CHAPTER VII. CHANCELLORS DURING THE REIGN OF HENRY III. TILL THE AP- CHAP. A.D. 1216. HENRY III. on his accession, being still a child, the valiant Earl of Pembroke, who had held the office of Mareschal at the conclusion of the late reign, was elected Protector with royal authority, and he appointed RICHARD DE MARISCO MARISCO. Chancellor. The conduct of these two men was wise and conciliatory. They immediately summoned a parliament, in which the Great Charter, with a few alterations, was confirmed in the name of the infant sovereign. For three years all grants passed under the seal of the Protector, although in the King's name.† A new Great Seal was then made‡, but that it might not be abused to the King's disherison, an act was passed that "no charter or letters patent of confirmation, alienation, sale, or grant of any thing in perpetuity, should be scaled with the King's Great Seal until his full age; and that if any such were sealed with that seal they should be void." In the ninth year of his reign the Great Charter was again confirmed, as it now appears at the head of the statute law of England. De Marisco had for his Vice-chancellor Ralph de Neville, an ambitious and unprincipled man, who was constantly intriguing against him, and finally supplanted him. In the year 1226 a national council was held at Oxford, at which, contrary to the advice of the Chancellor, and by the instigation of Hubert de Burgh and De Neville, the King, after declaring himself, resolved to take the management of public affairs into his own hands, cancelled and annulled the Pat. Rol. 3 H. 3. m. 14. Spel. Gloss. 100. Or. Jur. 8. "In cujus rei testimonium has literas nostras sigillo comitis mariscalli rectoris nostri sigillatas, quia nondum sigillum habuimus, vobis mittimus, teste WILLIELMO Comite Mariscallo."-1 Hale's Pleas of the Crown, ch. xvi. Claus. 3 H. 3. m. 14. hic incepit sigillum regis currere. Confirma tion of the Great Charter. Ralph de Vice-chancellor. CHAP. Misconduct of Vice-chancellor De Neville. Letter of remonstrance Great Charter and the Charter of the Forest, which he had previously confirmed and directed to be observed throughout the kingdom, now alleging that they were invalid, having been granted during his minority, when there was no power in his own person or his seal to infringe the prerogatives of the Crown. This was followed up by another arbitrary act, with a view to fill the treasury, for which a precedent in Richard's reign was cited. All persons enjoying liberties and privileges were required to take a fresh grant under the Great Seal, the King being now of age, and they were compelled to pay for these renewals according to the extortionate discretion of the Justiciar and the Vice-chancellor, who were the authors of the measure. The insolence of Vice-chancellor Neville, backed by Hubert de Burgh, who was now rising rapidly to the uncon trolled power he afterwards possessed, grew to such a pitch, that he entirely superseded De Marisco in all his functions, and in writing to him styled him merely "Bishop of Durham," without deigning to give him his title of "Chancellor." This conduct drew forth the following reprimand: --"Richard, by the grace of God Bishop of Durham, Chancellor of our Lord the King, to his beloved Ralph de Neville, Dean of Lichfield, greeting. It is marvellous in our eyes, to the Vice- and it must be a subject of general astonishment, that in your chancellor. letters you have omitted to address us by the title of Chancellor,' since you must be well aware that we were solemnly appointed to that office, and that by God's grace we are still resolved to enjoy its powers and pre-eminence, the attempts of our enemies recoiling upon themselves, and in no respect shaking our constancy. However much they may strive to partition me, I am resolved to remain entire. from the Chancellor "Know, that in letters with which I have been lately favoured from our lord the Pope and several of his cardinals, they have all saluted me by the title which you suppress, and you are bound to follow, or rather to worship their footsteps. "Be advised then by me for the future to act a discreeter part, and having a proper respect for others when you write to them, give them the appellations of honour to which they are entitled. 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." "We might consider this suppression of our title by you as a premeditated injury, and act accordingly; but we are contented with this remonstrance for the present, in the hope of your amendment. Farewell."† If any such hope was really entertained it was disappointed. De Neville not only did all the duties of Chancellor, but took every opportunity of insulting his superior, and refused to give him any account of fees received. De Marisco, finding that he could obtain no redress, sent in the long-wished resignation, and retired to his diocese, where he soon after died. *See "Rhetoricorum ad Herennium," lib. i. 14, where the case being put that "the fact is admitted and the law is disputed," Cicero, or whoever the author may be, gives this illustration: "Mimus quidam nominatim Accium poetam compellavit in scena: cum eo Accius injuriarum agit: hic nihil aliud defendit, nisi licere nominari eum, cujus nomine scripta dentur agenda." The Chancellor has changed "scena" into "coenaculo." "Scena cum eo" had, probably, been first turned into "scoenaculo." This is a specimen of the perils to which manuscript literature is exposed. However, the familiarity of the Mediæval writers, from Bede downwards, with the Latin classics is often very striking. "Ricardus Dei gratia Dunelmensis Episcopus Domini Regis Cancellarius dilecto suo Radulpho de Neville Decano Lichefeldensi Salutem. Mirabile fuit in oculis nostris et satis admirari dignum vos nomen Cancellarii in literis vestris nobis destinatis suppressisse; cum experientiam vestram non lateat nec conscientiam vestram latere debeat, nos dictæ dignitatis