 
 , Adam's son Peter. In 4 Edw. Ill a justice itinerant ; what in 8 and 9 Id.; 
 
 died in 10 Id. 538 (and n) 
 
 MILITIA, in Norman period side by side with county court and hundred court. 
 Hatred of English towards mercenaries reached a climax in Stephen's time. 
 
 Operation of "the assize of arms" in 1181 175, 211 
 
 MILTON. Whether of his words, fewer are from Latin than Saxon 102 
 
 MIRFIELD (William de), a clerk or master in chancery from 36 to 49 Edw. Ill; 
 and one of four who in March, 1371, had custody of Great Seal during the 
 
 Chancellor's temporary absence, he died in 1375 624 (and n) 
 
 -•MIRROR OF JUSTICES' ; 459 (and n) 
 
 MISPLEADING, JEOFAILS, &c. ; stat. 32^Hen. VIII, ch. 30 1042 
 
 MODERATION, a general rule for the best government 945 (n) 
 
 MOHUN (Reginald de). His offices under Hen. Ill; when he died 318 (and n) 
 
 MOLEYNS (Adam). His offices and trusts in 1443 and 1444 792 
 
 MONARCHUS (Geoffrey) in 1165, of the assidentibus justiciis regis 197 
 
 MONEY. In 1278 expedients for raising it; 1299, 'a statute concerning false 
 
 money' 392, 428 (and n) 
 
 9 Edw. HI stat. 2, as to money and plate; 17 Id. as to money; 25 Id. stat 5, 
 ch. 12, of exchange of gold for silver; Id. ch. 13, that money shall not be 
 
 impaired in weight nor in allay.... 559 (n), 582 (n), 594 (n) 
 
 Stat. 47 Edw. Ill as to "currency of the Scottish Groat"; 14 Ric. II, ch. 12, 
 "value of Scottish money"; 17 Id., extending 9 Edw. Ill St. 2, ch. 3, to 
 groats and half-groats ; no foreign coin shall be current in Epgland ; nor 
 
 exchange made of English money for Scottish, 627 (n), 690 (n), 694 (n) 
 
 Of ;^ 100 at beginning of 15th century; what it would be equivalent to at a later 
 
 period 887 (n) 
 
 MONKS, CHANONS AND NOUNES. As to their "religious houses," stat. 
 
 27 Hen. VIII, ch. 28 1007 
 
 MONMOUTH (John de), a justice in 4 and 5 Hen. Ill; his position in 1233; 
 
 death in 1248 289, 313 and 314 (n) 
 
 MONOPOLIES. What are against Magna Carta. Stat. 3 Edw. IV, ch. 4, under 
 
 consideration in 44 Eliz. in case of ' Monopolies' 297 (n), 823 (n) 
 
 MONSTRANS DE DROIT in 14th century 736.737 
 
 MONTACUTE (William of). To him grant by act of 4 Edw. HI 542 (n) 
 
 Whether Montague killed (with Warwick) in April, 1471, was John Nevil men- 
 tioned in 1473-4 as late Marquis of Montacute 831,840 
 
 MONTAGUE (Lord), Chamberlain of Hen. VI; in 1460-61 at second battle of St. 
 
 Alban's; 1471, April 14, at Barnet killed (with Warwick) 831 
 
 Of Cardinal Pole's brother; in 1538 sent to the Tower; what followed, 
 
 loio, 1030 
 
 MONTEALTO (Roger de), in 1260 a justice itinerant 356 
 
 MONTEFORTE (Henry de) in reigns of Hen. HI and Edw. I, 
 
 369, 380 (and n), 390 
 MONTFICHET (Richard de), in 9 Hen. HI a justice. Of his position afterwards 
 
 till his death in 52 Id 302 (n), 316 (and n), 330 (and n) 
 
 MONTFORT, Simon deand Peter de, before and in 1258. According to resolutions 
 of committee of 24, Simon gave up his castles. Of his administration; and of 
 his famous parliament 347. 35' (d). 360 (and n), 361 
 
1162 Index. — {Montravers.) 
 
 In 1265, on Aug. ,4, at Evesham this great earl of Leicester was slain. His. 
 
 character : 362,449,456, 478 (and n), 479,482 
 
 In 1278 his daughter Eleanor married Llewellyn, Prince of Wales 393 (n). 
 
 MONTRAVERS (John). See tit. Mantravers. 
 
 MORCAR. One earl of this name massacred in Ethelred's reign ; another Morcar 
 appointed to earldom of Northumberland in time of Edward the Confessor, 
 
 84. 85. 95 
 MORE. See tit. Todiffe {Richard) as to the person called by some Richard More. 
 
 , Thomas. His birth and education; 1496 admitted into Lincoln's Inn. 
 
 Meeting in London between him and Erasmus. Their friendship and inti- 
 macy 878, 879 (and n), 880 (and n), 970 (n^ 
 
 Lectures on the science of law; and on St. Augustine 970 (and n) 
 
 What caused resentment against him of Hen. VII ; after accession of Hen. 
 VIII appointed a governor of Lincoln's Inn. How his reputation rose. 
 Position from 1510 to 1516. In 1516 letter to Erasmus; and Utopia printed, 
 
 970 (and n), 971 
 1 5 19 accepted office of Master of Requests; knighted; came into privy council; 
 
 became engaged in diplomatic missions 972 
 
 Erasmus under More's roof; picture of More's domestic life delightfully drawn 
 
 by Erasmus 972, 973 
 
 1523, April 15, More's address as speaker; from 1525 to Sept., 1529, offices at 
 
 home and abroad 972, 973 
 
 .1529, Octo. 25, the Great Seal delivered to him. Upon being conducted into- 
 
 his seat exhortation to and answer by him 974 
 
 His diligence and purity; his manner of discharging judicial duty. His ready 
 wit; when a madman would have thrown him from battlements. The King's 
 
 appreciation of him 974,975 (and n), 976 (and n) 
 
 The Philosopher of Utopia contrasted with More's practice in office 976 
 
 1529, 21 Hen. VIII, Chancellor More's oration of the causes of parliament. 
 What, during his chancellorship, were the measures as to divorce of the King 
 
 from Katharine 976, 978 to 981 
 
 1532, May 16, permitted to resign the Great Seal. Continued serene and cheer- 
 ful. His integrity 1 981, 982, 
 
 1534, Nov., 26 Hen. VIII, ch. 23 his attainder. His successor (the Lord Chan- 
 cellor Audley) and his co-commissioners performed an important part in the 
 
 homicide; in 1535 on July 6, More's head was taken off 994 to 1000 
 
 His principles and sense of duty ; his constancy and calmness : the spread of 
 indignation and abhorrence at what was was done by Hen. VIII and his sub- 
 servient judges. What Erasmus wrote; and what Ld. Campbell says....iooi 
 Of portraits by Holbein ; of More's remains ; of his widow and his daughter 
 
 Margaret 981, 982, 1000, 1002 
 
 MORETON (Robert earl of), in part of reign of Will. I one of three holding jointly 
 
 office of chief justiciary 141: 
 
 MOREVILLE (Hugh de), in 1170 a justice itinerant 199, 200 
 
 MOREWIC (Hugh de) in reign of Hen. II 209, 210 (and n) 
 
 MORGAN (Hamon), in 11 74 a justice errant 203 
 
 MORIN (Ralph), in John's reign a justice and sheriff. 294 (n), 
 
 MORLAND (William), Master in Chancery before Feb. 12, 1471. Then Master of 
 the Rolls till April 20 ; afterwards again a Master in Chancery and acting as 
 a receiver of petitions. Dean of Windsor from Feb. 1470 to Octo. 1471, 
 
 830 (and n) 
 
 MORT D' ANCESTOR. Writs of; trials thereupon in reigns of John and Hen. III. 
 
 Under stat. Westm. 2, ch. 30 ; before whom, and when and how assizes of, 
 
 shall be taken 255 (n), 294 (n), 404, 405, 406 (and n), 
 
 MORTIMER Roger, in 1258, elected by barons to be on commission of 24 ; assisted 
 in regency from death of Hen. Ill until return of Edw. I to England, 
 
 35°, 377. 378 
 
 , William de. In 1292, 20 Edw. I, a justice itinerant; in 32 Id. a justice of 
 
 assize. How employed afterwards 421, 444, 445 (and n), 490 (n)i 
 
 , Roger, va. 13 18, a baron; in new council. Conduct of him (the earl ot 
 
Index. — ( Mortmain^ 116$, 
 
 March) and Isabella the queen dowager (and mother of Edw. Ill) after sum- 
 mer of 1324. Therewith dissatisfaction was manifest after the king's uncle,, 
 the earl of Kent was beheaded. In 1330 Mortimer arrested, tried, con- 
 demned and hung 512, 522, 538 to 541 
 
 This judgment under consideration in 28 Edw. Ill (1254). In what degree 
 
 principles of law and justice were then established , , 598- 
 
 , Sir Thomas; in 1397 {'21 Ric. II) proceedings against him 706,707 
 
 , Sir.John; in 1423, 2 Hen III; against him an ex post facto act 778 (n) 
 
 MORTMAIN. Statute of; its principles 279, 299, 39* 
 
 In 1 291-2, "statute of writs for making inquisitions of lands to be put in mort- 
 main" ; and " statute of amortising lands" 415 (n) 
 
 Of Stat. 7 Edw. I de Religiosis, principles declared in 1 391 by stat. 15 Ric. II, 
 
 ch. 5 and ch. 6 691, 692 (n) 
 
 MORTON (John) before 1472 March; then appointed Master of the Rolls; 1473 
 Great Seal deposited with him several times ; at the end of that year sent 
 
 abroad to negotiate a treaty 834 (n) 
 
 1475, M^y 2, second patent to him as Master of the Rolls. One of the nego- 
 tiators of a treaty with Louis XI ; who distributed large sums, in which Dr. 
 
 Morton participated , 842 (n) 
 
 1478, Aug. 8, elected bishop of Ely; 1479, Jan. 9, resigned mastership of the 
 
 Rolls 842 (and n), 
 
 1483 interested in Edw. V; June 13 iinprisoned in the Tower. Therefrom sent 
 to Brecon under Buckingham's wardship. The Bishop glided into his con- 
 fidence ; and the plan was concocted of raising to the throne the earl of Rich- 
 mond. The Bishop obtained money and joined the Earl in Flanders, 851, 85^, 
 1485, by Hen. VII, Morton is summoned to England, admitted into the council, 
 and loaded with favours ; 1485-6, March 6, Lord Chancellor ; i486 Arch- 
 bishop of Canterbury 867 (and n) 
 
 1487, Stat. 3, Hen. VII, ch. 14; thought to be procured by the chancellor. Of 
 him in a great council between Nov., 1487, and Jan., 1488-9. In 4 Hen. VII 
 he decided as to jurisdiction of chancery where one executor releases a debt 
 
 without the other's consent 86g, 870,871 
 
 1493, rewarded with the Cardinal's hat. His part as to the tax called a ' Be- 
 nevolence.' His character 877, 878 (and ny 
 
 1500, his death and burial 878 (andn). 
 
 • MORTON (Robert). Master of the Rolls from 1478-9, Jan. 9, till end of reign of 
 
 Edw. V , 842 (and n). 
 
 Upon accession of Hen. VII resumed the mastership ; and became actively em- 
 ployed in the King's affairs 882 (and n) 
 
 1485, a patent appointing William Elliot jointly with him to the mastership ; 
 1487, Octo. 16, Morton became bishop of Worcester and resigned the master- 
 ship 882 (and n) 
 
 1497, May, he died and was buried in St. Paul's 882((andn) 
 
 MOTELOW (Henry de), in the Common Pleas from 1357 till 1361 597 (and n) 
 
 MOUBRAY (or Mowbray), John de, a judge of the Common Pleas from 1359, July 
 
 II (and soon afterwards a knight of the Bath), to 1373 5io (and n) 
 
 , Sir Thomas (Mowbray), earl of Nottingham, created, 21 Ric. II, Duke of 
 
 Norfolk : 707 
 
 MOUNT BADON. ?,fi^ Bradbury ^x\A 33, 34 
 
 MOUNTFORD (John of), duke of Brittany, married Mary, daughter of Edw. Ill, 
 
 610 
 MOUNTJOY (Lord), William Blount. See tit. Blount. 
 MOWBRAY. See tit. Moubray. 
 
 MUCEGROS, Milo de, in 1174 a justice errant 203 
 
 •^-^— , Jiiehardde, in John's xeiga a justice and sheriff 244 (n)- 
 
 MULETON (Thomas de), in reigns of John and Hen. Ill; in 1264 one of two ap- 
 pointed ' custodes fartium maritmarum, 
 
 240 (and n), 286, 287 (and n), 290, 311 (n), 449 
 MUNSELL (Joel). See tit. Bary (or AungerwiUe). 
 MUNSTER (Imbert de). See tit. Walerand (Robert) and... 354 (n). 
 
1164 Index. — ( Murders and Robberies^ 
 
 MURDERS AND ROBBERIES. As to these, stat. of Winchester, 13 Edw. I, ch. 
 
 1, 2; 28 Id., I, 2... 599 (n) 
 
 1541-2, 33 Hen. VIII, ch. 12, of murther and malicious bloodshed within the 
 
 court" 1047 (n) 
 
 Of judicial murder 7°° 
 
 MURDOC, A^»^/4, in judicial division of 1179 207 (°) 
 
 , Hugh and Ralph, in the Exchequer in 1 184; and Ralph a justice itinerant 
 
 and sheriff in reigns of Hen. II and Ric. 1 210 (n), 218 (n) 
 
 -MUSARD (Ralph), in reigns of John and Hen. Ill ; when a widower, married a 
 widow without the king's license ; how he procured a pardon, 
 
 289, 290 (n), 348 (n) 
 -"MUTF'ORD (John de), before 35 Edw. I ; then a justice of trailbaston. Under 
 Edw. II, a justice itinerant and in other employments; a judge of the Com- 
 mon Pleas from 13 1 6 till the end of the reign ; also for the first three years 
 of the reign of Edw. III. Died in 1329; where buried, 
 
 445 (d), 505 (n), 506 (and n), 529 (and n) 
 
 NANFAN (or Nanphant), Sir John, in 1502-3 treasurer at Calais 922 (n) 
 
 NATIONAL COUNCIL. See tit. Parliament. 
 
 NATIONAL LITERATURE, since Alfred's time 67 
 
 NAUNTON (or Wouton), Sir Thomas, in 1425 Speaker of the Commons 779 
 
 NERFOURD, Margery, daughter of John (Nerfourd), son of Lady Nevill. In 1378 
 
 (2 Ric. II) complaint of her being taken and carried away 644, 645 
 
 NERO, after Claudius, in 54 18 
 
 NEVILLE, Alan de, in 1165 of the assitlentibus justiciis regis; from 12 Henry II 
 for many years justice of the forests throughout England; died in 2 Ric. I, 
 
 197, and 198 (n) 
 
 , Alan de (Neville), junior, a justice from 1170 to 1179 200 
 
 , Ralph de. From 1213 until 1223, Nov. 1, when he was elected bishop of 
 
 Chichester; 1224 sat as a justicier; 1226, June 26, received the chancellor- 
 ship by appointment of the common council of the kingdom; 1227, by charter 
 of Feb. 12 the chancery granted to him for life, 
 
 249, 250 (n), 283, 290 (n), 306 (and n), 307 
 
 With him in 1230, during the King's absence, Stephen de Segrave was joined in 
 
 the administration; in 1233 they were with, the King when he was one of 
 
 those who escaped from Grosmount nudi fugientes 311, 314 (n) • 
 
 In 1236 he refused to resigii the chancellorship 322 (and n) 
 
 In 13, 16 and 17 Hen. Ill in the King's favour; disfavour came after death of 
 Peter de Rupibus (in 1238). What dissatisfied the King and caused him to 
 
 take away the Great Seal 324 (and n) 
 
 Of him afterwards till his death, Feb. 1 , 1 244, at the magnificent mansion erected 
 by him ; in what has been since called Chancery Lane. His character, 
 
 325 (and n), 330 (n) 
 — — — , Robert de, an ecclesiastic, was an officer of the exchequer in John's reign 
 
 and a justicier in 3 Hen. Ill 285 
 
 , Geoffrey, the King's chamberlain, was in 1220 sheriff of Yorkshire 455 (n) 
 
 Jollan de, a justice itinerant in 1234; from Mich. 1241 to Hill. 1245 one of 
 
 the superior justices at Westminster. He died in the next year 317 (n) 
 
 — — — , Robert de, of the noble house of Raby ; in 1 262 at the head of justices itin* 
 erant for northern counties; then appointed captain-general of the king's 
 forces in those parts, sheriff of Yorkshire, and governor of certain castles. 
 Of his death in 1282 ; his wife and son ; and his representatives in the House 
 
 of Lords 357, 35g (and n) 
 
 , Sir John; in 1330 (4 Edw. Ill), act making grant to him 542 (n) 
 
 , Lord John; in 1376 (50 Id^, proceedings against him 628 (n) 
 
 , Bishop, one of eleven named in 1386 in commission of 10 Ric. II. Alex- 
 ander Nevill, when archbishop of York, was one of those who, in 1387, gave 
 dangerous counsel to the King; and therefor was charged with treason; 
 whither he proceeded. Articles against him; default recorded; and sen- 
 tence pronounced. At Louvain a parish priest. Of his death and burial, 
 
 674 (and n), 676 (and n), 677, 678, 679 (and n) 
 
Index. — {Newbald.) 1165' 
 
 , Salph, lord Nevill, in 1397, created earl of Westmoreland; had two wives 
 
 and twenty-two children ; the elder son by his first wife succeeded to his 
 
 honours 707 (n), 806 (a) 
 
 , Richard, the eldest son by his second wife, born about 1400, married 
 
 daughter of Earl of Salisbury; upon whose death in 1428, this title was 
 
 granted to Richard for life ..806 (n) 
 
 In 1454, invested with the chancellorship; what he did; and how soon he was 
 
 removed from It 806, 807 (and n) 
 
 In and after 1455, of him and other allies of the Duke of York; 1460, Dec. 
 29, overwhelmed at Wakefield; taken prisoner and beheaded, 
 
 808, 809, 810 (and n), 812, 813, 817 
 
 , George, bishop of Exeter; in 1460, under Hen. VI made chancellor, ']\x\y 
 
 23, and opened parliament Octo. 7 ; under Edw. IV became chancellor in 
 1460-61, March 10; and opened parliament Nov. 4... ...813, 814 (and n), 819 
 
 1463, 3 Edw. IV, April 29, opened parliament; June 27, prorogued it; Nov. 4,: 
 adjourned it ; 1464, Sept., became archbishop of York. The last day of his 
 
 chancellorship was in 1467, June 8 820, 821 (and n), 822, 824 
 
 1469, at Calais, as archbishop, married his niece, Isabella Nevill, to the Duke 
 of Clarence. About this time Edw. IV a prisoner. See tit. Edward IV, 
 
 and 826, 827 (and n) 
 
 , Lady Anne (Nevill); in 1470, arrangement for her to marry Edward, son of 
 
 Hen. VI 827 (n). 
 
 , George, the archbishop, and bishop Waynflete, in 1470, Octo. 5, took Hen. 
 
 VI from the Tower. Under him the archbishop is chancellor again. In 
 April, 1471, this archbishop instrumental in admitting Edw. IV into London, 
 
 and making Hen. VI a prisoner again 827, 828 (and n), 830, 831 
 
 1472, April, the archbishop despoiled of his wealth ; afterwards in captivity or 
 
 mortified retirement until his death, at Blithlaw, June 8, 1476 834, 835 
 
 , Lady Anne (Nevill) married in 1473, Richard, duke of Gloucester; their 
 
 son, born in 1474, died in 1484; Queen Anne died in March, 1484-5; 
 survived by King Richard about five months, 
 
 836, 838, 839 (and d), 841, 860, 861 
 
 ^— , Ralph, the third earl of Westmoreland, married a niece of William Booth 
 
 and Laurence Booth, each of whom was archbishop of York, and the latter 
 
 chancellor of England ?. 838 (n) 
 
 — , John, lord Latimer, about 1533, married Katharine Parr, then under twenty 
 
 and a widow of Edward, lord Borough, of Gainsborough 1051 
 
 -, Sir Edward, sent to the Tower Nov. 1538 ; executed Jan. 1538-9 1030. 
 
 NEWBALD (Geoffrey), in 4 Edw. I a justice ; became chancellor of Exchequer 
 1377, Aug. 22; and attended court of Exchequer so late as 9 Edw. I, 
 
 390. 392 (and n) 
 
 NEW COURTS. Their tendency to vex and oppress 429 
 
 NEWMARKET (Adam de), in reign of John and Hen. Ill 285 
 
 NEW OFFICES, under pretence of the common good ; so exercised as to be a 
 
 grievance , 429 
 
 NEWSTEAD ABBEY, in Nottinghamshire. Of it William de Cossale a bene- 
 factor 535 
 
 NEWTON, Dr. Thomas, inaccurate as to the whereabout of St. Simon, the apostle, 
 
 and St. Paul 15, 16 
 
 , Sir John, in 1381, governor of Rochester castle; forced to accompany 
 
 rioters ; what happened 651, 652 
 
 NIEFTY, as to writs of, stat. 10 Edw. Ill 559 (n) 
 
 NIGEL, bishop of Ely, Treasurer in Stephen's reign; at the end of 1139 banished; 
 styfed ' Baro de Scaccario,' before I165 ; then he is the first of 'assidentibus 
 
 Justiciis regis' ; died in 1169 163, 165, 197,200 
 
 As to his son, see Fitz-Nigel (^ich&rA), or 200 
 
 NIGER (Bishop); in his time (in 1240) St. Paul's finished! 320 
 
 NISI PRIUS. Under stat. Westm. 2, ch. 30; and 14 Edw. III. In 1318 'statute 
 
 of Vork,' ch. 4 ; 405 (and n), 451 (n), 512 (and n) 
 
 1330, stat. 4 Edw. Ill, ch. II, what may be enquired of by justices of assize 
 
1166 Index. — {Nolumits Mutare Leges Anglics.) 
 
 and nisiprius; 1340, 14 Id. stat. i, ch. 16, of granting nisi prius and giving 
 judgment; 1383, 7 Ric. II, ch. 7, "in what case a nisi prim shall be granted 
 
 at the suit of any of the jurors" 542 (n), 567 (n), 664 (n) 
 
 NOLUMUS MUTARE LEGES ANGLI/E. The answer of earls and barons in 
 
 1236; its signification 320 
 
 NON EST FACTUM. In 13 18 'statute of York', ch. 2, as to "when a deed" 
 
 "or other writing is denied", "wherein witnesses be named" 513 (n) 
 
 NORFOLK. In 21 Ric. II who is created Duke of Norfolk; who created Duchess 
 
 of Norfolk 707 (n) 
 
 Extraordinary judgment by Ric. II in cases of the Duke of Hereford and Duke 
 of Norfolk. Whither this Duke went ; when and where he died, 
 
 710 to 712 (and n) 
 In 1529, the Duke was Anne Boleyn's maternal uncle; and prime minister of the 
 cabinet. To him and the Duke of Suffolk the Great Seal was in Octo. sur- 
 rendered by Wolsey. 'Exhortation' by the premier, and answer by Sir 
 
 Thomas More upon his induction into the chancellorship 964 (and n), 974 
 
 1533-4, Jan. What the Duke wrote (to France) of the Pope 991, 992 
 
 1535. The Duke a commissioner to try Sir Thomas More 997 (n) 
 
 The Duke's daughter married a natural son of Hen. VIII — Hen. Fitzroy, who 
 
 was created earl of Nottingham and Duke of Richmond 1007 
 
 What was done by Hen. VIII and the Duke of Norfolk to get Queen Anne 
 
 Boleyn 'out of the way' 1008, 1009, 1012, 1015 to 1023 
 
 This duke was proceeded against in 1546-7 upon a charge of treason; and had 
 
 a long imprisonment 1061 to 1063 (and n) 
 
 NORM ANNUS (or de Cantilupe), Simon, archdeacon of Norwich, had the Great 
 
 Seal in 1238; was dismissed in 1239 .324,325 (and n) 
 
 NORMANVILL (Thomas de), before 1292 and 1293; then a justice itinerant; died 
 
 in 1295 420 (and n) 
 
 NORRIS (Henry), would not calumniate queen Anne Boleyn, and was executed, 
 
 1013, 1015 (n) 
 NORTHAMPTON. Ih 1 1 76 in assize of, that of Clarendon renewed and ampli- 
 fied 205, 206 (and n) 
 
 . 'The statute of in 1328, 2 Edw. Ill 532,533 
 
 , Henry de, a justice in reigns of Ric. I and John 218 (n), 244 (n) 
 
 NORTHBURG (William de), a justice to take-&.ssizes in 3 Edw. I ; justice itinerant 
 
 in 6 and 7 Id.; and again in 23 Id 383 (n), 391 (and n) 
 
 NORTHBURGH (Roger de), before April 1316 ; then keeper of the wardrobe; 
 into his custody as such keeper the Great Seal was delivered on April 13, 
 1321 (in consequence of the chancellor's illness). He became in 1322 bishop 
 of Lichfield and Coventry ; held the office of treasurer for short periods in 
 2 Edw. HI and 14 Id.; and died in 1359, 
 
 503 (n),Si8 (n), 534 (n), 563, 568 (and n) 
 
 NORTHMEN AND NORMANS. See tit. Saxons; tit. Danes; tit. Anglo-Saxons 
 
 and tit. English. 
 
 1066, Octo. 14, the battle gained by Normans. Soon their language more used 
 
 and studied. Of their law of descents ; and despotic power in the Norman 
 
 period 100, 132, 167, 169 to 171 
 
 Yet through this period the ancient national militia subsisted writh the county 
 court and hundred court. The Norman king is the source of justice ; the 
 resource on appeal for equity. Of the justiciar, chancellor and others, minis- 
 ters of state and members of the curia regis and exchequer. Also of the 
 
 Witenagemot under the title of the Great court or council 175, 177 to 181 
 
 NORTHUMBRIA AND NORTHUMBERLAND. Of Northumbria before 685. 
 Where stood the tombs of its kings ; how late it was dominant state in Brit- 
 ain; what blow was viewed as fatal 4.2 to 46 
 
 High character of Alfred, its king, from 685 to 705. Who were his successors 
 
 till 728 46, 47, 49 
 
 In 733 under Ceolwulf's peaceful reign. When a 'literary centre' 49 
 
 In 740, under Eadberht, threw back ^Ethelbald's attack. At the close of this (8th) 
 century three-fold division between Northumbria, Mercia and Wessex. Then 
 Eardulf king of Northumbria 50, 51,52 
 
Index— {NoriAwelO 1167 
 
 In the gth century Egbert, king of Wessex, became preeminent ; after him Al- 
 fred the Great. In the loth King Edgar addressed the witan at York, 
 
 53, 60 et seq., 79 
 In 1065 what was required by the Northumbrians and assented to by the King, 95 
 
 In reign of Ric. I see tit. Pusar (Hugh), and 216 to 226 
 
 In 1399 the Earl of Northumberland in communication with Ric. II and with 
 
 • Henry, who succeeded to the crown 7^4 
 
 In 1455, at St. Alban's, the then Earl was slain , 808 
 
 14S3, June, the then Earl was helping Richard duke of Gloucester 852 
 
 Of Henry Percy, see tit. Percy. 
 NORTHWELl (William de), in 1340, June 21, constituted a baron of the Exche- 
 quer; soon retired 556 (and n) 
 
 NORTHWOLD (Hugh de), abbot of St. Edmund's ; in reign of Hen. Ill a justice 
 
 and bishop of Ely; his character 307 (n) • 
 
 NORTH WOOD (Roger de), a baron of the Exchequer from 2 Edw. I till his 
 
 death in 13 Id 383 (and n) 
 
 NORWICH, Ralph de, in leign of Hen. Ill 308 (n), 313 
 
 , W^//^?- ij^ before Aug. 131 1; then raised to the Exchequer bench; Octo. 
 
 23, appointed locum tenens of the treasury of the Exchequer, 
 
 496 to 498 (and n) 
 131 2, again baron ; in March, described as 'nunc capitalis baro' ; 13 14, vaca- 
 ted this seat and became treasurer ; 498, 501 
 
 1317, May 30, relieved from treasurership and again chief baron, 
 
 503,511 (andn) 
 
 Which ofSce he retained till his death in 3 Edw. Ill 528 (and n) 
 
 Bishop of, in iifg, and the head of a judicial division, was John of Oxford. 
 
 See tit. Oxford, and 191, 192, 207 (n) 
 
 When Richard de Luci had resigned the Chief Justiciaryship, what was done 
 by the bishop of Norwich and two others. When he died ; where buried, 
 
 209 (n) 
 
 Bishop of, in 1318, was in new council 512 (n) 
 
 Bishop of, in 1376, 'supposeth an erroneous judgment to be against him '...628 
 Bishop of, in 138$, Against him as military commander, charges in 7 Ric. II 
 
 by Chancellor Pole 664 
 
 NOTTINGHAM. In H94, great council there; in 6 John, Robert de Veteri 
 Ponte was constable of the castle; in J 530, Nov., ex-chancellor Wokey went 
 
 thence to Leicester abbey 224, 241, 965 
 
 , iJo^^y^ <^.f, a justice from 1244 till 1250 327 
 
 , William de, in 46 and 54 Hen. Ill, a justice itinerant; in 49 Id., sheriff, or 
 
 under sheriff 357, 358 (and n) 
 
 , Robert de, in 1322, 15 Edw. II, remembrancer of the Exchequer ; in 1327, 
 
 I Edw. Ill, second baron ; died or retired before April 16, 1329. ..528 (and n) 
 
 , Earl of in 1381); before Dec. restored to his place in the council, 685, 686 
 
 To the earl and his heirs made grant in 20 Ric. II of the office of Earl Marshal 
 
 of England and other offices. His part against Warwick and Gloucester. 
 
 21 Ric. II created Duke of Norfolk 703 (n), 704 (n), 707 (n) 
 
 , Henry Fitzroy — natural son of Hen. VIII by Lady Talbois — who had been 
 
 created earl of Nottingham s.T\d. duke of Richmond — died in 1536 1007 
 
 NOTTON (William de), before 1355 Octo. 12; a judge of the King's Bench 
 thenceforth till 35 Edw. HI; then constituted chief justice of the Common 
 
 Pleas in Ireland "-SqS (and n) 
 
 NOVEL DISSEISIN. . Upon writs of, trials in reign of John and Hen. Ill, 
 
 25s. 294 (n) 
 Before whom, and when and how, assizes of, shall be taken under stat. Westm. 
 
