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XVI.

Civil war.

A parliament.

Arundel dismissed,

those who should persevere in maintaining it were guilty of treason; and that the House of Commons cannot, without the King's consent, impeach any of his Ministers or Judges.

Gloucester and the Chancellor flew to arms as soon as they heard of this consultation, and met Richard near Highgate with a force which he and his adherents could not resist. They accused the Earl of Suffolk, the Duke of Ireland, Sir Robert Tressilian, and others who impugned the commission, as public and dangerous enemies to the state.

A new parliament was called in February, 1388*, which was opened by a speech from the Bishop of Ely, the Chancellor, inveighing against the opposite faction. An appeal of treason, consisting of many articles, was preferred against the discomfited leaders of it, and, as a matter of course, they were found guilty. Tressilian, the Chief Justice, being discovered in an apothecary's shop in Palace Yard, where he had some time lain concealed, was hanged at Tyburn, and his fate seems to have excited little compassion, for he had shown himself ready to mete out like injustice to others, and he had extra-judicially pronounced opinions which, if acted upon, would have been for ever fatal to public liberty.

It seemed as if those now in power never could be deprived of it. Thomas of Arundel, the Chancellor, had been made Archbishop of York, and he no doubt expected to hold the Great Seal without interruption for many years. But in the A.D. 1389. beginning of May, 1389, Richard unexpectedly and peaceably recovered his authority, and all those who had been concerned in the late plots against him were dismissed from their employments. This change seems to have been brought about merely by a reaction in public opinion, and a dislike in the English nation to power remaining long in the same hands.

Richard, on this occasion, conducted himself with great moderation, and he confirmed by proclamation the general pardon which the parliament had passed for all offences.

1 Parl. Hist. 196. 1 St. Tr. 89.

CHAPTER XVII.

THE

CHANCELLORS AND KEEPERS OF THE GREAT SEAL FROM
SECOND CHANCELLORSHIP OF WILLIAM OF WICKHAM TILL THE
END OF THE REIGN OF RICHARD II.

CHAP.

XVII.

May 4. 1389. Wickham again

William of

Chancellor.
His history

two Chancellorships.

WILLIAM OF WICKHAM, Bishop of Winchester, after a retirement from office of eighteen years, was again made Chancellor, as a person likely to be generally acceptable. After his resignation of the Great Seal in 1371, he had employed himself in repairing the twelve castles, or manorial residences, belonging to him as Bishop, on which he spent 20,000 marks; —in rebuilding the cathedral at Winchester; --and in reforming abuses in the monasteries and religious between his houses within his diocese, particularly the ancient hospital of St. Cross, founded by the famous Bishop Henry de Blois, brother of King Stephen. Having been appointed by "the Good Parliament," which met in 1376, one of the council. established to superintend the conduct of public affairs, he had the misfortune to incur the displeasure of the Duke of Lancaster, who then wished to engross all power into his own. hands. By his contrivance, eight informations were filed against the Bishop in the beginning of the next Michaelmas term, charging him with various acts of pecuniary defalcation, oppression, and perversion of the law while he was Keeper of the Privy Seal and Lord Chancellor. The cause was tried before a partial commission of Bishops, Peers, and Privy Councillors, and although convicted only on one charge, which amounted at most to an irregularity, he was heavily fined, an order was issued for sequestering the revenues of his bishopric, and he was forbidden to come within twenty miles of the Court. When, on the petition of the Commons the general pardon was issued by the King in consideration of its being the year of his jubilee, the Bishop of Winchester

• Under a regulation then made, every traveller who visits the hospital is now presented with a cup of ale and a small loaf,—ut gustavi.

CHAP.
XVII.

A parliament,

A.D. 1390.

The Chancellor lays

down his office in parliament,

alone was exempted from its benefit. His enemies contrived to throw an imputation upon him that he was patronised by Alice Pierce, and that he instigated her to withstand the parliament. In spite of this scandal, his brethren of the clergy now assembled in convocation, manfully took up his cause, and his temporalities were restored to him on condition of his fitting out three ships of war for the defence of the kingdom. The mulct was remitted on the accession of Richard II.; but the prosecution subjected him to a loss of 10,000 marks.

During the minority of Richard the Ex-chancellor had not interfered with politics, except that after the suppression of Wat Tyler's rebellion he was one of the seventeen persons appointed by the Commons to confer with them on the condition of the kingdom, and that in 1386 he was one of the fourteen appointed by the parliament, at the instigation of the King's uncle, the Duke of Gloucester, to be a council to the King for one year, and to exercise all the powers of government. In this capacity he conducted himself with so much mildness and moderation, that when Richard recovered his authority he still wished to have him near his person.