officio fuisse et esse sollempniter assignatos, ejusdem prærogativæ preeminentia gratia Dei ulterius gavisuros, oblatrantium morsibus in se ipsos redeuntibus, et nostri constantiam in nullo contaminantibus. Quia quid me dimidiant integer esse volo. Dominus autem Papa, et Cardinales sui quamplures, nos pridie literarum suarum beneficiis memoratæ dignitatis appellatione minus suppressa gratia sui visitarunt, et vos eorum non solum sequi sed potius adorare vestigia tenemini. Et de consilio nostro de cætero non intercepto discretiori judicio teneamini, reverencia locum suum decenter etiam sortita inter cætera attributa persona de jure, et ratione convenientia nequaquam in literis vestiis exterminata. Legis enim reverencia est quemvis nomine dignitatis nuncupare, et Accium Poetam in cœnaculo proprio nomine compellatum injuriarum egisse. Et nos sepedictæ suppressionis occasione licet condigna et consimili ratione injuriarum agere possimus in præsentiam dignum duximus sub expectatione melioris subticere. Valete."-Ex Orig. in Turr. Lond. He was interred in his own cathedral, where a monument was erected to his memory with the following curious epitaph: Culminis qui cupi Et sedata si tis Vobis præposi Quod sum vos eri laudes pompasque sui tis. CHAP. VII. CHAP. VII. A.D. 1227. DE NE VILLE, The title of Chancellor was conferred on DE NEVILLE, who had for some time enjoyed the powers and the profits of the office.* This ambitious man was now also Bishop of Chichester, Chancellor, and was bent upon engrossing the highest civil and ecclesiastical dignities. That he might be secure in the office of Chancellor against such acts as he himself had practised, he obtained a charter from the King, dated the 12th of February, in the 11th year of the reign, "granting and confirming to him the King's Chancery, to hold during his whole life, with all the issues, liberties, and other things thereto belonging, as freely, quietly, entirely, and honourably as the Chancellors of former Kings, his predecessors, held the same." A.D. 1231. Grant to him of office of Chancellor for life. Four years after he received a renewal and confirmation of this grant, "with power that he might bear and keep the Seal, either by himself in person as long as he pleased, or by some other discreet, sufficient, and fit assignee; which assignee should be sworn to the King for his faithful service for the true and faithful keeping of the said Seal, in the room of the said Ralph, before receiving it into his custody; and if such assignee died, or became professed in religion, or should be put out for any reasonable cause, either by the King or the Chancellor, or if the assignee refused to keep the Seal any longer, then the Chancellor, in the room of such assignee, was to substitute some other discreet, sufficient, and fit person, who should be sworn to the King for his faithful service, in like manner as the first assignee was before he received the Seal into his keeping." For some reason, which we do not understand, this grant was twice renewed, nearly in the same words. According to Matthew Paris, these grants were confirmed in Parliament, so that the Chancellor was not to be deposed from the custody of the Seal unless it were so ordained by the consent and advice of the whole realm.‡ De Neville's cupidity was not yet satisfied, and in the Rot. Cart. 11 Hen. 3. This is an exact translation of the clause giving a power to appoint a deputy, which shows that the multiplication of words in legal instruments is not a very modern invention. Itaque scilicet ut non deponeretur ab ejus sigilli custodia nisi totius regni ordinante consensu et concilio. VII. A.D. 1233. wise made eighteenth year of the reign, the King "granted and con- СНАР. firmed for himself and his heirs to Ralph Bishop of Chichester, then his Chancellor of England, the Chancellorship of Ireland, to hold during the life of the Chancellor, with all the appur- He is liketenances, liberties, and free customs to the said Chancellor- Chancellor ship of Ireland belonging. And the King sent a writ patent, of Ireland. dated at Gloucester the 21st May, in the eighteenth year of his reign, to Maurice Fitzgerald, his Justiciar of Ireland, reciting the said grant of the Chancellorship of Ireland, and ordering "that G. de Turville, Archdeacon of Dublin, should be admitted Vice-Chancellor, the Chancellor having deputed him thereto."* This, I believe, is the only instance of the office of Chancellor of England and Chancellor of Ireland being held at the same time by the same individual. Neville for a while enjoyed the additional dignity of And Guar Guardian of the realm. The King, going into Gascony with Hubert de Burgh, and taking the Great Seal with him, appointed the Chancellor and Stephen de Segrave to govern the kingdom during his absence, directing all writs and grants to be sealed with another seal, which he gave into the Chancellor's keeping.† This insatiable lover of preferment still longed for higher ecclesiastical dignity, and had nearly reached the summit of his ambition, for, upon a vacancy in the see of Canterbury, he was elected Archbishop; but the Pope thought him too much attached to the Crown by his civil offices, and assumed to himself the power of annulling the election. In the hope of better success by bribery another time, the Chancellor went on amassing immense wealth by the plunder of England and Ireland. dian of realm., Disappointed of the pri macy. Hubert de Burgh was no check on his rapacity, for the Chief Justiciar had obtained a similar grant for life of his own office, although it had hitherto been always held during pleasure. His grant likewise was confirmed in Parliament; and, to support these corrupt jobs, the plausible maxim was relied upon, that judges ought to be independent of the Crown. But little respect was paid to charters or acts of parliament Triumph of Rupibus. Peter de Rot. Cart. 17 Hen. 3. m. 8. Pat. 14 Hen. 3. m. 5 |