CHAP. A. D. 1291. His dexterity. the whole of the nobility were of Norman extraction, superior knowledge and address having established the illustrious descendants of Rollo in the northern part of the island, as superior bravery had in the southern. Nothing can exceed the dexterity with which the competitors for the crown were induced to submit themselves to the arbitrament of Edward, and the whole Scottish nation to put themselves in his power. These results were chiefly ascribed to the management of the Chancellor. The Prelates, Barons, and Knights of Scotland, representing the whole community of that kingdom, having met in a green plain on the left bank of the Tweed, directly opposite to the castle of Norham, in pursuance of the leave given them to deliberate in their own country,- Burnel went to them in his master's name, and asked them "whether they would say any thing that could or ought to exclude the King of England from the right and exercise of the superiority and direct dominion over the kingdom of Scotland which belonged to him, and that they would there and then exhibit it if they believed it was expedient for them;-protesting that he would favourably hear them, allow what was just,—or report what was said to the King and his council, that what justice required might be done." Upon repeated demands, the Scots answered nothing; whereupon the Chancellor recapitulated all that had been said at the last meeting relative to the King's claim; and a public notary being present, the right of deciding the controversy between the several competitors for the crown of Scotland was entered in form for the King of England. After which the Chancellor, beginning with Robert Bruce, Lord of Annandale, asked him in the presence of all the Bishops, Earls, Barons, &c., "whether, in demanding his right, he would answer and receive justice from the King of England as superior and direct Lord over the kingdom of Scotland?" Bruce, in the presence of them all, and of the public notary, none contradicting or gainsaying, answered "that he did acknowledge the King of England superior and direct Lord of the kingdom of Scotland, and that he would before him, as such, demand answer and receive justice. The same question was successively put to all the other competitors, who returned the like response. Not contented with this, Burnel required that they should sign and seal a solemn instrument to the same effect,-which they accordingly did,-quickened by hints thrown out that the candidate who was the most complying would have the best chance of success.* Eighty commissioners were appointed from both nations to assist in taking evidence, and hearing the arguments of all who were interested. Their meetings were held at Berwick, and the English Chancellor presided over their deliberations. Edward being obliged to return to the south to attend the funeral of his mother, Queen Eleanor (Ex-Lady-Keeper of the Great Seal), left Burnel behind at Berwick to watch over the grand controversy, which was now drawing to a close. The claims of all the competitors, except two, were speedily disposed of; and as between these the doctrine of representation prevailed over proximity of blood. The judgment was accordingly in favour of Baliol, the grandson of the elder sister, against Bruce, the son of the younger, the judge being probably influenced as much by a consideration of the personal qualities of the competitors as by the opinion of the great jurists in different parts of Europe who were consulted. Baliol had already exhibited that mixture of subserviency and obstinacy, of rashness and irresoluteness, which made him such a desirable vassal for a Lord, resolved by all expedients, as soon as a show of decency would permit, to get the feud, by pretended forfeiture, into his own hands. Burnel. Lord Chancellor Burnel died at Berwick on the 25th day Death of of October, 1292, and was buried in his own cathedral at Wells. He surely well deserves a niche in a gallery of British statesmen. He was censured for the great wealth he amassed†; but he His chaemployed it nobly, for he not only erected for his family the racter. castellated dwelling in which he received the King and par 1 Parl. Hist, 40. It appears from the inquisition held in the year after his death (21 Ed. 1.), that the extent of his temporal possessions was commensurate with his dignities, as he held more than thirty manors, besides other vast estates in nineteen different counties.-Cal. Lug. p. m. I. p. 115. X. CHAP. liament, but likewise a splendid episcopal palace at Wells, long the boast of his successors. Nepotism was another charge against him, from his having done so much to push forward two brothers and other kindred. This however must be regarded as a venial failing in churchmen, whose memory could not be preserved in their own posterity.