CHAPTER XXI. CHANCELLORS DURING THE REIGN OF HENRY VI. FROM THE CHAP. XXI. March 16. 1426. Obscure origin of Lord Chancellor KEMPE. His rise. His conduct as We have had a succession of Chancellors of high birth, some of them nearly allied to the Crown. Cardinal Beaufort's successor was one of that other class who have won their way in this country to high distinction from an obscure origin. He was born in Kent, of parents in a very low condition of life, and educated as a poor scholar at Merton College, in Oxford. Here, amidst all the evils of penury, he applied himself with ardour to study, and made particular proficiency in the civil and canon law. In due time he took the degree of Doctor in both faculties, after disputations which attracted the notice of the whole university, and were talked of all over England. After practising for some time as an advocate in the ecclesiastical courts, on account of his high reputation as a jurist he was made Dean of the Arches and vicar-general to the Archbishop of Canterbury. Rising rapidly in the church, he was consecrated Bishop of Rochester; from whence he was translated to Chichester, and thence to London, the see he filled when he was appointed Lord Chancellor ; finally, he was promoted to the Archbishopric of York, and a cardinal's hat was bestowed upon him. Soon after his high civil appointment, he was called upon to Chancellor. take a decisive part in checking the arrogance of the Duke of Gloucester, who having for a time got rid of Cardinal Beaufort, avowed his purpose to rule in an arbitrary manner, although the Duke of Bedford had not yet returned to France, exclaiming, "Let my brother govern as him lusteth, I have since ascertained that at the time of his birth his father and mother were living in the parish of St. Gregory, in Wye, where he founded a college of secular priests, to attend divine service and instruct youth in grammar and other learning. Note to 3d Edition. whiles he is in this land; after his going over into France, I woll govern as me seemeth good." The Chancellor and the other members of the Council made a representation on the subject to the Duke of Bedford, and both brothers being present, the Chancellor delivered an address, stating "that the young Prince was the rightful King of England, and entitled to the obedience of all his subjects, of whatever rank they might be; that, young as he was, he yet possessed by law all the authority which would belong to him at a more mature age; that as, during his infancy, he could not exercise such authority, it was vested in the Lords spiritual and temporal assembled in parliament, or in the great council, and at other times in the Lords appointed to form "the continual council," and that this Council, representing the King's person, had a right to exercise the powers of government, "withouten that any one person may or ought to ascribe to himself the said rule and government." ""* KEMPE's first chancellorship lasted six years. During this time several parliaments were held, which he opened with suitable speeches, except that held in January, 1431, when, on account of his sickness, the Duke of Gloucester sitting in the chair of state in the Painted Chamber, commanded William Linewood, Doctor of Laws, to explain the cause of the summons †, which was done with infinite divisions and subdivisions; but the only important business transacted at these parliaments, was passing the famous statute which regulates county elections, and enacts that no freeholder shall vote who cannot spend from his freehold at least 40s. a year ‡, — all Acts of Coun. iii. 231. 242. -- Rot. Par. v. 409. 411. There is a curious entry of this in the Parliament Roll, showing a great anxiety to preserve the Chancellor's right to address the two Houses on the opening of parliament. After stating the meeting of Lords and Commons under the Duke of Gloucester, Custos Angliæ, it proceeds," Pro eo quod Venerabilis Pater Johannes Archiepiscopus Ebor. Cancellarius Anglie, cui ratione officii sui secundum consuetudinem laudabilem in Regno Anglie antiquitus usitatam pertinuit causam summonitionis parliamenti predicti pronunciare et declarare, tali et tanta detenebatur infirmitate quod circa declarationem et pronunciationem predictas adtune intendere non valebat, Reverendus vir Magister Willielmus Lynwoode, Legum Doctor, causam summonitionis ejusdem parliamenti de mandato prefati custodis egregie declaravit."—Vol. iv. 367. So in 31 & 32 Hen, 6., Bishop of Lincoln stated causes of summons. "Johanne Arch. Cant. Cancellario Angliæ tunc absente."- Roll. v. 227. 10 Hen. 6. CHAP. XXI. CHAP. Resigna tion of Cardinal Kempe. March 4. JOHN STAF- freeholders having before voted for knights of the shire, as they still may for coroners. A change in the office of Chancellor now took place, the reasons for which have not been explained to us, and all we know of it we learn from the Close Roll, which records "That the Lord Cardinal, Archbishop Kempe, on the 25th of February, 1432, delivered up to the King the gold and silver Seals, and the Duke of Gloucester immediately took them and Chancellor. kept them till the 4th of March, on which day he gave them back to the King, and they were delivered by his Majesty to JOHN STAFFORD, Bishop of Bath and Wells, who took the oath of office, and used the silver seal for the despatch of business."