of the Great Seale both at one instant to Henry the first Sometime there were two Keepers of the Great Seale and both at once as were Jefferey le Templer and Iohn de Lexinton notwithstanding that Ralph Nevill remained Cancellor of whom infra Sometime the great Seale was delivered unto 3 at once as by Edward the 2d to Will Melton and 2 others joyned with him for a certain time to execute all such things as were to be done therewith during the Kings pleasure The election or creation of Chancellors and Keepers c. was of more than one sort and also of Men of divers degrees and qualities Sometimes and for the most part the Chancellor was elected by the King Durante bene-placito and put in power of his Office by the Delivery of the Seale and sometimes the Chancellor was made by Patent to hold that place or office during his life as Walter Grey Bishop of Chester in the time of King John and others some and the most part were elected by the King onely some had Patents of the King and were confirmed Chancellors by consent of the three Estates as were Ralph Nevill Bishop of Chester in the time of King Henry the third with whom the Prince being offended as reports Mathew Paris and demanding the Seale at his hands he refused to yield the same unto him affirming that as he had received it by the common consent of the Nobility so he would not without like Warran resigne the same And in the dayes of the same King it was told him by all his Lords spiritual and Tempotall that of ancient time the election and dispofition of the chief Justice Chancellor and Treasurer belonged to the Parliament anâ— although the King in displeasure did take the seaâ— from him and delivered the same to the custodâ— of others yet did the aforesaid Nevill remainâ— Chancellor notwithstanding and received the profits thereof to whom the King would havâ— restored the Seale but he refused to receivâ— it And hereupon may be gathered that the Keeper of the Seale is not Vice-chancellor in every respect Anâ—â—et us note by the way three several Parentâ— were granted unto this Ralâ—h Nevill aforesaid wâ— whereby he is ordained to be Chancellor and the third for the custody of the Scale all remaining among the Records in the Tower in haeâ—â—erba Henricus Rex c. Archiepiscopis Episcopis c. Sciatis nos dedisse concessâ—sse â—aâ— charta nostra confirmasse Vene Paâ—â—â— Randolpho Cicestrensi Episcopo Cancelldriaâ— nostram hahend â—â—nend toâ—o â—â—mpore vitae suae cum omnibus pâ—rtinent libertatihus â—â—â—eris consuetudinibus ad praedictam Cancellariam nostram habeat bene in pace libere 〈◊〉 integre honorifice cum â—â—â—â—bus exitus libertatibus omnious allâ—s ad eam perâ—inentibus sicut Cancellar Regn. Angl. praedecessor nostror ea melius quietius liberius integrius habâ—ere hijs Testibus c. datum per manum nostram 12. Fâ—br Anno Regni nostri 11. His second Patent was of this Forme Henricus Dei gratia c. Archiepiscopis Episcopis c. Sciatis nos concessisse et â—ac Charta nostra confirmasse pro nobis et haered nostris venerab. pri. Randolpho Cicistrensi Episcopo Cancellario nostro Cancellariam Angliae toto tompore vitae suae cum omnibus pertin. libertatibus liberis consuetudinibus ad praedict Cancellariam pertinen quare volumus et firmit praecipimus pro nob is et haered nostris quod praedictus Episcopus habeat ipsam Cancellariam toto tempere vitae suae cùm omnibus pertinent libertat et liberis consuetudinibus ad praedictam Cancellariam pertin. sicut praedictum est Testibus c. Datum per manum meum apud Westm. quarto die Maij Anâ—o regni nostri decimo septimo This is the transcript of his third Patent the same day and yeare Henricus Dei gratia c. Archiepiscopis c. Sciatis â—os concessisse et hac charta nostra confirmasse venerab. patri Randolpho Cicestr Episcopo cancellar. nostro custodiam Sigilli nostri toto tempore vitae suae cum omnibus pertin. libertat et consuetudinibus ad praedict. custod pertinent Ita quod sigillum illud Portat et custodiat in propria persona sua quamdiu voluerit vel per aliquem virum discretum sufficientem idoneum assignatsuum qui quidem assignat nob fidelitat faciat de fideli servitio de sigillo nostro loco suo fideliter Custodiendo aut quam custodiam praedicti sigilli recipiat 〈◊〉 si forte idem assignat â—suus discesserit vel vitam suam mutaverit vel ob causam rationalem per nos vel per ipsum Cancellar amotus fuerit vel ipse assignat sigillum illud ulterius portare noluerit idem Cancellarius loco illius assignat substituat alium virum discretum sufficientem idoneum substituat Item quod fidelitatem faciat nobis de fideli servitio suo de praedicto sigillo loco suo fideliter custodiend antiqua Carstiaca sigilli praedicti recipiat sicut praedictum est quare volumus firmiter praecipimus quod praedictus cancellar. habeat custodiam c. hiis Testibus c. Datum per manum nostrum apud Westm. quarto die Maii Anno Regni nostri decimo septimo Sometimes the Chancellors of England were elected by the Nobility as Nicholas of