* If he was rather remiss in the discharge of his episcopal duties, he is to be honoured for the rational and moderate system he pursued in ecclesiastical affairs, - neither encroaching on the rights of the clergy, nor trying to exalt them above the control of the law. As a statesman and a legislator, he is worthy of the highest commendation. He ably seconded the ambitious project of reducing the whole of the British Isles to subjection under the crown of England. With respect to Wales he succeeded, and Scotland retained her independence only by the unrivalled gallantry of her poor and scattered population. His measures for the improvement of Ireland were frustrated by the incurable pride and prejudices of his countrymen. But England The whole of the family possessions centred in the Chancellor's nephew, Philip, who was summoned to parliament as a Baron by writ in 1911. The male line of the family soon after failed; but in the reign of Edward III. the Chancellor was represented, through a female, by Nicholas Lord Burnel, who gained great renown in the French wars, and had a keen controversy respecting the Burnel arms with the renowned warrior Robert de Morley. It happened that they both were at the siege of Calais, under Edward III., in 1346, arrayed in the same arms. Nicholas Lord Burnel challenged the shield as belonging to the Burnels only, he having at that time under his command 100 men, on whose banners were his proper arms. Sir Peter Corbet, then in his retinue, offered to combat with Robert de Morley in support of the right which his master had to the arms, but the duel never took place, probably because the king denied his assent. The suit was then referred to the court of chivalry, held on the sands at Calais, before William Bohun, Earl of Northampton, high constable of England, and Thomas Beauchamp, Earl of Warwick, earl marshal. The trial lasted several days, when Robert, apprehending that the cause would go against him, took an opportunity, in presence of the king, to swear by God's flesh, that if the arms in question were adjudged from him, he never more would arm himself in the king's service. On this the king, out of personal regard for the signal services he had performed in those arms, and considering the right of Nicholas Lord Burnel, was desirous to put an end to the contest with as little offence as possible. He, therefore, sent the Earl of Lancaster, and other lords, to Nicholas, to request that he would permit Robert de Morley to bear the arms in dispute for the term of his life only, to which Nicholas, out of respect to the king, assented. The king then directed the high constable, and earl marshal, to give judgment accordingly. This they performed in the church of St. Peter, near Calais, and their sentence was immediately proclaimed by a herald in the presence of the whole army there assembled."— Pennant's North Wales. continued to enjoy the highest prosperity under the wise laws CHAP. which he introduced.* * Edward I., returning from the Holy Land, at Bologna engaged in his service Franciscus Accursii, a very learned civilian, whom he employed as his ambassador to France and to Pope Nicholas III.,-but, as far as I can trace,— not in his law reforms, or in any part of his domestic administration. A hall at Oxford was appropriated to the use of this Italian,—from which some have supposed that he there gave lectures on the civil law. When he left England in 1281, he received from the king 400 mares, and the promise of an annuity of 40 mares.- See Palg. on Council, note L. p. 134. Duck. xxii. X. CHAPTER XI. CHANCELLORS AND KEEPERS OF THE GREAT SEAL FROM THE DEATH CHAP. XI. Oct. 25. JOHN DE Dec. 17. 1292. ON the death of Burnel the Great Seal was, for a short time, in the keeping of William de Hamilton*, a man of business and of moderate abilities, who subsequently became Chancellor. But if he expected to succeed to the envied office on this occasion, he was disappointed; for soon after the Chancellor. King heard of the loss he had sustained, he named as the new Chancellor JOHN DE LANGTON, a person who, though much inferior to his predecessor, acted a considerable part in His origin. this and the succeeding reign. He was of an ancient family in Lincolnshire, which produced Cardinal Stephen Langton, Archbishop of Canterbury, so illustriously connected with Magna Charta, and of which Bennet Langton, the friend of Dr. Johnson, was the representative in the reign of George III. He early distinguished himself by his talents and industry, and rendered himself useful to Lord Chancellor Burnel. Being introduced into the Chancery as a clerk, he rose to be Master of the Rolls, and showed qualities fitting him for the highest offices in the state. † There is an entry in the Close Roll, 20 Ed. 1., stating that the Great Seal was in the keeping of Walter de Langton, keeper of the wardrobe, under the seal of William de Hamilton; but it is certain that Hamilton sealed the writs, and did the business of the Great Seal, which was probably ordered to be kept in the King's wardrobe under the superintendence of the keeper of the wardrobe. The following is a true copy of a letter of congratulation to him on his appointment as Chancellor, lately discovered in the Tower : "Domino suo reverendo suus devotus in omnibus si quid melius sit salutem. Immensa Dei clementia quæ suæ virtutis gratia gratis interdum occurrit homini non quæsita vos ad regni gubernaculum in regia Cancellaria officio feliciter promovit non est diu. Super quo Ei regratior a quo fons emanat indeficiens totius sapientiæ salutaris. Sed ecce Domine vos qui in parochia de Langeton originem duxistis sicut placuit Altissimo et ibidem refocillati fuistis maternis sinibus nutritivis. Quæ immenso gaudio vos post doloris aculeos pariendi refocillavit ad honorem Dei et Regni gubernaculum quo præestis in quo ipse placeat qui vos ad culmen honoris hujusmodi evocare dignatus est ut ei primo |