 2, ch. 30 404. 405, 406 (and n) 
 
 NOVELLA of Justinian; published in 565 37 
 
 JSrOVI HOMINES, raised up by Hen. 1 156 
 
 NUISANCE, Against whom assize of, did lie before stat. Westm. 2, ch. 24. " How 
 writs of nuisance called vicontiels shall be pursued;" stat. 6, Rich II, ch. 3, 
 
 403 (n), 662 (n) 
 
1168 Index. — {Nulli Vendemus JusHciam.) 
 
 As to removing nuisances, 12 Rjc. II, ch. 13 683 (n) 
 
 NULLI VENDEMUS JUSTICIAM; cited in Edw. Ill 552- 
 
 NUNANT (Hugh of), in 1194, bishop of Coventry 225 
 
 OBSTRUCTION IN RIVERS. To remove the same, commissioners were to be 
 
 assigned by the chancellor, under stat. 9 Hen. VI, ch. 9 7^7 
 
 OCTARCHY, or Heptarchy >..42 
 
 OCTOBER 14, 1066, day of battle, wherein the Normans conquered. Other states 
 shewed no interest to prevent unjust aggrandisement. Afterwards natives of 
 
 England depressed; and Normans exalted 99, 100, 124, 131 
 
 ODIO ET ATIA. Writs of 295, 296,404 
 
 ODO, archbishop of Canterbury. Censure of him and Dunstan for their conduct to 
 
 Edwin and his queen 74. 75' 7^ 
 
 , bishop of Bayeux and brother of Will. I; with what entrusted in lo65. 
 Against him as earl of Kent, suit by Lanfranc as archbishop of Canterbury. 
 
 137. 139 
 Arrested by the King ; who, when about to die, consented to his discharge, 
 
 140, 141 
 
 Of him in England upon his return in Sept., 1087, and afterwards till he was 
 
 obliged to quit the kingdom. Whither he retired ; how and when his life was 
 
 ended 142, 143 (and n> 
 
 ODYAM (Walter de), one of three clerks in chancery entrusted in 1284 with care 
 
 of Great Seal during chancellor's absence 401 
 
 OFFA. Of Mercian power in his reign ; his code of Mercian laws ; and his inter- 
 course with the continent ; especially his correspondence and treaty with 
 
 Charlemagne. He died in 796 51 (n), 52 
 
 'OFFA'S DYKE', from mouth of Wye to that of Dee 51 
 
 OFFENDERS against stat. Edw. Ill, ch. 6. Under 27 Id., ch. 3, commission to 
 
 enquire thereof 595 (n) 
 
 OFFICES. See tit. Buying and selling offices ; and tit. Public Officers. 
 
 OFFICINA JUSTITI^ 470.47I 
 
 OFFORD, John de, before 1345, Octo. 26; then appointed chancellor; 1349, 
 May 20, died after being elected, and before being installed as, archbishop of 
 
 Canterbury 584 (and n), 589 (n), 738 
 
 Andrew de, brother of John. How employed till his death in 1358, 600 (andn). 
 
 OGLE fWilliam of . See tit. Gournay (Thomas of), and 532 (n), 540, 541 (n) 
 
 OKETON (John de), sheriff in, and for some years after, 44 Hen. HI ; a justice 
 itinerant from 52 to 56 Id., and a regular justicier to Octo. 29, 1272, 
 
 370 (and n) 
 OKHAM (John de), before and after June 18, 1317, when he became a baron of 
 
 the Exchequer 504 (and n), 
 
 OLD BASING, place of battle in 871 S& 
 
 OLDENBURG. Its ancient inhabitants , 32 
 
 OLDERSBURGH (Sir John) in parliament, 4 Ric. II (1380) 649. 
 
 OLDHALL (Sir William), Speaker of the Commons in 1450, 801 (n) 
 
 OLD SARUM, in 552, captured by West Saxons 3& 
 
 As to removal of Cathedral, see tit. Salisbury, and 287, 288 
 
 OLERON. Laws of .....233 (andn), 268 
 
 OLIVER (Jordan), in reign of Hen. Ill 302 (n> 
 
 OMNIPOTENCE. See tit. Opinions. 
 
 OPINIONS. To threaten and terrify one, to make him say he believes what does 
 
 not appear to him to be true, — is wrong , 997 (n). 
 
 That " such kings and legislators as are visible on earth in mortal bodies are 
 not omnipotent," is a reasonable conclusion since the operation of the act of 
 
 31 Hen. VIII, ch, 14, "abolishing diversity of opinions" 1033 
 
 OPPRESSION (by usurped authority.) is against Magna Carta 297 (ny 
 
 Against oppressions the Commons in 1 343, said the best provision was " that 
 
 approved justices should be chosen" in every county 581 
 
 ORDER OF THE GARTER. See tit. Garter. 
 
 ORDEAL OF IRON, offered in Norman period by Bishop Odo. To whom.... 13a 
 
Index. — {Ordinances^ 1169 
 
 ORDINANCES of 1310 and 13H 494, 495, 496 (and n) 
 
 Confirmed at Leek in 1318; and new council nominated 512 (and n) 
 
 Repealed by parliament at York in 1322 516 
 
 ORIVALLIS. See tit. Rivaux. 
 
 ORLETON (or Orlston), Adam, bishop of Hereford. What he did in 1326, in and 
 
 after Nov , 524, 525, 531 
 
 ORMESBY (William de), in 20 and 21 Edw. I, a justice itinerant ; in 24 Id. (1296), 
 a judge of the King's Bench. After holding court in Scotland, at Scone, and 
 being there surprised by Wallace, he resumed service in England, and was 
 on the King's Bench till the end of the'reign. In 1305, he was allso a justice 
 
 of trailbaston 421, 424 (and n), 441, 445 (n) 
 
 On accession of Edw. I, re-appointed to King's Bench. His subsequent em- 
 ployments ; death and burial 488 (and n) 
 
 ORMOND (Earl of), in Ireland. Anne Boleyn's father created such Dec. 8, 
 
 1529 978 
 
 OROSIUS. His abridgement of history, translated and enriched by Alfred the 
 
 Great 66 
 
 OSBERGA, wife of Ethelwulf 56 
 
 OSBERT, Chancellor between 1070 and 1074 139(d) ■ 
 
 OSBORNE, Walt., to be "coram nobis el concitio nostra in canceharid nostrd", 
 
 728 (n) 
 OSENEY. Abbot of, in reign of Edw. II. How William de Ayremynne gained 
 
 access to the Abbot and received discipline from knotted scourges 510 (n) 
 
 OSGODBY (Adam de), a clerk of the chancery before 23 Edw. I ; then and after- 
 wards in that reign keeper of the Rolls ; and frequently, in the chancellor's 
 absence, performing his functions, sometimes alone and sometimes in con- 
 nection with other clerks 436 (and n), 437, 484 
 
 Edw. II granted to him office of custos of House of Converts to hold with that 
 of keeper of the Rolls. How in this reign, the Great Seal was temporarily 
 
 committed to him. He died in August, 1316 484 (and n), 497, 510 
 
 OSLACH, earl of Northumbria. 79, 80 (n> 
 
 OSMUND, chancellor between 1075 and 1078 , 139 
 
 OSRED, king of Northumbria; fell in 716 49 
 
 OSRIC, king of Northumbria, after 718 49 
 
 OSULF, earl of Northumberland, in Edgar's time 79 
 
 OSWALD, yJ««^ of Northumbria. Where in his youth he found refuge. Of his 
 first fight. On what field Cadwallon fell; and in what battle OswaHl was 
 
 slain 43 
 
 , nephew of Archbishop of Odo — and a counsellor of King Edgar — succeeded 
 
 Dunstan in bishopric of Worcester 78 
 
 OSWI, king of Northumbria, in 664 summoned a great council at Whitby, In 
 what field successful ; what provinces, and how long, he governed. His death 
 
 in 670; his tomb 43, 44, 45 
 
 OTHO, legate in reign of Hen. Ill ; another Otho, the goldsmith. ..323 (n), 331 (n> 
 OXFORD. Its masters in 571 ; its early character as a military post and place for 
 
 national assemblies 38, 166 
 
 A seat of learning ; where, at a period of brute force, the antidote appeared in 
 
 systematic teaching of law; in 1149 Vacarius began his teaching 566 
 
 , yohn of. His office after Becket (in 11 62) resigned the chancellorship. See 
 
 tit. Norwich, and 191, 192, 207 (n) 
 
 , Constantius de, in 20 and 21 Hen. II (1174-5), ■"'^^i — '"i'^i Alard Ban- 
 
 astre, sheriff of Oxfordshire — a justice itinerant to assess the tallage in that 
 
 county 204(0) 
 
 Oxford, from 1154 to 1216, grew in numbers and repute 265 
 
 . To it charter granted July 18, 1255 346 (and n) 
 
 . In June, 1258, parliament there; its provisions again proclaimed in Sept., 
 
 1263. Dec , these provisions referred to King of France; his award made 
 
 Jan. 23, but not acquiesced in by the baronial party 348 et seq., 359 
 
 . In 14 Edw. Ill, "Propositus et Scholares Aula Regince de Oxon" 370 
 
 , Earl of , in commission of April 25, 1536 ; 1012 
 
 74 
 
1170 Index— (Pagan JVorik) 
 
 PAGAN NORTH. Its inundation of Christendom i 
 
 PAGET (William), before, and in, and after, 1530. His offices in 1541, 1542 and 
 1543; negotiations in and after 1545. In 1543 he had been knighted and 
 appointed one of the two principal secretaries of state. As secretary, he in 
 parliament, 1546-7, Jan. 31, read great part of the will of Hen. VIII, 
 
 978 (and n), 1049, 1057, 1064 
 
 PAINTED CHAMBER (or Chamber tie pinct) at Westminster, in the King's pal- 
 ace. Therein "paintings as old as 1322, and probably older," were in 1800 
 (on removal of the old tapestryj discovered on the walls 579 (°) 
 
 PALLADIUS, bishop of the Scots 27 
 
 PANDECTS of Justinian. See tit. Justinian. 
 
 PANDULF, an envoy from Rome, before and after Gualo, returned in 1 221 to 
 Rome 253 (a), 262 (and n), 281, 282 
 
 PANTULF (Hugh), in reign of Ric. I, a justice and a sheriff 217 (n) 
 
 PAPAL INSTITUTIONS. See tit. Popes of Rome. 
 
 PAPINIANUS (^milius), the famous lawyer, had in England his tribunal seat at 
 York. How his life was ended. Weight of his opinions 21, 22, 26 
 
 PARAMOUNT MONARCH. Whether Egbert was such 53 
 
 PARDEHOWE (Thomas de). What custody he had of the Great Seal in Feb., 
 
 1341 571.572 
 
 PARDON. Comprehensive in stat. 34 Edw. I, ch. 5. " For certain fines and 
 grants" by stat. 4 Edw. Ill, ch. 5. Stat. 2 Jd., ch. 2, confirmed by 4 Id., 
 ch. 13 434.435 (and n), 542 (n) 
 
 "On outlawries," by 5 Id., ch. 12. By 10 Id., stat. i, "further provision as to 
 pardons" 547 (n), 559 (n) 
 
 " Of chattels of felons, of fines, &c.," by 14 Id., stat. 1, ch. 2 ; " of divers debts, 
 &c., due the King," by Id., ch 3; Id., ch. 15, against "pardon for felony 
 inconsistent with the king's oath" 565 (n), 567 (n) 
 
 " Of chattels of felons, &c," by Id., stat. 2, ch. 3 ; 27 Id., ch. 2, as to sugges- 
 tions in a pardon of felony 567 (n), 595 (n) 
 
 "General." Thereof stat. 36 Id.; and 42 Id., ch. 2; 50 Id., ch. 3, of the 
 king's pardon to the people" 606, 618 (n), 630 (n) 
 
 In 51 Edw. Ill ; confirmed in I Ric. II by ch. 10 635, 640 (a) 
 
 "Of escapes of felons," by stat. 4 Id., ch. 2; "to those that repressed or pun- 
 ished" rebels, 5 /i, ch. 5; to other subjects, 6 /d., stat. I, ch. 13; con- 
 firmed in Id., stat. 2, ch. 3 650 (n), 656 (a), 662 (n), 663 (a) 
 
 Of 13 Ric. II, stat 2, ch. I, part confirmed and part repealed by stat. 16 Id., 
 ch. 6 689 (n), 693 (n) 
 
 1397, repeal of pardons; 1397-8, by stat. 21 Ric. II, ch. 15, general pardon 
 (in consideration of a subsidy); exceptions 705, 709 (n) 
 
 In ijih century, as to pardons, the king's jurisdiction, and its limitations, 
 
 898 (and n) 
 
 In i6th century, "The King's general pardon," by stat. 14 and 15 Hen. VIII, 
 
 ch. 17, and 32 la., ch. 40 924, 1043 (a"*! n) 
 
 PARISH SYSTEM. Its organization 45, 108 
 
 PARLIAMENT. What led to it. Of it under Saxons and Danes ; and in Norman 
 period 44, 46, 48 (and n), 61, 180 (and n), 182 
 
 Of its name; where and how used in 1154 and 1175 425 (n) 
 
 When was the first admission of the commons and use of their counsels ; what 
 is the first occasion on which representatives appear to have been summoned 
 to a national council 246, 248 
 
 Of the ' Parliamentum Runimedie ;' the writ of June 22, 1226, for "summon- 
 ing of four knights of the shire;" the process whereby the national council 
 becomes the representative parliament 253, 305, 310 
 
 Peers early summoned to parliament. Proceedings of the body assembled in 
 Jan., 1242. Advance by the barons in 1244. The ' Parliamentum Runi- 
 medie' mentioned in a record of 28 Hen. Ill, 
 
 327, 328 (and n), 329, 330, 331, 425 (n) 
 
 Parliaments from 1246 to 1249. Summons to that in 1254. Quarrels in par. 
 liament and council in 1255 and 1256. Parliament at London in the spring 
 
l^xyEX.-^{ParHament.) 1171 
 
 of 1258 also stormy; in whose hands the King placed himself, 
 
 333. 334. 346. 347 (and n) 
 
 In June (1258) was assembled at Oxford, what the King's partisans caWei the 
 mad parliament. Passage then between the King and Roger Bigot, earl of 
 Norfolk 348 (and n) 
 
 Measures of three parliaments during time of provisional government — June, 
 1258, till spring of 1263. Stormy debate in that of Octo., 1263, 352 (and n,) 359 
 
 In 1265 Simon de Montfort's famous parliament 360, 361 
 
 Of the severe parliament at Winchester in Sept., 1266; and of parliaments from 
 1269 to 1272 363.374.37s 
 
 1275, statute of Westminster the 6rst — the work of first parliament of Edw. I — 
 almost a code by itself. 385 
 
 Method of proceeding in 4 Edw. I. Then the Lords and Commons sat together. 
 This session attended by the Bolognese lawyer. See tit. Accursius, and 388, '389 
 
 Title of earliest rolls of parliament extant. Business of parliaments of 1290; 
 and of 1291-2. Parliaments and statutes in 1293 414, 415, 421, 422 
 
 When and how was fixed the right of communities of shires and of towns to 
 representation in parliament and the need of consent to taxation, 423, 456,457 
 
 Uncertainty for a time as to whether the lawyers or the merchants should form 
 an estate of the realm 457, 458 
 
 Of institutions antecedent to the high court of parliament. Comparison of the 
 National Council which had been before, with that which remained at the end 
 of, the reign of Edw. I ; the three bodies or estates of which the parliamen- 
 tary assembly consists; its power not only of taxation and legislation, but in 
 other matters 466 to 470 
 
 1309, parliament in April ; and statute of Stamford 490 
 
 1310, struggle for supremacy; a commission superseding authority of Edw. II. 
 Six ordinances confirmed by the King in Aug., 1 3 10, and, with additional 
 ordinances, enacted by Parliament in Aug., 1311,491,492, 494 to 496, (and n) 
 
 As to parliament at York in 1318, see tit. Vori, and 512, 513 
 
 Parliaments of 1319, 1320, 1321 and 1322. This last (1322) was at York, and 
 
 repealed ordinances of 1311. What then was done as to the Despensers; 
 
 and declared as to their pursuers 513, 514, 515 
 
 -' Modus tentndi parliamenti,' " a fairly credible account of the state of par- 
 
 . liament under Edw. II." How he was deposed in 1326-7 Jan., 
 
 525,526,550,551 
 1326-7, Feb. 3, Edw. Ill met parliament; 1328 four parliaments, one of which 
 
 was at Northampton 526, 532, 533 
 
 1330, of " annual parliaments," stat. 4 Edw. Ill, ch. 14 542 (n) 
 
 Whether to 6 Edw. Ill is to be referred division of parliament into two houses, 551 
 One parliament in Octo., 1339, another in Jan., 1339-40; two houses in each of 
 
 these two parliaments; increased weight of the commons 563, 564 
 
 In parliament of 15 Edw. Ill (1341) proceedings as to ex-chancellor (John de) 
 
 Stratford, yet archbishop of Canterbury and a peer ; his victory secured to 
 
 the peers a privilege. Where the two houses of parliament sat in 17 Id. 
 
 (1343) 578. 579. 581 
 
 1336 to 1362 rolls of parliament lost. In 1362, 36 Edw. Ill, stat. I, ch. 10, 
 
 provides for a parliament every year 603, 606 
 
 Ordinance of 46 Id. Practice of which the first instance is in parliament of 47 
 
 Id 626,627 (andn) 
 
 In 1375, after death of Edward, Prince of Wales, his son Richard came before 
 
 the Lords and Commons. What is said of the parliament called to meet on 
 
 Jan. 27, 1376-7 627 to 629, 633 
 
 1377, in parliament of I Ric. II, proceedings of a judicial nature 640, 641 
 
 1381, after the riots, who declared the cause of the parliament. 1382, stat. 5 
 
 Ric. II, ch. 4, as to "summons" and "returns of writs to parliament," 
 
 65s. 658 (n) 
 What was claimed :by the peers and allowed m parliament of 1387-8. How 
 
 far its proceedings support its character — ' ParliamentuA sine misericordia,' 
 
 677 to 681 
 
1172 Index. — {Paming.} 
 
 1388, 12 Ric. II, ch. xi, "Expenses of knights of parliament"; how levied.. 
 21 Id., ch. 5. "Oaths, &c., of the lords shall be recorded on the j)arliament 
 roll and enrolled in chancery" ; Id., ch. 6, " Issue male of persons attainted 
 excluded from parliament" ; Id., ch.. 16, "Authority given by parliament to 
 
 certain commissioners to answer petitions" 683 (n), 708 (n), 709 (n)- 
 
 In 14th century how parliament advanced ; on what questions it gave its voice 
 under Edw. III. How far there was connection between Parliament and the 
 
 Chancery 717,718 (c), 726 
 
 1406, in 7 Hen. IV, oath required by the Commons from Lords of the council; 
 
 from the king's officers of his household and of all his conrts 757, 758 
 
 1420, 8 Hen. V, enactment that parliament should not be dissolved by the king's 
 
 return. Whether there was a new parliament in May, 1421 771, 772 
 
 1425-6, 4 Hen. VI, Parliament of bats or bludgeons 780- 
 
 In 1496-7, 12 Hen. VII, "no laws made to be remembered" ; tho' statutes 
 were enacted. During the last 13 years of the reign parliament but twice 
 convened. In 1503-4, 19 Hen. VII, ch. 7 is against certain acts or ordi- 
 nances, unless examined and approved by the Chancellor, Tre asurer and 
 
 Chief Justices ; 876, 877, 884,885 (and n). 
 
 In 15th century as to representation in parliament of shires and boroughs. 
 How acts of parliament were engrossed, published and proclaimed. ..659, 888 
 PARNING (Robert) before 14 Edw. Ill (1340), May 23. Then made a justice of 
 the Common Pleas ; July 24 became chief justice of the King's Bench ; Dec. 
 15, lord treasurer; 1341, Octo. 27, lord chancellor. While such he would 
 sometimes come in the Common Pleas to hear matters of law debated and 
 resolved. He continued chancellor till his death, in 1343, 
 
 558 (and n), 572 (and n), 573 (and n> 
 
 PARRET. Around its sources West Saxons settled 46 
 
 PARTICULAR JURISDICTIONS, "derogating from the jurisdiction of the 
 
 general courts of the common law." How to be taken 429 (and n) 
 
 PASSALEWE (or Passele), Robert, deputy treasurer to Hen. III..., 322 (and n) 
 
 , Simon, in 52 Hen. Ill, a baron of the Exchequer 369 
 
 , Edmund de. How employed from 16 Edw. I till 16 Edw. II; a baron of 
 the Exchequer thenceforth till the end of the reign, 322 (and n), 369, 521 (and n). 
 
 PASTON, Sir John. What was holden in 12 Edw. IV in his case 896 
 
 , John, " shrieve of Norfolk and Suffolk "; letter of May 19, i486, to him, 867 
 
 PATESHULL, Simon de, from 5 Ric. I until his death in 1216 227, 239, 243 (ny 
 
 , Walter de,fTom 3 Hen. Ill until his death in Aug., 1232 285 (n), 292 
 
 , Martin de, on the bench as early as 121 7, and thenceforth on judicial duty 
 
 till his death, in 1229. He was learned, wise, and a hard-worker; and 
 besides being in judicial was in ecclesiastical offices. In 1224 was the 
 judgment of him and his associates, at Dunstable, against Faukes de Breaute^ 
 
 290, 291 (and n), 321 
 
 , Hugh de (son of Simon), became treasurer June I, 1234; and in 1240 bishop of 
 
 Lichfield and Coventry; died Dec. 7, 1241 315 (and n), 326 
 
 PATENTS. Scirefacias to repeal 734 
 
 PAUL III, in 1534, succeeded Pope Clement 994 
 
 PAULUS Whether, with Papinian, in Britain 25 
 
 PAUPER, Roger. See tit. Roger. 
 
 , Herbert, in reign of Ric. I, bishop of Salisbury and a justice 227 
 
 As to suing in forma pauperis, see tit. Poor persons. 
 
 PAWLET (Sir Amias). Of him and Cardinal Wol?ey 927, 928 (and n) 
 
 PEACE AND DEFENCE. How Hemy I maintained peace. Under Ric. I 
 
 proclamation in 1175 for its preservation 158, 229 (n) 
 
 In what writ ancient methods of ensuring peace and defence were brought 
 
 together in 1252 337 (and n), 
 
 For ■ maintenance of the peace' provision in ordinance of 1 3 10; for its better 
 
 maintenance, stat. i Edw. Ill, ch. 15 494, 528 
 
 As to assigning^ persons "to keep the peace," stat. 4, Edw. Ill, ch. 2; justices, 
 of (he peace, 28 Id. In 1361, ch. I, that in every county "shall be assigned 
 for keeping the peace one Lord, and with him three or four of the most worthy 
 
iNUEX.— (Peach.) 1173 
 
 in the county." 542 (n), 598 (n), 604 
 
 "Time for holding sessions of the peace," 36 Edw. Ill, stat. i, ch. 12... 606 (n) 
 1377, I Ric. II, ch. 2, " the peace shall be kept and equal justice adminis- 
 tered 639 (n) 
 
 2 It/. (1378), who may be appointed justices of peace; and their fees 644 
 
 1415-6, 3 Hen. V, complaint for lying in wait to murder, and prayer for " writs 
 
 out of the chancery of the peace," granted. 766, 767 
 
 See also tit. Security of peace. 
 PEACH (John). Against him, proceedings in 1376,50 Edw. Ill; in 51 /of., par- 
 don for him contemplated 628(0), 635 (n) 
 
 PEADA, Icing of Southern Mercians 44 
 
 PEC (Richard de), a justice in reign of Ric. 1 208, 227 (n) 
 
 PECKHAM (John), in 1278, became archbishop of Canterbury. His opinions, 
 
 384 (n), 398, 481 
 
 PEERS (House of). Against whom they should not give judgment 541 
 
 See also tit. ffottse of Lords. 
 PEMBROKE. As to William Mareschall, before his investiture (in 1199), as earl 
 of Pembroke, see tit. Mareschall. 
 In John's reign, how entrusted and rewarded and his part at the time of Magna 
 
 Carta 235 (n), 239, 260 (arid n) 
 
 To this earl's care. Prince Henry was specially committed in 1212; and on 
 Henry's accession (in 1216), the earl is chosen rector regis el regni. Of the 
 sound policy of this great man; his death and burial in May, 12 19, 
 
 277 (and n), 280, 281 (and n) 
 
 Of his sons, William and Richard; of whom William became on his father's 
 
 death second, and Richard, on his brother's death, in 12^1, third earl marshal, 
 
 312,313 (andn) 
 
 Events thereupon until Richard's death, on April 16, 1234 313 to 315 (and n) 
 
 His brother, Anselm, \izs fourth earl till his death'. 314 (n), 330 (n), 349 (n) 
 
 As to the earl of Pembroke in 1312; and the earl in 1318, who was in the new 
 council, and when the king sailed for France, in 1320, became regent during 
 
 his absence 500, 512 (n), 513 
 
 In what part of the reign of Edw. Ill his daughter, Margaret, was married to 
 
 John Hastings, earl of Pembroke 610 
 
 In 1469, on July 26, at the battle of Banbury, the Yorkists led by the Earls of 
 Stafford and Pembroke being routed, the Earl of Pembroke and his brother 
 
 were taken and beheaded ,...826 (and n) 
 
 In 1461 and 1464 as to Jasper Tudor, earl of Pembroke, see tit. Tudor. 
 PENDA, king of Mercia ; his battles and death ; to whom his realm bowed in 827, 
 
 42, 43. 52 
 
 PENGWERN. Its name changed to Shrewsbury 51 
 
 PENNENDEN HEATH. Place of trial of suit by Lanfranc as archbishop of Can- 
 
 terbury against Odo as earl of Kent , 137 
 
 PENROS (John) before and after 1 39 1, Jan. 15 ; removed then from Irish to 
 
 English bench 690 (and n) 
 
 PERCEHAY (or Percy), Henry de. On Exchequer bench from 137S, Octo. 5, till 
 1377, Nov. 26. Thenceforth in Common Pleas till midsummer 1380, 
 
 615 (and n), 640, 641 (and n), 643 (and n) 
 PERCIE, Sir Thomas, in 21 Ric. II (1397), appointed by the bishops, their proctor 
 
 in parliament; and created earl of Worcester 70S, 707 (n) 
 
 PERCY, Robert de, a justice in John's reign 245 (n) 
 
 , /"^^^r (/«, a justice from 41 1047 Hen. Ill 341 
 
 , Henry, in 51 Edw. Ill, cooperating with John of Gaunt 635 
 
 , Another Henry in reign of Henry VIII, attached to Anne Boleyn ; destined 
 
 by his father for a daughter of the Earl of Shrewsbury. Whether there was 
 such contract betweeii Percy and Anne as could render invalid the marriage 
 
 of either of them to another 942, 1020 
 
 1526-7 became earl of Northumberland; 1530, Nov., arrested Cardinal Wol- 
 sey. Whether in or before 1536 Percy imputed to Anne "arrogance and 
 malice." He died on June 20, 1537, 943, 965 (and n), Ioo8, 1009, 103S, 1036 
 
1174 Index. — {Pericles.) 
 
 PERICLES. What is attributed to him by Thucydides 2- 
 
 PERJURY. As to it, extraordinary jurisdiction by stat. ii Hen. VII, ch. 25, 
 
 875, 876 (and n) 
 
 PERLUSTRANTES JUDICES. Term used by author of Dialogus 270 (n), 
 
 FERRERS, Alice. In 1376, 50 Edw. Ill, ordinance as to her. Whether she 
 took advantage of the king's weakness'; and whether pardon for her was con- 
 templated 628 (and n), 632,635 (nj 
 
 1377, I Ric. II, judgment against her; and observations on it 641 (and n) 
 
 As to subsequent pr6ceedings by her husband jointly with her, see tit. Windsor. 
 PESAIGNE (Anthony de), in 1331, Octo., with Richard de Bury, on a mission to 
 
 the Pope at Avignon 549 
 
 PESTILENCE. See tit. Plague. 
 
 PETER, abbot of Tewkesbury; in 9 Hen. Ill a justice; died in 1232 302 
 
 PETERBOROUGH. Its abbey in flames in or about 871 45. S8 
 
 PETER'S PENCE. The ancient Romescot, withheld in 1366 60^ 
 
 PETITIONS to the King, by the barons in June, 1258 348, 349 
 
 by all who had any grace to demand of the King in parliament or any plaint 
 
 io make of matters which could not be redressed or determined by ordinary 
 course of law, or who had been in any way aggrieved by any officer, 467, 468 
 
 ^—^^ of right, in 14th century.,... 736, 737 
 
 PETRARCH. With him Richard deBury was intimate at Avignon in 1331 549 
 
 PETTUS (Sir John), author of the ' Coiistitution of Parliaments' and of • Fleta 
 
 Minor' 726 
 
 PEVEISSEY (or Pevinsey), where, in 477, "the coast was guarded by a fortress"; 
 
 and where in Sept., 1066, William of Normandy landed., 33, 99- 
 
 PEVERELL (Hugh), in reign of Ric. I, a justice 227 (a> 
 
 PHARAMOND, under whom the Franks invaded France ; and whom they chose to 
 
 be their king loi 
 
 PHILIP, bishop of Durham, in 1196 227 
 
 —, king of France, in 1189 and 1204. Philip, the Fair, contrasted with Edw.^ 
 
 , 1 219,236,457,478 (n) 
 
 PHILIPPA of Hainault. Arrangement in 1325 for her marriage ; in 1327 married 
 at Valenciennes by procuration ; arriving in London Dec. 23, travelled to 
 meet Edward, who was then Edw. Ill, and on the Scottish border; 1327-8, 
 Jan. 24, at York, was married to him 522, 532 (and n) 
 
 The royal bride and bridegroom kept Easter at York, and settled in June at the 
 summer palace of Woodstock 532 (n) 
 
 1329-30, Feb. 28, the queen's coronation 539 (n) 
 
 1330, June 15, at Woodstock her firstborn, who afterwards became known as 
 Edward the Black Prince 539 (n). 
 
 1346, while the King is in France, the Queen is with the army against the Scots, 
 
 585 (n) 
 
 In 1369 she died, and was buried at Westminster 622 
 
 PHILLIPPES (Francis), of whose going into Spain, Wolsey wrote to the King July 
 
 19. 1527 947 (n) 
 
 PHYSICIANS AND SURGEONS. Acts concerning, in 3 Hen. VIII, ch. ii; 5 
 Id , ch. 6; 14 and 15 Id.; 32 Id., ch. 40, and ch. 42; 35 Id., ch. 8, 
 
 924 (and n), 1042, 1050 
 PICKERING (Sir James), Speaker for the Commons in 2 Ric. II, and 6 Id., 
 
 642, 662 (n) 
 PICOT, sheriff of Cambridgeshire in Norman period ; trial between him and Gun- 
 
 dulf, bishop of Rochester 138. 
 
 PICTS AND SCOTS. Their wars with Britons, written of by Gildas the 'wise. 
 
 About 685 their victory in Fife over Ecgfrith 20, 32, 33, 36, 46 
 
 PIKENOT (Robert), a justice in reign of Hen. II 2o6(n). 
 