Eli was made Chancellor by the Barons But this seemed a usurpation by them for they were afterwards the most of them most sharply chastised and the said Nicholas deprived by Hen. the 3 d. disdaining to have Officers of that estate appointed him by his Subjects Sometimes the Chancellors were created out of the Nobility as Richard Nevill Earle of Salisbury in the time of Hen. the 6. Henry Bourchier Earle of Essex in the time of Edw. the 4. the Lord Wrotesley the Lord Rich c. Sometimes they were enobled after their advancement to that Office as Richard Scroope Knight created Lord of Boulton and Michael de la Poolâ— created Earle of Suffolk in the time of Rich. the 2. Sometimes they were the Sonnes of Noblemen and Princes children as Henry â—eauford sonne of John of Caunt c. in the time of Hen the 4. Sometimes of base and meane parentage as Wolsey Cardinall c. Sometimes Archbishops and Clerkes were ordained Chancellors whereof the first Archbishop was Walter Hubert Archbishop of Canterbury in the time of King John to whom a Nobleman said in scorâ—e That he had often seen a Chancellor made a Bishop but he never before saw an Archbishop made a Chancellor where of is to be noted that many of the former Chancellors were not Bishops when they were elected to that Office but afterwards promoted to their Bishopricks upon which promotions many of them did yeeld and surrender up their Authority of Chancellors and to this purpose maketh the testimony of Thomas Walsingham who writeth
CERTAINE OBSERVATIONS Concerning the Office of the Lord Chancellor Composed by the Right Honorable and most Learned Thomas Lord Ellesmere late Lord CHANCELLOR of ENGLAND Whereunto is annexed a perfect Table and a Methodicall Analysis of the whole Treatise LONDON Printed for Matthew VValbanck at Grayes-Inne Gate for Henry Twyford in Vine Court Middle Temple and Iohn Place at Furnivalls Inne Gate 1651. TO THE READER Courteous Reader SOme yeares past the Copy of this Treatise was delivered unto me by John Harding late of Grayes Inne Esquire deceased and one of the Readers of that Honourable Society and by him then affirmed to be composed by the Right Honourable and most learned Thomas Lord Ellesmere Lord Chancellor of England of whose great and eminent abilities I dare not presume to speake being so unable and unworthy to be a judge of and the rather I am confident no man will be so hardy as to detract from the memory of so famous a Statesman A Perfect Table of the most notable matters contained in the first Part of this Treatise CHancellor his name in severall Languages Page 1. His Antiquity and Authority here and in other forain Nations 3 4 c. His name and office in France from the time of Charls the Great 8. And in England from the time of Edward the Confessor 12 13 c. Cancillarii Regis and Cancellarii Regâ—i 14. Symon the Norman the first sole Keeper of the Great Seal about 23 H 3. ibid. Sometimes there were two Keepers and sometimes three 15. Chancellor and his Election of divers sorts and of divers degrees ib. 18 19 Chancellor chief Iustice and Treasurer their Election belongeth to the Parliament 16. Patents of the office and their severall formes 16 17. Chancery the nature and orginall thereof 21. Chancellor his ordinary Authority when it began 26 27. Much inlarged by 36 E. 3. 28 His absolute power whereupon it was grounded ibi Error there reversable only in Parl. 30. No prejudice for mis-pleading there or default of form ibid. Processe is a Subpoena and the order of Proceeding in the Court 31 The Iudge of the Court 31. How the Seale is to be ordered 32. The form and fashion thereof 33. The Assistants to the Lord Chancellor 36 Master of the Rols ibid. The Officers of the Court 37 38 c. And their privilege 40. The manner of proceeding and the matter of the subject from 44 to 120. See in the end of this Treatise an exact Summary or Analysis of the whole booke most methodically composed by the Author thereof These bookes following are Printed and to be sold for Mathew Walbanck at Grays Inne Gate for Henry Twyford in Vine Court middle Temple and John Place at Furnivals Inne Gate 1651. PErfect Convveyancer Mirror Iustice Abridgment of Lord Cokes Reports Abridgment of Lord Dyers Reports Abridgment of Plowdens Reports Perkins Law English Actions Slander Marches Reports History of Normans both parts Parsons Law Privilege of Parliaments Young Clerkes Guide Collins Iustice of Peace Pauls Progresse Attorney Common-pleas Attorneys Accademy Tearms of the Law Fathers Legacy Compleat Parson Book of Oathes Habeas Corpus Womans Lawyer Liberty Subject Wards and Liveries Wilkinsons Sheriff Derhams Manuel Letter Writer Amends for Ladies Bancrofts Epigrams English Grammer Lee Caesar Mr. Williams in Pauls Church yard sells them Thorps charge Edgars charge Books sold by W. Lee M. Walbanck D. Pakeman G. Bedell Touchstone of common assurances by William Shepheard Esquire Fleta corrected and enlarged by Io Selden Esquire Three Readings