Times of

Tudors and
Stuarts.

Use of Great Seal since the

of 1688.

adding, in his own hand, "My Lord Chanseler, thys most be don."*

Much greater irregularities, in this respect, prevailed under the Tudors and the Stuarts; and the practice became not very uncommon for the Sovereign, where an instrument of doubtful legality was to pass, to affix the Great Seal to it with his own hand.

Since the Revolution of 1688, when the principles of responsible government were fully established, the Great Seal Revolution could only be lawfully used by a Lord Chancellor, Lord Keeper, or Lords' Commissioners; and unless with respect to the sealing of writs and commissions of course, for which the delivery of the Seal to them is sufficient authority, there must be a warrant under the royal sign manual for the preparation of "a bill" or draught of the proposed patent. This, when prepared, is superscribed by the Sovereign, and sealed with the Privy Signet in the custody of a secretary of state; then it sometimes immediately passes under the Great Seal, in which case it is expressed to be "per ipsum regem," "by the king himself;" but in matters of greater moment, the bill, so superscribed and sealed, is carried to the keeper of the Privy Seal, who makes out a writ or warrant thereupon to the Chancery, in which last case the patent is expressed to be "per breve de privato sigillo," "by writ of privy seal." †

Origin of expression of "The seals."

66

In early times, the king used occasionally, to deliver to the Chancellor several seals of different materials, as one of gold and one of silver, but with the same impression, to be used for the same purpose; and hence we still talk of "the seals being in commission," or of a particular individual being a candidate for the seals," meaning the office of Lord Chancellor ;—although, with the exception of the rival great seals used by the king and the parliament during the civil war in the time of Charles I., there has not been for many centuries more than one great seal in existence at the same time. When on a new reign, or on a change of the royal arms or Great Seal. style, an order is made by the sovereign in council for using

Adoption of new

* Ex orig. in Turr. Lond.

† See 2 Inst. 551. 555.; 2 Bl. Com. 347.

a new Great Seal*, the old one is publicly broken, and the fragments become the fee of the Chancellor.†

keeping the

Great Seal.

The close roll abounds with curious details of the careful Care in manner in which this Great Seal was kept in its "white leathern bag and silken purse" under the private seal of the Chancellor. There was a rule that he should not take it out of the realm; and this was observed by all Chancellors except Cardinal Wolsey, who, in 1521, carried it with him into the low countries, and sealed writs with it at Calais, -a supposed violation of duty which formed one of the articles of his impeachment.

ments of

office.

Some readers may feel a curiosity to know whether there Emoluare any emoluments belonging to the office of Chancellor besides the fragments of the old Great Seal when a new one is adopted. I shall hereafter present copies of grants of salary, and tables of fees and allowances, showing the profits of this great officer in different reigns. In the meanwhile it must suffice to say, that, on account of his high rank, his

The French expression of " Garde des Sceaux" arose from the Chancellor in France always having the custody of a variety of different seals applicable to different purposes. In England the same person has had the custody of the Great Seal and the Privy Seal; but this was contrary to law and usage, the one being a check upon the other.

This being the general rule, an amicable contest, honoris causâ, arose upon the subject between two of the most distinguished men who have ever held the office. Lord Lyndhurst was Chancellor on the accession of William IV., when by an order in council a new Great Seal was ordered to be prepared by his Majesty's chief engraver, but when it was finished and an order was made for using it, Lord Brougham was Chancellor. Lord Lyndhurst claimed the old Great Seal on the ground that the transaction must be referred back to the date of the first order, and that the fruit must therefore be considered as having fallen in his time; while Lord Brougham insisted that the point of time to be regarded was the moment when the old Great Seal ceased to be the "clavis regni,” and that there was no exception to the general rule. The matter being submitted to the King as supreme judge in such cases, his Majesty equitably adjudged that the old Great Seal should be divided between the two noble and learned litigants, and as it consisted of two parts for making an impression on both sides of the wax appended to letters patent,-one representing the Sovereign on the throne, and the other on horseback,- the destiny of the two parts respectively should be determined by lot. His Majesty's judgment was much applauded, and he graciously ordered each part to be set in a splendid silver salver with appropriate devices and ornaments, which he presented to the late and present Keeper of his Conscience as a mark of his personal respect for them. The ceremony of breaking or damasking" the old Great Seal consists in the Sovereign giving it a gentle blow with a hammer, after which it is posed to be broken, and has lost all its virtue.

sup

14th August, 1830.

231st August, 1831. Books of Privy Council.

important duties, his great labours, and the precariousness of
his tenure, he has generally received the largest remuneration

of
any servant of the crown. In early times this arose mainly
from presents, and I am afraid from bribes. The deficiency
was afterwards often supplied by grants of land from the
crown, which continued down to the time of Lord Somers.
Then came the system of providing for the Chancellor and
his family by sinecure places in possession and in reversion.
Now all these places are abolished, together with all fees;
and parliament has provided a liberal, but not excessive,
fixed salary for the holder of the Great Seal,—with a retired
allowance when he has resigned it to enable him to maintain
his station, and still to exert himself in the public service as
a judge in the House of Lords and in the Privy Council.*

I shall conclude this preliminary discourse with the notice Etiquette. of certain forms connected with the Great Seal, to which high importance has sometimes been attached, and which have given rise to serious controversies.