 PIPARD, William and Gilbert, in reign of Hen. II, each a sheriff; Gilbert also a 
 
 justice. Of his position under Ric. 1 2o6(n), 208 (n), 226 
 
 PIRATES AND ROBBERS of the sea. For their punishment, stat. 28 Hen. VIII, 
 
 ch. 15 1, 102^ 
 
 PIUS THE SECOND, in 1459; his attempt "to reconcile the rival houses" in 
 
Index. — (^Plague.) 117& 
 
 England 812 
 
 PLAGUE in 1349, 144-5. '449 and 1528 589 (and n), 793 (n), 797 (n), 950 
 
 PLANTAGENET. Whence comes this title. Of Geoffrey Plantagenet, John de 
 Warenne (or Plantagenet), and in 1539 of "Margaret, mother of the Poles, 
 
 and the last of the Plantagenets," 161, 192 (and n), 220, 349 (d), 1030 
 
 PLATE. See tit. Money, and stat. 9 Edw. Ill 559 
 
 PLAUTUS (Aulius), subjugated a portion of Britain...., 17 
 
 PLEAS OF THE CROWN, furnished Grand Jury in 1194; by whom heard in 
 1195 ; who by Magna Carta are prohibited from holding same. ..228, 229, 256 
 PLEASINGTON. See tit. Plesyngton. 
 
 PLEGMUND, a Mercian, came to Alfred's court and was made Archbishop of 
 Canterbury. To him and other learned men Alfred ascribes his acquisition of 
 
 Latin 64, 65 
 
 PLESSETIS (John de). Whom he married in 1243; and under what circum- 
 stances he assumed the title of earl of Warwick. He was in 28 Hen. Ill 
 constable of the Tower of London; in 1 25 1 a justice; in 1254 seized and 
 imprisoned in Poictou ; and after being, in his latter years, sheriff, died in 
 
 1263 335, 349 (n) 
 
 PLESTE (Robert de), in 36 Edw. Ill, appointed to Exchequer bench 614 
 
 PLESYNGTON (or Pleasington), Robert de. From 1380, Dec. 6, Chief Baron of 
 the Exchequer. Ceased to be such on Nov. 5, 1386. In parliament in 
 
 1387-8. Died in 17 Ric. II (1393-4) 641 (n), 673, (and n), 677 (and n) 
 
 1397 (21 Ric. II) judgment against him, though dead 706 
 
 POER (Walter de) in reign of Hen. Ill 304 
 
 POICTIERS, Philip of, bishop of Durham; 8 to 10 Ric. I a justice 228 
 
 , Battle of in 1356 600 
 
 POLE, William de la, before 1339, Sept. 26. Afterwards second baron of the Ex- 
 chequer till June 21, when he was removed or retired 556 (and d) 
 
 He suffered from the King's indignities from 1340 to 1344; and for more than 
 20 years afterwards was highly in his favour. He died in 1366....569 (and n) 
 
 , Richard de la, arrested and imprisoned in 1340 5^9 
 
 , Michael de la, before 1383. Then he went to Rome to treat for the mar- 
 riage of Ric. II with Anne of Bohemia 657 (n) 
 
 How he and other merchants, in their shifts for the King, were injured ; and 
 how this example operated 658 (and n) 
 
 1383, March 24, constituted chancellor. Octo., opened parliament. How en- 
 gaged in discussion 663, 664 
 
 1384, at Salisbury, opened the first parliament in 8 Ric. II. Upon complaint 
 against him by John Cavendish judgment against complainant. Opening of 
 second parliament in same year 665 to 667 
 
 1385, Aug. 6, made earl 6f Suffolk and obtained a grant of lands of last earl. 
 How this was regarded by others 669 (and n), 670 
 
 Parliament opened by him in 1385, Octo., and 1386, Octo. On the 24th suc- 
 ceeded as chancellor by Bishop Arundel; and impeached. The charge 
 
 against him; the defence; and judgment 670, 671, 672, 673 
 
 Imprisoned in Windsor Castle ; but released therefrom by the King..673 (n), 675 
 Dangerous counsel from him and others. In 1387 charged with treason ; whither 
 he proceeded. Articles against him ; default recorded ; and sentence pro- 
 nounced 675, 676 (and n), 677 to 679 
 
 1389 Sept. 5 he died. Of bis wife and descendants 679 (n) 
 
 1397-8, by Stat, of 21 Ric. II, ch. 13, reversal of judgment against him ; and 
 
 restoration of lands to his heirs 709 (n) 
 
 ^^— John de la, earl of Lincoln, son of the Duke of Suffolk, and of sister of 
 
 Ric. Ill; to what he was nominated in 1484 860 (and n) 
 
 Reginald, before and in 1539. Then invested with the 'scarlet hat,' 
 
 1029, 1030 (and n) 
 POLITICAL changes coinciding with development of Roman power. In 1226 busi- 
 ness of the character oi political deliberation , 2, 306 
 
 POLL TAX, bad as enacted in 4 Ric. II (1380); worse in its execution; especially 
 among thetylers 649, 650 (and n) 
 
1176 Index.— (Pom/rei.') 
 
 As to the riots, see tit. jUiots and ; 650 to 652 
 
 POMFRET (or Pontefract) distinguished by tragical events. Richard II conveyed 
 thither in latter part of 1399, was dead Feb. 14. Earl Rivers, Sir Richard 
 
 Grey and others were beheaded there June 23, 1483 747, 852 (and n) 
 
 PONENDO INBALIUM. Writs of 295, 296 
 
 PONTEFRACT. See tit. Pomfrel. 
 
 POOL (or Poole) William, in 1417, appointed, and refused to be, a sergeant. As to 
 lands whereof Wm. de la Pool was seized in trust, enactment in 1421, 9 
 
 Hen. V 770, 772, 773 
 
 See also tit. Pole. 
 POORE (Richard) dean of Salisbury in 1197-8; raised to bishopric of Chichester 
 Jan. 7, 1215 (iB John); translated to Salisbury about June 1217 (i Hen. III). 
 As bishop he was in 3 Hen III (1218) at the head of justices itinerant for four 
 counties. He was advanced to the see of Durham in May 1228 and died 
 April 15, 1237, with the character of a man of sanctity and. science, 
 
 287, 288 (and n) 
 POOR PERSONS. In 1495, stat u Hen. VII, ch. 12 for suing in /orma pauperi's, 
 
 874 
 POPES OF ROME. Of their claims some were disallowed by Will. I. In 1247 
 new protests against papal exactions. Alienation from papal institutions con- 
 tinued during reign of Hen. HI. Not otherwise under Edw. I. In 1301 
 Parliament denied the jurisdiction assumed by the Pope to adjudicate upon 
 
 the King's temporal rights 134, 135,333.363. 398,43^.433 
 
 What was done in 10 Edw. Ill with papal messengers ; and in 18 Jd. (1344) 
 with instruments brought from Rome and as to the deanery of York, 
 
 572(0), 583 (andn) 
 
 In 1351-2, 25 Edw. Ill, Stat. 5, ch. 22, "penalties on purchasing provisions at 
 
 Rome for abbies'or priories." In 1364-5, in parliament, Edward himself 
 
 made the speech which led to the enactment of 38 Edw. III. In 40 Id. (1366) 
 
 the parliament unanimously "repudiated the burden of papal superiority 
 
 which had been undertaken by John." 594 (a), 608, 609 
 
 In 1527, when troops had entered Rome, pillaged it, and besieged the Pope, 
 Charles V disavowed participation. What was provided this summer in 
 
 treaty between England and France 938, 939, 945, 946 
 
 '533. Dec, plan of English council as to the pope. 1533-4, Jan., what the 
 English premier wrote to France of the pope. " Payment of annates, &c.," 
 restrained by act of 25 Hen. VIII, ch. 20. Further by Id., ch. 21, " for the 
 
 exoneration from exactions" 991, 992, 993 
 
 '533-4, March 23, as to the relations of Hen. VIII and Katharine, (he pontifl's 
 position; 1534, decisive measures by English parliament. Observations upon 
 
 the contest 994, 995 
 
 1536, Stat. 28 Hen. VIII, ch. 10, "extinguishing the authority of the bishop of 
 Rome." Id., ch. 16, "for the release of such as have obtained pretended 
 
 licenses and dispensations from the See of Rome." 1025 
 
 POPHAM (Sir John), in 1449, presented for Speaker but excused 797 
 
 PORPHYRIUS. His works; quotation therefrom in 21 Edw. 1 414 (and n) 
 
 VOKT, Henry de ; itinerant justice in 31 Hen. 1 158 (n) 
 
 , Adam de : a justice in John's reign 245 (n) 
 
 , Sir John ; in 1535, one of the commissioners lo try Sir Thomas More, 997 (n) 
 
 PORTS, at which, persons going beyond Sea were to embark in 1389-90, 13 Ric. II, 
 
 under stat. 1, ch. 20 688 (n) 
 
 See also tit. Cinque Ports, and 449 
 
 POSSE COMITATUS, which, according to Ma^na Carta, elected knights.... 272 (n) 
 
 POSTEA. What under stat. Westm. 2, ch. 30, is so-called 405 (and n) 
 
 POTERNA (James de), in reigns of Ric. I, John and Hen. III. His conduct in 
 controversy between King John and Geoffrey Plantaganet ; died in 5 or 6 
 
 Hen. Ill 228 (n), 240, 243 (n), 247 (n), 284 (n) 
 
 POWELL (Edward), in 1540 named in act of 32 Hen. VIII, ch. 40, | 10... 1043 (andn) 
 
 POWER (Walter), in and after 1336; a clerk or master in chancery from 25 to 47 
 
 Edw. Ill (1351-1373); the first of four who in 1371 had custody of Great 
 
Index. — {Powys.) 1177 
 
 Seal during the chancellor's temporary absence '...624 (and n) 
 
 TOWYS, King of, in 779, driven from his capital 51 
 
 POYNING'S LAW. See tit. Ireland. 
 
 POYNTON (Alexander de), in John's reign a justice 244 (n) 
 
 POYNTZ (Sir Francis), in 1527 sent as ambassador to Charles V 938, 939 
 
 POYWICK (William de), in 46 and 47 Hen. Ill a justice itinerant; in 50 la. raised 
 to the bench. Entries of assize to be held before him (and another) extend 
 
 to Aug. 1267 358, 359 (andn), 369 (and n) 
 
 PRECIPE. Writ of in John's time 2s6(n) 
 
 PR^MUNIRE. First statute of in 1353, 27 Edw. III. In 38 Id., new statute of; 
 1392-3, 16 Ric. II, ch. 5, imposing penalty for obtaining bulls or other instru 
 ments at Rome. Observations on the statutes of prjemunire and provisors, 
 
 595. 608, 692, 693 (and n), 694 (and n) 
 
 PR^TOR in a Roman province under Lex Provincice 4, 1; 
 
 PRASUTAGUS, king of the Icenians 18 
 
 PREROGATIVE. The Statute 'of the Kiigs'; 17 Edw. II (1224) 519 (n) 
 
 What was prayed and granted in 1390, 14 Ric. II 689 
 
 PRESCRIPTION. Limitation by, under stat. 32 Hen. VIII, ch. 2 1041 
 
 PRESTON (Gilbert de), in 1240 sent through southern counties as a justice; on the 
 bench from 26 Hen. Ill till end of the reign. Gradually advanced until he 
 was the head of one of the commissions. His salary, 
 
 327 (and n), 337 (and n), 340 (n), 374 
 
 In 1258, on Octo. 3, the second of three assigned 'ad tenendum bancum regis' 
 
 at Westminster. Of him in 1263 and 1268. In 1269 he had a grant of too 
 
 marks annually for his support in officio justiciaria. He had the title of 
 
 chief justice; when it was first applied to him; it was of the King's Bench, 
 
 354. 373 ("). 374. 379. 380 (and n) 
 
 PRIESTS. In 1362, 36 Edw. Ill, stat. i, ch. 8; and 1376, 50 Id., ch. 5, against 
 
 arresting during divine service. Penalty therefor in 1377 by stat. i Ric. II, 
 
 ch. 15 605, 630 (o), 640 (n) 
 
 PRIMATE. Nice distinction between Primate of England and Primate ot all Eng- 
 land 600 (n) 
 
 PRINCIPAL AND SURETY. See tit. Z>«AA 
 
 PRINTING with moveable type; when in operation. Before^ or in 1455, the Latin 
 
 Bible printed; in 1467 the Constitutions of Clement V goi, 902 
 
 1533-4, stat. 25 Hen. VIII, ch. 15, as to " printers and binders of books," 
 
 992 (d) 
 "PRISON called the Fleet. In 1295, 23 Edw. i, "Statute of breaking prisons," 
 
 403 (d), 423 (n) 
 PRISONER. What is not lawful unless in his presence and hearing..297 and 298 (d) 
 PROBATE OF WILLS. Jurisdiction thereof; in Anglo-Saxon times ; in Norman 
 
 period; and in 15th century. 177, 905, 906 
 
 PROCEDURE, judicial. In 1318, to improve it, 'The Statute of York.' About 
 13 Edw. Ill case wherein, before final judgment, there were proceedings in a 
 higher tribunal and a writ sent to court below to give judgment. Pertinent 
 thereto is the first statute of 14 Edw. Ill (1340), ch. 5, 
 
 512, 513, 564, 565 (and n), 566 (and n) 
 Which is to be observed according to 2 Ric. II ; and in 9 Id. is recited in a 
 
 commission to 13 commissioners, 566 (n), 645 
 
 1347-8, on complaint that in court below judgment is too long delayed, what 
 
 tile King answered .' 587 
 
 1389, May I, Mr. Petyt's report on delays of judgments, &c 566 (n) 
 
 PROCESS IN CIVIL CASES. What is insufficient to put a man out of his free- 
 hold, 'i Ric. II. Before whom he shall answer of it 644, 645 
 
 As to exception of non tenure of parcel, 25 Edw. Ill, stat. 5, ch. 16 594 (n) 
 
 " Action of debt and account shall be brought in their proper counties." 6 Ric. 
 
 II, stat. I, ch. 2 662 (n) 
 
 "Of process in debt, detinue and replevin." 25 Edw. Ill, stat. 5,ch. 17, 594 (n) 
 
 That by ancient terms and forms no man be prejudiced, "so that the matter of 
 
 the action be fully showed in the declaration and in the writ." 36 Id., stat. i. 
 
1178 Index. — (^Process in Criminal Causes^ 
 
 ch. 15 606 
 
 In cases against the king's debtors, 25 Id., stat. 5, ch. 19 594 W 
 
 Of "such as demand land against the king" ; when they shall be answered. 
 
 2 Ric. II (1379) 646 
 
 PROCESS IN CRIMINAL CAUSES. Against persons indicted of felony. 25. 
 
 Edw. Ill, Stat. 5, ch. 14 '. 594 
 
 For 'surety to pursue' a person's 'suggestion.' 38 Id 009 ("r 
 
 As to ' challenging for caused see that title. 
 PROCLAMATIONS. 31 Hen. VIII, ch. 8, "an act that" those "made by the 
 King should be obeyed" ; 34 and 35 Id., ch. 23, act for their "due execu- 
 tion." Observations upon the submissive paxliament 1032, 1050- 
 
 PROCONSUL. See tit. Pra;tor. 
 
 PROCTOR OF THE CLERGY, in 21 Ric. II (1397), Sir Thomas Percie ; m 
 
 1397-8, Sir William le Scroop 7°4. 707 
 
 PROHIBITION from a Superior to an inferior court exceeding its jurisdiction. 
 " Who shall have a prohibition formed in, the chancery." 1 Edw. Ill, ch. 11. 
 
 Also of prohibilions 50 Id., ch. 4 527, 528, 630 (n) 
 
 PROTECTIONS. In 33 Edw. I "a statute allowing"; i Ric. II, ch. 8, of "Pro- 
 tections with the clause volumus" ; 13 Id. stat. i, ch. 16, of other protec- 
 tions 433 (n), 640 (n), 688 (n). 
 
 PROTHONOTARY, one of the masters in chancery 727 
 
 PROVINCIAL DIVISIONS, known as shires; divided into hundreds and then 
 
 into tythings 62,111 
 
 Of townships ; shire (or county) communities ; and town communities, 
 
 108, 109, 453 to 456. 
 At what date and in what mode was 6xed the right of communities of shires 
 
 and of towns to representation in parliament 456, 457 
 
 PROVINCIAL PREFECTS in Alfred's time 62 
 
 PROVISIONAL GOVERNMENT from June 1258 until the spring of 1263: the 
 ordinances known as the provisions of Westminster. ...348, 349, 352 (and n). 
 PRO VISORS, of benefices. Thereof statutes of 25 Edw. Ill (stat. 4) and 1362; 
 re-enacted in 1389-90. by 13 Ric. II, stat. ^, with additional safeguards. Ob- 
 servations upon the statutes 593 (n) 689, 694 (n). 
 
 PRYNNE (William). His language as to ordinance in 46 Edw. Ill 626 
 
 PUBLIC OFFICERS. Alfred the Great compelled them to perform their duties. 
 Hen. II enquired into their receipts; and whether they had taken bribes or 
 
 hu-h money 62, 20l 
 
 Under Magna Carta what they are to pay for; what they are not to seize, take 
 or hold. Justices, constables, sheriffs or bailiffs to be only of such as are know- 
 ing in the law and disposed to observe it 256 (n)i 257 
 
 Provision of stat. Westm. I in ch. 26 that " nor sheriff nor other the king's officer 
 take any reward to do his office" ; and in ch. 30, as to " officers," &c. "taking 
 money wrongfully." Further provision in stat. Westm. 2, ch. 49, 
 
 386 (and n), 387 (and n), 407 (and n). 
 1377 against gifts to officers; and "that none of the parliament be appointed 
 
 collectors of anything granted now." 639 (n), 
 
 1388 12 Ric. II ch. 2 that " no officers shall be appointed for gifts," Sr'c, highly 
 
 commended by Ld. Coke .'. 6S2, 683 (and n) 
 
 1393-4, 17 Ric. II ch. :o, of certain officers who "shall not hold their offices 
 
 for life or years" 695 (n), 
 
 1423 2 Hen. VI ch. 10, clerks and ministers to be sufficient, faithful and attend- 
 ing to that which pertaineth to the business 777 
 
 1491 stat. 7 Hen. VII, ch. II authorizing' the chancellor to commit a person 
 taking reward ' for sparing or forbearing to make' a person collector of the 
 
 fifteenths and tenths ; 872 (n), 
 
 PUBLIUS OSTORIUS SCAPULA, sent to Britain; what he did 17 
 
 PUDSEY. See tu. Fusar. 
 
 PULAN (Robert) the Briton, lecturing at Oxford in reign of Hen. 1 166 
 
 Variously written " PuUen or PuUain or Pulley or Puley or BuUen, or PuUy." 
 
 3 Fuller's Worthies edi. 1840. p. 12; Watkins's Biogr. Diet. edi. 1822, tit.. 
 PuUen or PuUas. 
 
Index. — {^Purveyance?) 1179 
 
 PURVEYANCE. Custom of, abolished by Canute. What was the mischief before 
 
 Stat. 28 Edw. I, ch. I ; and 3 Edw. II, statute of Stamford 89, 429, 490 
 
 In reign of Edw. Ill the following statutes : 4 Edw. Ill, ch. 3 and ch. 4 ; 5 Id., 
 ch. 2; 10 Id., Stat. 2; 14 Id., Stat. 1, ch. 19; Id., stat. 4, ch. I ; 25 Id., stat. 
 5, ch. I; 2% Id., ch. 12; 1361, ch. 2 and 3. At the custom of purveyance 
 blow struck in 1362 by 36 Edw. Ill, stat. I, ch. 2 to 6, 
 
 542 (n), 547 (n), 559 (n), 567 (n), 592, 593, 598 (n), 604 (n), 605 (n) 
 In reign of Ric. II, from i to 7 (1377 to 1383), the following: I Ric. II, ch. 3 ; 
 
 6 Id., stat. 2, ch. 2 ; 7 Id., ch. 8 639 (n), 663 (d), 664 (a) 
 
 PUSAR (or Pudsey), Hugh, in reign of Rich. I, bishop of Durham and earl of 
 Northumberland ; in the chief justiciaryship with another, yet kept long in 
 
 forced retirement. Died March 3, 1195 216, 220, 226 
 
 PYNCHEBEK (Thomas), in 1388, April 24, made Chief Baron. Probably died in 
 or before May, 1389 681 (and n), 685 
 
 QUARE IMPEDIT. Inquisitions of, under stat. Westm. 2, ch. 30 405 
 
 QUEENBOROUGH CASTLE, erected between 1361 and 1367 under direction of 
 
 William of Wykeham 620 (n) 
 
 QUIA EMPTORES. Principles of stat. Westm. 3, enacted in 18 Edw. I by a 
 
 council (without representatives of the Commons) 279, 415, 467 (and n)- 
 
 QUIBUSDAM CERTIS DE CAUSAS. Writs of 687, 767 
 
 QUINCY (Saherus de), earl of Winchester; in John's reign a justice; in 1215 sent 
 
 to France to offer the English crown to a son of Philip 246, 263 
 
 QUO WARRANTO. Statutes of in 6 Edw. I and 18 Id 392, 393 (and n), 415 
 
 RADCOT BRIDGE, where De Vere, duke of Ireland, fought in 1387 676 (n) 
 
 RADECLYVE (Thomas de), in reigns of Edw. II and Edw. Ill; a justice itinerant 
 
 and sheriff in 4 Id. 538 (and n) 
 
 RADENHALE (John de), in and after reign of Edw. II; a justice itinerant from 
 
 1329 till 7 Edw. Ill 537, 538 (d). 
 
 RADESWELL, Robert de, in 18 Edw. 1 414 
 
 , yohn de, in 18 Edw. II ; a baron of the Exchequer from Sept. I, 1326, till 
 
 end of the reign 523 (and n) 
 
 RADULF (Earl), in reign of Edward the Confessor 93 
 
 R^DWALD (or Redwald), king of East Anglia 42 (n), 43 
 
 RAGEMAN. In 4 Edw. I (1275-6), as to justices, statute called Rageman.... 389 
 RALEIGH (or Radley), William de, an ecclesiastic ; in 14 John, pursuing the study 
 of the law ; in reign of Hen. Ill filling other offices before being a justicier, 
 
 291 (n), 303, 304 (and n), 321 
 
 Opened parliament in 1237. Of his discourse then ; and his high character;. 
 
 elected to two bishoprics; 1239, accepted that of Norwich; consecrated Sept^ 
 
 25 303, 304 (and n), 322, 323 (and n), 324 
 
 When selected for see of Winchester ; how long the see remained vacant ; when 
 his nomination was confirmed ; and when the bishops were represented by 
 
 him and others 329 (and n), 330 
 
 His opinions and conduct. He died at Tours in 1249 481 (and n) 
 
 RALF (or Ranulpb) the Flambard. His character and offices. How called by 
 Henry of Huntingdon. Whether entitled to be called the father of English 
 lawyers, or law writers. Whether chancellor in reign of Will. II, 
 
 145, 146, 147 
 Of his commitment to the Tower (by Hen. I) and his adventurers ; his restora- 
 tion to bishopric of Durham; and his works. In I2i8,his death 152, 153 
 
 RALFE (Thomas), in 1417, appointed, and refused to be, a Serjeant 770 
 
 RALPH, arch-deacon of Colchester, a justice in reigns of Hen. II and i Ric. I, 
 
 210 (n), 218 (n) 
 
 , arch-deacon of Hereford, a justice in 33 Hen. II ; also in 7, 8 and 9 Ric. I, 
 
 210 (q), 227 (n), 
 
 RAMSEY (Abbot of), in John's reign a justicci 246(0) 
 
 RANDOLPH (Abbot of Reading), in 5 Hen. Ill a justice; when he died. .. 290 (n). 
 
 RANDOLPH (John), in 13 Edw. I ; connected with the Exchequer. As to what 
 
 he was a commissioner. In 30 Edw. I a justice. Of his employments till 
 
1180 Index. — {Ranulph.) 
 
 4 Edw. Ill 441, 442 (and n), 490 (and n), 537 (and n) 
 
 RANULPH, sometimes called Arnulph, a chaplain of Hen. I; chancellor from 
 
 1 107 to 1123 .""fS* 
 
 , in 10 Ric. I (in or about 1199), treasurer of Salisbury church and a justice, 
 
 228 (n) 
 
 iRAPE. 1382, Stat: I, ch. 6 662 (n) 
 
 RASTALL (John), Lawyer and printer; brother-in-law of Sir Thomas More, 1035 (a) 
 iRATCLIFFE (Sir Richard), in 1483, with letter of June 10, starting for York ; 
 
 15 reached there; what was ordered ^...850 (n), 852 
 
 RATES OF LANDS. Of satisfying the King thereof, 28 Edw. Ill, ch. 4, 598 (n) 
 
 RAVENSER, Richard de, and his brother Tohn 694 (and n) 
 
 The Great Seal held by Richard and two other clerks during the chancellor's 
 temporary absence from 1377, May 4, till the king's death; and in 1386 from 
 
 Feb. 9 to March 28. Of his death and burial 634, 636, 671, 674 (n) 
 
 1393, John's appointment; when he died 694 (and n) 
 
 READING (or Reding), in 871, place of battle with Danes S8 
 
 In 1452-3, parliament opened within its abbey. Afterwards parliament there 
 
 in Nov., 1467, and May, 1468 802 (and n), 825 
 
 RECEIVERS. See tit. Collectors and Receivers. 
 
 RECORDS. As to " averment against the record in a writ of false judgment," 
 
 Stat. I, Edw. Ill, ch. 4 527 (n) 
 
 " Justices of assize, &c., shall send all their records determined into the Ex- 
 chequer." 9 /</., ch. 5 .■ 559 
 
 . " Defective by misprision of clerks amendable." 14 Id., stat. I, ch. 6, 566 (n) 
 
 In 1416 proceeding for amending 7^^ 
 
 REDING. See tit. Reading. 
 
 REDMORE, Field of; scene of battle Aug. 22, 1485 862 (n) 
 
 REFORM. Scheme of in 1244 ' 331 (n) 
 
 REGIME which produced suffering and hatred; the wish to escape from it 2 
 
 REGINALD (or Raynald), in time of Edw. I and on accession of Edw. II; 1307, 
 
 Aug. 22, appointed treasurer 484 (and n) 
 
 1308, April, became bishop of Worcester ; 1310 resigned treasurership ; attained 
 
 the Great Seal; and lent ;!fl,oco to the King 493, 494 (and n), 497 
 
 1314, became archbishop of Canterbury; ceased to be keeper of the Seal, 
 
 497. 501 
 9 Edw. II, at Lincoln, preferred articles, which, with the answers, are the 
 
 ■Articuli Cleri' 508 
 
 1327, Nov. 16, died; buried in Canterbury 497 (n) 
 
 REGISTER. A book of great antiquity and authority in law, 
 
 403 (and n), 458, 459 (and n) 
 REGISTER {or Registrar), an officer of Ecclesiastical court ; and of the Chancery, 
 
 912,914 
 
 REINBALD, Chancellor of Edward the Confessor 906 
 
 REINGER (or Renger), Richard, in reign of Hen. Ill; died soon after 16 Id., 
 
 308 (n) 
 
 jfohn, a baron of the Exchequer in 42 Hen. Ill; died in 53 Id 342 (n) 
 
 When he and his brother Matthew were pledges for peace of London. ,.% 342 (n) 
 
 •REINY (John de) in 9 Hen. Ill a justice; when he died 302 (n) 
 
 RELIGION. During three first centuries Christianity lived beyond the action of 
 
 the state. Its influence in England through Roman missionaries 2, 3, 40 
 
 Statute de Religiosis. How it was prefigured; how amended by stat. 
 
 Westm. 2 i, 279, 299, 398, 401, 402 (n), 692 
 
 35 Edw. I ' Statute of Carlisle,' called by L'd Coke ' Statutum de asportatis 
 religiosorum ' / confirmed by stat. 4 Edw. Ill, ch. 6. See also tit. Mortmain, 
 
 435 (and n), 542 (n), 691, 692 (and n) 
 27 Hen. VIII, ch. 28, as to " religious houses of ' monks, chanons and nonnes,' " 
 
 1007 
 32 Id., ch. 26 "Concerning Christ's religion"; 34 and 35 Id., ch. i, "act for 
 the advancement of true religion, and for the abolishment of the contrary," 
 
 1041, 1050 
 
Index. — {Rents.) 1181 
 
 RENTS. " For recovering of arrearages by executors and administrators," stat. 3a 
 
 Hen. VIII, ch. 37 1042 
 
 REPLEVIN. Stat. 21 Hen. VIII, ch. 19, of avowries 977 
 
 REPRESENTATION. Development of its principle ; gradual enlargement of its 
 
 sphere 229, 231, 232 
 
 As to " the first representative assembly on record " ; an omen of the institution 
 
 of representative parliaments 249 (n)- 
 
 Whence Mr. Stubbs traces the growth of the principle ; extension of its use in 
 
 1220 and 1226 272, 282, 305, 306 
 
 In 1265 the great feature of Simon de Monlfort's famous parliament. How the 
 shires were represented in 1267 in the assembly (of 52 Hen. Ill) that passed 
 
 the statute of Marlebridge 360, 361, 367 
 
 In this 13th century, growth of representative system in constitution of church 
 councils. What was acquired in 1294 by the clergy and the counties. Of the 
 date at which, and the mode in which, was fixed the right of the communities 
 
 of shires and towns to representation in parliament 423, 456, 457 (and nV 
 
 In 15th century, the representation in parliament of shires and boroughs 888 
 
 Also in 1 6th century. What counties and boroughs returned members in 1509. 
 In 1542-3, 34 and 35 Hen. VIII, ch. 13, "act for knights and burgesses to 
 have places in the parliament for the county palatine and city ol" Chester." 
 Observations by Mackintosh Upon the principle of this and other acts, giving 
 
 parliamentary representation in Wales 923, 1050, 1051 (and n)- 
 
 RESTRAINT of alienation, to what extent in 1217 ; of liberty forbid, in 1225 ; in 
 1363, of trade to some extent by act of 37 Edw. Ill, ch. 6 ; this last found 
 prejudicial; at next parliament, people made as free Jis before (hat act, 
 
 279, 296 (n), 608 
 
 RETFORD, Robert de, summoned to parliament among the judges ; in and after 
 
 23 Edw. I; a justice itinerant in 24 Edw. I, and of trailbaston in Feb. 1307. 
 
 How employed in reign of Edw. II 424 (and n), 445 (n), 490 (and n) 
 
 , William de, in 23 Edw. Ill called clericus ; when appointed keeper of great 
 
 wardrobe ; 1354, Nov. 27, made a baron; 32 Edw. Ill, a justice of assize, 
 
 595 (and n) 
 
 RETURNS of money levied , 559 (n) 
 
 which are false. Stat. 28 Edw. I, ch. 16; "averment against" Stat. I Edw. 
 
