forthwith restored to him, still with the rank of Lord Keeper. But, on the 19th of July, at Hampton Court, the old Great Seal being broken, a new one, with the King's name and style engraved upon it, was delivered to him as Lord Chancellor of England*; and, at the same time, the King put into his hand a warrant for creating him a Peer, by the title of Baron Ellesmere, with many compliments to his merits and his services. In a few days after he was duly installed in his new dignities; and he officiated at the coronation of the King and Queen in Westminster Abbey. He now gave up the office of Master of the Rolls, which he had held nine years since his appointment to it, and seven years while Keeper of the Great Seal. Having, during this period, done nearly all the judicial business of the Court of Chancery, it was thought that the office of Master of the Rolls might be treated as a sinecure; and, to the great scandal of Westminster Hall, it was conferred on an alien, who must have been utterly unacquainted with its duties, and incapable of learning them,-Edward Bruce, Lord Kinlosse, one of James's needy Scotch favourites, who had accompanied him to England, and most unconstituThis and tionally had been sworn of the English Privy Council. similar acts much checked the popularity of the new Sovereign, and naturally excited great jealousy of his countrymen ;-whereby all his attempts to bring about an incorporating union between the two countries were defeated.‡ The new Master of the Rolls had the merit of not interfering farther than taking an account of the fees and emoluments of his office; and the Lord Chancellor was still the sole Judge of the Court, continuing to give the highest satisfaction to the profession and to the public.§ * Cl. R. 1 James 1. Two years after, this Great Seal was altered under a war"Forasmuch as in our Great Seal rant to the Lord Chancellor, beginning thus : lately made for our realme of England, the canape over the picture of our face is so low imbossed, that thereby the same Seal in that place thereof doth easily bruise and take disgrace," &c.-Eg. Pap. 402. where † Under the power given to the Masters of the Rolls by the grant of the office to appoint a deputy, he did in 1597 appoint Mr. Lambard, but the deputation is expressly confined to the custody of the Rolls House, and the safe keeping and ordering of the records. See Discourse on Judicial Authority of M. R., p. 34., the author in combating the arguments against the ancient judicial authority of this officer arising from his power to make a deputy, shows that this applies only to his administrative duties. The Lord Chancellor, in his judgment in Calvin's case, tried, though very lamely, to apologise for such appointments. In answer to the argument that if the Scottish Postnati were acknowledged for natural born subjects, they would overrun England, he says, "Nay, if you look upon the Antenati, you shall find no such confluence hither, but some few (and very few in respect of that great and populous kingdome) that have done longe and worthie service to his Majestie, have and still doe attend him, which 1 trust no man mislikes; for there can be none so simple or childish (if they have but common sense) as to thinke that his Majestie should have come hither alone amongst us, and have left behind him in Scotland, and as it were caste off, all his ould and worthie servants."-2 St. Tr. 694. § In the Egerton MSS. there is a curious account, in the handwriting of the Lord Chancellor, of the presentation of the Lord Mayor of London in the first 18 VOL. II. In the end of this year, before any parliament had met, he acted as a Peer, being appointed Lord High Steward, to preside at the trial of Lord Cobham and Lord Grey de Wilton, implicated in the conspiracy along with Sir Walter Raleigh, to place upon the throne the Lady Arabella Stuart, or the Infanta of Spain. He had the rare felicity of escaping any reproach in obtaining the conviction of state criminals, as there was ample legitimate evidence against both the prisoners, in their voluntary confession, of plotting with the Flemish ambassador for an invasion to change the order of succession to the Crown, although the ultimate objects of the plot have ever remained a mystery. James boasted, as a year of King James, for the royal approbation. First come the heads of the Recorder's address, which he seems to have sent beforehand to the Chancellor : Reception of Lord Mayor." After the humbling of our selves unto the King is noted "The Person. What glory we take in yt: to count the now Lord Maior the King's owne Maior, because he was the first his Maty made, and therefor wee present him tanquam simbolum of like succeedinge happiness to who shall follow him in London, government under his Maty. "The Place. And as an augur of more than ordinary felicyty to follow, though the present dayes were heavy, it is noted, where others were wont in foro he in Capitolio: at the Tower of London tooke his othe of office. "The Tyme. When affliction had taken hold of us: at this tyme it was his lott to take the sword, yet within a few weeks after it pleased God we were recovered : after a few moneths wee had the honor of his Matys triumphall entry, and ever sence