His restoration to the office of Chancellor under the present circumstances was generally approved of; for if his judicial qualifications for it were slender, the people were pleased to see it once more filled by a man of moderate opinions and unsullied integrity.

In January, 1390, a parliament met, which he opened with a speech, "declaring the King to be of full age, and that he intended to govern his people in peace and quiet, and to do justice and right to all men."*

The Chancellor then, to gain popularity, went through a ceremony prescribed by a repealed statute of Edward III.;he surrendered the Great Seal to the King before both houses of parliament; -the Bishop of St. David's, the Lord Treasurer, appointed. at the same time delivered up the keys of the Exchequer ; and they prayed that they might be discharged,-"complaining of the great labour and costs to which they were continually

and is re

* 1 Parl. Hist. 216.

put in their said offices, and praying that other good and sufficient persons might be appointed in their stead." After this resignation, it was openly proclaimed in full parliament, “that if any person could justly complain of any illegal action, or any thing done amiss by them in their several offices, he should come forth and he should be heard, for they now stood upon their deliverance." Both the Lords and Commons answered "that they knew nothing amiss against them, and that they had behaved themselves well in their respective offices." Whereupon the King re-instated the Bishop of Winchester in the office of Chancellor, and re-delivered to him the Great Seal, and the Bishop of St. David's in the office of Treasurer, and re-delivered to him the keys of the Treasury.

Nevertheless the Commons showed suspicion and jealousy of the future proceedings of the Chancellor, for they prayed the King" that neither the Chancellor nor the King's Council, after the parliament is ended, may make any ordinance against the common law nor the ancient customs of the land, nor against the statutes heretofore passed in the present parliament, and that no judgment rendered be annulled without due process of law." An evasive answer being given, the Commons returned to the attack, and prayed "that if the Chancellor should compel the King's lieges to appear before him to answer any thing that may be recovered at common law, he shall be liable to a penalty of 1007.; " but the answer still was "The King willeth, as his progenitors have done, saving his regality."*

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CHAP.

XVII.

Resigna-
William of
Wickham.

tion of

William of Wickham remained Chancellor, the second time, till the 27th of September, 1391, when he was succeeded by Thomas Arundel, Archbishop of York, who had been his immediate predecessor.† This change took place A.D. 1391. without any convulsion, and seems to have been the result of an amicable compromise between the contending parties. The Duke of Gloucester was restored to his place in the council, and, for a short time, there was a prospect of public tranquillity.

Here we must take leave of Lord Chancellor Wickham.

*Rot. Par. 13 Ric. 2.

Rot. Cl. 15 Ric. 2. m. 34.

CHAP.
XVII.

His retirement from public life.

His death.

His merits.

September,

Thomas de

From this date he seems to have interfered little in public affairs. He was in some danger in 1397, when the Duke of Gloucester was put to death, and several of his associates were attainted for their former resistance to the royal authority; but, at the intercession of the Commons, it was declared by the King, from the throne, that the Bishop of Winchester had not been implicated in what his fellowcommissioners had then done. He was present in the parliament held the 30th of September, 1399, when Richard was deposed, and in the first parliament of Henry IV., summoned a few days after; but this was the last which he attended. He now devoted himself to his episcopal duties, and the superintendence of his two noble foundations at Winchester and Oxford, which have contributed so much to the cause of sound education in England, and have rendered his name so illustrious.*

He expired on the 27th of September, 1404, in the eightyfirst year of his age, having presided over the see of Winchester above thirty-eight years.

None of his decisions as Chancellor have come down to us, but he left a greater name to posterity than many of his successors of much higher juridical authority. We are to admire in him not only his unrivalled skill in one of the fine arts, but his extraordinary aptitude for all civil business, his equal and benevolent temper, his enlightened munificence, and his devoted love of learning.†

We are now in the tranquil period of Richard's reign, in 1391. which he was permitted to give free scope to his love of indoArundel's lence, low pleasures, and frivolous company. Thomas de Arundel's second Chancellorship lasted about five years, without being marked by any striking events till the close of

second

Chancellorship.

The bull of Pope Urbanus VI. for founding Winchester school, was granted 1st June, 1378. The building of the college at Oxford, which he called “ St. Mary College of Winchester, at Oxford," afterwards "New College," was begun in 1380 and finished in 1386; the papal bull confirming its statutes is dated 19th July, 1398.—I have a great kindness for the memory of William of Wickham, when I think of his having produced such Wickhamists as my friends Baron Rolfe and Professor Empson.

"Hactenus ire libet, tu major laudibus istis Suscipe conatus, Wicame Dive, meos." † See Hist. Descrip. Gul. Wick. Life by Lowth.

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