 Ill, ch. 5; in proceeding against officers therefor, i Hen. VIII, ch. 8, 
 
 432, 527 (n), 923 (and n). 
 
 REVENUE of England in 15th century 887, 888 
 
 REVERSIONS. Of attaint or writ of error for reversioner on false verdict or erro- 
 neous judgment against particular tenant. How, in case of covin by such 
 tenant, the reversioner shall recover, under stat. 9 Ric. II, ch. 3. How, in 
 suits against particular tenants, the reversioner may, under 13 Id., stat. I, ch. 
 
 17, be received to defend his right '. 670 (d), 688 (a) 
 
 Stat. 34 Hen. VIII, ch. 34, of " grantees of rever.sions " ; stat 34 and 35 Id.,. 
 ch. 20, " to enbarre feigned recoveries of lands wherein the King's Majesty 
 
 is in reversion " 1042, 1050- 
 
 " REVIEW OF CENTURIES." See ante pp. 1095, 1096, tit. Centuries Re- 
 viewed. 
 
 REVOLUTION, coinciding with development of Roman power 2 
 
 REX MARIUM BRITANNIA. Edgar,* about 973, on a long cruise, wherein 
 his power was displayed. Had a great fleet at Chester, where eight kings 
 
 repaired to do him homage 80 
 
 REYGATE (John de), an escheator from 52 Hen. Ill to end of the reign ; a jus- 
 ticier from May, 1269, to Aug., 1271 ; what in the next reign until 12 Edw. I, 
 
 372 (and n), 381 (and n). 
 
 * Popys, in Ub Diary, under date of 1665, April 16 (pp. 237, 238 of %. modem reprint), has the fol- 
 lowing : 
 
 "Captain Taylor can, as he saye, shew the very original charter to Worcester of King Edgar's 
 vhereiD be. styles himself 'IRex Marhan Britmmix, &c.' ; which is the great text that Mr. 8elden and. 
 others do quote." 
 
1182 Imy&yi..— {Reynold:) 
 
 REYNOLD, Abbot of St. Peter's in Gloucester county ; in parliament of 29 Hen. 
 VI (1450), petition against him ; Dec, made bishop of Hereford, 
 
 801 (and n), 802 
 See ante p. 1180, tit. Reginald \ox Raynald). 
 
 RHINE. Land to it from the Weser held by Saxons 32 
 
 RHUDDLAN, where in 1283, 1 1 Edw. I, were drawn up ' Statutes of Wales' and 
 
 'Statute of Rhuddlan' 4°° 
 
 What Edw. I is said to have there promised the Welsh 4°° (°) 
 
 RICH, Edmund, in 1234, new primate; in great struggle of the century, 
 
 3'4, 379 to 381 
 
 , Richard, the Solicitor-General. What evidence he gave at trials of Bishop 
 
 Fisher and Sir Thomas More ; what Anne Ascue says of ' Master Rich', 
 
 996, 998, 999, 1058 (n) 
 
 RICH AND POOR, to possess in peace what they have rightfully acquired 80 
 
 RICHARD, a chaplain of Hen. I, sometimes kept the seal. What he may have 
 
 been before he was bishop of Hereford. Of his death and burial 154 (n) 
 
 , Archdeacon of Wilts, one cf the custodes of See of Exeter ; acted as a jus- 
 tice .- 210 (n) 
 
 RICHARD I. Where at his father's death ; and who acted in his absence ; his 
 
 coronation Sept. 3, 1189 214, 215 
 
 His not appreciating official duty; and selling offices 215 
 
 On his departure from England by whom accompanied with a Great Seal. How 
 in a shipwreck the Seal was lost for a time. In the isle of Cyprus in 1 191, 
 
 his marriage to Berengaria and her coronation 218, 219 
 
 His sickness in Asia, truce with Saladin, embarcation on the Mediterranean, and 
 
 imprisonment in Austria 222, 224 
 
 In the spring of 1 194 his return to England; Great Council in Nottingham ; and 
 his second coronation. What was done with sheriffs who had taken part in 
 
 Longchamp's removal 223, 224, 225, 226 (and n) 
 
 In May (1194) his departure, accompanied by Eustace with the Great Seal....226 
 In 1 198, in a council of barons, denial of his demand of force for war out of 
 
 England .^. 230, 231 
 
 Whether he had any part in laws of Oleron, or did anything to improve mara- 
 
 time law 232 
 
 His death April 6, 1399. Of him as a king.... 233 
 
 RICHARD, CALLED EARL RICHARD, brother of Hen. Ill, 
 
 328, 329 (n), 338 (n), 344, 347 
 In 1256 chosen, and in 1257 crowned, king of the Romans; in 1271 died Dec. 
 
 12 ; his son assassinated March 3 373, 374 (and n) 
 
 RICHARD, GRANDSON OF EDW. HI. Whose son; when and where born. 
 After his father's death came before the Lords and Commons in 50 Edw. Ill 
 (1376). Soon made Prince of Wales. In 51 Edw. Ill, letters patent to him 
 
 to begin the Parliament 629 (and n), 631 to 634 
 
 RICHARD II. This boy, not more than eleven years old, was crowned in 1377, 
 on July 16; on the 17th a standing council chosen; the king's mother acting 
 
 as guardian 637, 638, (and n) 
 
 In Octo., in parliament, petition " to name " therein persons to be " resident 
 about the affairs of the king and realm " ; how far assented to. Nine other 
 councillors chosen for that year. Who, during the King's minority, shall 
 choose the chancellor, treasurer, steward and chamberlain. None duly de- 
 prived from the council in time of E. HI to be restored to be about the King's 
 
 person 639 (and d) 
 
 1378, 2 Ric. II. Of bringing up the King; 3 Id., what the commons required, 
 
 and what commission was appointed 644, 647 (and n) 
 
 In riots of 1 38 1, the King's presence of mind; his delivering charters of eman- 
 cipation ; and his other steps to crush revolt. How there was a commission 
 
 for reform of the household 651, 652, 657 (andn) 
 
 1386 (to Ric. II) Parliament dissatisfied with the King's ministers, especially 
 with the chancellor. Statute, embodying commission of Nov. 19, naming 
 eleven to act in conjunction with new Chancellor, Treasurer and Privy^eal. 
 
Index. — {Richard, Duke of Gloucester^ 1183 
 
 The King's protestation. Mandate of Dec. l, 1386, under Great SestI, 
 
 674 (and d) 
 
 The King listened to dangerous advice. Against the unfortunate advisers, 
 charge (in Nov., 1387) of treason; and proceedings thereupon. 1387-8, stat. 
 II Ric. II 675 et seq., 680 (n) 
 
 1389. May 3. How Richard was told his age and changed the administration. 
 Octo. dispute in the council. Nov., apparent reconciliation; composition of 
 the council not now one sided 683 to 686 
 
 Of Richard's character; the beneficial influence of good councillors; his course 
 during his marriage with Anne; and the diiferent course after her death, 
 especially after his aUiance with Isabella. See p. 1075, tit. Anne of Bohemia ; 
 p. 1141, tit. Isabella, daughter of Charles VI, and 697 to 699 
 
 1397, 20 Ric. II. As to "expenses of the King's house," complaint which 
 offended him; judgment against the offender; what followed, 
 
 702, 703 (and n), 704 
 
 As to proceedings in parliament of II Ric. II; opinions thereof by certain 
 judges approved, and those proceedings repealed in 21 Id. (1397-8), 
 
 708 (and n), 709 
 
 Richard's " interference in the elections of i^gy was one of the grounds of his 
 deposition" 890 (n) 
 
 Events in 1399 until he was placed in the Tower. How there was an end ; of 
 
 his reign in Sept'r, 1399 ; of his life, Feb. 14 following, 715, 716, 747 (and n) 
 
 RICHARD, DUKE OF GLOUCESTER, born Octo, 2, 1452, in Fotheringay 
 
 castle 854 
 
 Of his marriage; the grants to him; and the birth of his son 836, 838 to 841 
 
 One of those who encouraged Caxton's press 904 
 
 1483, upon death of Edw. XV, set out for London. Persons met at Northamp- 
 ton, and arrested near Stony Stratford 847, 848 
 
 May 4 entered London ; soon proclaimed Protector. His acts before and on 
 June 14, as to Lord Hastings, Bishop Morion and Archbishop Rotheram ; and 
 to prevent meeting of Parliament 848 to 851 
 
 Acts of him, his aiders and abettors in June, from 15 to 25. How he ended the 
 
 reign of Edw. V, and made himself king 851 to 853 
 
 MCHARD HI, June 26, his age ; July 6 crowned with his wife 854, 855 
 
 His first council ; letters this summer; and tour of state. How he and Buck- 
 ingham parted from each other at Gloucester 856 
 
 His arrangements for the murder of his nephews in the Tower; and for his 
 splendid reception at York; his route afterwardSjs,„..,,.8s6, 857 (and n), 858 
 
 1483-4, I Ric. Ill, ' politic and wholesome laws' enacted 859, 860 (and n) 
 
 1485, June 22, his letters to commissioners of array 861 
 
 How he passed July ; surprised by Richmond's secrecy and celerity. Richard's 
 army large, but without zeal for, or sympathy with, him 862 
 
 Aug. 22, day of his last battle ; where his body was interred. Of his tomb ; 
 
 and his character 862,863, 897 
 
 RICHMOND, .£«?-/ fl/, in jjiS, in new council 512 (n) 
 
 , £arl of, in reign of Edw. IV, was Edmund of Hadhum (eldest sen of Sir 
 
 Owen Tudor and of Katharine, widow of Hen. V,) who married Margaret of 
 Lancaster 773 (n), 864 (and n) 
 
 In 1483, plan of raising to the throne their son Henry, now earl of Richmond. 
 See tit. Morton (John), and 851, 859 
 
 1485, July 24, Henry is hovering about the English coast; Aug. I, reached Mil- 
 ford Haven; 22, battle of Bosworth field 862 (and n) 
 
 Of him as Henry VII, see that title, ante, pp. 1 134, 1 135. 
 
 , Duke of, who died in 1536. See tit. Fitii-Koy (Henry), ante, p. 1122. 
 
 RICKHILL (William) before and after 1389, May 20, when constituted a judge of 
 
 the Common Pleas 685 (and n), 706 (n) 
 
 RIDEL (GeofiFrey), a chaplain of Hen. II; archdeacon and justice; afterwards 
 bishop of Ely. His office in judicial division of 11 79; and other offices 
 
 before and in 1189. When he died 197 (n), 207 (n), 209 (n) 
 
 RIDEWARE (William de), a justice in 9 Ric. I, 228 
 
1184 Index. — {Riding Armed.) 
 
 RIDIN& ARMED, contrary to stat. 2 ESw. Ill, ch. 3; 7 Ric. II, ch. 13; 20 Id.^ 
 
 ch. 1 66s, 704 
 
 RIDLEY (Dr.) His and Dr. Fisher's expressions in 1529 958 (d), 959. 
 
 RIGHT OF WAY, or other servitus, or easement. Of title to compensation there- 
 for 6 
 
 RIGHT OR JUSTICE, not to be sold, denied or delayed 256, 298 (n> 
 
 In 1290, 18 Edw. I, statute of defending right; 1328, 2 Edw. Ill, ' statute of 
 Northampton,' ch. 8, " that it shall not be commanded by the Great Seal nor 
 
 the little seal to disturb or delay common right" 415 (a), 533 
 
 RINDROFFE, VHUiam. Whether treasurer in I Hen, VI ; 775 (and n) 
 
 RIOTS. Of arresting and imprisoning rioters, stat. 2 Ric. II, ch. 6 ; repealed in 
 
 3 Id., by ch. 2 645 (n), 646 (n). 
 
 1381. Of rioters in Essex, Kent and London. Stat. 5 Ric. II, ch. 6, making 
 void " manumissions, releases and bonds made in the last tumults, by compul- 
 sion"; and declaring it "treason to begin a riot and rumour"; Id., ch. 8, 
 " a remedy in case of writings burned in the said tumults," 
 
 650 to 652, 656 (^n) 
 1382-3, 6 Ric. II, stat. 2, ch. 4, "action for trespasses done in the insurrection 
 limited " ; ch. 5, defendants " may purge themselves by compurgators prov- 
 ing compulsion 663 (ny, 
 
 1393-4, 17 Ric. II, ch. 8, further providing 'against such riots as are prohibited 
 by 5 Ric. II, stat. i, ch. 7, and requiring sheriffs to suppress them by the povper 
 
 of the county 696 (n) 
 
 1397-8, stat. 21 Ric. II, ch. 14, extinguishing actions for certain robberies, 
 
 riots, &c 709 (a) 
 
 RIPARIIS, Walter de, in i and 3 Hen. Ill ; Robert de, justice itinerant in 36 Id., 
 
 285, 336 
 RIVAUX (or Rivallis), before 1233, vphen he succeeded Walter Mauclerk as treas- 
 urer. By ingratiating himself vfith the King obtained additional offices, 
 
 312 (and n), 314 (n> 
 In 1234, made to give up all and sent to the Tower. Soon released and retired 
 
 to Winchester 314 (and n), 315 (n) 
 
 In 1236 recalled and made keeper of the wardrobe 315 (d), 343 (and n). 
 
 In 1 25 1, had a quittance fiom all debts and accounts to the King. What 
 offices he held in 1255 and 1257. Probably died soon after May, 1258, 
 
 315 (n), 341 
 
 RIVERS, JiicAard .Widvii/e {or Woodville), Lord Rivers in 1464 822 
 
 , //is son, lord Rivers, in 1473, Sept, 27, appointed governor of Edward, son 
 
 of Edw, IV, and Prince of Wales ; an accomplished man ; patron of Caxton,, 
 
 848 (n), 904. 
 1483, where arrested; whither sent; where he and others were beheaded 
 
 June 23d ..848 852 
 
 ROBERT, duke of Normandy, brother of Will. II and Hen. I ; by which of these 
 he was treated cruelly. When he died ; when his son Robert died, 
 
 160 (n), 161 (n)i 
 ROCHES (Peter des). See tit. Rufibus. 
 
 ROCHESTER (or Roff), Solomon de, a canon of St. Paul's; justice itinerant in 2 
 and 3 Edw. I; whether a justice of assize in 1276; a justice itinerant from 
 
 1278 to 1287. What fine he had to pay 382 (and n), 391, 412 (n), 
 
 ROCHFORD, brother of Anne Buleyn. Bad character and conduct of his wife, 
 the viscountess. How he answered a wicked charge, yet suffered death. In 
 1542, her last words upon approach of death, 
 
 loio, 101 1, 1013 (and n), 1016 (and n), 1022 {riy 
 RODBOROUGH (Milo de), before and after 1310; then a justice of assize; died 
 
 in 7 Edw. ir 499 (n), 
 
 ViOGEK, who became chancellor Sept. j, ijoi. In or after April, H02, bishop of 
 Salisbury ; and the king's justiciary ; and throughout the reign of Hen. I 
 acting as the great constructor of judicial and financial organization, 
 
 153 (and n), 154, 155, 163, 266, 267 (n), 
 His son, Roger Pauper, became chancellor in i Stephen; 1139, June 24, he and 
 
Index. — {Roger de Toney.) 1185 
 
 his father both arrested ; who succeeded the son ; and when the father died. 
 
 His memory in high esteem 163, 164, 165 (and n) 
 
 ROGER DE TONEY, a great Norman baron, standard-bearer of William the Con- 
 queror. Of his daughter Adeline ; and Sir Roger. Whether from him was 
 
 de<;cended Roger Brooke Taney 139 (n) 
 
 ROKELE (Robert de), a justice in 1234; died about 1248 318 (and n) 
 
 ROMANS. In their iexprovincia not cursed with passion for uniformity. When 
 they had distinct courts of law and equity. Their doctriiie of trusts ; their 
 
 ■VrszXotfidei commissarius. The Roman Cancellarii I, 4 to 7 
 
 At Dover Roman architecture. What Rutilius said of Rome. As to Roman 
 Franchise, decree at York. General corruption of Rome ; foundation for its 
 
 ruin 17, 20, 22 to 24, 26, 27, 40 
 
 Their tongue revived in England ; their cemetery on site of St. Paul's, 
 
 40, 41 (and n) 
 Of Roman law ; in Britain having power before, and influence after, 411, 
 
 25, 26, 28 to 31, 40, 41 
 
 Notwithstanding German conquests, provinces preserved their Roman law 54 
 
 As to law of descents of Romans, Germans, Normans and English.... 169 to 171 
 How, in reign of Hen. II, revived study of Roman law may have invited com- 
 prehensive examination of Jurisprudence. Before that reign ended, pro- 
 cedure of Roman law was well known by English canonists 213, 214 (n) 
 
 How, in the 13th century, Roman law came into use in England ; and then gave 
 
 a rule which has been followed 463 to 465. 
 
 Richard, brother of Hen. Ill, was in 1256 chosen, and in 1257 crowned, king 
 
 of the Romans 347 
 
 ROME. See tit. Romans ; and also tit. Popes of Rome. 
 ROMESCOT. See tit. Peter's Pence. 
 
 ROMSEY (Nicholas de,) a justice in reign of Hen. Ill 339, 340 (andn) 
 
 ROPER, Margaret, daughter of Sir Thomas More 1001,1002 
 
 ROS, Peter de, in 9 Ric. I, a justice ; Robert de in reign of Hen. Ill, 228, 318 (and n) 
 
 ROSS, where was found se{ylchre of Wawyn (or Gawen) 35 
 
 ROTHERAM (alias Scot), T/^ffW^aJ, before 1472; then translated from See of Ro- 
 chester to that of Lincoln 838 (and n) 
 
 1474, became chancellor. His prorogations of parliamert; its reassumption, 
 Feb. 23; March 14, dissolution 838 (and n), 840, 841 
 
 1475. How he and Bishop Alcock were chancellors at same time 843 
 
 What he is reported to have received from French king 844 (n} 
 
 1477-8, Jan. 16, opened parliament; 1480, Sept. 3, became archbishop of York; 
 
 1482-3 (22 Edw. IV), Jan. 20, opened parliament 844,845, 848 
 
 1483, after death of Edw. IV, chancellor for a few weeks; in May removed 
 
 from office; June 13, imprisoned; when released 848, 849, 851, 855 (andn) 
 
 1485, Nov. 7, at first parliament of Hen. VII, Of his bounty; and his founding 
 
 a college. Died May 29, 1500 866, 877 (and n) 
 
 ROUBURY (Gilbert de), before 1295; then a judge of King's Bench. How em- 
 ployed during remainder of reign of Edw. 1 424 (and n), 441 
 
 On accession of Edw. II reappointed to King's Bench 488, 
 
 1316, May 16, changed from it to Common Pleas. Retired or died before May 
 
 31, 1321 - 505 (and n), 506, 507, 509 
 
 ROUTS and unlawful confederacies. Stat, of Northampton 2 Edw. Ill, ch. 3; 
 confirmed in 1378 by stat. 2 Ric. II, ch. 3 ; and in 1379 by ch. 2, 
 
 64s (n), 646 (n) 
 ROYAL COUNCIL. See tit. Council of the King. 
 
 RUFUS (or RufFus), Richard, under Hen. II a chamberlain 190 
 
 , William, dapifer regis, a justice, sheriff, and holder of other offices in same 
 
 reign ., I90, 209 (n) 
 
 , Guy, a justice in that reign, became bishop of Bangor July i, 1 177, and 
 
 died about 1 190 197 (and n) 
 
 RUNNYMEAD (or Runnymede), the place of Magna Carta, 
 
 252 (and n), 253 (n), 425 
 RL^PIBUS (Peter de), in several reigns. When bishop of Winchester. Appointed 
 
 75 
 
1186 Index.— (i?ww^//.) 
 
 to the chancellorship in 1213 ; retired from it in Jan., 1213-4, 
 
 244, 245 (n), 249, 250 (and n) 
 
 1214, Justiciary of England during the King's absence 250 (and n) 
 
 1216, on accession of Hen. Ill, one of those associated with the earl of Pem- 
 broke as chief counsellor. Of his functions after that earl's death ; the 
 difference of his policy from that of Hubert de Burgh,, the justiciar; what 
 weakened his position ; and whither he made a pilgrimage, 
 
 277, 281, 282, 30s (n) 
 
 Operation of the Pope's mandate in 1223 ; and of the fall of Faukes de Breaute 
 in 1225. Bishop Peter went, about 1227, on a journey to the Holy Land; in 
 1231 returned 288, 289, 292, 293, 306 (and d), 310 
 
 1232, March 7, a council; his advice and the King's action 310 
 
 1233 other bishops opposed Bishop Peter ; in 1234 he was confined to spiritual 
 duties ; and escaped to Rome 3'3> 3'4 
 
 1236, allowed to return to his see; 1238 died 314, 322, 324 (n) 
 
 RUSSELL, John, in X423 and 1432 Speaker of the Commons 776, 777, 789 
 
 , John, in I44g, a fellow of New College,- 1476, Sept. 29, became bishop of 
 
 Rochester; 1480, Sept. 29, translated to Lincoln 849 (and n) 
 
 1483, under Edw. V, appointed chancellor; June 2, document with his name as 
 such ; about June 22 heard a case 849, 850, 912 
 
 June 27 received Great Seal from Richard IIL To him Richard's letter as to 
 Jane Shore .> 854, 855 
 
 Octo. 12, ill in London; Great Seal in hands of Ric. Ill till Nov. 26; 1483-4, 
 Jan., Chancellor Russell opened parliament 858, 859 
 
 1485, July 24, commanded to deliver up the Seal to the master of the Rolls..862 
 
 Nov. 7, at first parliament of Hen. VII; i486 employed in negotiations ; 1493-4 
 
 Jan., died. His character 866, 867, 873 
 
 RUTILIUS. What he beautifully said of Rome 20 
 
 RUTLAND, 'Edward, eldest son of Duke of York, created earl of Rutland in 11 
 Ric. II, 1389-90; 1397, against Warwick and Gloucester; 21 Ric. II created 
 Duke of Aumerle ., 687 (n), 704 (n), 707 (n) 
 
 SACKVILLE (or De Sankville), Jordan, and his father, in reigns of John and Hen. 
 
 Ill 285 
 
 SACY (Emericus de), in 7 Hen. Ill, with Alan Basset to meet King of Jerusalem 
 
 on his landing 284 (n) 
 
 SADINGTON (Robert de), before M Edw. Ill (1337), March 20 ; then appointed 
 
 chief baron of the Exchequer. 555 (and n) 
 
 1339, July 25, locum tenens of the treasurer; 1340, May 2 to June 21, in 
 
 treasurership 555 (n), 563 
 
 1343, Sept. 29, became chancellor.; 1344, June, opened parliament 574, 582 
 
 1344, July, where and in whose presence he sat ; in the fall he resigned the 
 Great Seal ; Dec. 8 was reinstated as chief baron ; had additional offices be- 
 fore his death in 1350 575 (n), 584, 736 
 
 SAHAN (William de). In the King's Bench from l Edw. I for many years ; in 
 various itinera till i8 Id., when he was removed ; fined, yet mentioned as in- 
 nocent; alive in 28 Id »..38o (and d), 389, 412 (n) 
 
 ST. ALBANS. 1455, May, the Duke of York victorious 808 
 
 What tombs are in the abbey 795 (n) 
 
 ST. COLUMBA. England's condition as to Christianity in his time. Of his 
 going to Scotland about 565 ; receiving from King Bridius isle of Hy ; estab- 
 lishing seminary there; his influence; and his death in 597 39 
 
 ST. DAVID'S. Bishop of in 1318; in new council 312 (n) 
 
 ST. ECKENWALL. Of what diocese he was bishop; died in 681 41 (n) 
 
 ST. EDMUND, Roger de, a justice in 9 Ric. I ; William de in reign of Hen. Ill, 
 
 228 (n), 317 (and n) 
 ST. ERKENWALD, mentioned as bishop of London in 607. See also tit. St. 
 
 Eckenwald. 41 (n), 85 
 
 ST. GER.MAN (or St. Germin), author of 'Doctor and Student' 752 (and n) 
 
 :ST. HELENA (John de), a justice in 9 and 10 Hen. Ill ^02, 303 
 
Index.— (^A Jacobo.) 1187 
 
 ■ST. JACOBO (Stephen de), a justice in 4 or 5 Ric. 1 224 
 
 ST. JAMES. See tit. Abbot of St. Jaines and 511 
 
 ST. JOHN, John de, in 9 Hen. Ill a justice. Of his death ; and the payment for 
 guardianship of his heir. When and where that heir fell 303 (u) 
 
 ■■■"•' " • ■ ■ - - ■• - :n) 
 
 , Another John (S. John), in 1289 in cominission under Burnen..4ii (and 1 ^ 
 
 ST. MARIE (William de), bishop of London 5 to 10 Ric. I; died in 1224. ..227 (n) 
 
 ST. MARTIN (Ralph de), a justice in 10 Ric. 1 228 
 
 ST. O.MERO (William de), in 38 Hen. Ill custodian of Hereford castle ; in 53 Id. 
 
 had a grant of £,i,o salary 372 (and n) 
 
 ST. PATRICK, Of his ecclesiastical name 27 
 
 •ST. PAUL. Whether he preached Christianity in Britain 15, 16 
 
 , John df, in 1334 a clerk in chancery; in 1337, April 28, appointed master 
 
 of the Rolls. His position afterwards till Dec, 1340, when he was arrested 
 
 and imprisoned 560 (n), 569 (n) 
 
 Though released from prison he was not restored to the mastership of the Rolls, 
 but after a while was allowed to resume position among the masters in 
 
 chancery 569 (n) 
 
 1343, upon Chancellor Parning's death, one of three commissioners from Aug. 
 
 26 to Sept. 29 573, 574 
 
 1346 arch-deacon of Cornwall; 1349 archbishop of Dublin; died in 1362, 
 
 574 (n) 
 
 ST. PAUL'S. Where it is there was a Roman cemetery; and King Ethelbert built 
 
 a church. Place of two small chests, inscribed one to King Seba the other to 
 
 King Ethelred 41, 85 
 
 \ Of its destruction by fire in 1087; and resolution for its restoration. In 1 135 
 
 fire again; building not finished till 1240. Dimensions 323 (and n) 
 
 After 1 240 additions ; not completed till 131 5. This building now called Old 
 
 St. Paul's 323 (n), 324 (n) 
 
 1315 the spire taken down and replaced; 1444 accident from tempest and light- 
 ning; 1462 repaired 507 (and n), 820 
 
 ST. PETER. Whether in Britain 15, i6 
 
 ST. PETER (Church of). What was begun by Sigeberht ; what was done by Ed- 
 ward the Confessor. How it obtained the name of Westminster 97 
 
 ST. QUINTIN (Walter de), in reign of Hen. II a justice itinerant 204 (n) 
 
 ST. SIMON, the aposde. Whether in Britain 16 
 
 ST. VALERICO (or St. Walerico), yokn, a baron of the Exchequer from 2 Edw. I 
 
 until 1276 381 (and n) 
 
 SALA. River near which the Franks held a General Assembly ; and enacted the 
 
 Salic law .*. loi 
 
 SALADIN TITHE. Ordinance thereof in n88; its importance constitutionally, 
 
 213 
 SALCETO (or de la Saucey), Robert, in 6 and 7 John sheriff; in reign of Hen. Ill 
 
 a justice 240, 317 (and n) 
 
 SALIC LAW. See tit. Sala and loi 
 
 SALISBURY. Removal from Old Sarum. In 1219 new building commenced for 
 
 Cathedral; years in completion 287, 288 (n) 
 
 1384 Parliament in the Bishop's Great Hall 665 (n) 
 
 , Bishop of, in 1318 in new council; in 1377 one of the council of Ric. II 
 
 512 (n), 638 (d), 639 (n) 
 
 , Sir John, proceeded against in 1387; sentence of death executed in 1387-8, 
 
 680, 704 (n) 
 , Earl of, in 1397 advised as to Warwick ; in 1399 was a companion of Ric. 
 
 II 7°4 (n), 713, 714 
 
 , John Blyth, master of the Rolls from May 5, 1492, until Feb. 13, 1494; 
 
 was a few days afterwards consecrated as bishop of Salisbury; he died 
 
 about Aug. 23, 1499 882 (and n) 
 
 , Margaret, countess »/■ (Salisbury) and mother of Cardinal Pole, was in cus- 
 tody from 1538; and beheaded in 1541 1030 (and n), 1039, 1043 (n) 
 
 SALMON Qo^tC), before July, 1299; then elected Bishop of Norwich. Of him 
 from 1299 until 1310, when he was with the ordainers in their contest with 
 
1188 Index. — {Salveyn.) 
 
 the King 491, 429 (and n), S" (Q) 
 
 From 1310 till Jan. 23, 1320, when he was appointed chancellor. How the 
 duties of this office were performed until June 5, 1323, when he retired from it, 
 
 512 (andn), 518, 519 (a«d n) 
 
 Of him afterwards until his death, July 2, 1325 S'S (n) 
 
 SALVEYN (Gerard), in 1304, a justice of trailbaston 44S 
 
 SANCTUARY. When it should not be enjoyed 641 
 
 SANDALE (John de), an ecclesiastic and one of the King's chaplains; 36 Edw. I 
 connected with the Treasury or Exchequer ; next year he and another are 
 
 called treasurers 424, 425 (and n), 440 (and d), 501 (n), 511 (n) 
 
 Under Edw. II treasurer from 1310 until March 14, 1312. Whose locum tinens 
 he was from Octo., 1312, till Sept. 26, 1314, 
 
 484, 485, 493. 494. SOI (and n), 511 
 
 Then appointed chancellor; 1316, Aug., became bishop of Winchester. In the 
 
 chancellorship till June 9, 131 8; again treasurer from Nov. 16, 1818, till his 
 
 death, Nov. 2, 1819 501 (and n), 511 (and n) 
 
 Place of his London residence as chancellor ; place of burial, 
 
 501 (and n), 511 (and n» 
 
 SANDEFORD. Where Richard III was slain 862 (n) 
 
 SANDS (Lord), in commission of April 25, 1536 1012 
 
 SANDWICH (Ralph de), in 49 Hen. Ill keeper of the wardrobe; in 1265 Great 
 
 Seal in his custody during the chancellor's absence 362 (and n) 
 
 Of him in reign of Edw. I until Sept. 24, 1289; then for a short time Chief 
 Justice of Common Pleas. What he is called in 30 Edw. I. Probably died 
 
 in I Edw. II 4" (andn) 
 
 SANSETUN (Benedict de), in 1204 precentor of St. Paul's; raised to bishopric of 
 Rochester in Dec, 1214; in 3 Hen. Ill a justice; 8 Id. a regular justicier; 
 
 on an embassy to France in Octo., 1225; died Dec. 21, 1226 285, 286 
 
 SAPCOTE, William Basset, lord of. See tit. Basset and 199 (n) 
 
 SARUM. See tit. Salisbury. 
 