have enjoyed happiness and helth. The tearmes and parliament kept with and contrary to what was feared. Theyre resydinge hath made us freer than at their comynge. Concluded that A domino fuctum est istud. us, "Of London, this on thinge observed, that amyd the variable fortune of all places in all tymes, even from the cominge of the Romans untyll now, still London hath florished, emynent amongst all cittyes, Quantum inter viburna cupressus. The reason [not legible] her fydelity and that she alwayes went with right. For, witness, instanced that ladyes ere our Lord King James his day, when in company of so many councelors and nobles, auspitiosly before all other cyttyes wee did him right. Concluded with this, "We sayde it then, we vow it still, to his Maty and his posteryty, to be the truest, surest, and loyalest that ever cytty or was or shalbe to a kinge.” [At the back Lord Ellesmere has made the following memoranda of topics he should advert to in his reply]: "Jesuites and Seminayres. "Conventicles and Sectaryes. "New Donatistes, "Factions, Seditions. "Machiavellian Atheistes, not secrett but publike. "Delite and desire of alteration and ruyne of all states. "Discourses and Censurers of Princes. *Chief Justice Popham and the other Judges who tried and convicted Raleigh, proof of his kengcraft, that he contrived that they should lay their heads on the block before he pardoned them;-but that their lives were spared we may fairly ascribe to the mild counsels of the Chancellor. The parliament, which had been long deferred on account of the plague, was at last summoned. In the writs, which were very carefully prepared by the [MARCH 19, 1604.] Lord Chancellor, the Sheriffs were charged not to direct any precept for electing any burgesses to any ancient borough-town within their counties "beyng soe utterly ruyned and decayed that there are not sufficient resyantes to make such choice, and of whom lawful election may be made." Nevertheless, representatives were returned for Old Sarum, Gatton, and all the villages to which, for the sake of Court influence in the House of Commons, the elective franchise had been granted by the Tudors, and there was no real intention of bringing about a parliamentary reform by the prerogative of the Crownt. On the first day of the session, the King going to Westminster in a chariot of state, the Lord Chancellor followed, on horseback, in his robes, being placed on the left hand of Prince Henry, who had the Archbishop of Canterbury on his right, the other Lords, spiritual and temporal, following in due order. The King, on this occasion, introduced the present fashion of the Sovereign personally declaring the causes of the summoning of parliament, but he still adhered to the ancient custom of doing so before the choice of a Speaker. James's speech was exceedingly long and learned, and he would have been highly incensed if any one had treated it as the speech of the minister. When he had concluded, the Lord Chancellor desired the Commons to withdraw and choose a speaker; and on a subsequent day, the King being present, he announced the royal assent to the choice they had made.‡ The first measure of the session was a bill brought in by the Lord Chancellor, entitled "A most joyful and just Recognition of the immediate, lawful, and undoubted Succession, Descent, and Right of the Crown," which was forthwith unanimously passed by both Houses. But he was soon involved in a very unpleasant dispute with the House of Commons, in which he was happily defeated. Sir were by no means so fortunate; for there was not a particle of evidence against him, except a written declaration of Lord Cobham, which he afterwards retracted; but the answer they gave to the request that he should be called as a witness and examined in open court, was that this was by no means to be permitted in the case of an accomplice.-2 St. Tr. 1. * Eg. Pap, 384. 387. † Although the scandal of small constituencies had begun thus early, it is a wellascertained fact that the abuse was in first giving the power of sending representatives to what were called the "rotteu boroughs.". -as almost all of them were more populous in 1832 than they had been at any former era. 1 Parl. 967. Francis Goodwin had been chosen member for the county of Bucks, and his return, as usual, had been made into Chancery. Before parliament met, the Chancellor assuming jurisdiction over the return, pronounced him ineligible, there being a judgment of outlawry against him, vacated his seat, and issued a writ for a new election. Sir John Fortescue was elected in his place, and claimed the seat; but the House reversed the sentence of the Chancellor, and declared Sir Francis entitled to sit. The King took part with the Chancellor, saying, that all the privileges of the Commons were derived from his royal grant, and the Judges, being consulted, gave the same opinion. The Commons remained firm, and would not even agree to a conference on the subject with the Lords. A Chancellor," exclaimed a popular orator, "may by this course call a parliament of what persons he pleases. Any suggestion, by any person, may be the cause of sending a new writ. It is come to this plain question-Whether the Chancery or parliament ought to have authority ?"