One by Sir Iames Dyer one by Sir Iohn Bregrave one by Thomas Risden Esquire Books sold by Iohn Place Transactions of the high Court of Chancery ' both by practice and president with fees and speciall orders in extraordinary cases by Wil. Tothill Esq and revived by Sir Robert Holborn late Bencher of Lincolns Inne Clarastella with pious occasional Elegies Epigrams and Satyres by Robert Heath Esq Vade mecum being the substance of all Statutes usefull for a Justice of Peace by Val. Young Esquire Certaine OBSERVATIONS concerning the Office of the Lord CHANCELLOR HAVING ENDEAVOVRED for duties sake some what to consider the nature of this high Place Dignity for two causes chiefly I was much discouraged For neither could I remember any man in this kinde of discourse to have bin imployed Neither any Iudge or Potentate with whom this Magistrate may be compared and herein the more I searched the more I found my selfe confounded IN THE Eighth Chapter of the Second of Samuel Jehosaphat the Sonne of Ahâ—lud the Chancellor among the Hebrewes as the second of David his chiefe Officers is termed Mazur in he Greeke Ananinnescoon by Tremelius and Jâ—aius translated a Memoria or Monitor by the Spaniard Chanciller which is all one with Cancellarius or a Comentarijs by the Italian Seritor de le Cose Fatte in the Duch Cantzfeâ— in the French Chroniqueur and in our English Translation a Recorder In the fift place is called Serayah and he is called Sopher which in all the aforesaid Translations is tearmed Scriba or Secâ—etarius saving that the Italian doth name him Cancellario Sebastian Munster conceiveth Mazur to be a Comentarius and he was ordeined saith he to be the principall Master to note such things as were worthy of remembrance or as Solomon saith his Office consisted in this point to report the actions of old time unto the King and Sopher was appointed to Record them Herewith agreeth for the signification of the words the twentieth of the same Booke of Samuel and the fourth Chapter of the first of the Kings But whether the Lord Chancellor of England as now he is may be properly termed Sopher or Mazur it may receive some needlesse question howbeit it cannot be doubted but his Office doth participate of both their Functions being by William the Conquer our appointed Magister Collegij Scribabarum by the same King instituted in the third yeare of his Raigne as writeth Polydore and likewise having had the keeping of the Rolls of Records as Bracton witnesseth either at the same time that the Common place was erected which was about the ninth yeare of Henry the third or not long after But something more neer to our name of Chancellor I finde the Hebrew word Kinkall in Greek Knilizo and in Latine Cancello whereof cometh Kankill in Greek Knilis and in Latine Cancellus and thereof not unproperly Cancellarius as he sâ—teth intra Cancellos legis viz. Conscientiae or otherwise a Cancellando as shall be afterwards touched Notwithstanding for that I finde the word Mazur better avowed than this latter and I do not remember much mention to be made of any great Officer among the Grecians neere sounding to Kniklum I will content my selfe with the former name only of the Hâ—bricians without further consideration of his Authority in Jury notwithstanding with this observation that long time before this Monarchy of the Hebrewes a speciall privilege of Jurisdiction in
that in the 3 year of Rich. the 2. in a Parliament holden at London Dominus Richardus Scroope cessit officio Cancellariae c. Archiep. Cantuar. Magister Simon Sudbury contra gradum suae dignitat ut plurimi conclamabant illi Officio militaturus accessit sed si ipse illum procuraverit aut sponte susceperit novit Deus Sometimes were chosen to that place Archbishops and Cardinalls as John Thoresby Archbishop of York and Cardinall c. in the time of Edw. the 3. c. Sometimes Threasaurers of England were advanced to the honour of Chancellors as Henry de Burgh in the time of Edw. the 3. Sometimes to the Office of the Keeper of the Great Seale as John de Cheshall in the time of Henry the 3. and many other to either of the places Sometimes common Lawyers were called to be Chancellors as Robert â—erning Justice and Robert Thorpe Justice in the time of Edward the 3. Sir Thomas Moore in the time of Hen. the 8. and others Sometimes were trusted with the Keeping and exercise of the Seale as John Maunsell L. Chiefe Justice in the time of Edw. the 3. c. Sometimes the Lord Keeper of the Privie Seal was made Lord Chancellor as Edmund Stafford in the time of Henry the 4. and others Sometimes were made Keepers of the Seale men cunning in the Custome of the Chancery as was Sylvester de Eversden in the time of Hen. 3. Sometime men learned in the Civill and Common Lawes as William of Kilkenny in the time of the said King Sometimes the Master of the R oâ—â—s as Henry Cliffe in the time of Edw. 3. who was his Chancellor also and others Sometimes a Keeper of the Wardrobe hath been