 SAUCEY (Robert de la). See tit. Salceto and 241 
 
 SAULSBURY. See tit. Salisbury. 
 
 SAUTRE (William). Against him in 2 Hen. IV; writ de hcBretico comburendo, 
 
 749. 75° (and °) 
 SAUVAGE, James le, in reigns of John and Hen. Ill; Geoffrey, under Hen. Ill; 
 
 John le in 1298; Robert le in 1304 286 (n), 290 (n), 449 
 
 SAVIGNY. Hist, of Roman Law 54 (and n> 
 
 SAXONS. Their institutions and their tribes ; how they and the Engles and Jutes 
 
 were drawn together I, 32 to 38, loi 
 
 Whilst they ruled in England their laws governed ; some of which were di- 
 gested and are extant. By whom repealed or altered, see tit. Danes and. ..87 
 
 SAY, Geoffrey de, in 1322 a justice 514, 515 
 
 , Lord Say and Sele, in 1450 treasurer 800 
 
 , John Say, Speaker of the Commons in 3 Edw. IV and 7 Id., 
 
 821 (n), 824 (n) 
 SCARDEBURG, Roger de, abbot of Whitby ; at the head of commission for Nor- 
 thumberland county; died in 1244 304 (and n) 
 
 SCARDEBURGH (Robert de), before 1334, Sept. 14; then appointed to King's 
 Bench. With whom he changed, Sept. 6, 1339, for a place in the Common 
 
 Pleas 556 (and n), 557 (and n) 
 
 13 Edw. Ill, in a commission of array for York. Again in King's Bench from 
 
 1341, Jan. 8, for nearly four^ears.. 556 (n), 557 (n), 575 
 
 When he first had , position of Chief Justice of Common Pleas in Ireland. In 
 
 1344 he was restored thereto 556 (n), 575 (n) 
 
 SCARLE (or Sharll), John de, before 1394, July 22; then became Master of the 
 Rolls. The Great Seal was temporarily in the custody of him and another 
 
 in 1395, and of him alone in 1396 700, 701 (and n) 
 
 1397, Sept. 16, resigned his mastership and resumed position as clerk in the 
 
 chancery; 1399, chancellor for 25 days before Ric. II was deposed...70i, 714 
 
 Not removed by Hen. IV from the chancellorship. His part in the parliament 
 
Index.— (^Scirefaczas.') 1189 
 
 of 2 Hen. IV 748 
 
 1401 Great Seal resigned by him ; but he continued one of the King's council ; 
 
 in Dec. he received the arch-deaconry of Lincoln 750 (and n) 
 
 His place of residence in London; he died about April, 1403 750 (and n) 
 
 SCIREFACIAS to repeal letters patent; 10 Hen. VIII judgment thereon. Place 
 of trial of ' sciri/acias going out oi the chancery' 734, 748, 928 (and n) 
 
 SCIRGEREFA. See tit. SAerif. 
 
 SCORBURGH (Robert de), before 1332 (6 Edw. III). Then placed on Exchequer 
 bench. Afterwards, till his death in 14 /d. 543 (and n), 544 (n) 
 
 SCOT (Alexander Alan). His little volume in 1542 1036 (n) 
 
 SCOTHOU (William de), in 22 Edw. Ill a justice itinerant 538 (and n) 
 
 SCOTLAND, in 6th century; its condition as to Christianity 39 
 
 SCOTRE (Roger de), before July, 13 10; then placed upon Exchequer bench ; also 
 a justice of assize; in 1312 he died 497, 498 (and n) 
 
 SCOTT (William), before 1337, March 18; then appointed to the Common Pleas ; 
 I339> May 2, removed into King's Bench. Its Chief Justice from 1341, Jan. 
 8, till his death in 20 Edw. Ill (1346) 557 (and n), 558, 575 (and n) 
 
 SCROOP. See tit. Scrape. 
 
 SCROPE (or Scroop), Henry le, before 1308; then placed on bench of Common 
 Pleas ; 1317, June, became Chief Justice of King's Bench. About Sept., 
 1323, superseded by Hervey le Staunton 488 (and n), 509 (n), 521 
 
 , Cifo^rify /? (Henry's brother), before Sept. 27, 1323; then became a judge 
 
 of the Common Pleas; 1323-4, March 21, superseded Hervey le Staunton 
 and presided in the King's Bench till end of the reign ; removed from office 
 on accession of Edw. Ill 521, 535 (n) 
 
 , Sir Henry, xa. 1326-7, Feb. 5, constituted second justice of the Common 
 
 Pleas 529 (and n) 
 
 < , Geoffrey, in 1328 {2 Edw. Ill), Feb. a8, reinstated in the Chief Justiceship 
 
 of the King's Bench. Because of his diplomatic employments he retired 
 from — and there were temporary promotions to — his office of Chief Justice 
 from May, 1329, till Dec. 19, 1330 535, 536 (and n) 
 
 , Henry, then vacating the Chief Justiceship, Geoffrey was reappointed ; and 
 
 Henry was made Chief Baron of the Exchequer. 535, 536 (and n) 
 
 , Geoffreys diplomatic engagements were the reason that Sir Richard de 
 
 Wilughby held the place of Chief Justice, in 1332, from March 28 to Sept. 
 20; and again took the seat Sept. 10, 1333 544 
 
 , Sir Jeffery, being ' busy in the King's weighty affairs,' appears in pro- 
 ceedings of parliament in 6 Edw. Ill ; and in 8 Id. How, in 8 Id., his 
 place was supplied 551 (n), 552, 553 (n) 
 
 , Henry. Whether made Chief Justice of Common Pleas in 1333, Nov. 18. 
 
 Again Chief Baron of the Exchequer next day and afterwards till his death 
 Sept 7, 1336 535 (n), 553 (and n) 
 
 , Geoffrey, by patent of July 16, 1 334, was constituted second justice of the 
 
 Common Pleas. Perhaps he did not long remain in this court ; but about 1 1 
 Edw. Ill resumed the Chief Justiceship of the King's Bench. In 1338 he 
 
 held it on April 4, and resigned it before October 553, 554 
 
 In negotiations after as well as before 1338. Distinguished as a lawyer and ne- 
 gotiator, he was also prominent as a knight and a soldier. He died in 14 
 Edw. Ill at Ghent; and was buried at Coversham 554 (and n) 
 
 , Sir Henry, in i Ric, II, may be a misprint , 639 (n) 
 
 . Of Sir Henry's youngest son, Richard, before 1371, March 27 (45 Edw. 
 Ill) ; then made treasurer. Thenceforth in the treasurership till Sept., 1375, 
 when he retired from it. What was his position in the last year of Edward's 
 
 reign 623 (and n) 
 
 On accession of Ric. II made steward of the household. His part in parlia- 
 ment at Westminster in Octo., '1377 (i Ric. II), and at Gloucester in Oct., 
 
 1378 (2 Ric. II) 638 (and n), 643 
 
 1378, Octo. 29, he i^Sir Richard) became chancellor. What parliaments he 
 opened. In 1379, July 2, he retired from the chancellorship; his duties 
 afterwards 645 to 649 (and n) 
 
1190 Index. — {Scutage.) 
 
 1381, Nov., in parliament petition of the commons "that the most wise and 
 able man in the realm may be chosen chancellor." Afterwards proceedings at 
 this session were led by Sir Richard; and he was made chancellor in Nov. or 
 early in Dec. In 1382 he opened parliament in May ; he delivered up the 
 
 Seal in July 655, 666, 658, 66a 
 
 1386 was his statement on behalf of his brother-in-law. Chancellor Pole, " of 
 
 his" (Pole's) " services and merits" 672 
 
 How employed during remainder of the reign of Ric. II, 
 
 664 (n), 674 (d), 707 (°> 
 How regarded by Hen. IV. Of, his character ; his death May 30, 1403 ; place 
 
 of deposit of his remains; names of his wife alnd sons 748> 75^ 
 
 , William, his eldest son, imder-chamberlain in 1397 ; his advice as to War- 
 wick 704 (n), 707 
 
 In 1397 Sir William created earl of Wiltshire and knight of the Garter ; what 
 
 power the clergy gave him 7°7 (d)> 753 (")' 
 
 1399 beheaded ; forfeiture of his honours and estates ; whether affected by act 
 
 of I Hen. IV .' 748. 753 W 
 
 , Scrope (Lord), in 1431, Nov., in council, led Gloucester's friends. Feb. 26- 
 
 Hungerford had to resign the treasurership to Scrope 788 (n)' 
 
 SCUTAGE under Ric. I; and under John's Magna Carta 229 (n), 254 
 
 SEALS of the King ; and of the courts respectively. In whose keeping was the 
 
 seal 'to give remedial writs'... 430 (and n), 459. 
 
 SEBA, kingof East Saxons; buried in St. Paul's 8j 
 
 SECANDUN, where, in 757, Wessex maintained its freedom; and .^thelbald 
 
 (Mercia's king) fell 51 
 
 SECULAR EMPLOVMENTS of prelates; therefrom evils; whether counter- 
 balanced 267 
 
 SECULER (Alexander le), in 1265, a baron of the Exchequer 362 (and n) 
 
 SECURITY OF PEACE. Old English regulations therefor 311, 312 (and n> 
 
 See also tit. Peace and Defence. 
 SEGRAVE, Stephen de, before July 29, 1232; then succeeded Hubert de Burgh as 
 Chief Justiciary. Of his unpopularity ; its cause and effects, 
 
 311 (and n), 314 (n> 
 With his patron, Peter de Rupibus, he fell in 1 234 ; whither he retired ; how 
 
 he made his peace with the King 314, 315 (and n) 
 
 In 1236 recalled to court; office given him and his counsels listened to, without 
 his being restored to his former elevation. When and where he died, 
 
 322 (andn) 
 
 Regarded by Bracton as a judge of consummate authority 475 (and n) 
 
 , Gilbert (Stephen's son). His offices before and position after I25l,when 
 
 he was raised to the bench at Westminster; died in 1254 335 (and n) 
 
 , , John, in 1318 a baron; in new council 512 (n) 
 
 , Hugh de, before 1377 ; then one of the council of Ric. II ; 3 Ric. II, 
 
 steward of the household ; in that and the next year one of the ambassadors 
 
 to France 639 (n), 652, 653 (n) 
 
 1381 the Great Seal placed in his hands as keeper until a chancellor should be 
 
 appointed; also made treasurer 652, 653 
 
 Nov., declared the cause of the parliament; 1382 one of those having custody 
 of Great Seal from July 11 to Sept. 20. Continued treasurer till Jan. 17, 
 
 1386, about which time he died 655, 660 (n), 661 
 
 SEINGES (Richard de), in reigns of John and Hen. Ill 245 (n), 260 (n), 286 (n> 
 
 SELBY (Ralph de), before and after 1393, Octo. 24; then appointed a baron of the 
 
 Exchequer 694 (and n) 
 
 SELDEN, John, on tithes ; and his notes on Fortescue. Also of ' Joannes Seldetti 
 ad Fletam dissertatio ' ; and his (Selden's) notes on Hengham, 
 
 172, 460 to 464, 892 (n) 
 SELF-GOVERNMENT. How the experiment was tried in reign of Hen. VI, 
 
 795. 796 (n) 
 
 SELLING BY RETAIL by Londoners; stat. 42 Edw. Ill, ch. 7 619 (n) 
 
 SENLAC(near Hastings) selected for battle in Octo., 1066 9^ 
 
Index.— {Sercte.) 1191 
 
 SERCIE (Sir Thomas), steward of the King's household in 20 Ric. II (1397) 703 
 
 SERGEANTS AT ARMS. In 1389-90, by stat. i, ch. 6, their number; and what 
 
 penalty on them 688 (n) 
 
 SERGEANTS AT LAW and Apprentices at the law. Of apprentices who were 
 
 appointed, and refused to be, sergeants 770 
 
 Sergeant, pleader or other is not to do " any manner of deceit or collusion "..387 
 
 How the degree of a Sergeant at Law is conferred 895 
 
 SERGEANTS' INN. On the site so known was Chancellor Scarle's residence, 
 
 75° (n), 893 
 SERVANTS. See tit. Labourers. 
 SERVILE PORTION of population. See tit. Slaves. 
 SERVITUS. See tit. Easement. 
 
 SETONE (Thomas de) before 1354 April; a judge then of one of the courts; of 
 the Common Pleas in Mich. 1355. When he was in the presidency of the 
 King's Bench ; and how long he held it, 
 
 596 (and n), 597 (and n) 5l6 (and n) 
 SEVEN BURGHERS. Which were the two added to the hxAfive who was their 
 
 chieftain in 1014 85 (and n) 
 
 SEVERN, in 571 ; till 779 western boundary of English 38, 51 
 
 1542-3, 34 and 35 Hen. VIII. ch. 9 "act for the preservation of the river of 
 
 Severn" 1050 
 
 SEVERUS, Lucius Septimius died at York, leaving there the great lawyer Papi- 
 
 nian 22 
 
 , Alexander placed Ulpian at the head of council of state 24, 25, 
 
 SEWERS. Thereof the chancellor to make commissioners; stat. 6 Hen. VI ch. $; 
 8 Id. ch. 3. Time extended by 18 Id. ch. 10 ; 23 Id. ch. 8; 12 (or 14 and 
 IS) Edw. IV, ch. 6; 4 Hen VII, ch. i, 
 
 784, 792 (and n) 841 (and n); 871 (and n) 
 153.1-2, stat. 23 Hen. VIII, ch. 5. Under it discretion; how to be exer- 
 cised 98a 
 
 SEYMOUR yane portrayed by Holbein; became queen of Henry VIII. His 
 grants to her and her brother Edward — made viscount Beauchamp and earl 
 
 of Hertford loio (and n) to 1019, 1023, 1026 (and n) 1037 (n) 1057 
 
 As to the King's issue by Queen Jane, stat. 28 Hen. VIII, ch. 7, g8, 12, 14; 
 
 1537 birth of their son and her death 1024, 1025, 1027 (and n) 
 
 SEYTON (Roger de), from 52 year till end of reign of Hen. HI a justice ; on ac- 
 cession of Edw. I continued in Common Pleas. When chief justice of that 
 
 court; died or retired about 6 Edw. I (1278) 370, 379 (and n), 389, 39a 
 
 SHAFTESBURY, place of burial of Edward whose tragical death in 978 gave him 
 
 the name of Martyr 81 
 
 SHARDELOWE (or Cherdelawe) Robert de, a justice from 1228 to 1232 307 (n) 
 
 — — — yohnde, before 1332 Feb. 3; then came in the Common Pleas; 1339 Sept. 
 6, exchanged his court; 1342 May 10, reinstated in Common Pleas; died in 
 
 18 Edw. Ill 545 (and n) 558 (and n), 577 (n) 
 
 SHARESHULL (William de) before 1333 March 20. Placed then in King's Bench ; 
 but did not remain there long. May 30 removed into Common Fleas, 
 
 544 (and n> 
 1334-4 (8 Edw. Ill) Feb., assigned to King's Bench; 1340, Dec. removed; 
 
 1342, May 10, reinstated 552, 553 (and n), 569 (n), 577 
 
 1344, July 2, raised to office of chief baron; 1345, Nov. 10, removed to Com- 
 mon Pleas with title of second justice 574, 577 (and n) 
 
 1350, Octo. 26, to 1357, July 5, at the head of the King's Bench. What par- 
 liaments were opened by him 590 (and n), S91, 593, 598, 615 (nV 
 
 After he retired (in 1357), he lived beyond 37 Edw. Ill 615 and 616 (n) 
 
 SHEEN. There in 1376-7, 51 Edw. Ill, the King lay sick; whom he then 
 
 received; what was then agreed to 635 
 
 SHEEP. Against unreasonable taking thereof; 25 Edw. Ill, stat. i, ch. 15. ..594 (n) 
 SHEFFIELD PARK, wrhere, in 1530, Lord Shrewsbury entertained ex-chancellor 
 
 Wolsey ; there message brought from the King to Wolsey 965 
 
 SHEPPEY, bishop of Rochester, presided at the Treasury from 1356 to 1360....601 
 
1192 Index. — {Sherborne.) 
 
 SHERBORNE. Its bishop in parts of reigns of Egbert and his son. Which of 
 
 its bishops fell in 871 at Merton S4i S^ 
 
 SHERIFF and sheriff's tourn ; he became under Will, 1 the vice-comes, 
 
 6i, 109, no, 131 
 
 In 1 1 70, Hen. II removed all the sheriffs, and through a commission enquired 
 into their receipts. Under Ric. I, sheriffs wfere, in 11 94, displaced; and 
 forbidden to act as justices in their own shires. How far sheriffs were 
 changed in John's reign 201, 224, 228 (n), 238 
 
 Generally as to power of sheriffs from 1 154 to 1216; policy of substituting for 
 their action that of justices 270 (and n), 271 
 
 Of the sheriff's tourn under Magna Carta of 1217; and under stat. of Marie- 
 bridge , 279, 299, 365, 366 (and n), 452 
 
 What, under Magna Carta of 9 Hen. Ill (1225), shall not be taken by a sheriff 
 or bailiff; or by the king's purveyor or minister 29S (") 
 
 As to provisions against sheriff or other officer taking 'any reward to do his 
 office^ see tit. Public Officers, zrA 386 
 
 Of what a sheriff could or could not hold plea after stat. of Gloucester (1278), 
 
 394 
 
 In the 13th century, the sheriff is still the president and constituting officer of 
 the county court. In 26 Edw. I (1398) 'a statute concerning the sheriff and 
 his clerks. In 1300, stat. 28 Edw. I, ch. 8 and ch. 13, as to election of 
 sheriffs 428 (n), 431, 433, 453 
 
 1316, 9 Edw. II, ' Statuium Lincoln de Vicecomilibus,' or ' the statute of 
 sheriffs'; 1318 'Statute of York,' ch. 5, of indenture between sheriff and 
 bailiff; and of sheriffs and bailiffs putting their names with returns, 
 
 508 (and n), 513 (and n) 
 
 1328 stat. of Lincoln, 9 Edw. II, confirmed by 2 Edw. Ill, 'statute of North- 
 ampton,' ch. 4; and Jd., ch. 5, confirms stat. of Westm. 2 (13 Edw. I) con- 
 cerning delivery of writs 533 (n) 
 
 1330 (4 Edw. Ill), of removing sheriffs and enquiring as to oppressions of them 
 and others. Id., ch. 9, that no sheriff, bailiff, &c., shall be except he have 
 sufficient lands whereof to answer complaint. Jd., ch. 10, that " sheriffs and 
 gaolers shall receive offenders without taking anything." Id., ch. 15, that 
 " sheriffs shall let their hundreds for the old ferm " 541, 542 (and n) 
 
 1331 stat. 5 Edw. Ill, ch. 3 and 4, confirming stat. 35 Edw. I, that "sheriffs, 
 &c., shall have sufficient in the county " 547 (n) 
 
 8 Edw. Ill, what was moved ; and to a petition what was answered ; 10 Id. 
 
 stat. 2 ' concerning sheriffs and hundreds' 552, 559 (n) 
 
 1340, 14 Edw. Ill, stat. I, ch. 7, that "sheriffs shall be appointed annually at 
 the Exchequer " ; ch. 9, as to hundreds and' wapentakes, the sheriffs holding or 
 letting to farm the same, and their bailiffs ; ch. lo, that " sheriffs shall have 
 
 the keeping of the gaols" 166, 167 (n) 
 
 1358 stat. 28 Edw. Ill, ch. 6, for "removing sheriffs from office yearly" ; ch. 
 9, against granting commissions and general writs to sheriffs at their own 
 
 suit; ch. 10, penalty on those not redressing errors and misprisions 599 (u) 
 
 1362 stat. 42 Edw. Ill, ch. 9, "that no sheriff, under sheriff, nor sheriff's clerk 
 
 shall abide in his office above one year" 619 (n) 
 
 1377, I Ric. II, ch. II, "no sheriff shall be reelected within three years..640 (n) 
 SHIPS. See tit. Merchandize. 
 
 SHIPWRECK. What is exempt from forfeiture 212 
 
 SHIRE AND SHIRE-MOOT. See tit. Provincial Divisions and 62 
 
 Who held the shire-moot; how viewed; its agency applied in 1 166 by assize of 
 
 Clarendon 88, no, in, 197, 198 
 
 Of it until 1232 and afterwards..27 1 , 309, 310, 311 (n), 452 (and n), 453 to 455 
 
 On shire institutions light thrown in 1283 by ' Statute of Wales' 400 
 
 Of the shire (or county) communities in this (13th) century, 
 
 453 'o 455 and 456, 457 
 SHIRLAND (Almaric de) in 39 Edw. Ill (1365) made second baron of the court 
 
 of Exchequer. How employed afterwards 614 
 
 SHOEMAKER AND TANNER. No shoemaker shall be a tanner, nor any tanner 
 
Index. — (Shordich.) 1193 
 
 a shoemaker; 1389-90, 13 Ric. II, stat. i, ch. 12; confirmed in 1397-8 by 
 
 Stat. 21 Id. ch. 16 688 (n), 709 (n) 
 
 SHORDICH (John de) before and after 10 Edw. Ill (1336) Nov. 10. Then ap- 
 pointed to Exchequer Bench. Probably died about 18 Id 555 (and n) 
 
 SHORE (Jane). Of her a letter from Ric. Ill 855 
 
 SHOTTINDEN (Robert de) a justice from 1254 to 1257 ; he died then at Hertford 
 
 on his circuit 399 (and n) 
 
 SHREWSBURY. In 779 an event vehich changed its old name; in 21 Ric. II 
 
 (1397) parliament there 51, 707 
 
 Earl of in /^j-^ one of five to keep the seas 807 (n) 
 
 ^— ^— £arl of in i^zf, had a daughter whom — instead of Anne Boleyn — Henry 
 lord Percy was compelled to marry; and 1530 entertained ex-chancellor Wol- 
 
 sey at Sheffield Park.* .942, 965 
 
 SICILY. Who settled on the coast to it from White Sea : i 
 
 Regulations of Lex Rupilia as to actions between the Sicilians and Romans ; 
 
 and between a Sicilian of one town and a Sicilian of another 3 (n) 
 
 By what law, people of little town of Bidis had a right to settle legacy cases. 
 
 A Sicilian not forced to appear in any court but that of his own district 4 
 
 SIGABERT (or Sigbercht or Sigesbert) when a fugitive ; when ' Orientalium An- 
 glorum Hex ;' -wxoie ' Legum Institula' ; about 638 founded a monastery; 
 
 was brought from it and fell in battle , 43 
 
 Of ' Sigeberht' as ' first Christian king of the East Saxons' and the beginner of 
 
 •a foundation in honour of St. Peter' 97 
 
 SIGEFORTH, An Earl ; massacred in Ethelred's time. What prince married his 
 
 relict and was received by the seven-burghers as their chieftain. .84, 85 (and n) 
 
 SIGILLO Robert de Clericus or M agister Scriptorii; and bishop of London. How 
 
 long he kept the Seal. His allowances 154 (and n) 
 
 •- Nicholas de, Clericus or Magister Scriptorii. His assizes 189 (and n) 
 
 SIMON, tenth abbot of Reading; in reign of John and Hen. Ill; a justice itine- 
 rant in 5 Hen. Ill; died in Feb. 1226 290 (n) 
 
 SIX ARTICLES. See tit. ' Diversity of Opinions.' 
 
 SIX CLERKS. Officers (in the chancery) so cjlUed; in 1523 by act of 14 and 15 
 
 Hen. VIII, ch. 8, allowed to marry 726 to 731 ; 924 (and n) 
 
 How under orders of May, 1545, they were to stand at the chancery bar.... 1056 
 
 SKIPWITH (William de), in a case debated about the middle of the reign of Edw. 
 
 Ill, acknowledged himself ignorant of the meaning of terms with which one 
 
 who had applied himself to the study of the imperial law (John Selden 
 
 thought) could not be supposed unacquainted 723, 724 
 
 1359, Octo. 25 (33 Edw. Ill), made a judge of the Common Pleas ; and soon 
 
 afterwards knighted 610, 61 1 
 
 1362, advanced to be chief baron of the Exchequer 611 
 
 1365, Octo. 29, succeeded by Thomas de Lodelowe 613 
 
 Whether this Sir "William, who was imprisoned and discharged, is the same Sir 
 William who, on Feb. 15, 1379 (44 Edw. Ill), became Chief Justice of the 
 King's Bench in Ireland; and in 1376, Octo. 8, was reappointed to the Com- 
 mon Pleas in England 613 (n), 631 
 
 His opinion was given, and in accordance with it was the judgment, in a great 
 
 casein 50 Edw. Ill, Mich. T 632 
 
 Before him charges were brought against William of Wykeham in the same 
 
 term (Mich. T. 1376) 632, 633 
 
 In II Ric. II (1388) he was still on the bench 682 
 
 SKIRLAWE (Walter de) before 1382. He then became keeper of the Privy Seal ; 
 and from Aug. 8 to Sept. 20 was one of those who had custody of the Great 
 
 Seal 661 (and n) 
 
 1385 elected bishop of Lichfield and Coventry. What he was selected to an- 
 nounce to parliament in Octo 670 (and n) 
 
 Translated in 1386 to bishopric of Bath and .Wells ; and in 1388 to richer see 
 
 of Durham 670, 671 (n) 
 
 In 1405, he died March 24, and was buried in his cathedral. His character, 
 
 671 (n) 
 
1194 Index. — (^Slanderous Lies.) 
 
 SLANDEROUS LIES. Penalty for telling such of Great men ; 2 Rich. 11,'stat. I, 
 ch. 5 ; 1 2 /(/. as to reporters of lies against peers, &c. ; how punished, 
 
 645 (n), 683 (n> 
 
 SLAVERY, an early institution of Saxon race I°7 
 
 SLAVES in time of Tacitus ; came to British isle with Saxon invaders ; and ap- 
 pear in earliest English laws 105, 106, 107 
 
 How before, or in Ethelbert's time, struggles in England filled foreign markets 
 with slaves. Who, in Ethelred's time, were sold for slaves; and by whom. 
 Canute prohibited sending Christiansfor sale into foreign countries, 39, 84, 88 (n) 
 
 Yet the bulk of the Anglo-Saxon population was in a servile state 10^ 
 
 By William the Conqueror there were measures to augment the free and benefit 
 
 the servile portion of the population ; 127, 128 
 
 SLESWICK. What part thereof bore the name of Angeln, or England 32 
 
 SMETON (Mark), groom of the chamber, executed in May, 1536 1013, 1015 (n)- 
 
 SNYTERTON (Thomas de), in 35 Edw. I a justice of trailbaston 445 (n)' 
 
 SOAR. Along the line of this tributary of the Trent the Engles struck 38 
 
 SOCIAL CHANGES, with development of Roman power 2 
 
 SODINGTON (or Sadington or Suddington), Thomas de, before 4 Edw. I ; then be- 
 came a justice itinerant; How employed till 17 Id. What fine he paid in 
 
 18 Id 390,412 (n> 
 
 SOMERSET. A district vihereof West Saxons became masters 47 
 
 , £arl of; 1397, 20 Ric. II, John Beaufort, eldest son of John of Gaunt, 
 
 created the earl. His advice as to Warwick; 21 Ric. II the earl created 
 
 Marquis Dorset 703 (n)j 704(0), 707 (n), 864(0) 
 
 Edmund, Duke of , in 1450 in France; trom what duty free in August; Sept. 
 1 1 made High Constable of England. As to him what was the result of 
 
 parliament of 29 Hen. VI 800, 801, 802 (and n)> 
 
 1453, Dec, arrested; not brought to trial but kept in prison till Feb. 5, 1455 ; 
 
 then released on giving sureties 803, 807 (n) 
 
 1455, March 6, restored to captaincy of Calais ; May, slain at St. Alban's, 
 
 807 (n), 808 
 John, Duke of, was second son, but at length heir of John Beaufort, earl of 
 
 Somerset, before mentioned 864 (n)- 
 
 Margaret of Lancaster was the only child of John Beaufort, Duke of Somer- 
 set (by Margaret her mother), and became the wife of Edmund of Hadham, 
 
 earl of Richmond ..864 (n) 
 
 SOMERTON, in 733, taken from West Saxons 49 
 
 SOREWELL (or Shorewell), William de, under Hen. Ill before 1227; then a jus- 
 tice itinerant; died before Aug. 7, 1228 305, 306 (n) 
 
 SOUTHAMPTON WATER. On its shores Cerdic and Cymric landed 33 
 
 SOUTH ENGLE. Who, under this name, occupied what now forms Northampton- 
 shire 38; 
 
 SOUTHWELL (Robert), before and after July i, 1541 ; when he was appointed 
 
 master of the Rolls and knighted 1054, 1055 (and n) 
 
 36 Hen. VIII., Octo. 17, commission to him and others to examine and de- 
 termine matters in chancery in Chancellor Wriothesley's absence 1056. 
 
 1546-7. His part in the prosecution of the Duke of Norfolk and his son. ..1062 
 SPAIGNE (Nicholas de), a clerk in chancery; March 18, 1371, one of four ap- 
 pointed to hold the Great Seal during Chancellor Thorpe's absence. In that 
 and two followmg years a receiver of petitions. Died about 1374..624 (and n). 
 
 SPAIN early in contact with See of Rome 39 
 
 SPALDING (John de), Prior of Spalding ; eminent for knowledge of thfe laws ; in 
 
 49 Hen. Ill summoned to council; in 56 Id, a justice itinerant 372 
 
 SPECIAL VERDICT. See tit. Verdict. 
 
 SPECIFIC EXECUTION. Suit for, in 40 Edw. Ill; in 15th century, jurisdiction 
 
 of chancery to decree 739,740,918 
 
 SPELMAN (Sir John), in 1535 one of the commissioners to try Sir Thomas More, 
 
 '997 (n), 
 
 SPENCE'S EQUITY. In connection therewith (book i, ch. 4, pp. 24, 25) cases 
 
 examined as to law of descents of Britons, Romans, Germans, Normans and 
 
Index. — {Spigumel.) 1195 
 
 English 169 to 171 
 
 SPIGURNEL (Henry). In a judicial character from 1296. In and after 1301, on 
 the King's Bench. He lived at Kenilworth When he died, 
 
 441, 445 (n), 488 (and nV 
 SPIRITUAL. Thereof see tit. Ecclesiastical. 
 
 As to spiritual work and unspiritual employments, see tit. Secular employments. 
 
