CHAP. A. D. 1199. Accession of John. HUBERT, Archbishop of CHAPTER VI. OF THE CHANCELLORS DURING THE REIGN OF KING JOHN. WE have now materials for an exact history of the Great Seal. From the beginning of the reign of King John to the present time, it has seldom been placed in the custody of any person, even for a single day, without a memorandum of the transfer being entered in records still extant. This, the most worthless of English sovereigns, having usurped the throne in derogation of the rights of Arthur, the unfortunate son of Geoffrey his elder brother, was anxious to prop up his defective title by the support of the Church; and, with that view, he appointed as his ChanChancellor. cellor WALTER HUBERT, Archbishop of Canterbury, who Canterbury, had been for a short time Chief Justiciary, during the stormy period of the preceding reign. While he held this office, the monks of Canterbury had complained to the Pope that, contrary to the canons of the church, their archbishop, as Justiciary, was a judge in causes of blood, and that, being involved in secular affairs, he neglected his ecclesiastical duties. The Pope therefore sent a paternal remonstrance to the King, requiring him to remove the Archbishop from all lay employments, and, for the future, not to admit him, or any priest, into any secular office. Hubert, however, without hesitation, accepted the offer of the Chancellorship from John, and was in the habit of boasting of its power and emoluments. It is related that, when he was stating how much this office was to be preferred to any other, he was thus rebuked by Hugh Bardolfe, an unlettered baron" My Lord, with your good leave, if you would well consider the great power and dignity of your spiritual function, you would not undertake the yoke of lay servitude." The office was too lucrative to be abandoned for such a gibe, and the Archbishop, on the contrary, Spel. Gloss. 100. Or. Jur. 5. Hoveden, 451. VI. immediately obtained a charter from the King which, under CHAP. pretence of regulating, increased the fees to be taken by him. and his officers.* * The reader may be amused by a translation of this curious document. "Ordinance of the King concerning the Fees of the Great Seal of England. “Jons, by the grace of God King of England, Lord of Ireland, Duke of Normandy, Aquitain, and Earl of Anjou, to his archbishops, bishops, abbots, earls, barons, justiciaries, sheriffs, provosts, and all bailiffs and faithful people, greeting. Forasmuch as divine mercy has called us to the government of the kingdom of England, which belongs to us of hereditary right, and, under the unanimous assent and favour of the clergy and people, has most mercifully exalted us to be king; we desire with great desire, as indeed we ought, to provide fully for the liberty and freedom of the clergy and people; and for the honour of God and the holy church, and the peace and tranquillity of the clergy and people, to entirely abolish bad and wicked customs which have arisen either from covetousness, bad counsel, or evil disposition of the mind. “And forasmuch as the Seal of Richard, our illustrious brother, formerly King of England, of good memory, in his days had fallen into that state, that for certain acts pertaining to the Seal some things were received out of the usual ancient course, more from inclination than reason, to the prejudice of the regal dignity and the liberty of the kingdom; to wit, for letters patent of protection eighteen shillings and fourpence were given, for which only two shillings ought to have been given, and for simple confirmations in which nothing new is inserted, twelve marks and five shillings were given, for which only eighteen shillings and fourpence ought to have been given; we, for the health of the souls of ourself, of Henry, formerly King of England, our father, of happy memory, and of the said King Richard, our brother, and all our ancestors and successors, will and grant, and at the instance of the venerable father Hubert, Archbishop of Canterbury, our Chancellor, do ordain that in future times nothing shall be received by the Seal of us or our successors, for acts, beyond what was anciently ordained to be received for the Seal of the Kings of England, and which was received for the Seal of Henry, our father, formerly King of England, of good memory, to wit, for a charter of new infeoffment of lands, tenements, or liberties, shall be taken one mark of gold or ten marks of silver for the use of the Chancellor, and one mark of silver for the use of the Vice-chancellor, and one mark of silver for the use of the prothonotary, five shillings for wax. For a simple confirmation, in which nothing new is added, shall be given one mark of silver for the use of the Chancellor, one besant for the use of the Vicechancellor, and one besant for the use of the prothonotary, and twelve pence for wax. For a simple protection two shillings shall be given. "If any one shall presume to act contrary to this our ordinance, he shall incur the anger of Almighty God, and of us, and every curse by which an anointed and consecrated king can curse. Moreover the aforesaid Archbishop of Canterbury, our Chancellor, and all bishops who at our consecration laid hands on us, have with our consent promulgated sentence of general excommunication against all who shall presume to act contrary to this our ordinance. To this our ordinance which we have made concerning our Scal, we have put that Seal in witness and perpetual confirmation. Witness, &c. "Given under the hand of Hubert, Archbishop of Canterbury, our Chancellor, at Northampton, on the 7th day of June, in the first year of our reign." Fad. 75. Beyond these fees, it appears in an ancient memorial concerning the constitution of the king's house, registered in the Red Book of the Exchequer by Alexander de Swereford, that the Chancellor at this time had five shillings a day, besides an allowance of Simnel's bread, salt, wine, candles, &c. Lib. Rab. fol. xxx. col. 2. The Chancellor had also in the next reign "ad sustentationem suam et clericorum Cancellariæ Regis D. marcarum per annum." CHAP. VI. Death of 27th May, 1199. Oct. 3. 