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 mnch 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 pretending forfeiture, into his own hands. He Lord Chancellor Burnel died at Berwick on the 25th day of October, 1292, and was buried in his own cathedral at Wells. surely well deserves a niche in a gallery of British statesmen. He was censured for the great wealth he amassed;* but he employed it nobly, for he not only erected for his family the castellated dwelling in which he received the King and parliament, but likewise a splendid episcopal palace at 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 epis * 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. The whole of the family possessions centered in the Chancellor's nephew, Philip, who was summoned to parliament as a Baron by writ in 1311. The male line of the family soon after failed; but in the reign of Edward III. the Chancellor was represented, through a female, by Nicholas Lord Burnel, who gained great renown in the French wars, and had a keen controversy respecting the Burnel arms with the renowned warrior Robert de Morley. It happened that they both were at the siege of Calais, under Edward III., in 1346, arrayed in the same arms. Nicholas Lord Burnel challenged the shield as belonging to the Burnels only, he having at that time under his command 100 men, on whose banners were his proper arms. Sir Peter Corbet, then in his retinue, offered to combat with Robert de Morley in support of the right which his master had to the arms, but the duel never took place, probably because the king denied his assent. The suit was then referred to the court of chivalry, held on the sands of 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, apprehendiug that the cause would go against him, took an opportunity, in presence of the copal 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 unrivaled gallantry of her poor and scattered population. His measures for the improvement of Ireland were frustrated by the incurable pride and prejudices of his countrymen. But England continued to enjoy the highest prosperity under the wise laws which he introduced.* * CHAPTER XI. CHANCELLORS AND KEEPERS OF THE GREAT SEAL FROM THE DEATH OF LORD CHANCELLOR BURNEL DURING THE REMAINDER OF THE REIGN OF EDWARD I. 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 [OCT. 25, 1292.] the envied office on this occasion, he was disappointed; for soon 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. * 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 marcs, and the promise of an annuityof 40 marcs.-See Palg. on Council, note L. p. 134. Duck xxii. † 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. after the King heard of the loss he had sustained, he named as the new Chancellor JOHN DE LANGTON, a per[DEC. 17. 1292.] son who, though much inferior to his predecessor, acted a considerable part in this and the succeeding reign. He was of an ancient family in Lincolnshire, which produced Cardinal Stephen Langton, Archbishop of Canterbury, so illustriously connected with Magna Charta, and of which Bennet Langton, the friend of Dr. Johnson, was the representative in the reign of George III. He early distinguished himself by his talents and industry, and rendered himself useful to Lord Chancellor Burnel. Being introduced into the Chancery as a clerk, he rose to be Master of the Rolls, and showed qualities fitting him for the highest offices in the state.* He continued Chancellor for ten years to the entire satisfaction of his royal master, who required no ordinary zeal and activity in his ministers. Immediately upon his appointment he published an ordinance in the King's name for the more regular despatch of business, "that in all future parliaments all petitions shall be carefully examined, and those which concern the chancery shall be put in one bundle, and those which concern the exchequer in another, and those which concern the justices in another, and those which are to be before the King and his Council in another, and those which are to be answered in another."+ A parliament was called at Westminster soon after, when the new Chancellor had to begin the session with dis[A. D. 1293.] dosing of a very novel appeal, which was entered by the Earl of Fife against Baliol King of Scotland as vassal of Edward King of England;-and the question arose, whether the appeal lay? This was immediately decided by Lord Chancellor Langton, with the unanimous concurrence of the Lords, in the affirmative; and the respondent was ordered to appear. Formerly * 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 homin. non quæsita vos ad regni gubernaculum in regia Cancellaria officio feliciter promi ovit non est diu. Super quo Ei regratior a quo fons emanat indeficiens totius ap-ientiæ 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 culen honoris hujusmodi evocare dignatus est ut ei primo secundario domino Regi et populo possitis complaceread honorem Jesu Christi, ut autem ei fiducialius obsequamini qui vos sic promovit de gratia sua speciali ut ei visceralius obsequamini cum vacare poteritis affectione pleniori portitorium quoddam non extra septa portarum portantem vobis mitto rogans quatenus exilitatem tanti munusculi exemplo Catonis placide admittentes servitium divinum in eodem exercere et discere vobis placeat in honorem illius qui omnia creavit ex nichilo et retributor est universalis bonitatis."-Royal and other Letters, temp. Edward I. 65. xx. S. † Claus. 