 SPORIER (Walter). In 51 Edw. Ill (1376-7) pardon for him contemplated 635 
 
 STAFFORD, Sir Richard, in 1377, one of the council of Ric. II...638 (n), 639 (n) 
 
 ,Eari of, whether one of that council 639 (a), 
 
 , Edmund de, before 139S, Jan. 15 ; then became bishop of Exeter, 
 
 ^ „ 702 (n), 753 (n) 
 
 1396, Nov. 23, Great Seal delivered to him ; 1397, Jan., he opened parliament < 
 
 and took part in its proceedings 702 
 
 Opened parlfament at Westminster in Sept., 1397 ; and at Shrewsbury in Jan., 
 
 1397-8 705, 707 
 
 How he ceased to be chancellor in Richard's time 714 
 
 Chancellor under Hen. IV from March, 1401 ; 1402, Octo., opened parlia- 
 ment; 1403, Feb., resigned Great Seal; 1419, Sept., died 751, 753 (and ny 
 
 , John, before May, 1421. Then keeper of Privy Seal; retained this place 
 
 till end of reign of Hen. V; and was reappointed on accession of Hen. VI, 
 
 775 (and ny 
 1422, Dec, became dean of St. Martin's and treasurer of England ; 1423, 
 
 Sept., dean of Wells 781 (n) 
 
 1423, May 12, bishop of Bath and Wells; also a lord of the council during the 
 
 king's minority 781 (n) 
 
 1425-6, March ; discharged of treasurership ; 1428, again keeper of Privy Seal ; 
 
 1430, accompanied the King to France 788 (n) 
 
 1431-2, March 4, received Great Seal; opened parliament in 1432, 1433, 1435, 
 
 1437. 1439 788 (n). 790. 791 
 
 1443, elected archbishop of Canterbury ; also appointed apostolic legate ; 1444-5, 
 opened parliament ; what he announced as to agreement for peace with France 
 
 and marriage between Henry and Margaret 792 (and n), 793 
 
 In the King's presence opened parliament in 1445-6, at Bury St. Edmunds ; in 
 
 1448-9 at Westminster; 1449, prorogued parliament, 794 (n), 796, 797 (andn/ 
 
 1449-50, resigned chancellorship. His character for learning, intelligence and 
 
 caution. Time and place of his death 797, 798 (nV 
 
 , Earl of (Stafford) in 1455 slain at St. Albans „.8o8 
 
 , Earl of in 1460 with Yorkists routed at battle of Banbury 826 (n) 
 
 STAMFORD Bridge on the Derwent. Battle there Sept. 27, 1066 , 99 
 
 , Statute of, 3 Edw. II, for enforcing law on purveyance 490 
 
 STANDISH (Henry), bishop of St. Asaph, in 1529, one of the council for Queen 
 
 Katharine 958 (n)' 
 
 STANES (Richard de), with designation of 'Marquis' 371 
 
 In 32 Hen. Ill a justice itinerant; next year in the King's Bench. In 58 Hen. 
 Ill specially mentioned as a ' jusiiciarius ad placita tenenda coram, rege.' 
 Frequent assizes before him till end of the reign. His salary in its last month, 
 
 371 
 His position in reign of Edw. I until 1276. How long in the Common Pleas, 
 
 381 (and h), 390* 
 STANLEY, Thomas de, from 1 1 Ric. II, a clerk of the chancery for 10 years ; Mas- 
 ter of the Rolls from 1397 till 1402 , 701 (and n), 755 
 
 , Thomas, or Sir William, in 1485, Aug. 22, at Bosworth Field 862 (n) 
 
 STAPLEDON (Walter), in reign of Edw. Ill bishop of Exeter, and treasurer; in 
 
 1326, Octo. 15, at London a victim to violence of citizens 522, 523 
 
 STAPLE INN in 15th century 893 
 
 STAPLES. As to, in 2 Edw. III^ ' statute of Northampton,' ch. 9 ; 27 Id., stat. 2, 
 " The Ordinance of the Staples " ; and " The Ordinance of the fees of the 
 
 Mayors and Constables.of the Staples" 522, 523, 595 (and n) 
 
 ■ Subsequent statutes : 28 Edw. Ill, ch. 13, 14, 15; 36 /</,, stat. i,ch. 7; 12 
 Ric. II, ch. 16 ; 14 Id., ch. i and ch. 3 ; 15 Id., ch. 9, 
 
 598 (n), 605 (n), 683 (n), 690 (n), 692 (n> 
 
1196 Index. — {Stapleton.) 
 
 STAPLETON, Nicholas de, in i Edw. I appointed to King's Bench. His salary. 
 
 How long in office. When he died 380 (and n), 389 
 
 , Milo de, in 1305 a justice of trailbaston 445 
 
 -STAR CHAMBER, Court of; organized by act of 3 Hen. VH, ch. I ; as to presi- 
 dent of the council, what is provided by 21 Hen. VIII, ch. 20 ...869, 977 
 
 STATE. How beyond its action religion has lived 2, 3 
 
 STATESMEN with ideas of order based on conscience and law rather than on 
 
 brute force ^ 267 
 
 -STATHAM (Nicholas). Early copies of his abridgment 904. 9°S 
 
 STATUTES, in reign of Hen. Ill, sent to justices and sheriffs throughout the 
 
 realm 34' 
 
 See also tit. Parliament and 659> 888 
 
 STAUNTON, William de, a justice itinerant in 46 and 47 Hen. Ill; on the bench 
 
 in 507^. .'. ..35S{andn) 
 
 , Hervey de (or Henry), an ecclesiastic; in 1302 and 1303 a justice itinerant; 
 
 what afterwards 44'. 442 (and n) 
 
 A judge of the Common Pleas from accession of Edw. II till Sept. 28, 1314; 
 then exchanged his seat for that of a baron of the Exchequer; 1316, June 
 
 22, became chancellor of the Exchequer 488 (and n), 503, 505, 511 
 
 About Sept., 1323, superseded Henry le Scrope as Chief Justice of King's 
 Bench; March 21, 1323-4, was himself superseded by Henry's brother 
 Geoffrey. A few days afterwards reappointed chancellor of the Exchequer, 
 
 521 
 1326, July i8, gave up the Exchequer and became Chief Justice of the Com- 
 mon Pleas. Of his death; and the respect for his memory 521, 523 
 
 STEPHEN. His wife from line of Cerdic; Stephen, son of sister of Hen. I., 
 
 161, 162 
 His coronation. What promises he made ; what customs were confirmed by 
 
 his charier. What oath of allegiance was made to him l6l, 162, 163 
 
 In this reign, of the archbishop of Canterbury; the chancellor and other officers; 
 and the King's conduct to them. When the administration of the country 
 
 ceased to work and civil war began 163, 164, 165 
 
 Hatred towards mercenaries; measures at Wallingford; Stephen's death in 
 Octo., 1 154; where first interred; where afterwards his bones were cast, 
 
 166, 175, 167 (and n) 
 
 STEVENS (William). See tit. Mtate Probanda, and 609, 610 
 
 STEYNGRAVE (Adam de). On Exchequer bench from 1332, till 1341. How 
 employed in 14 Edw. III. Made a judge of the Common Pleas 1314, Octo. 
 
 8; removed into King's Bench 1342, Jan. 10 543 (and n), 576 (and n) 
 
 STIKESWALD (Roger de), in 8 Ric. I a justice 227 
 
 STILLINGTON (Robert), before May l, 1464; then arch-deacon of Berks. 
 Whether he officiated at marriage of Edw. IV to Eleanor Talbot.. .822 (n), 824 
 
 1465, archdeacon of Wells; 1466, Jan. 11, bishop of Bath and Wells 824 (n) 
 
 1467 (7 Edw. IV). June chancellor ; in parliament July 5, Nov. 6 ; and in 
 
 8 Edw. IV in May 824,825 
 
 1470, chancellor May 12; perhaps till Octo. 5 827, 828 
 
 1471-2, Feb., obtained a general pardon. Whether or no he opened parlia- 
 ment on Octo. 6th, 1472, he retired from the chancellorship in 1473, between 
 
 April 8 and Octo. 6 835, 836 
 
 How employed till the death of Edw. IV ; then he became an adherent of that 
 
 king's brother Richard 836 (n), 854 
 
 Whether or no, in 1483, he drew up a paper to bastardize Edward's children, 
 
 he assisted July 6 at the coronation of Ric. Ill 855 
 
 Sent to demand that the Earl of Richmond should be given up 865 (n) 
 
 1485, Aug. 22, warrant for his apprehension; of his death and character, 
 
 865, 866 (and n) 
 STICHELAYE (Walter de), in 9 and 10 Edw. I, sheriff; 15 /</., a justice itine- 
 rant , 410 (and n) 
 
 STIVEPORT (Josceline de), in John's reign 246 (n) 
 
 STOKE (Ralph de), a justice in John's reign ; Richard de, in that of Hen. Ill, 
 
 244 (n), 303 (n) 
 
Index.— (>SM^e/rf.) 1197 
 
 STOKEFIELD. Battle of, in 1467 876(and n). 
 
 STAKES, John de, appointed to Exchequer- Bench 1365, Nov. 3 ,614 (and n) 
 
 Richard, a baron of the 'Exchequer from Octo. 9, 1377, i Ric. II, till 
 
 21 Id. 642 
 
 STOKESLEY (Dr.) bishop of London in 1529-30 and in 1531 978, 979. 
 
 STOLEN PROPERTY. Its thief not to find a place where to secure it 80 
 
 STONORE (John de) before Octo. 16, 1320 ; then appointed a judge of the Com- 
 mon Pleas 506 (and n) 
 
 Perhaps in 17 Edw. II (1323-4) he was a justice of the King's Bench for a short 
 time; but in 1324 May 5, he was again constituted a judge of the Common 
 
 Pleas 521. 
 
 1326-7. Reappointed soon after Edw. Ill was proclaimed King ; 1329, Feb. 
 22, made Chief Baron of the Exchequer; and Sept. 3 left that bench to be 
 Chief Justice of the Common Pleas ; superseding William de Herle, 
 
 529 (and n) 534, 535 (and n) 536- 
 But in 1331 April i, Herle being restored to the place of Chief Justice, Stonore 
 
 was placed in the second seat ; 546 
 
 Whatever may have been Stonore's position in the court of Common Pleas in 
 1333 or 1334, he was its Chief Justice before his removal from it in Dec. 
 1340; and was restored to the place May 9, 1342 and thenceforth remained 
 
 in it till his death in 1354 553, 554, 569 (n) 577 (and n) 597 (n). 
 
 STOPINDON (John) before 1438 Nov. 13. From that time in the office ot Master 
 of the Rolls and in ecclesiastical and diplomatic offices until his death in 
 
 1447 796 (and n). 
 
 STOUFORD (or Stonford) John de before 1342 April 22. On the Common Pleas 
 bench from that day till 1345 Nov. 10. There he was Chief Baron till Dec. 
 8 ; when he was reinstated in the Common Pleas. He acted as a judge thereof 
 
 till midsummer 1372 574 (and n) 576, 577 (and n) 
 
 STOWE (William de) before 1341 Jan. 20. A baron of the Exchequer from that 
 
 day till 20 Edw. Ill; and alive in 26 /./...*, 574 (and n) 
 
 STRANGE (Guy de). lUnderHen. II sheriff and justice itinerant 204 (n) 
 
 STRANGEWAIES (Sir James), Speaker of the Commons in Nov. 1461 820 
 
 STRANGERS. Ancient law touching them 198 
 
 STRATFORD yohn. de, until he was dean or chief judge of court of Arches ; and 
 
 bishop of Winchester 516, 517 (and n^ 
 
 1326 Nov. 6 constituted — and for a short time remained — locum tenens of the 
 
 treasurer '. 524 
 
 , 1326-7. Drew charges against Edw. II; 1330, Nov. 28, made chancellor. 
 
 Of him in this office till April, 1331 525, 546 (and n), S47 
 
 , Robert de, before 1331. Then made chancellor of the Exchequer. After 
 
 April, 133 1, in yohn's absence, the Great Seal was frequently entrusted to his 
 brother Robert. 1332, from June he was called the chancellor's locum tenens, ~ 
 being appointed by John to receive the Seal and do the business of the office. 
 
 1334, April 6, he was again so entrusted 547" 
 
 , yohn, as chancellor opened parliament in 5 Edw. Ill; and was present in 
 parliaments in 6 Id 547, 548' 
 
 He became archbishop of Canterbury Nov. 3, 1333; and resigned the Great 
 
 Seal Sept. 28, 1334...... 548 
 
 , Robert, is now arch-deacon of Canterbury 548 
 
 , yohn, whose successor (Richard de Bury) resigned the Great Seal June 6, 
 
 1335, was then in the chancellorship again till his resignation of it March 24, 
 1337 , 560 (and ny 
 
 - , Robert, who had been locum tenens part of the time before March 24, 1337, 
 
 was then appointed chancellor ; in Sept. became bishop of Winchester ; and 
 in 1338, July 6, was exonerated from the chancellorship ,...560 
 
 ,yohn, took the chancellorship for the third time in 1340, April 28; resigned 
 
 it June 28... 568 
 
 J Robert, now was chancellor again ; in the summer he accompanied the King 
 
 to France; yohn was left as President of the council 568 
 
 , Character of the two brothers; their position in 1340 after Edw. Ill retired 
 
1198 Index. — {Sirathclyde.) 
 
 from seige of Tournay; Robert removed from the chancellorship; John, 
 being still archbishop of Canterbury, betook himself to his sanctuary there. 
 He and other peers victorious in parliament of 15 Edw. Ill (I34')> 
 
 568, 569 (and n), 578, 579 (and n), 581, 582, 719 
 
 • , Robert, in 1343 on a mission to the Pope 5^4 (n) 
 
 , Confidence still reposed in the brothers. In 1345, when Lionel was custos, 
 
 John was the head, and Robert a member, of the council left by the King as 
 
 Lionel's advisers , 5^4 (°) 
 
 , Death of yohn 1348, Aug. 23; death of Robert 1362, April 9. Where 
 
 each died; and where each was buried 5^4 (n) 
 
 STRATHCLYDE, in 7th century, at war with Northumbria 42 
 
 STRATTON (Adam), clerk of the Exchequer; dismissed from office in 1289, 
 
 411, 412 (and n) 
 
 STRAW (Jack), in the riots of 1381 650, 651 
 
 STRICTI JURIS, in Roman law, distinguished from bonafidei. 5 
 
 STRODE, John de la, a justice in 52 Hen. Ill (1268) 37° 
 
 , Richard. Of him, Stat. 4 Hen. VIII, ch 8 (1512) .....924 
 
 STURTON (The Lord), one of five 'to keep the seas' in 1454 and 1455 807 (n) 
 
 STUTEVILLE, Robert de, justice and sheriff in reie;n of Hen. II..199, 200, 204 (n) 
 
 , William de,]\is\xce. and sheriff in reign of Ric. 1 218 (n) 
 
 SUBPOENA IN CHANCERY in 14th and in 15th century 743, 748, 767 
 
 SUBSIDIES. 1340, 14 Edw. Ill, Stat. I, ch. 20 and ch. 21 ; Id., stat. 2, ch. I and 
 
 ch. 4 567 (and n) 
 
 1362, 36 Edw. Ill, Stat. I, ch. 11, against subsidy or other charge on wools, 
 
 without assent of parliament i 606 
 
 SUDBURY (Simon), before 1360 ; then made chancellor of Salisbury; 1361, bishop 
 of London; 137S, May 26, archbishop of Canterbury; in the convocation of 
 
 Feb., 1376-7; and in the parliament of Octo., 1377 634,649 (n) 
 
 Became chancellor in 1379; opened parliament at Northampton in 4 Ric. II, 
 
 Nov., 1380 649 
 
 1381, rioters at Canterbury dismantled his palace, from. Blackheath sent com- 
 plaint of him to the King at London. He resigned the Great Seal June 12 ; 
 and on the 14th was murdered. What was done with his head and body. 
 
 His character high 651 (and n) 
 
 SUDLEY in Gloucestershire, seat of a noble family, older than the conquest. 
 
 Ralph de of that family; in 1240 a justice 327 (and n) 
 
 SUETONIUS FAULINUS, to whom was assigned the province of Britain 18 
 
 SUFFOLK. As to Michael de la Pole made Earl of, see title Pole. 
 
 , William de la Pole, earl of, in 1443 (or 1444). How his wife was related 
 to Hen. VI. With what negotiation he was entrusted. 1445, his declaration 
 in parliament. 1449-50, articles against him, and judgment thereupon ; in- 
 tercepted and beheaded, May 2, 1450. Petition against his duchess in 1450-5 1 , 
 
 792 (and n), 793 (n), 798 (n), 801 (and b) 
 
 , 1529, passage between Duke of, and the Cardinals; Octo., a minister of 
 
 English cabinet 960,964 (and n) 
 
 1536, his speaking bitterly of Queen Anne ; yet in commission of April 25. 
 As to what William Paget was in concert with him in 1545, 
 
 960, 964 (and n), 1008, 1009, 1012, 1057 
 
 SUMERI (Roger de), in 1261, a justice itinerant; died in 1272 357 (and n) 
 
 SUMMONS, which "shall contain the term of 15 days" 432 
 
 SUMPTUARY LAWS, in 37 Edw. Ill, concerning diet and apparel 608 (n) 
 
 SUNNING (Ellas de), in reign of Hen. HI a justice of the Jews ..308 (n) 
 
 SUPERIOR COURTS. See tit. Jurisdiction, 3.ni 394 
 
 SUPREME COURT OF JUSTICE from reign of Hen. I ; called the curia regis, 156 
 SURETIES. See tit. Debt. 
 
 SURGEONS. Of them, acts of 32 Hen. VIII, ch. 42; and 34 and 35 Id., 1042, 1050 
 SURREY, Sir Thomas de Holland, earl of Kent, created in 21 Ric. II, Duke of 
 
 Surry. What was_done in 1399 by the King's brothers 707, 714 
 
 1546-7, of Henry Howard, earl of Surrey ; his genius and works. Whence 
 his downfall originated ; for what he was prosecuted ; how he perished, 
 
 1061 to 1064 
 
Index. — (^Surveyors.) 1199 
 
 SURVEYORS, Court of, Stat. 33 Hen. VIII, ch. 39, for its establishment, 1048 and (n) 
 SUSPECTED PERSONS. Arrest of, under 5 Edw. Ill, ch. 14; and 7 Ric. II, 
 ch. 5. Under the latter, power to bind over vagabonds to their good be- 
 haviour 547 (and n), 664(0) 
 
 SUSSEX. Its conquest by Ina before 714. In 1536 Earl of Sussex in commission 
 
 of April 25 47, 1012 
 
 SUTHILL (John), Abbot of Hyde, in reign of Ric. I a justice 227 
 
 SUTTON, Eiias de, a judge of King's Bench in 13 Edw. I and 15 /</... 41 2 (and n) 
 
 '-, Sir yokn, baron of Dudley; in 1450-51 petition against him.. ..801 (and n) 
 
 SWARD (Richard), follower of Richard Marshall in struggle of 13th century 482 
 
 SWEATING SICKNESS in 1528; pestilence, so-called 950 
 
 SWEREFORD (Alexander), compiler of Red-book of the Exchequer. Whence 
 his name. His life before July 6, 1234 ; then assigned to a place in the 
 Exchequer ' tanquam baro' Attested writs, so late as Octo., 1 245 ; died 
 
 Nov. 14, 1246. His character 316 (and n), 317 (andn) 
 
 SWEYN. What his sister foretold; and what revenge he inflicted. In 1013 he 
 
 was established in London ; Ethelred fled from England in Jan. 1013-14, 83, 84 
 
 As to his son Canute, see tit. Canute. Canute's son Sweyn was placed over 
 
 Norway 91 
 
 SWITHIN in his youth; as bishop; and as .^Ethelwulf's minister. Whether he 
 
 was chancellor. Of St. Swithin's day; his pluvious propensity 54, 55 
 
 SYDENHAM (Richard) before n Ric. II; became then a justice of the Common 
 Pleas and acted as such till 19 Id. (1396) 681, 682 (andn) 
 
 TABLIR (orTabbett) Ralph, in ^ Hen. Ill a justice 286 
 
 TACITUS. What he describes in the Germans i, loi 
 
 TALBOIS (Lady). A son of Hen. VIII by her, was born in 1519 928, 1007 
 
 TALBOT (or Talebot) Gilbert. Who were his parents ; whom he married; and of 
 
 what castles he was governor. In 1261 a justice itinerant .....356 (and n) 
 
 Eleanor said to have been married to Edw. IV before May 1464 822 
 
 TALLAGE. Whence it cometh. Of it under Hen. II and Ric. I, 
 
 203, 229 (n) 434 (n) 
 Under Edw. I "a statute concerning tallage" ; 34 /d. stat. 'de tallagio non con- 
 
 cedendo' with Ld. Coke's observations.. 433, 434 (andn) 
 
 TAMETONE (William de) in reign of Hen. Ill 290 
 
 TANK (William), Chief Baron of Court of Exchequer from Feb. 3, 1374 till Nov. 
 
 12, 137s 614 (andn) 
 
 TANNERS AND SHOEMAKERS. See tit. Shoemakers and Tanners. 
 
 TARBES (Bishop of). See tit. Grammont. 
 
 TAXATION. Origin of direct and annual. When was first attempt to make it 
 
 bear aa personal property 83, 212 
 
 Process used in U98for the calculation; when applied to the granting of the 
 
 tax and to determination of its expenditure 231, 232 
 
 Provision in John's Magna Carta 254, 255 (and n) 
 
 How writ of Aug. 9, 1220 affected method of assessing taxes 282 
 
 1381 discontent from constant pressure of taxation 650 
 
 TAYLOR {^obti) whom Hen. VIII had educated; Master of the Rolls from 1527 
 
 for above seven years 969 (andn) 
 
 TEMPLE. From that at Jerusalem was taken, plan of Temple church (in London) 
 
 built in reign of Hen. II and dedicated in 11B5 211, 212, 213 
 
 Of the Hospitallers and Templars before and after 1285 (13 Edw. I) when was 
 passed stat. Westm. 2, ch. 43; 17 Edw. II 'stat. de templariis? To them 
 (the Knights Templars or Knights Hospitallers) Edw. II granted The Temple, 
 
 406 (and n), 519 (n), 721 
 
 Of the Inner and the Middle Temple 722 
 
 TENANT BY THE CURTESY. See tit. Curtesy. 
 
 TENANTS IN COMMON. See tit. Joint Tenants, and 1031 (and n) 
 
 TERRILL (or Tirrill). See tit. Tirrill. 
 
 TESTAMENTS. As to jurisdiction thereof, see tit. Probate of Wills, and tit. 
 Ecclesiastical. 
 
1200 Index— ( Teutonic:) 
 
 TEUTONIC prose; the earliest monument of it 6& 
 
 society ; settled in England on wreck of Rome ; their vernacular history, 
 
 1.32.38,66 
 
 TEATUS RUFFENSIS; when and by whom enacted I33 
 
 THAMES. Against fastening nets therein, stat. 2 Hen. VI, ch. 15 777 
 
 THANET. Isleof; where the Jutes landed 33 
 
 THAVIE'S INN, in 14th century! 721 
 
 THpOBALD, abbot of Bee; in 1138 archbishop of Canterbury; what his attend- 
 ants brought to England; and how his views were forwarded by Hen. II. 
 
 Died in 1161 163, 173, 185, 186, 191 (n), 264. 
 
 THEODORE OF TARSUS, in 668 archbishop of Canterbury 44 
 
 THEODOSIAN CODE, published in 438; altered the imperial- law; ratified 
 
 writings of Papinian and others 26 
 
 From what, in 788, Charlemagne caused it to be transcribed 53 
 
 THIEF. See tit. Stolen property, and 80- 
 
 THIRNING (William). Before 13X8, 11 Ric. II; then appointed a judge of the 
 Common Pleas ; in 19 Ric II, raised to the chief seat in that court ; 23 Id., 
 
 took part in deposing King Richard 682 (and o), 701, 710, 715, 716 
 
 THOMAS, Abbot of Winchecum, in 10 Hen. Ill at the head of commission for 
 
 Worcestershire; died Octo. 3, 1232 304 (and n) 
 
 , son of Thomas, in 13th century, led plebians of London against mag- 
 nates 482 
 
 THORESBY, John de, before 1341, Feb. 21, then appointed Master of the Rolls; 
 performed duties of the Great Seal during chancellor Parning's illness, 
 
 571 (n), 572, 573. 
 He and others acted under a commission from the chancellor's death till Sept. 
 
 29. 1343 '■ 573.574 
 
 After being Master of the Rolls till May 20, 1345, he was made keeper of the 
 Privy Seal; and was in other offices before Sept. 3, 1347, when he was con- 
 secrated bishop of St. David's 583 (and n). 
 
 1349, June 16, appointed Chancellor; Nov. 4, translated to bishopric of Wor- 
 cester; 1352, Octo. 22, raised to archbishopric of York; 1355 one of the cus- 
 
 todes of the kingdom 590 (and n), 600 
 
 1356, Nov. 27, ' benevole et gratanter' exonerated from the chancellorship. To 
 what he was devoted afterwards till his death, Nov. 6, 1373, 
 
 600 (and n), 607 (n). 
 
 THORNEY, an island of the Thames ; what was there erected and contemplated... 97 
 
 THORNTON (or Torenton) Gilbert de, before 1289. Thenceforth Chief Justice of 
 
 the King's Bench till Aug., 1295, with a salary of £i^oper annum. During 
 
 his presidency he composed a compendium of the law, 
 
 413 (and n), 460, 491 (and n) 
 THORPE, Simon. Whence his name; a justice itinerant from 1252 to 1256; died 
 
 in Jan., 1259 336 (and n) 
 
 , Robert de, from 1289 to 1291 in Common Pleas 414 (and n) 
 
 , John de, in 35 Edw. I a justice of trailbaston 445 (n). 
 
 , Robert de, in 1330 (4 Edw. Ill), a. justice itinerant 538 (and n) 
 
 , William de, before 1342, April I2; then raised to King's Bench. 1346, 
 
 Nov. 20, became Chief Justice; opened parliaments of the two next years; 
 '355, removed from the Chief Justiceship, and sentenced to be hanged. 
 
 What followed .". 576 (and n), 590 to 592 (and n). 
 
 , Robert de, before 1356, June 27; then made Chief Justice of the Common 
 
 Pleas, and there presided for nearly 15 years 597 (and n) 
 
 137 1, March 26, became Lord Chancellor. Sat in the Common Pleas in Mich. 
 
 T. following. Died in 1372, June 29 623 (and n), 624, 625 
 
 , Master William's trial for heresy 758 (n)> 
 
 , Sir Thomas, Speaker of the Commons in 1452-3. Taken under execution 
 
 of Duke of York. House of Commons in vain demanded his release, 
 
 802, 804 (and nV 
 
 THUCYDIDES. What he puts into mouth of Pericles 2 
 
 THURCHILL. See tit. Turketil. 
 
Index.— ( Tkurkilby.') 1201 
 
 THURKILBY (Roger de), a justice in and after 1240; from 1245 to 1256 almost 
 invuriably at the head of his commission. In 1258, Octo. 3, first named of 
 
 three assigned ' ad tenendum bancum regis' 327 (and n), 332, 354. 
 
 1 258,. Dec. 29, a grant to him of too marks as ' residens ad bancum.' How let- 
 ters and commissions are addressed to him ; how described ; and what is said 
 of his ' knowledge of the laws.' Died suddenly in 1259 354, 355, 
 
 THWENGE (Sir Robert), in 1232, leader of anti-Roman league 482 
 
 TIPTOFT, Lord, 1431-2, March i, relieved from stewardship of household, 
 
 788 (n> 
 
 , Earl of Worcester. See tit. Worcester. 
 
 TIRRELL (or Terrill), John (or William), Speaker of the Commons in 7 Hen. VI, 
 9 Id. and 15 Id 784, 787 (n), 791 (q> 
 
 , James. See tit. Tyrrell (Sir James). 
 
 TITHES. Stat. 27 Hen. VIII, ch. 20, "containing an order for tithes"; 32 /</., 
 ch. 7, as to payment of tithes and offerings" 1007, 1041 
 
 TITUS, emperor of Rome in 79 19. 
 
 TOCLIFFE (Richard) of Ilchester), called by some Richard More. How he ob- 
 tained a situation in the King's court and was gradually advanced ; he acted 
 as a justice itinerant before and in 1 174, the year in which he became bishop- 
 of Winchester. He was Chief Justiciary of Normandy in 11 76. To him 
 and two others was entrusted the office of Chief Justiciary of England for a 
 short time before Glanville was appointed (in 1280) to succeed them. He 
 (Tocliffe) acted in judicial business in 1 1 82 ; and died in 1 1 88, 
 
 207 (n), 209 (and n) 
 
 TORNOURA (Adam de), a justice itinerant in 3 Ric. 1 222 (n) 
 
 TORRE (Abbot of). His case in reign of Edw. Ill 720, 721 
 
 TORREGIANO (Pietro), a Florentine, eminent for his works of art ; one of which 
 is in the Rolls Chapel 967 (n} 
 
 TORTURE. Resolution against it 567, 1025 (n). 
 
 But used in reign of Edw. IV; and in that of Hen. VIII 846, 1028 (and n)' 
 
 TOSTIG. His rapacity, cruelty and flight from Northumbria in 1065 ; killed Sept. 
 27, 1066 95,99 
 
 TOTINGTON (Samson de), a remarkable judicial character, before 1189, 
 
 210, 211 (and n)< 
 
 TOTNESS, William, arch-deacon of, a justice in 1189 218 (n) 
 
 tOURN. See tit. Sheriff. 
 
 TOURNAY; In 1340 condition of Edw. Ill when he had retired from its siege, 
 
 568 
 
 TOUTHEBY (Gilbert de). In reigns of Edw. II and Edw. III. Under the latter 
 he acted as ajustice of assize in 3 Edw. Ill 537 (and n)' 
 
 TOUTON. There, in a bloody battle, 1461, March, 29, Edward IV was victorious, 
 
 818 (n) 
 
 TOWER, the place of murder of sons of Edw. IV; place of trial of Anne Boleyn, 
 
 856, 857, lois, 1016. 
 
 TOWNSHIPS. See tit. Provincial Divisions. 
 
 TRACY (Henry de). Under Hen. III. In 1261 among the barons of the Ex- 
 chequer; died about 2 Edw. I (1273) 308 (n),34i (d),3S6 (andn> 
 
 TRAHERN, famous (in reign of Will. 1) for learning and integrity 135 
 
 TRAILBASTON (or Trebaston), Justices of. Why so called 429. 
 
 TRAJAN. By his time, York, the seat of government, in Britain 19. 
 