* His birth and educa tion. His long continuance in office. The new Chancellor was of illustrious descent, being the son of the Earl of Stafford by the Lady Anne Plantagenet, daughter and heir of Thomas of Woodstock, sixth son of Edward III., and he was equally distinguished for his learning and industry. Having with great reputation taken the degree of Doctor of Civil Law at Oxford, he practised for some time as an advocate in Doctors Commons, and rose into considerable business, when Chicheley, Archbishop of Canterbury, elevated him to be Dean of the Arches, and obtained for him the deanery of St. Martin, and a prebend in Lincoln Cathedral. He then became a favourite of Henry V., who made him successively Dean of Wells, Prebendary of Sarum, Keeper of the Privy Seal, and Treasurer of England. He attached himself to the party of Cardinal Beaufort, by whose interest, in 1425, he was appointed Bishop of Bath and Wells. He filled the office of Chancellor till 1450, a longer period than any one since the Conquest had continuously held the Great Seal. From the 22d of April to the 23d of May, 1433, he was absent on an embassy to Calais, and the silver Seal was in the custody of John French, Master of the Rolls, for the sealing of writs and the despatch of necessary business, but it was restored to the Chancellor on his return without any re-appointment, or new oath of office, the Master of the Rolls, Rot. Cl. 10 Hen, 6. m. 8. as upon similar occasions, being merely considered as his deputy. In 1436, an act was passed with the concurrence of the Chancellor, to check the wanton filing of bills in Chancery in disturbance of common law process. The Commons, after reciting the prevailing grievance, prayed "that every person from this time forward vexed in Chancery for matter determinable by the common law, have action against him that so vexed him, and recover his damages." The King answered, "that no writ of subpoena be granted hereafter till security be found to satisfy the party so vexed and grieved for his damages and expenses, if it so be that the matter may not be made good which is contained in the bill." * CHAP. Act to re strain exrisdiction assumed by Court of cessive ju Chancery. We find few subsequent complaints against Lord Chancellor Stafford, and he seems to have diligently and quietly applied himself to the duties of office, not aiming at political ascendancy himself, and bending submissively to the varying pressure of the times. In opening parliaments, and urging supplies, he had no victories to announce; but he had to tell of the raising of the siege of Orleans by the sorceress Joan of Arc, and of successive disasters rapidly succeeding each other, till after the defection of the Duke of Burgundy, and the death of the Duke of Bedford, the English were driven from Paris; Guienne and Normandy were lost, and there A.D. 1449. was not left to the English a remnant of the conquests of Henry V. in France. Chancellor The Parliament Roll and the contemporary chroniclers Lord give us a very slender account of this Chancellor's harangues Stafford's in parliament: but from the specimen we have of them, they style of seem to have been very dull and quaint. His maiden ex- eloquence. hibition was on the 12th of March, 1432, when the infant King being on the throne, he took for his text," Deum timete, Regem honorificate:" on which words he remarked two points: 1. A general Counsel to Princes, that they might learn knowledge: -2. A Commandment to subjects to learn to obey and honour the Prince. Which points he learnedly enlarged upon, and endeavoured to prove by many quotations, * From the petition and answer was framed stat. 15 Hen. 6. c. 4. CHAP. XXI. A.D. 1432. May, 1433. examples, and similitudes, that the King and realm of England might easily attain to the height of peace and prosperity, if true fear of God and honour to the Prince were in the hearts of the subjects.* He had a more delicate task to perform the following day. The Duke of Gloucester rose in his place and declared, for the contentment of the Commons, who, he was informed, had expressed some uneasiness on the subject, that although he was Chief President of the Council, yet he would act nothing without the consent of the majority of them. This declaration was communicated to the Commons by the Chancellor when they produced John Russell as their Speaker for the King's approbation; and it so much pleased them, that they immediately granted tonnage and poundage, with a new subsidy on wools.† The Chancellor's text the following year was Suscipiant montes pacem populo et colles justiciam. "This subject he divided," we are told, " into three parts, according to the three estates of the realm; by mountains, he understood bishops, lords, and magistrates; by the lesser hills, he meant knights, esquires, and merchants; by the people, he meant husbandmen, artificers, and labourers. To which three estates, he endeavoured to prove, by many examples and authorities, that a triple political virtue ought to belong; to the first — unity peace, and concord, without dissimulations; to the secondequity, consideration, and upright justice, without partiality; to the third a due obedience to the King, his laws and magistrates, without grudging."‡ During the same session, he seems gracefully to have expressed to the Duke of Bedford the confidence which all felt in his gallantry and honour, notwithstanding the reverses of the English arms in France. The Duke having said "that he had come over to clear himself from some slanders which were cast upon him, as that he had been the occasion of the late great losses by his default and negligence, and offered to take his trial for the same," — the Chancellor, by the King's command, declared, "That his 1 Parl. Hist. 365. + Ibid. 366. + Ibid. 368. |