21 Ed. 1. m. 7. This shows the Aula Regia to have become familiar. in the English parliaments there had always been placed on the right hand of the throne, and on the same level with it, a chair for the King of Scotland, who came to do homage for Cumberland and his other possessions in England,-as the Kings of England did homage to the Kings of France for Normandy and Guienne. Baliol now claimed the place and precedence of his royal predecessors; but the Chancellor, in the name of the House, announced the resolution of their Lordships, "that he should stand at the bar as a private person amenable to their jurisdiction, and that having been guilty by his contumacy of a breach of feudal allegiance, three of his principal castles should be seized into the King's hands till he gave satisfaction."* Baliol, seeing the degradation to which he had reduced himself and his country, soon after renounced his allegiance as unlawfully extorted from him, and in the vain hope of effectual assistance from France, set Edward at defiance. "And now," says Daniel, began the contests between the two nations which spilt more Christian blood, did more mischief, and continued longer, than any wars that we read of between any two people in the world."+ Lord Chancellor Langton had the proud satisfaction of presiding at a parliament held at Berwick in 1296, after Edward had overrun, and for the time subjugated, Scotland. There he administered the oaths of allegiance to all the Scottish nobility, who were reduced to the sad necessity of swearing fealty to the haughty conqueror, and of binding themselves to come to his assistance at any time and place he might prescribe. But Wallace soon arose ;-Robert Bruce was to follow,-and amid the general gloom the Highland seers could descry in the distant horizon shadows of the glories of Bannockburn. We must confine ourselves to events in which Lord Chancellor Langton was more immediately concerned. The following year Edward, thinking that he had conquered [A. D. 1297.] Scotland, determined to carry on war against France, that he might take vengeance for the perfidy of the monarch of that country, by which he asserted he had been tricked out of Guienne. Having assembled his fleet and army at Winchelsea, then the great port of embarkation for the Continent, he hastened thither himself to meet them, accompanied by the Chancellor, who on board the ship " Edward" delivered the Great Seal into his own hand as he was setting sail for Flanders.‡ The King carried it abroad with him, having appointed John de Burstide, who attended him as his secretary, to keep it. But Langton still remained Chancellor, and on his way back to London, at Tonbridge Castle, another seal was delivered to him by Prince Edward, appointed guardian of the realm in the King's absence. * 1 Parl. Hist. 41. † Dan. Hist. p. 111. Rot. Pat. 25 Ed. 1. n. 2. m. 7. Rot. Claus. m. 7. A parliament was soon after held while the King remained abroad, nominally under the young Prince, but ac[A. D. 1297.] tually under Langton. Here broke out a spirit of liberty which could not be repressed, and the Chancellor was obliged to allow the statute to pass both Houses, called " The Confirmation of the Charters," whereby not only MAGNA CHARTA and CHARTA DE FORESTA were confirmed, but it was enacted that any judgment contrary to them should be void; that copies. of them should be sent to the cathedral churches throughout the realm, and read before the people twice every year*; that sentence of excommunication should be pronounced on all who should infringe them † ; and that no aids should be taken without the consent of parliament.‡ The statute was in the form of a charter, but the Chancellor conceived that he had no power to give the royal assent by putting the seal to it, and it was sent to Flanders by messengers from both Houses, to be submitted to Edward himself. After much evasion and reluctance, he ordered De Burstice to seal it with the Great Seal which ne had brought along with him. The king, baffled in his military operations against France, and alarmed by the news of an insurrection in Scotland under Wallace, found it prudent to return to his own dominions, and (according to the Close Roll) on Friday, the 14th of March, 1298, he landed at Sandwich from Flanders, and the next day, about one o'clock, John de Langton, the Chancellor, came to the King's bed-chamber at Sandwich, and there, in the presence of divers noble persons, by the King's bedside, he delivered up to the King the seal that had been used in England during his absence, and the King immediately after, with his own hand, delivered to the Chancellor the Great seal which he had taken with him to Flanders.§ Edward, having obtained (it is to be feared by the advice of the Keeper of his conscience) a dispensation from [A. D. 1298.] the Pope from the observance of "the confirmation of the Charters" to which he had given his assent when out of the realm, the Parliament the following year passed the statute of Articuli super Chartas," which introduced the new enactment, "that the commonalty should choose three persons in every county to be authorised by the King's letters patent under the Great Seal, to hear and determine such complaints as should be made of those who offended in any point against the Charters, as well the King's officers as others, and to punish them by imprisonment, ransom, or amercement, according to the trespass." To this statute the King gave his royal assent in person from the throne, "the Chancellor and the Judges sitting on the woolsacks," and from this * 25 Ed 1. c. 2. + C. 3. § Rot. Pat. 26 Ed. 1. mm. 23. 12. in dorso. 28 Ed. 1. stat. 3. † C. 4. C. 5 and 6. 2 Inst. 525. |