 TRANSUBSTANTIATION, a doctrine, which was the ground of suffering before 
 and after stat. 31 Hen. VIII, ch. 14, ' abolishing diversity of opinions,' 
 
 1028 (and n), 1032, 1033 (and n) 
 
 TRAVERS (John), one between 5 and n Hen. Ill; another in reigns of Edw. I, 
 Edw. II, and Edw. Ill ; a judge of the Common Pleas from March 2, 1329 ; 
 mentioned as late as 1333 ; died within four years after 526 (and n)- 
 
 TRAVERSES OF OFFICE. Where they may be tried i 74S 
 
 TREASON. In 1351-2, the first law that defined the crime and its penalty. 25 Edw. 
 Ill, Stat. 5, ch. 2; as to "seizure of lands on surmise," 1361, ch. 12. Who 
 " to be taken as traitors" under 7 Ric. II; what is declared treason by 21 Id., 
 
 76 
 
1202 Index. — ( Treasurer?) 
 
 ch. 3 and 4 ; and other provisions in cb. 7, ch. 8, and cb. 20, 
 
 593, 604, 664, 708, (b), 709 (n) 
 8 Edw. IV, petition as to such as rob a church of any mass-book, or other 
 
 trinket 847 (n) 
 
 Infamous statutes of 25 and 26 Hen. VIII; and 28 Id., cb. 7, \ 16, 
 
 995. 996, 1025 
 
 Process " in cases of lunacy or madness," see tit. Lunacy, and of " trial of 
 
 treasons committed out of the King's majesty's dominions," 35 Hen. VIII, 
 
 ch. 2 1052 
 
 TREASURER, From the middle of the reign of Hen. Ill, one of the chief 
 officers of the crown; question who shall appoint him. ..330, 333, 334, 440 (n) 
 
 With whom he might hear complaint and ordain remedy 586 (n) 
 
 With whom he might sit on complaint of error in the Exchequer, 
 
 586 (and n), 603, 604 
 TREATY OF PEACE, in 28 Edw. Ill, " between the King and the French " ; in 
 147s between Edw. IV and Louis XI. What is repotted to have been 
 received from the French King by the English chancellor and others, 
 
 598 (n), 842, 844, (n) 
 TREBASTON (or Trailbaston). See tit. Trailbaston. 
 
 TREBATIUS in Julius Csesdr's time 11 to 15 
 
 TREBONIAN. His part in Justinian's reign, in preparing the digests or pan- 
 dects , 37 
 
 TREES. In 1351-2,25 Edw. Ill, stat. 5, ch. 6, against cutting or casting down, 
 
 even for the King's use, a man's trees growing about bis bouse 594 
 
 TRENT The Engles who appeared on it and pushed westward to its head 
 
 waters -. , 37, 38 
 
 TRESHAM, William, Speaker of the Commons in 18 Hen. VI, 25 Id., and 28 Id. 
 
 (1445); murdered 1450, Dec. 17 791, 794, 797, 801 (n) 
 
 , Thomas, Speaker of the Commons in 38 Hen. VI (1459) 812 
 
 TRESILIAN (Robert). From 1378, May, 6, the only puisne judge of the King's 
 Bench for four years; in 1381, after the riots, made Chief Justice. How he 
 proceeded at St. Albans. His cruelty there remarked on, 
 
 642 (and n), 653 (and n) 
 1384, 8 Ric. II, in parliament, his judgment against John Cavendish upon his 
 
 complaint against chancellor Pole , 666, 667 
 
 1387, Aug., he prepared and signed a document; for which he was charged 
 with treason. His default recorded; and sentence pronounced; he was 
 
 captured and hung 675 to 679 (and n) 
 
 TRESPASS. The mischief before stat. Westm. 2, ch. 29. To what this statute 
 extends. 21 Edw. I (1293), "statute of trespasses in parks," 
 
 404 (and u), 422 (and n) 
 TRESPASS ON THE CASE. After stat. of Westm. 2, ch. 24, great variety of 
 writs ; which might, in some measure, answer purposes of a court of equity, 
 
 403 (and n) 
 TREVAIGNON, John de, before 1334, Sept. 24; then appointed to Common 
 
 Pleas; probably died in 1335 , 557 (n) 
 
 TREVETT (or Trivet), Thomas, from 52 to 55 Hen. Ill a justice; t,(i Id., sent to 
 
 Norwich to try persons there. When he died 371 (n) 
 
 — — , Nicholas (his son), author of numerous works 371 (n) 
 
 , Sir Thomas, in 1387, committed to prison 676 (n) 
 
 TRIAL BY BATTLE. Of old Teutonic jurisprudence; absent from Anglo-Saxon 
 
 courts ; brought on by Normans ; but much disliked 130 (n) 
 
 In 1163 trial between Henry of Essex and Ro. de Montfort 193 (n) 
 
 Edict of Hen. I whereby such trial might be avoided 105 
 
 TRIAL BY JURY. Origin of this institution ; growing from 1154 to 1216. 1354 
 (28 Edw. Ill), enacted that all evidences " be given openly at the bar ; and 
 that no man speak with the jury after they depart therefrom"..i98, 271, 598 (n) 
 TRIKINGHAM (Lambert de), in 27 Edw. 1 (1290). a justice itinerant; in the Com- 
 mon Pleas from 1291 till 1316, 9 Edw, II ; then (Aug. 6) removed to King's 
 Bench. 1320, Aug. 6, appointed a baron of the Exchequer, 
 
 443 (and n), 488 (and n), 504 (and n), 506 (and n) 
 
Index.— (THw/.) 1203 
 
 His subsequent employments; how long they continued 504 (and n), 5^7 
 
 TRIVET (or Trevett). See tit. TrtvM. 3-n , /. m 
 
 TROP (Simon de). See tit. Thorpe and 336 
 
 TRUMPINGTON (William de) in reigns of John and Hen. Ill 286 (n) 
 
 TRUSSEBUTS. Of Norman descent 156 
 
 TRUSSEL, William; one, under Hen. Ill, a justice from 1252 to I257..336(and n) 
 Another — Sir JVilliam — at Kenilworth in 1326-7 ; pronounced the renuncia- 
 tion of homage and fealty to Edw, II. In parliament of 17 Edw. Ill (1343) 
 
 the commons made answer by Sir William 526, 527, 581 
 
 TRUSTS. In 14th century jurisdiction assumed to compel their execution; 1402, 
 
 Octo., petition against feoffees in trust 742, 751 
 
 See also tit. Uses and Trusts. 
 
 TRYTHINGS. See tit. Provincial Divisions and 321 
 
 TUDOR, Sir Owen, second husband of Katharine of Troyes. See tit. Katharine 
 
 and \ 773 (n), 864 (n) 
 
 1460-61, Feb. 3, at Mortimer's cross taken and beheaded 817 (n) 
 
 , Edmund, eldest son of Sir Owen and Katharine, was created Earl of Rich- 
 mond. Of him and his son Henry see tit. Richmond and tit. Henry VII. 
 , Jasper, second son of Sir Owen and Katharine, was created earl' of Pem- 
 broke. He escaped Feb. 3, 1460-61 ; and in 1464 accompanied Fortescue to 
 
 Paris 817 (n), 891 (n) 
 
 TUKE (Sir Brian) in 1530^31, in the lower house, reading as to marriage and 
 
 divorce 979 
 
 TUNSTALL (Cuthbert), before 1516, May 12; then Master of the Rolls; 1519 
 arch-deacon of Chester; afterwards on the continent with Sir Thomas More; 
 
 and when at Brussels lodging in the office of Erasmus 967, 968 (and n) 
 
 Became, in 1521, May, dean of Salisbury; 1522, Jan., bishop of London; 1522, 
 
 Octo., resigned mastership of the Rolls 968 (n) 
 
 When translated to See of Durham ; when in possession of its temporalities, 
 
 and when president of the north ., 968 (n) 
 
 1537, Nov., his letter to the King upon Queen Jane's death. Hen, VIII made 
 
 him one of the executors of his will ....968 (n) 
 
 TURKETIL, Chancellor or Secretary ; perhaps under Edward the elder and 
 Athelstan ; certainly under Edmund and Edred. His part in the battle of 
 
 Brunanburgh ; in retirement from 952 to 975, when his life ended 75 
 
 At a later period was a different Turketil (or Thurchill) 75 (n), 83 (n) 
 
 TURNHAM (Stephen de), in 1193 appointed to conduct Queen Berengaria into 
 Poictou J after return of Ric. I a justicier in Curia Regis. How employed 
 till his death in I2l6. Then his widow paid 60 marks and a palfrey for 
 
 liberty to marry with whom she pleased 224, 228, 243 (n), 266 
 
 TURRI (Nicholas de), from 1251 till 1270 a justice; in 46 Hen. Ill among justices 
 of Common Pleas, with a salary of £ip; in 46 and 47 Hen. HI at the head 
 of all the commissions on which he is named; 51 Id. at the bead of his 
 
 court; died probably in 1270 335 (and n), 355, 358 (and n), 373 (and n) 
 
 TURVILLE {Maurice de), in reigns of John and Hen. HI 244 (d), 286 (n) 
 
 TWELVE CLERKS, officers in the chancery 726 to 731 
 
 TWINDOWE (Auckenett) suffered death under a judgment in 16 Edw. IV; which 
 
 in 17 Id. was repealed 841 (and n) 
 
 TYLERS in 1381 ; especially John and Wat. 650 (and n) 
 
 TYRANNY in 1533-4 and 1534 under acts of parliament of 25 and 26 Hen. VIII, 
 
 995 
 TYRRELL (Sir James). What he did in 1483 one night in the Tower ; how Ric. 
 
 HI rewarded him therefor 856, 857 
 
 1501, May 6, executed for treason 857 (n) 
 
 TYRWHYT (Lady), in 1546, with Queen Katharine Parr 1059 
 
 'TYTHES, system of. From what century it dates.... 45 (n) 
 
 TYTHINGS. See tit. Provincial Divisions and 62, 299 
 
 UFFORD, Robert, in 133O, 4 Edw. Ill, act making grant to him; 17 Id., command 
 
 to Sir John...:. 542 (n). 581, 582 
 
 See also tifc Offord (John de). 
 
1204 Index. — ( Uincence.) 
 
 UINCENCE (or Vincence) in 1537. Of the council there; address from Hen.VIII, 
 
 1028 
 
 ULECOT, Philip de, in reigns of John and Hen. Ill ; died on or before Nov. 2, 
 
 1220. John de in same reigns was sub-sheriff; and in 14 Hen. Ill (1229) a 
 
 justice itinerant 241 (and n), 288 (and n), 307, 308 (and n) 
 
 ULFILAS. His Gothic translations; Gothic bible 66, 102 (n) 
 
 ULFR married Canute's sister. Ulfr's sister married Godwin. He was elevated by 
 
 Canute 92,93 
 
 ULPIAN, the eminent lawyer 24, 25 
 
 UNCLES AND AUNTS. When children designated as such first cousins of their 
 
 parents 691 (n) 
 
 UNION. See tit. Constitutional Machinery, and pp. Iioi, 1102. 
 UNIVERSITIES. In 13th century the English contrasted with those of Paris and 
 
 Bologna. Decline in 15th century 4S8> 9°° 
 
 URBAN VI. In 1378 "recognized for Pope" by stat. 2 Ric. II, ch. 7 645 
 
 URICONIUM, a town beside the Wrekin in flames 38 
 
 URSWYKE, the Recorder, in 1471, admitted Edw. IV into London 830 
 
 USES AND TRUSTS. In 14th century. Afterwards in 9 Hen. V; I Ric. Ill, ch. 
 I and ch. 5; I Hen. VII, ch. I; 3 Id., ch. 4; S Id., ch. 17; 19 Id,, ch. 15. 
 Thereof in 15th century upon jurisdiction of chancery, observations...9l4 to 918 
 In l6th century act of 27 Hen. VIII, ch. 10 " concerning uses and wills," 
 
 1003 to 1006 (and n) 
 
 USKE (Thomas), in 1387-8 proceedings against him 679, 680 
 
 USURY. "Act against" in 1545; 37 Hen. VIII, ch. 9 1060 
 
 UVEDALE (Nicholas de). Lord of manor of Wykeham sent to school at Win- 
 chester, William ; of whom see post tit. Wykeham, 
 
 VACARIUS (Roger), in 1149 was teaching the Imperial law 166, 173, 264 
 
 VAGABONDS. See tit. Suspected persons. 
 
 VALENCE, William, bishop of. Uncle of Eleanor queen of Hen. III. When he 
 
 left England 3I9 (li). 321, 322, 323 (n) 
 
 VALERIUS, in Cicero's time 13, 14 
 
 VALOINES, (Theodore de), Archdeacon of Essex; in 1225 a justice 203 
 
 VANNES (Peter) in 1528 Dec. to Rome with Sir Francis Bryan as his secretary ..956 
 
 VASA. With whom classed by Mackintosh i\ ^i \ (n) 
 
 VAUX (or de Vallibus) Robert de, a justice in reign of Hen. II 2o6(n) 
 
 Oliver de in reign of John and Hen. Ill ; in the latter a justice ; he lived 
 
 beyond 1245 242, 317 (and n) 
 
 Oliver's grandson, John de. A sheriff in 49 Hen. Ill ; justice itinerant 
 
 from 6 Edw. I to n Id. 391 (and n) 
 
 VAVASOUR William /^, a justice in 33 and 34 Hen. II and in \ Ric. I. His 
 descendant, tUlliam le, in 33 and 35 Edw. I, a justice of trailbaston, 
 
 210 (n), 218 (n) 445 (n) 
 VENERABLE BEDE. See tit. Bede. 
 
 VERANIUS, Governor in Britain 18 
 
 VERDICT, general or special. Jury's right to find either 406 (and n) 
 
 VERDUN Bertram de, in reign of Hen. II, a baron acting in the curia regis and 
 as a justice itinerant. In 1 191 surety for performance by Ric. I, of his agree- 
 ment with King of Sicily. Acre committed to his custody. In or about 1 196 
 
 he died at Jaffa and was buried at Acre 202, 203 (n) 219 (n) 
 
 Walter de in reigns of John and Hen. Ill ; in 3 and 9 Hen. Ill a justice itine- 
 rant; and between those dates acting in a diplomatic capacity; died in 1229, 
 
 286 (n) 
 
 John de, in 1260 a justice itinerant 356 
 
 VERE Alberic de, in reign of Hen. I a justice and a sheriff. ■. 157, 158 (a) 
 
 William de,hishop of Hereford; in reign of Ric. I a justice 227' 
 
 Robert de, third earl of Oxford. A justice in reign of Hen. III. Died in 
 
 Octo. 1221 290 (n) 
 
 Robert de another earl of Oxford created in 1385 (9 Ric. II) Marquis of Dub- 
 lin; 10 Ric. II Octo. 13 made Duke of Ireland; oneof those who gave to 
 
Index. — ( Vernacular Literature^ 1205 
 
 the King dangerous counsel ; 1387 charged with treason ;, whither he went; 
 1387-8 articles against him ; his default recorded and sentence pronounced j 
 
 at 1393 at Lovain slain hunting. 671, 672, 675, 676 to 679 (and n) 
 
 VERNACULAR LITERATURE, in and since loth century 66, 67 
 
 VERNON William </*, a justice in 3 Hen. Ill; and in 1225 286 
 
 Richard, Speaker of the Commons in 4 Hen. VI (1425-6) 780 
 
 VERRES disregarded rights of Sicilians. Of Cicero's complaints 4, 5 
 
 VESPASIAN died in 79 19 
 
 VETERI PONTE (Robert de), in reigns of John and Hen. Ill, 
 
 241, 245 (n), 288 (and n) 
 
 VEYM (Richard de), in 9 and 10 Hen. Ill, a justice 303 
 
 VICE-COMES, or vice-consul. See tit. Sheriff. ■ 
 VICONTIELS. See tit. Nuisance. 
 
 VICTUALS AND VICTUALLERS. 1357, 31 Edw. Ill, stat. i, ch. 10 603 (n) 
 
 Wh^t statutes of 5 Ric. II and 6 Ric. II are repealed by 7 Id., ch. 11, 
 
 662 (n), 664 (n) 
 
 Id., ch. 16, against sending victual into Scotland without license 665 (n) 
 
 1389-90, 13 Ric. II, Stat. 1, ch. 8, as to gains of victuallers; and defaults in 
 
 assize of bread and ale .■ 688 (n) 
 
 VIEUX-PONT, or Vipont '. 241 
 
 VIEW OF LAND, statute for, in reign of Edw. II 513 (n) 
 
 VILLAIMAGE. Of it in 1351-2, 25 Edw. Ill, stat. 5, ch. 18 594 (n) 
 
 1377, I Ric. II. Of "villaines and land-tenants withdrawing their ser- 
 vices," &c 640 (n) 
 
 1381, Discontent. Charters of emancipation demanded; delivered by Ric. II, 
 June 15; annulled by him July 2. Nov., stat. of 5 Ric. II, ch. 6, 
 
 650, 652, 653, 655, 656 
 1385, stat. 9 Ric, II, ch. 2, "Villains flying and suing their lords shall not bar 
 
 thereby" 670 (n) 
 
 VINCENCE. See tit. Uincence, 3.ni 1028 
 
 VISCONTI GALEAZZO, father of Violante, second wife of Lionel, son of Edw. 
 
 Ill; in 1370, his letter taEdw. Ill as to a falcon 605 (n), 636 (n) 
 
 VISIGOTHS. Their original slock; its spirit i 
 
 VOADICA. See tit. Boadicea, 
 
 VOSSIUS. (Dr. Jerrard) 36 
 
 VOUCHER and vouchee. In 1290, "statute of persons vouched to warranty"; 
 1340, 14 Edw. Ill, stat. I, ch. 18, that demandant may aver the death of the 
 vouchee." 415 (n), 567 (n) 
 
 WADHAM (John). In the Common Pleas, to which his appointment was probably 
 in II Ric. II, he continued till 1397. He lived till 1411 681,682 (and n) 
 
 WAKE (The Lord of). In a commission under stat. i of 14 Edw. Ill, ch. 5; 1340, 
 Dec, arrested and imprisoned J 566 (n), 569 
 
 WAKEFIELD (Henry), bishop of Worcester, became treasurer Jan. 11, 1376-7, 
 
 633 (q) 
 
 WAKERING (John), Master of the Rolls from March 2, 1405, till June 3, 1415, 
 
 when he exchanged it for that of keeper of Privy Seal, 756 (and n), 767 (and n) 
 
 1416, elected bishop of Norwich; 1417, by his learning and wisdom gained the 
 
 applause of the assembly at Constance; 1422, after accession of Hen. VI, 
 
 one of the special council ; died April 9, 1425, and was buried at Norwich. 
 
 Of extraordinary merit 767 (n), 789 (and n) 
 
 WALDENE (Humfrey de), in 34 Edw. I, Octo. 19 (1306), appointed a baron of the 
 Exchequer, and continued in office till the ensuing July, when the reign 
 ended. Under Edw. II on the Exchequer bench from Jan. 18, 1332, till end 
 
 of the reign 440 (and n), 486 (n) 
 
 WALDRIC, Chancellor, Jan. 13, 1103-4 153 
 
 WALEIS (William de), in 9 and 10 Hen. Ill, a justice 303 (n) 
 
 WALERAND (Robert), a regular justicier from June, 1 251, till Aug., 1258, be- 
 
 . sides rendering services in other ways before, and during and after that time. 
 
 In 37 Hen. Ill paid a fine of 40 shillings of gold for marriage of a daughter 
 
 of Robert de Brus 335 (and n), 348 (n) 
 
1206 Index.— ( Wales.) 
 
 In 1262 the Great Seal temporarily in the hands of him and another during 
 
 Walter de Merton's chancellorship 354 i^} 
 
 Mentioned as ' learned in the laws', and as having penned ch. 6 of 52 Hen. Ill, 
 
 36s (n> 
 Long on the bench. Frequent assizes before him from April, 1268, till Aug., 
 
 1271 ; died about Edw. I...;. ; 37' (^"^ "> 
 
 WALES, in wars with Mercia; Cenwalh's attack on the Welsh; Offa's ravages, 
 
 42,46,51 
 Provision for the Welsh in John's Magna Carta; in reign of Edw. I; by 
 statutes of Wales and statute of Rhuddlan. Promise of Edw. I to give the 
 Welsh a Prince born amongst them. 1384 birth (in Wales) of Edward, 
 created Prince of Wales. In 1343 Edward III created his eldest son Prince 
 of Wales ; that son died in 1376. Then Edw. Ill created his grandson, 
 
 Richard, Prince of Wales 582,629 (and n), 633 
 
 Of Richard's mother, the Princess of Wales, -who died in 1385, 651, 669 (and n) 
 WALKINGHAM (Alan de). Of him from 8 Edw. I (1280) as a justice to take 
 
 assizes; and in other offices. He died in 12 Id. 395 (andn^ 
 
 WALLACE (Sir William). Of him in 1304; in Westminster Hall ' crowned with 
 laurel,' not to compliment, but to reproach ; the so-called treason whereof he 
 was found guilty, and for which he was ' hanged, drawn and quartered ' ; 
 cruelty which has blotted the celebrity of Edw. I, and increased that of 
 Wallace : placed by Mackintosh with ' the foremost of men,' among whom is 
 
 Washington 444 (^-nd n)- 
 
 WALSGRAVE (Sir Richard), in 1381, Speaker of the Commons ; 655 
 
 WALSH (or Welch), (Sir Walter), in 1530, Nov., with the Earl of Northumberland 
 
 when he arrested Cardinal Wolsey 9^5 
 
 WALSINGHAIyl (Robert de), in 33 and 35 Edw. I a justice of Trailbaston...44S (n), 
 
 WALTER. Charters in iio6 signed 'Walteri CancellariV 153 
 
 . Theobald, in 9 Ric. I, a justice 228 (n) 
 
 , Hubert, one of the most remarkable of judicial characters from 11 82 to 
 
 1 189; in 1189 travelling towards Jerusalem; in 1 191 in command of the 
 forces before Acre ; after visiting Jerusalem, l|d back the English army, 
 
 209, 210 (and n), 215 (n), 223, 267 (n) 
 In 1 1 93 elected archbishop May 20, and before the end of the year in the chief 
 
 justiciaryship 223, 267 (n)i 
 
 Victorious over John before Richard's return to England in 1 194 ; papal legate 
 in 1 195 ; acted as justiciar until he resigned the office in 1 198; in that year 
 
 took part in a council of barons : 223, 224, 229 to 232 
 
 Of the laws ordained by his advice ; and his part in John's reign : John's chan- 
 cellor until his (Hubert's) death (July 1205).. 232, 235, 236, 237, 266 
 
 WALTHAM. Abbey wherein Harold II was buried 100 (n) 
 
 , Abbot of , one of eleven in commission of Nov. 19, 1386 674 (n)- 
 
 — — , John de, became in 1381 keeper of the Rolls, and was keeper of the House 
 of Converts; resigned both Octo. 24, 1386. Then appointed keeper of Privy 
 Seal. At different times he was one of those entrusted with custody of Great 
 
 Seal 661, 675 (n), 7oo(and n)- 
 
 WALWORTH (Sir William), in 1381 Mayor of Smithfield; struck down the cap- 
 tain of the revolt 652 
 
 WAPENTAKE and its court 79, 109, 279, 452, 321 (and n) 
 
 1328, 2 Edw. Ill, Stat, of Northampton, ch. 12, that " wapentakes shall be an- 
 nexed to counties and not let to ferm" 533 
 
 1340, 14 Edw. Ill, Stat. I, ch. 9, as to hundreds and wapentakes; the sheriffs 
 
 holding or letting to farm; and bailiffs 567 (n} 
 
 WAR. Provision in Magna Carta as to any of a nation at war with England, 
 
 257, 298 (n> 
 25 'Edw. I, ch. 5 and subsequent acts against being compelled to maintain war 
 
 out of the realm 426 (and nV 
 
 WARDEN OF THE FLEET. See tit. Fleet. 
 
 WARDROBE. Place of depositing the Seal when chancellorship is vacant 343 
 
 WARDSHIP. Under a despotism before John's Magna Carta. How afterwards ; 
 from reign of Hen. Ill till that of Ric. III..167, 168, 256 (n), 348 (n), 858 (n), 
 
Index.— ( Ware.) 1207 
 
 1489 Stat. S Hen. VII, ch. 17, of wards 871 (n) 
 
 1540 Stat. 32 Hen. VIII, ch. 46, 'the court of ward' 1042 
 
 WARE (Richard de), Abbot of Westminster ; in 1261 and 1278 on embassies; and 
 in the latter year at the head of justices itinerant in three counties..39i (and n) 
 
 Treasurer of Exchequer from 1281. Death in 1283. Epitaph 396 (and n) 
 
 WARENNE, IVilliam de, in 1073 a joint Chief Justiciary 139 (n> 
 
 , Reginald de. In reign of Hen. II a baron and justice itinerant, 
 
 198, 199 (and n> 
 
 , another William de, in reign of Ric. I a justice 227 (b) 
 
 — — , John de. Of him in 1248; and of his wife. In 1260 he was at the head 
 
 of justices itinerant 349 (n), 356 
 
 For his position in reign of Edw. I see tit. Quo warranto and 393 (and n) 
 
 He died Sept. 27, 1304; and was buried in abbey of Lewes 393 (n) 
 
 WARHAM (William). In 1493 on an embassy. During eight years from Feb., 
 1494, Master of the Rolls, and frequently in diplomatic services..882 (and n) 
 
 1501, Octo., elected to See of London; 1502, Feb. I, resigned mastership of 
 the Rolls .,„.„ * 882 (n), 883 
 
 1502, Aug. II, appointed keeper of Great Seal; 1503, Nov. i, raised to the 
 primacy; 1504, Jan., made Lord Chancellor; 1506 elected chancellor of 
 university 884 (and n) 
 
 1509, under Hen. VIII, continued Lord Chancellor; and Archbishop of Can- 
 terbury; did not fully approve the King's marrying his brother's widow, but 
 
 performed the ceremony ; 921 (and n) 
 
 1515, Dec. 22, surrendered the Great Seal. 1521 his letter to Wolsey as to 
 ' heresies of Luther' and others. For what he had to admonish Wolsey. 
 
 His letters 928 (and n) 929, 930, 931 
 
 1527 July, heard from Wolsey of the king's secret matter — his marital relations ; 
 
 1529 one of the council for Queen Katharine.. 946, 958 (n) 
 
 Considering his relations to Wolsey ; his age and infirmity; could not have de- 
 sired to succeed him 969, 970 
 
 Holbein's portrait of Warham. His character; expressions of regard by Eras- 
 mus for him before and £|^er his death Aug. 23, 1532 983 to 986 
 
 WARLEE (Ingelard de). What he as keeper of the wardrobe had to do with the 
 Great Seal. A baron of the Exchequer from Dec. 29, 1316, till his death in 
 
 June 1318 : 493 (and n) 503 (and n) 
 
 WARNEVILLE (Ralph de). To what appointed, after Becket's death 192 
 
 WARR (Earl of ). Pardon to him in II Ric. II repealed in 21 Id.; proceedings 
 
 against him 705 (n), 706 
 
 — — — Lord'vD. 1432. How he voted in council in Nov 788 (n) 
 
 WARRANTY. In 1291-2, statute of persons vouched 415 (n) 
 
 WARREN (Earl). In what he in or about 14 John was joined with Philip de 
 
 Ulecot and another....,,,, 241 
 
 WARWICK. Thomas earl of, before 1257 353 ,(n) 
 
 — ^ Ela h's countess, daughter of earl of Salisbury, and second wife of Philip 
 
 Basset in 1257. To Philip and Ela was granted in 1257 the manor of Dim- 
 mock 353 (n) 
 
 —^— Earl of in 1312. His conduct to Piers Gaveston 500 
 
 I '■ — Earl of in 13J0. Commissioner in case of Thorpe, C. J 590 (and n) 
 
 Earl of in 1386. With Gloucester and Arundel approaching London. 
 
 Of them in 20 Ric. II; 21 /</., judgment against Warwick 676,704, 706 
 
 * Richard earl of in I4SS> H^o, 1460-61 and 1464, 
 
 808 (d) 809, 810 (and n) 812, 813, 817, 821 
 The marriage of Edw. IV was distasteful to this earl and his brothers. After 
 Hen. VI had been taken and committed to the Tower, there was contest be- 
 tween Warwick and the Wydevilles 822, 823,824 (andn) 
 
 1469 at Calais, Isabella Neville was married to the Duke of Clarence. 1469-70, 
 proclamation by Edw. IV against his brother and Warwick. Among the re- 
 markable circumstances soon afterwards were these : 1470, Sept. 13, Warwick 
 landed at Dartmouth; Octo. 3, Edw. IV fled to Flanders ; 1471, April 14, at 
 Bamet, Warwick was killed 826 (and n), 827 (andn), 831 
 
1208 ' Index. — ( Washington.) 
 
 WASHINGTON, Lawrence, of Sulgrave; Lawrence, of Maidstone, and Lawrence, 
 
 of Garsden Preface, xi 
 
 ———, George, with whom Mackintosh places William Wallace, Id ■•■444 (°) 
 
 WASTE. Statute of, in 1291-2; injunction to restrain it, in time of Ric. II; 
 
 against guardian committing it, action by heir of cestui que use ; stat. 5 Hen. 
 
 VII, ch. 17; in 1535-6, 25 Hen. VIII, ch. 10, I 11, of actions for waste by 
 
 cestuis que use 415 (n), 743, 871 (n), 1006 (n) 
 
 WATCH AND WARD. In 1252, writ for enforcing same, and the assize of 
 
 arms 312 (n), 337 
 
 WATH (Michael de), Master of the Rolls from Jan. 20, 1334, till April 28, 1337; 
 
 how employed in 1338 and 1340; in Dec. (1340), cast in prison, but his 
 
 release was procured; in 1347, a commissioner to enquire as to complaints in 
 
 Yorkshire 560 (and n), 569 (n) 
 
 WATLING STREET, as named by the Saxons 7' (n) 
 
 WATSUND (or Wassaud), Alan de, a justice from about 1246 till his death in 
 
 1257 332 (and n) 
 
 WAUTON, Simon de, a. justice in and after 124.6; whether in 1257, at the head of 
 
 the court; bishop of Norwich from 1257 till his death in 1265, 
 
 332 (and n), 340, 341 (n) 
 
 , Sir Thomas, Speaker of the Commons in 1425 779 
 
 WAWYN (or Gawen), nephew of King Arthur 35 
 
 WAY. 1,^^ Right of way. 
 