* A compromise was at last agreed to, whereby Goodwin and Fortescue were both set aside, and a new writ issued, under the Speaker's warrant, and the House has ever since enjoyed the right to judge of the elections and qualifications of its members. The Lord Chancellor next brought forward the important measure of the union with Scotland, which the King had strongly recommended in his speech from the throne. It was very coldly received, from the apprehension that if carried, England would be overrun with Scotsmen. A bill was however passed for the appointment of English commissioners, to meet commissioners appointed by the parliament of Scotland to treat upon the subject. The Lord Chancellor was the first commissioner; and conducting the negotiation on the part of England, earnestly endeavoured to comply with the wishes of his master, but he soon found the project impracticable; "for," says an English writer, "the Scotch, though we had taken their King, absolutely refused to be governed by any of our laws." However, not only were the arms of both kingdoms quartered on all standards, military and civil, but, contrary to the opinion of the Judges, who thought that the name of England could not be sunk or altered in the royal style without the authority of parliament, James, by the advice of the Chancellor and his Council, was now proclaimed afresh as King of Great Britain, France, and Ireland, "that the names of England and Scotland might from henceforth be extinct."‡ On the 5th November, 1605, was discovered the [A. D. 1605.] famous Gunpowder Plot. famous Gunpowder Plot. A few days after, the King and the Chancellor gave a full narration to the two Houses of all the particulars respecting it; and there was ordered the form of * Journ. March 30, 1604. 1 Parl Hist. 1014. † 1 Parl. Hist. 1023. 1 Parl Hist. 1052. to thanksgiving "for our deliverance from the great and apparent danger which threatened us in this place," still repeated in the daily prayers of the House of Lords. The Chancellor, assuming a power not conceded to his successors, who are not allowed to have more authority than any other Peer, gave direction to the clerk of parliament to take special notice of the names of such Lords as should fail in their appearance next session, having no licence from his Majesty for their absence; and some of the absentees were imprisoned on suspicion that they were implicated in the plot. No other subject could command attention for the rest of the session. The following year, the Chancellor had again upon his hands the difficult measure of the union with Scotland. He zealously supported it in the Lords; and that [A. D. 1606.] House was inclined to yield to the King's wishes, but the Commons were refractory, several members throwing out the most biting sarcasms against his countrymen and himself.* They agreed that all hostile laws between the two kingdoms should be repealed, and that the Border courts and customs should be abolished; but they would not even go so far as that the subjects of each kingdom should be naturalised in the other. To carry this point, the Chancellor called in the Judges, and obtained an opinion from eleven out of twelve of them, "that such of the Scotch as have been, or shall be born in Scotland since his Majesty's coming to the Crown, are not aliens, but are inheritable by the law, as it now stands, as native English." But the Commons denied this opinion to be law, and refused to abide by it. Thereupon, to have a regular judicial decision, the Chancellor directed a friendly suit to be instituted in his own Court; and hence arose CALVIN'S CASE, or the famous "Case of the Postnati." A piece of land, in the county of Middlesex, was purchased in the name of Robert Calvin, a minor, born in Scotland since the accession of James to the Crown of England, and a bill in Chancery was filed by his guardian, complaining that the deeds were im * Mr. Fuller: “Suppose one man is owner of two pastures with one hedge to divide them, the one pasture bare, the other fertile and good. A wise owner will not quite pull down the hedge, but make gates to let the cattle in and out at pleasure; otherwise they will rush in in multitudes, and much against their will return. "There are tenants of two manors whereof the one hath woods, fisheries, liberties the other, a bare common without profit, only a little turf or the like. The owner maketh a grant that the tenants of this shall be participants of the profits of the former. This beareth some show of equity, but is plain wrong, and the grant void." Parl. Hist. 1082. -1 Sir Christopher Pigott: "I will speak my conscience without flattery of any creature whatever. The Scots have not suffered above two Kings to die in their beds these 200 years. His Majesty hath said that through affection for the English he dwells in England; but I wish he would show his affection for the Scots by going to reside among them, for procul a numine procul a fulmine."-1 Parl. Hist. 1097. Boderia, vol. ii. 223. But for this speech he was afterwards, on the King's complaint, sent to the Tower, the Commons excusing themselves for not sooner noticing it upon the maxim, "Leves curæ loquuntur, ingentes stupent." † 1 Parl. Hist. 1078. |