By a standing order of the House of Lords, the Lord In parlia Chancellor, when addressing their Lordships, is to be uncovered; but he is covered when he addresses others, including a deputation of the commons.

ment.

When he appears in his official capacity in the presence of the Sovereign, or receives messengers of the House of Commons at the bar of the House of Lords, he bears in his hand the purse containing (or supposed to contain) the Great Seal. On other occasions it is carried by his pursebearer, or lies before him as the emblem of his authority. When he goes before a Committee of the House of Commons he wears his robes, and is attended by his mace-bearer and purse-bearer. Being seated, he puts on his hat to assert the dignity of the upper House; and then, having uncovered, gives his evidence.

Although the Lord Chancellor no longer addresses the two Houses at the opening or close of a session of parlia

* Lord Loughborough was the first Chancellor who had a retired allowance by act of parliament. (Twiss's Life of Lord Eldon.)- The present arrangement was made by Lord Brougham. See 2 & 3 W. 4. c. 122.

ment, he still is the bearer of the royal speech, which, kneeling, he delivers into the hand of the Sovereign.

oaths to

Prince of

Wales.

When the Prince of Wales is to take the oaths for any When adpurpose in the Court of Chancery, the Lord Chancellor ministering meets him as he approaches Westminster Hall, and waits upon him into court. The Prince's Chancellor holds the book, and the oaths are read by the Master of the Rolls. The Lord Chancellor sits covered while the oaths are administered, the bar standing. The Lord Chancellor then waits on the Prince to the end of Westminster Hall.*

son.

When a younger son of the king is to take the oaths, To King's the Lord Chancellor meets him at the steps leading from younger the Hall to the Court, and conducts him into court. The Master of the Rolls reads the oaths, the senior Master in Chancery holding the book. His Lordship sits covered, the bar standing. He then uncovers, takes the purse in his hand, and attends his Royal Highness down the steps into the Hall.†

in Chan

cery.

When peers take the oaths before the Lord Chancellor, To peers the deputy usher holds the book, while a deputy of the clerk of the crown reads the oaths. The Lord Chancellor sits covered during the time the peers are in court, except at their entrance and departure, when he rises and bows to them. ‡

When the Lord Mayor of London comes into the Court Lord of Chancery on Lord Mayor's Day, and by the Recorder Mayor's day. invites the Lord Chancellor to dinner at Guildhall, the Lord Chancellor remains covered, and does not return any answer to the invitation. §

I have only further to state respecting the privileges and Statute disabilities of the office of the Lord Chancellor, that by apparel of respecting stat. 24 Hen. VIII. c. 13., he is entitled "to weare in his Chancellor. apparell velvet satene and other silkes of any colours excepte purpure, and any manner of furres except cloke genettes."

And now let us proceed to the Lives of the distinguished men who have held the office thus imperfectly described.

Case of Prince of Wales, afterwards George II. Dickens, xxix.
Case of Duke of Cumberland, 16th June, 1755.
Dickens, xxxii.

Dickens, xxx.

Ex relatione a Lord Chancellor who never would be wanting in any point

CHAPTER I.

OF THE CHANCELLORS UNDER THE ANGLO-SAXON KINGS.

CHAP.
I.

Merits of

Saxons.

IT has been too much the fashion to neglect our history and antiquities prior to the Norman conquest. But to our Anglo-Saxon ancestors not only are we indebted for our the Anglo- language and for the foundation of almost all the towns and villages in England, but for our political institutions; and to them we may trace the origin of whatever has most benefited and distinguished us as a nation.* It is a point of filial duty incumbent upon us, to commemorate and to honour the individuals among them who in any department attained to great eminence. Of those who filled the office of Chancellor under the Anglo-Saxon kings, little has been handed down to us; but that little ought not to be allowed to fall into oblivion.

A. D. 605.
AUGMEN

cellor to Ethelbert.

According to Selden, Ethelbert, the first Christian king DUS, Chan- among the Saxons, had AUGMENDUS for his "Chancellor or Referendarius, the officer who received petitions and supplications addressed to the Sovereign, and made out writs and mandates as Custos Legis. There is great reason to believe that he was one of the benevolent ecclesiastics who accompanied Augustine from Rome on his holy mission, and that he assisted in drawing up the Code of Laws then published, which materially softened and improved many of the customs which had prevailed while the Scandinavian divinities were still worshipped in England. †

There are three others whose names are transmitted to us as having been Chancellors to Anglo-Saxon kings without any

* The descendants of the Anglo-Saxons seem destined to be by far the most numerous and powerful race of mankind,-occupying not only the British Isles in Europe, but the whole of America from Mexico to the Polar Seas, and the whole of Australia and Polynesia. The English language will soon be spoken by an infinitely greater number of civilised men than ever was the Greek, the Ltin, or the French.

† Selden's Office of Chancellor, 2. Dugd. Or. Jur. 32. Philpot's Catalogue of Chancellors. Spel. Gloss. Cancellarius, p. 109.