 WAYNFLETE (William), became in 1443,- Dec. 21, provost of Eton; in 1448, 
 
 bishop of Winchester 811,812 (n) 
 
 1456, Octo. II, received the Great Seal ; 1459 (38 Hen. VI), opened parliament 
 
 at Coventree; 1460, July 7, at Northampton, surrendered the Great Seal in 
 
 the King's tent 812, 813 
 
 1470, Octo. 5, he and Archbishop Nevill took Hen. VI from the Tower ; 
 
 thither Henry was again taken in 1471 827,831 
 
 Of Bishop Wayneflete during reigns of Edw. IV and Ric. Ill, and afterwards 
 
 till Aug. i486, when the Bishop died, with a high character, 
 
 844, 856, 867, 868, 889 
 WEARS AND RIVERS. As to new wears. 25 Edw. Ill, stat. 3. This and 45 
 
 Id., ch. 2, confirmed in 1397-8 by stat. 21 Ric. II, ch. 19 593, 709 (n) 
 
 WEDGEBURY. See tit. Wodnesburh, or 47 (n) 
 
 WEDMORE, where in 878, the Danes bound themselves 59 
 
 WEDNESBURY. See tit. Wodnesburh, or 47 (n) 
 
 WEIFROTH. See tit. Werfrith, and 64, 65 
 
 WEIGHTS AND MEASURES. By assize of Ric. I ; and John's Magna Carta, 
 
 256 (d) 
 In 14th century, 14 Edw. Ill, stat. I, ch. 12; 25 Id., stat. 5; ch. 9 and ch. 20; 
 
 1361, ch. 5 and 6 ; 13 Ric. II, stat. i, ch. 8 and 9 ; 16 Id., ch. 3, 
 
 567 (d), 594 (n), 604 (n), 688 (n), 693 (n) 
 
 WEIRS IN RIVERS. To be removed according to Magna Carta..'. 256 (n) 
 
 See also tit. Wears. 
 WELLEFORD, Ralph de, a justice in reigns of Ric. I and John ; and in the latter 
 
 one of the pledges for the fine which Alicia, countess of Warwick, agreed to 
 
 pay for her widowhood 228 (n), 243 (n) 
 
 , Geoffrey de, under Edw. II, a clerk of the chancery ; one of those under 
 
 whose seals the Great Seal was kept during the chancellor's absence, or in a 
 
 temporary vacancy 497, 518 (n) 
 
 WELLES (William de), in 9 Hen. Ill, a justice itinerant; died in 1261 303 (n) 
 
 WELLS (Josceline de), in reigns of John and Hen. Ill ; a justice and bishop of 
 
 Bath and Wells; died Nov. 9, 1242 244 (n), 288 (and n) 
 
 WELSH. See tit. Wales. 
 
 WELSON (William), Chancellor, between 1083 and 1085 139 
 
 WENSLEYDALE (Lord). Letter of Jan. 22, 1864, from him as to Copyright in 
 
 England; and as to AmpthiU Park. Appendix A lo68 
 
 WERFRITH, bishop of Worcester 64, 65 
 
 WERWELF came from Mercia to Alfred's court 64, 65 
 
Index.— ( Weser.) 1209 
 
 WESER. Saxons held land from it to the Rhine 32 
 
 WESSEX. Its freedom maintained in victory at Secundun in 757. At the close of 
 8th century, three-fold division between Northumbria, Mercia and Wessex, 
 
 See tit. Egbirt, tit. Alfred of Wessex, axiA 52, 53, 64 
 
 WEST (Nicholas), bishop of Ely; in 1529 one of the council for queen Katharine, 
 
 958 (n) 
 WESTBURIE (or Westbury), William, had refused a Serjeant's coif, but took it 
 afterwards in 1417 ; 1416, Feb. 6, was placed in the King's Bench, 770 (n) 
 WESTCOTE (John de), before and after 4 Bdw. II; then a justice of assize, 
 
 499 (and n) 
 "WESTMINSTER. How this name was obtained by the church of St. Peter ; also 
 
 of Westminster Hall 97, 147 
 
 Of the treasurers in 30 Hen. Ill for receipt of money for the church at West- 
 minster, to-wit : Edward de Westminster and the abbot of Westminster, 
 
 331 (and n) 
 Of this Abbot in 1258; of Edward in 1248,37 Hen. Ill and 48 Id. He died 
 
 before 51 Id 331, 332 (n), 349.35° 
 
 1275, Statute of Westminster the first ; 1285, Statute of Westminster the 
 second ; iS Edw. I, Statute of Westminster the third, 
 
 385 to 388, 401, 402 (and n), 415 
 
 Of the marble stone and marble chair anciently in the upper end of Westminster 
 
 Hall. In 1397 thorough repair of this grand old hall. There, or in rooms 
 
 on its north side, courts have held their terms 722 
 
 In t536 there was a sort of trial of Queen Anne Boleyn, not openly in this hall 
 
 but differently in the Tower 1015, loi6 
 
 WESTMORELAND. Ralph, lord Nevill, created Earl of, in 21 Ric. II, 707 (n) 
 
 , Earl of, in 1536, in commission of 28 Hen. VIII, April 25 ioi2 
 
 WESTON, under Hen. VIII, gentleman of the King's chamber. Under what cir- 
 cumstances he was executed 1013, 1015 (n) 
 
 WEST SAXONS, or Wessex. Where Ina and other West Saxon kings held 
 
 their courts. See tit. J«a, tit. Wessex, and '. 42, 46 to 51. 
 
 What Canute did about their law From what time it was preserved; how 
 
 long it subsisted 88,258 
 
 WAVLAUD {William de)^ In 1261 and 1265 escheator; in 1272 a justice itine- 
 rant and a justiciar at Westminster; i Edw. I a justice of the Common 
 
 Pleas 373 (and n), 380 (and n) 
 
 , Thomas de (his son), a justice itinerant in 1272; a judge of the Common 
 
 Pleas from 2 Edw. I until 6 Id.; then he became its Chief Justice. In 1289 
 removed from office. Circumstances of his fall, 
 
 373. 381 (and n), 389, 390, 411 (and n) 
 
 WEYMOUTH, the Monastery 45 
 
 WHITBY. In what county or shire ; on its cliffs an abbey. Place of ,a great 
 council in 664 ; the Westminster of Northumbrian kings. Whose tombs 
 
 were there 44, 45 
 
 WHITCHESTER (Roger de). Whence his name. On the bench from 1252 to 
 
 1258 336 (and n) 
 
 WHITE SEA. The coast from it to Sicily i 
 
 WHITTINGTON Richard; in I Hen. VI, gift by his executors for paving and 
 
 glazing at Guildhall 895 (n) 
 
 , Thomas, in 1481, Feb. 3, second baron 905 
 
 WICHINGHAM (William de). In the Common Pleas from Octo. 29, 39 Edw. Ill 
 (1365), till the end of the reign. Not reappointed on accession of Ric. II, 
 
 612 (and d), 642 
 WICHINTON (Henry de), in 8 Ric. I, a fine from which he was discharged ;, in 
 
 John's reign a justice 244(a), 265 (and n) 
 
 , William de, in 9 Hen. Ill an itinerant justice 303 (and n) 
 
 WICKLIFFE (John), before Sept. 1376; then summoned to assistance of John of 
 
 Gaunt 602 (n), 607 (n), 613 (n), 615 (n), 633 
 
 1376-7, Feb. 19, at St. Paul's before a committee of bishops 635 
 
1210 Index.— (Widow.) 
 
 1382, May, steps to repress doctrines which his supporters were spreading ; pro- 
 ceedings against him 659 (and n) 
 
 1384, Dec. How his life ended ; where his ashes rested till disturbed by vio- 
 lence 668 (and n) 
 
 WIDOW. Provision for her in John's Magna Carta 254 (n) 
 
 WIDVILLE (or Woodville), Richard, lord Rivers ; 822 
 
 His daughter Elizabeth, widow of John Gray (son of Lord Ferrers) married 
 Edw. IV at Grafton 1464, May l ; and was acknowledged as queen in coun- 
 cil at Reading Sept 29 ; when and by whom, crowned ; contest afterwards be- 
 tween the Earl of Warwick and the Wydvilles 822 (n), 823 
 
 Situation of the queen and Sir Edw. Wydville in 1483, after death of Edw. IV. 
 In 1810 discovery of stone coffins containing the queen's body, and that of 
 
 her third son 846 (n), 848 
 
 WIGENHOLT (John de) in reigns of John and Hen. Ill ; a justice itinerant in 3 
 
 Hen. HI 286 (n)^ 
 
 WILFORD (Gervase de) made a baron 1341, Jan. 20; Chief Baron 1350, April 7. 
 Presided in the court till 1361, when he was exonerated, being broken down 
 
 by age 574 (and n), 575 (n) 
 
 WILLIAM of Curboil, Prior of Chich; in 1 123 made archbishop of Canterbury, 
 
 158 (n) 
 
 , Arch-deacon of Totness ; in 1189 ajustice 218 (n) 
 
 , Arch-deacon of Hereford : 10 John, a justice, 245 (n). 
 
 WILLIAM (David), Master of the Rolls from Feb. 22, 1487, to May 5, 1492 8S2 
 
 WILLIAM, DUKE OF NORMANDY. An occurrence in 1250 caused Edward the 
 Confessor to solicit his assistance; he landed in England with a train of 
 
 knights and was kindly received 94 
 
 Of Harold in Normandy in 1065 ; to what he there consented and swore. In 
 1066, Sept. 28 or 29, William's landing in Sussex ; Octo. 14 his victory, 
 
 95. 99. 100. 124 
 WILLIAM I, in 1066, on Christmas day, crowned ; in 1068 re-crowned. His suc- 
 cessive conquests of English territory 123, 124 
 
 Of feudalism ; his measures to augment the free and benefit others. How far 
 he preserved previous laws and courts 124 to 131 
 
 Of changes in officials, and in their titles and functions; qualifications for 
 office ; manner of appointment to it and its tenure The Norman language- 
 more used and studied ; 131, 132- 
 
 When, where and how the King sat in the witena-gemote. Church jurisdiction 
 separated from secular business of courts 133, 134 
 
 His disallowing extreme claims of popes ; his understanding with the English 
 church; his 1st 2d and 3d rule 134, 135 
 
 His steps to have places of archbishops and other ecclesiastics well filled ;. 
 bringing from Italy and elsewhere men famous for learning and integrity. 
 Particularly of Lanfranc , 135 to 137 
 
 In the King's absence to whom was entrusted the administration — the presiding 
 over Curia Regis and managing revenue. How the Justicier became perma- 
 nent 139, 14a 
 
 How the King became his own officer ; arresting his half-brother, Odo, bishop 
 of Bayeux and earl of Kent , .,i...l40 
 
 William's character ; his queen's death; his last illness and his death (in 1087). 
 
 His body buried at Caen 141 (n). 
 
 WILLIAM II. His promises and oaths to secure the crown; his course in 1093 
 when ill; afterwards his conduct worse than before ....142, 144, 145 
 
 His works of engineering and architecture; especially of Westminster Hall; 
 in 1099 his court in the new palace 147, 148 
 
 How killed in iioo, Aug. 2; buried Aug. 3 at Winchester. His character.. ..148 
 WILLIAMS OF ORANGE. The two whom Mackintosh places with Washing- 
 
 ington.... , \\A^ (o), 
 
 WILLOUGHBY. See tit. Wilughby. 
 
 WILLS. 27 Hen. VIII, ch. 10, " concerning uses and wills " ; 34 and 35 Id., ch. 
 5, " act for the explanation of the statute of wills "....1003 to 1006 (and n), I050' 
 
-Index.— ( IViUon.) 1211 
 
 WILTON, Richard i^, in reign of Hen. II, sheriff and justice 204 (n) 
 
 , Laurence de, in reign of Hen. Ill 286 (n)» 
 
 , William de, a justice in and after 1247. Of iiim till Dec. II, 1261 ; then 
 
 he had a grant of £100 per annum to support him in pfficio justiciaria, 
 
 332 (and n),335 
 He seems to have been acting as a justice up to Nov. 1263 ; but was fighting on 
 • the King's side at the battle of Lewes (May 24, 1264), and there killed, 
 
 355 (ny 
 
 WILTSHIRE. Of its downs in 552; Alfred's march through it in 878 38, 59 
 
 , Sir John, in IS26; Sir Richard, in 1527 946 (and n) 
 
 , Earl of, in I3g7, Sir William le Scroop. See tit. Scroop. 
 
 , Earl of, in 1454, James Butler. See tit. Butler. 
 
 , Earl of in ijsg, Thomas Boleyn. See tit. Boleyn. 
 
 With what mission then entrusted ; and in what position in 1536, 
 
 978 (and n), loio, 1012, 1016. 
 
 After his death what became of Hever castle 1044 (n)- 
 
 WILUGHBY, /'^jVj;* (/*. Whether a baron of the Exchequer before 3 Edw. I 
 (1275); what soon afterwards. Chancellor of the Exchequer from about 
 1283 till his death in 1305. Of his attention to official duties, 
 
 381 (and n), 396 (and n) 
 
 , Richard de, ii 1328, March, 6, placed in the Common Pleas; 1329, Sept. 3, 
 
 advanced to be second justice; 1330, Dec. 15, removed into King's Bench, 
 
 536 (and d), 537 
 I33'> attacked, and compelled to pay for his life a ransom. In Chief Justice- 
 ship from March 28 to Sept. 20, 1332; also in Feb., 1333-4, 
 
 544. 552, 553 (and n) 
 Again presided in the court in and after 1338; displaced July 24, 1340, restored 
 
 to the Common Pleas Octo. 9 S68(n)- 
 
 Dec. I (1340), arrested; 1343 had a new patent; lived till 36 Edw. in, 
 
 568 (and d), 577 (and n) 
 
 WIMBURN (or Wimborne). Its minster in 871 58, 59 (n)- 
 
 See tit. Wymburn. 
 
 WIMER, the chaplain; in 1 173 a justice itinerant 190 
 
 WINCHELSEY (Archbishop). Of him in 1310 in contest between the ordainers 
 and the King ; and his character and conduct in the great struggle of his 
 
 century 481, 482,491 
 
 WINCHESTEDE (John de), a justice in 3 Hen. Ill 286 (u) 
 
 WINCHESTER, in 495, a rich prize; its bishop in reigns of Egbert and his son; 
 its new minster in time of Edward the eldest ; it became the place of deposit 
 of remains of Alfred and of remains of his son Edward and grandson Ethel- 
 ward 33, 54, 7,, 72 (n) 
 
 To its See Ethelwold raised in Edgar's time. In Stephen's reign council there ; 
 
 and Stephen's brother bishop 178, 162, 164, 165 
 
 1285 (13 Edw. I) statute of Winchester; its bishop, in 1289, upon commission 
 
 under Chancellor Burnell 407, 408, 411 (and n) 
 
 Statute of 13 Edw. I confirmed in 1328, 2 Edw. Ill by 'statute of Northamp- 
 ton,' ch. 6 533 
 
 1349, dignity of William de Egerton as prelate of the order of the Garter ; 
 
 perpetuated in his successors as bishop of Winchester 589 
 
 1383, by 7 Ric. II, ch. 6 "The Statute of Winchester" again "confirmed; 
 
 every sheriff shall proclaim it quarterly " 664 (n) 
 
 WINDSOR. Of what William of Wykeham was there surveyor ; and what he 
 
 there accomplished..., 1 620 (n) 
 
 , Sir ^z'//2a»» of, and Alice his wife, late Dame Alice Ferrers ; proceedings 
 
 to revoke judgment against her 641 (n). 
 
 There Chancellor Wolsey begun a monument of which use was made by Hen. 
 
 VII 966 (andn) 
 
 WINES to " be assayed and sold at reasonable prices " ; stat. 4 Edw. Ill, ch. 12 ; 
 27 Id., ch. 5, against forestalling or engrossing Gascoin wine; ch. 6, of~ 
 bringing wines to English ports ; ch. 7, " when and where Gascoin wines 
 
1212 Index.— ( Winfield.) 
 
 , may be bought " ; ch. 9, of gauging wines ; stat. 31 Id., ch. 5, as to " a tun 
 of wine " ; 42 Id., ch. 8, of Englishmen passing into Gascoigne to fetch 
 
 wines" 542 ("). 595. 6o3(n), 619 (n) 
 
 1380, 4 Ric. II, as to guaging vessels of v^ine, &c. ; 5 Id., stat i,ch. 4, as to 
 prices and manner of selling wines ; 6 Id,, stat. I, ch. 7, that " sweet wines 
 may be sold by retail " ; 14 Id., ch. 8, " Rhenish wines need not be guaged," 
 
 650, 656, 662 (n), 690 (n) 
 WINFIELD (Lady). Of her declaration; improper f.fja.tement by Lady Rochfort; 
 
 and that statement improperly used as evidence in 1536 1015 (d), 1016 (n) 
 
 "WINGHAM (Henry de). His offices before and in 1258; 1255, Jan. 5, the Great 
 Seal delivered into his custody; not with the tit. of Chancellor; in 1258 
 nominated by the King to be one of the commission of 24 ; on what con- 
 ditions the Great Seal was in his hands after the resolutions of this com- 
 mission 345 (and n), 350, 351 (and n) 
 
 Declined bishopric of Winchester, and accepted that of London; 1260, Feb., 
 15, consecrated; Octo. retired from the chancery; died July 13, 1262, 
 
 351 (")> 352, 353 (and n) 
 
 WIPPEDSFLEET. Britons overthrown there soon after 465 33 
 
 WISEBEC (Reginald de), injudicial division of 1179 207 
 
 WIT AN, at York, in Edgar's time 79 
 
 "WITEFELD (Robert de), in reig'i of Hen. II, a justice and a sheriff; in i 
 Ric. I, one of the justices appointed as a council to assist those in chief 
 
 justiciaryship 208, 216, 217 
 
 WITENAGEMOT, or assembly of the wise; the Supreme council of the nation, 
 
 44. "3 
 In reigns of Ina, Alfred, Athelstan, Canute; after Canute's .death; in reign of 
 
 Edward the Confessor 48,49,61,73,88,91,94 
 
 Its legislative and judicial power; when, where, and how Will. I sat in it. 
 What was the strongest link between the witenagemot of the confessor 
 and the court and council of the conqueror and his son, 112 to 117, 133, 266 
 
 WITHRED, kingof Kent and Mercia. In 697, under him, parliament at Bursted, 46 
 
 WITNESSES to deeds or writings. See tit. Non est factum and tit. Inquests. 
 
 WODEHOUSE (Robertde) appointed a baron of the Exchequer in 1318, July 24; 
 1329, Sept. 16, resigned his seat on the bench, and became chancellor of 
 the Exchequer; 1339, March 10, promoted to the office of treasurer of the 
 Exchequer, but only held it till Dec. Probably died in Jan., 1345, 
 
 504 (and n), 534 (and n), 535 (and n), 562 (and n) 
 
 WODERSTOKE (James de), before and after 14 Edw. Ill (1340), Feb. 4; then 
 made a judge; died in that or next year 558 (and n) 
 
 WODNESBURH. There Ina repulsed Ceolred 47 
 
 WOGAN (John), in 18 Edw. 1; 20 /</. (1292) a justice itinerant. Appointed 
 Chief Justice of Ireland Octo. 18, 1295 421 (and n) 
 
 "WOLLORE (David de), Master of the Rolls from July 2, 1346, for about 25 years, 
 during which he frequently had custody of the Great Seal, and had some 
 other functions. He died in 1370 599, 600 (and n) 
 
 ^OLSEY (Thomas), in 1509, Feb. 2, made dean of Lincoln ; on accession of Hen. 
 VIII one of his council; and Nov. 9, almoner 922, 923 (andn) 
 
 1513, Letters from Queen Katharine, while regent, to him in France; then ap- 
 pointed bishop of Tournay ■■925. 926 
 
 1 5 14, became bishop of Lincoln; in about six months archbishop of York; 
 15 15, Sept. 7, received the Cardinal's hat. How he and Sir Amias Pawlet 
 treated each other 926 to 928 (andn) 
 
 1515, Dec, the Great Seal surrendered by Warham, and delivered to Wolsey; 
 when and where sworn in 928(andn) 
 
 10 Hen. VIII, judgment by him upon a scirefacias to revoke and annul letters 
 patent _ 928 (and n) 
 
 1524, his order as to John, earl of Oxford; his manner of performing judicial 
 duty 929, 930 (and n) 
 
 -21 Hen. VIII, special commission of July II. Of Wolsey's great labours; the 
 reliance on his judgment; his enormous income; and proportionate expendi- 
 ture 93d (andn), 931 (andn 
 
Index— ( Wblsine.) 121S 
 
 The homage to him and his ainling at the popedom ; had the reputation of a 
 scholar, and encouraged learning. ■ What he did in the University where he 
 was educated. The King's letter to him as to Wilton, and the help to build 
 his college 931, 932 
 
 His habits of extravagance caused a waste of money ; one discreditable mode 
 of obtaining it was in receiving " gifts and annuities from foreign powers " 
 
 933 (n), 934 (and n). 
 
 In 1518 treaty for marriage between two babies; the princess Mary to a younger 
 French prince : Francis granted Wolsey a pension of 30,000 livres, 
 
 932 (and n) 
 
 1520, the emperor Charles V upon a scheme for marrying his young cousin 
 Mary. Granted Wolsey a "/«««'o« of y, 000 ducats" additional to what he 
 had before given "his most dear friend.'' 1521, Aug. 2y, articles between 
 the emperor and Hen. VIII for union against Francis; and that Mary should 
 be married to the emperor. 1522, Wolsey and Charles V were still serving 
 each other 934, 935, 
 
 1523, when Pope Adrian was succeeded by Clement VII, Wolsey was disap- 
 pointed. His purpose not disclosed till after Feb. 24, 1525, when Francis I 
 was made a prisoner. June, the emperor's angry censure on Wolsey's head, 
 
 935. 936- 
 July (1525) Charles inclined to peace with France, and to choose a marriageable 
 wife. July 6, commission from Hen. VIII to ambassadors to rescind Charles's 
 contract to marry Mary. But by Woltey's management it did not reach them 
 till after peace by Henry with France. 1526, treaty which procured Francis 
 his liberty 936, 937 (and n)- 
 
 1527, of the emperor, the pope and Wolsey ; June 18, empowered to proceed 
 to France. His (Wolsey's) letters and this embassy from July i to Octo. 
 What treaties were made ; and what he fought of divorce from Katharine. 
 Storm excited by his suggestion that the pope might not conform to the 
 king's will /. 937 (and n), 938, 945 to 948, 953, 954 
 
 It was long before Wolsey knew that Henry had selected Ann Boleyn to be 
 his queen ; when it was first disclosed ; when in combatting against her 
 Wolsey was defeated 948, 949 
 
 1528, June 6, commission to Campegio with him. See tit. Campegio. 
 
 1529, May, the two cardinals sitting at Blackfriars; the queen called ; how she 
 spoke, and then departed with Mr. Griffith. Observations by the king and 
 others; 957 to 959 (and n) 
 
 Subsequent proceedings of the cardinals. July 23, dissolution of their court and 
 adjournment to Rome. What the Duke of Suffolk said 963 
 
 Sept ; at Grafton, where the King and Anne were, he had his last interview with 
 Wolsey. Mich. T. was Wolsey's last sitting at Westminster. Of him in 
 Octo. before, and on the 1 8th, when he surrendered the Great Seal. Octo. 
 19, dismissal from all his offices announced in the Star chamber. Whither, 
 and how he departed 962 to 964 (and n). 
 
 Dec. I. Articles against him; 1529-30, Feb. 12, a full pardon. With the 
 king's letter of March 28, 1530, he repaired to his province of York 965 
 
 1530, Nov. 4, arrested by the Earl of Northumberland at Cawood. Thence 
 riding 'on his mule' he came sick to Leicester abbey; there died on the 
 30th, and was buried the day after ; 965,966 
 
 What he said of the King to Sir William Kingston. How the king and 
 queen were affected by news of the death. His (Wolsey's") character; and 
 
 Holbein's portrait of him... 9^5 to 967 (and n) 
 
 WOLSINE, Athelstane's chancellor 73 
 
 WOMAN. Of taking her against her will; stat. 3 Hen. VII, ch. 12, 869 (and n) 
 
 WOOD, to be sold 14 ft. the stone; 13 Ric. I, stat. I, ch. 9 688 (n), 
 
 , John, Speaker of the Commons in 22 Edw. IV (1482-3) 845 
 
 WOODVILLE. See tit. Widville. 
 
 WOOLS. As to statutes in reign of Edw. HI : 31 Id., stat. I, ch. 2, 8 and 9 ; 1361, 
 ch. 19 and 21. Statutes in reign of Ric. II : 11 Ric II, ch. 9; 13 Id., stat. 
 
 I, ch. 9 ; 14 Id., ch. 4 and 5 603 (n), 604 (n), 680, 681 (n), 688 (n), 690 (n> 
 
 See also tit. Cloth. 
 
1214 Index. — ( Worcester.) 
 
 WORCESTER, Biskop of, in 1318 in new council 77. 78, S'^ W 
 
 — ' , Earl of,\-a. 21 Ric. 11, Sir Thomas de Percie 707 (n) 
 
 , Castle and Sheriffwick of, &c., vested in the King by stat. 21 Ric. II, ch. 10, 
 
 708 (n) 
 
 , John Tiptoft, earl of, in 1453 treasurer of England ; in 1454 and 1455 one 
 
 of five to keep the seas 803 (n),8o7 (n) . 
 
 In reign of Hen. VI wandering in search of learning ; one of those who en- 
 couraged Caxton 9°4 
 
 WRECK OF THE SEA. Of the common law; and stat. Westm. i, ch. 4, 
 
 212, 385, 386 (and n) 
 
 WREKIN. Beside it, Uriconium in flames 38 
 
 WRIOTHESLEY (Thomas, Lord), before Lord Chancellor Audley's last sickness; 
 during it th« Great Seal placed in his (W.'s) hands ; what he might then do, 
 
 loss (and n) 
 
 1544 made chancellor; Octo. 17 special commission to the master of the Rolls 
 
 and three masters; IS4S, May, " orders taken as touching the chancery," 
 
 • loss. 'os6 (and n) 
 
 In concert with him and another, William Paget, negotiating in the summer of 
 
 1545. Wriothesley's conduct in IS46 to Ann Ascue and the Queen; in 
 
 IS46-7 his part in the prosecution of the Duke of Norfolk and Earl of Surrey, 
 
 IOS7 to I0S9, 1060, 1061 
 
 WRITS OF ERROR. As to costs therein see tit. Costs and 885 (n) 
 
 WROTHAM ( William de), a justice iif reigns of Ric. I and John 228, 245 (n) 
 
 WULFHERE, King of Mercia 44,4S, 46 
 
 WULFSTAN, energetic adviser of Will. II 142 
 
 WYATT (Sir Thomas), the poet and statesman.. .^ 1017(0), 1030 
 
 WYCLIFFE (John). See tit. Wickhffe. 
 
 WYKEHAM (William of) before 1367. Then he succeeded William de Edington 
 as bishop of Winchester, and succeeded Simon de Langham as chancellor of 
 England. His lucid speeches in parliament contrasted with addresses of his 
 
 predecessors 619 to 621, 622 
 
 1371,4s Edw. III. He opened parliament in Feb.; resigned the Great Seal 
 March 24; and continued faithful to the king. Resentment vented on him 
 by the Duke of Lancaster ; charges made against him, and steps takeri, affect- 
 ing his person and property .622,623,632, 633; 634 (n) 
 
 Wykeham is supported by the clergy ; in 1377 July 31, he had a pardon and 
 
 release from Ric. II 633, 634, 63s, 638 (and n) 
 
 1381, 5 Ric. II, after the riots confidence evinced by appointing him one of the 
 
 commissioners 657 
 
 1386, 10 Ric. II, one of eleven in commission of Nov. 19 674 (n) 
 
 1389, May, Ric. II being of age required him to accept the chancellorship. 
 
 How wisely he proceeded 684 to 686 
 
 1389-90, Jan., opened parliament and praying to be discharged of his ofiSce was 
 discharged thereof and (after approval of his official conduct) was recharged 
 
 therewith ; 686, 687 
 
 1390, in parliament of 14 Ric. II, the chancellor's discourse long and elo- 
 quent. His character. In 1391 Sept. 27, the Great Seal resigned by him and 
 
 entrusted again to Thomas de Arundel 689, 690, 691 (and n) 719 
 
 Of Wykeham afterwards till his death in Sept. 1404. His motto; and the dis- 
 positions of his property 7S4, 755 
 
 WYMBURN (Walter de) a judge of the King's Bench, in 4 Edw. I ; and acting In 
 
 this character so late as Octo 1288 389 
 
 WYMUNDHAM (Thomas). His part in writing statutes to be sent tp justices and 
 
 sheriffs. He was addressed as treasurer of the Exchequer in 50 Hen. Ill, 
 
 and is described as treasurer in 52 Id. ; he was alive in 1273, 341, 367 (and n) 
 
 WYNDESER v. SCROPE (in 17 R. II), "the first decree in chancery that" Lord 
 
 Coke found " made by the chancellor" 741 
 
 WYVILLE (John de), a justice in 1256, and afterwards till about 1263, 
 
 349 (n). 373 (n) 
 
Index. — ( Yattinden.) 1215 
 
 YATTINDEN (Nicholas de), a justice in latter part of reign of Hen. Ill ; died in 
 I Edw. 1 372 (and n) 
 
 YONGE (Thomas), member for Bristol in parliament of 1450-51; sent to the 
 Tower 802 
 
 , yo/m, before 1508, Jan. 22; from that day, Master of the Rolls till his 
 
 death in 15 16. Of his diplomatic and ecclesiastical offices; and the monu- 
 ment to him 883 (and n), 967 (and n) 
 
 YORK (city of), the capital of Roman Britain, has had great schools, and a long 
 
 continuous existence. See tit. Alcuin, and 19 (and n), 49, 50, 51, 105 
 
 There, in 1318, parliament; 'statute of York'; and other statutes,- 1327-8, 
 Jan. 24, Edw. HI, married to Philippa; parliaments in 1328; also in 1463-4, 
 and in 1464. Then held May i, and continued to Nov. 25, 
 
 5l2i S13. 532, 821 (and n) 
 
 YORK, Duke of, in ijSj, Aug. 6, Edmund of Langley ; 1386, one of eleven in 
 
 commision of Nov. 19; 1394, lost his wife 674 (n), 699 (and n) 
 
 , Richard Duke of, in and after 1450; 1453-4 presided in parliament ; 1454, 
 chosen protector and defender of the realm, also made captain of Calais, 
 
 799 to 803, 804, 806, 807 
 1455. Forces collected by him and the Nevilles ; May, victorious at St. Albans ; 
 soon afterwards high constable ; position of him and his allies in parliament 
 July; Nov. again Protector till Feb. 25, 1455-6, when the King had re- 
 covered 808 (and n), 809, 810 (and n) 
 
 •459i 38 Hen. VI, in parliament at Coventry, " attainder of the Duke of York 
 and his friends " ; but in 1460, 39 Id., that ' holden for no parliament.' 
 Octo., he claimed the crown, and objections against his claim were stated. 
 What accord was assented to by King Henry and by the Duke and his sons. 
 Dec. 29, in battle at Wakefield the Duke killed and his son, the earl of Rut- 
 land, slain 812, 814 to 816 (and n), 817 
 
 LOUCHE, Alan de, in reign of Hen. Ill a justice itinerant, and in other offices ; 
 
 died before Octo. 20, 1270 357 (and n) 
 
 , William de, in 4 Edw. Ill a justice itinerant; act making restoration to him 
 
 and Eleanor, his wife; 1339, treasurer; abroad soon afterwards. Supposed 
 
 to have lived till March 12, 1352, 
 
 357 (and n), 538 (and n), 542 (n), 555 (n), 563 
 ZOUSCH (Roger la), in 1326, charged as accessary to violent end of Bacon 
 
 Beler So4. 505 (°)