1206. Hubert retained the office of Chancellor till his death, in 1205, but does not seem to have attended much to its duties, as he constantly had the assistance of Vice-chancellors; first of Simon Fitz-Robert, Archdeacon of Wells, and John de Gray, Archdeacon of Cleveland, jointly; then of John de Brancestre, Archdeacon of Worcester; next of Hugh Wallys, Bishop of Lincoln; and, lastly, of Josaline de Wells, a layman. This is the most disgraceful period in the annals of England. Arthur, the right heir to the throne, was murdered by the King, and the English were expelled from Normandy, and almost the whole of the possessions in France, which had been united to the Crown since the accession of the house of Anjou. John, upon his return after these disasters, attempted to throw the blame of them upon the Chancellor and his other ministers in England, whom he accused of remissness in not sending him proper supplies; and, under pretence of a new expedition to recover his Continental dominions, he, in the most arbitrary manner, extorted taxes from his subjects, which he wasted in wanton prodigality. On the death of Hubert, the Archbishop, the office of Chancellor came into the King's hands, and then the Great Seal remained some time in the custody of JOHN DE BRANCESTRE, who had before acted as Vice-Chancellor, while the King considered how he should dispose of it. To raise money for his necessities, he at last put it up for sale. Great Seal The purchaser was one WALTER DE GRAY, who paid down 5000 marks (equal to 61,245l. of present money) for it during the term of his natural life, and the grant was made out to him in due form. Under this he actually held the Chancellorship, without interruption or dispute, for six years. He began by doing the duties of the office himself †, but he afterwards had for Keepers of the Scal, or Vice-chancellors. sold to WALTER DE Hic devenit Cancellaria in manum Domini Regis post mortem H. Cantaruensis Archiepiscopi. - Chart. 7 John, m. 8. + Hic recepit Dominus W. de Gray Cancellariam And of the first charter next following it is said, "Data per manum Walteri de Gray, iij die Octobris, anno vii."- Chart. 7 J. n. 51. Hugh Wallys, and Richard de Marisco, Archdeacon of Richmond, who afterwards was himself Chancellor. Walter de Gray, having become, by purchase, "Keeper of the King's Conscience," appears to have been much in his confidence, and to have abetted him in those fatal measures which brought the crown of England under feudal subjection to the see of Rome. But Richard Wallys, the Vice-chancellor, who had expressed great zeal on the King's side, went over to the opposite faction on receiving a favour which was intended as a reward for his fidelity. CHAP. His con duct. cellor Wal. lys. 1200 The grand dispute had arisen respecting the appointment to Vice-chanthe see of Canterbury, the Pope having consecrated Langton archbishop, without the King's authority or privity. Langton was not allowed to take possession of his archiepiscopal throne, and was obliged to reside abroad. In the mean time the see of Lincoln became vacant, and Wallys was elected to it, by the King's recommendation, on the condition that he should not recognise Langton as archbishop. The Bishop elect desired leave to go abroad in order to receive consecration from the Archbishop of Rouen; but he no sooner reached France than he hastened to Pontigny, where Langton then resided, and paid homage to him as his primate.* It has happened in all ages of the church that ecclesiastics, on reaching the dignity of the mitre, have preferred the interest of their order to the ties of gratitude or the reputation of consistency, and have speedily forgotten the express or implied undertaking which was the condition of their elevation. The pliant Archdeacon become Bishop of Lincoln, showed himself a rigid supporter of papal supremacy, and received consecration from Langton, whom John still disowned. By way of punishment for his contumacy, he was for five years deprived of the temporalities of his bishopric. He afterwards took an active part in obtaining Magna Charta, acting, it is to be feared, rather from revenge than from patriotism. Walter de Gray was still Chancellor when the most igno- A.D. 1213. minious charter passed to which the Great Seal of England Hume calls this person "Hugh Wells," and describes him as “Chancellor," but Wallys was his true name, and he never held the Great Seal as Chancellor. Vol. ii. 60. CHAP. of England to the Pope. has ever been appended. Pandulph, the Pope's legate, not being satisfied with John's promise that he would acknowSurrender ledge Langton for primate-that he would restore all the exiled clergy and laity who had been banished on account of the contest, that he would make them full restitution of their goods and compensation for all damages, and that every one outlawed or imprisoned for his adherence to the Pope should immediately be received into favour,-required John to resign his kingdom to the Church,-to put himself under the immediate protection of the Apostolic See, to acknowledge the Pope as his liege lord, and to authenticate the act by an instrument under the Great Seal, which should be confirmed by the national council. Accordingly, with the King's concurrence, a charter was framed in his name, in which he declared that, "not constrained by fear, but of his own free will, and by the common consent and advice of his barons, he had, for the remission of his own sins and those of his family, resigned England and Ireland to God, to St. Peter and St. Paul, and to Pope Innocent and his successors in the apostolic chair; he agreed to hold these states, as feudatory of the church of Rome, by the annual payment of 1000 marks-700 for England, 300 for Ireland; and he stipulated, that if he or his successors should ever presume to revoke or infringe this charter, they should instantly, except upon admonition they repented of their offence, forfeit all right to their dominions." To the honour of the memory of Walter de Gray and his deputies, and to the credit of the nation, there is reason to believe that the King could not find a subject in his dominions sufficiently base to put the Great Seal to this charter, although, owing to the presence of a French army, and the deplorable condition to which public affairs had been reduced, it could not be successfully resisted. From an entry in the Patent Roll it appears that about this time the Great Seal was in the King's own keeping, and we may reasonably suppose that he affixed it to the charter with his own hand.* English historians, when they would infer the feudal dependence of Scot land on England from the homage done by William while a prisoner of war to |