Billeder på siden
PDF
ePub

I calculate that the work will be completed in two additional volumes, for which I have already made considerable preparations, and which, if my life and strength be preserved to me, I shall ere jong lay before the public. Little interruption to study is offered by the political business of the Ilouse of Lords, and although I resolve still regularly to attend the hearing of Appeals and Writs of Error there, and the meetings of the Judicial Committee of the Privy Council, a considerable portion of the year is left entirely under my own control. That the “ Second Series" may be less defective, I earnestly request the communication of any scarce tracts or unpublished MSS. which are likely to be of service to me.

If the work should be worthily finished, my ambition is, that it may amuse the general reader; that it may afford some instruction to those who wish to become well acquainted with our constitutional history; and above all, that it may excite the young student of the law to emulation and industry, and confirm in his mind the liberal and honourable maxims which ought ever to govern the conduct of an English Barrister.

Stratheden House,

Nov. 1, 1845.

VOL. I.

PREFACE

TO

THE SECOND EDITION.

1

1

2

In presenting to the public a Second Edition of my First Series of the “ LIVES OF THE LORD CHANCELLORS OF ENGLAND,” I would rather expose myself to the imputation of vanity than of ingratitude; and I must therefore express my warm thanks for the favour with which the book has been received. I may truly say, that within a few weeks after its publication " it was on every table, and almost on every toilette." Though founded on historical records, and having solid instruction for its object, it has been as generally read as popular works of fiction, aiming at nothing beyond amusement.

I must especially return my thanks for the kind manner in which, without regard to politic 3, the book has been treated in periodical publications — quarterly, monthly, weekly, and daily. Gentlemen who have written these criticisms have done ample justice to any merits which they discovered, and have forborne to dwell upon mistakes which could not have escaped them.

This edition will be found not only more correct, but enriched with several interesting documents which have recently been communicated to me, -- particularly a congratulatory Epistle to John de Langton on his appointment as Chancellor by Edward I, ; Richard III.'s Letter to Lord Chancellor John Russell respecting the marriage of the Solicitor General with Jane Shore ; a letter to negotiate a marriage between the daughter of Lord Chancellor

1

D

Audley and the son of Sir Anthony Denny; the courtship of young Edward Trafford and Margaret Boothe under the decree of Lord Keeper Sir Nicholas Bacon; Lord Chancellor Hatton's address to the Bar on a call of Serjeants; Lord Ellesmere's de cree to punish the prolixity of an equity draughtsman ; two letters of Lord Keeper Williams, and a very curious letter to Jeffreys

t

was held even in that period of his career. I earnestly implore that errors and omissions may still be pointed out to me.

I have made considerable progress with my SECOND SERIES; and I trust that Volumes IV. and V. will be published before the end of the present year. These will bring down the Chancellors to the death of Lord Thurlow. A supplemental Volume, incluning Lord Loughborough, Lord Erskine, and Lord Eldon, will complete the work. I then propose (life and health being preserved to me) to proceed with the “ LIVES OF THE LORD CHAN" CELLORS OF IRELAND,” — among whom are to be found char. acters as interesting as any I have yet described, and whose history, I think, may be made to shed a new light upon the con. nection between the two countries.

Stratheden House,
April 22, 1846.

CONTENTS

Etymology of Word " Chancellor,"?Page 37. Antiquity of the Office in England,

38. Original Duty of Chancellorto frame Writs, 39 And Royal Grants, 39.

Custody of Great Seal, 39. Chancellor Keeper of King's Conscience, 39. Chan-

cellor forinerly subordinate Officer, without judicial Power, 40. Common-law

Jurisdiction of Chancellor, 41. Equitable Jurisdiction, 42. Objections to Anti-

quity of Equitable Jurisdiction, 42." Definition of Equitable Jurisdiction, 42. Ex-

tension of Equitable Jurisdiction of Chancellor, 43. From Inrolments in Chancery

under Recognis:ince, 43. Fees, &c., 41. Harmony between Common Law and

Equity, 45. Discretion of Chancellor, 45. Appeal from Chancellor as Equity

Judge, 45. Habeas Corpus and Prohibitions, 46. Ne exeat Regno, 47. Juris-

diction over Coroners, 47. Criminal Jurisdiction, 47. Bankruptcy, 47. Lunacy,
47. Chancellor not ex officio Privy Councillor, 49. Speaker of Lords, 49. Pro-

tection and Precedence, 49. Chancellor no Vote or Voice in Lords unless a Peer,

50. Anciently addressed two Houses at Meetiny of Parliament, 50. Trial of

Peers, and Impeachments, 50. Star Chamber, 51. Trial of the Pyx, 51. Chan-
cellor appoints Justices of Peace, 51. Patronage, 52. Visitor, 52. Other Func-
tions, 52. Office of " Keeper of the Great Seal,” 52. Lords Commissioners of

Great Seal 53. Present Title of Lord Chancellor, 51. Mode of Appointment, 54.

Tenure of Office, 54. Mode of using Great Seal, 55. Negociation of Marriage
of Henry VI. under Great Seal, 55. Use of Great Seal by Edward IV , 56.
Times of Tudors and Stuarts, 56. Use of Great Seal since the Revolution of 1688

57. Origin of Expression of " The Seals,” 57. Adoption of new Great Seal, 57.

Care in keeping the Great Seal, 58. Emoluments of Office, 58. Etiquette, 59.

In Parliament, 59. When administering Oaths to Prince of Wales, 59. To

King's younger Sun, 59. To Peers in Chancery, 59. Lord Mayor's Day, 59.

Statute respecting Apparel of Chancellor, 60.

Merits of the Anglo-Saxons, 61. AUGMENDUS, Chancellor to Ethelbert, 61. St.

SWITHIN, Chancellor to Eybert and Ethelwulf, 61. TURKETEL, Chancellor
under Edward the Elder, 63. Athelstan, 64. Battle of Brunenburgh, 64. Ed-

« ForrigeFortsæt »