appointed to keep the Seale as John Drakensord to Edw. 1. Some have been twice Lo. Chancellors as John Hotham in the time of Rich. 2. Some thrice as John Stratford in the time of Edward 3. And sometimes there have been three Chancellors in one year as Rotheram Alcoch and Moreton in the 1. yeare of Htn. 7. and he that hath been the longest in office either of Chancellor or Keeper of the Seale is not remembred to have continued above 18. years Some with their Office of Chancellor have retained other places as William Velson after Bishop of Telâ—ard was at one time Chaplaine and Chancellour to William the Conquerour Rannlph Brittaine at one time Cancellarius Regis specialis as saith Matthew Paris and Treasurer of the Chamber But the mightiest of living by multiplicity of Offices that I may readily finde were John Maunsell in the time of Henry the 3. Simon Langham in the time of Edw. 3. John Stafford in the time of Hen. 6. Woolsey Cardinall in the time of Hen. the 8. And in honour and temporall Dignities the Lord Marquesse of Winchester who was Keeper of the Seal in the time of Edw. the 6. And thus much may suffice for the Originall Office Dignity and Election of the Lord Chancellor Now may something bee added of the Conrt of Chancery and Authority absolute of the Chancellor As the Chancellor is at this day Norma omnium jura Reddentium câ—â—â—mnes Magistrat honorun suorum fasces submittere not â—ndignentur And withall as Budeus calleth them Promus Condus clementiae benigniâ—atisque principalis and generally the mouth the eare the eye and the very heart of the Prince so is the Court whereof he hath the most particular administration the Oracle of equity the Store-house of the favor of Justice of the liberality Royall and of the right pretoriall which openeth the way to right giveth power and Commission to the Judges hath jurisdiction to correct the rigour of Law by the judgement and discretion of equity and grace It is the refuge of the poore and afflicted It is the Altar and sanctuary for such as against the might of rich men and the countenance of great men cannot maintaine the goodnesse of their cause and truth of their Title the entry and doore whereof ought Patere omni postulanti omnibus â—oris nulli tamen â—â—are which is meant not to gape after such men as bring rewards oâ— seek accesse to the help thereof by corruption and it is called Caria saith Valla a Cura for that care and heed is to be taken therein for the deciding of controversies but it seemeth rather to be called Curia an Assembly or the place of assembly c. like as the Kings Court was first called Curia for that the Court of Justice was there first holden For the originall of this speciall Court is to be considered that in the time of the Saxons and of the Danes the King by himselfe did hold a high Court of Justice wherein he sate in person and did judge not onely according to meer right and Law but also after equity and good conscience and this is confirmed by the Law of the Saxon King Edgar viz. Let no man seek to the King in matter of variance unlesse he cannot finde right at home but if the right be too heavy for him then let him seek to the King to have it lightned The like to this Law is also among the Lawes of Canutus the Dane and for the understanding of this right at home we may remember that in those days were certaine Jurisdictions over Leets Boroughs and Tythings c. and there by authority permitted to the Reeves or Judges of the lower roomes for the hearing of sutes of small importance and grant of greater power to the Sheriffes and Aldermen which had the charge of greater Assemblies all was retained and reserved to the King himselfe the decision of such matters as by just cause of appellation either for law or equity should be brought before him to be considered and resolved in the aforesaid high Court of the King out of which as were the former so were all the high Courts of Justice or Conscience at this day derived by the Ecclesiasticall Courts or Temporall And here I might take some fit occasion to touch by the way how in the Parliament Lawes not onely for civill and criminall causes but also for the matters of the Church are made abrogated or mitigated common wrongs not holden in other Courts are there amended and heard and difficult causes are there ended Attainders confirmed and annulled corruption of blood there restored errors committed in other Courts there corrected and all constitutions for the State are there confirmed c. How in the Kings Bench are properly all such causes onely to be handled which appertaine to the Crowne or wherein the King is a partie if they be not by Commission particularly assigned to some other Court How in the Court of Common Pleas are holden all Common Pleas between subject and subject of all matters of Common Law How in the Exchequer are the Queenes receipts and her yearly revenues recorded and kept how it is her common Treasury and a Court for Justice betweene