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When administering oaths to Prince of Wales.

To King's younger son.

To peers in Chancery.

Lord Mayor's day.

Statute

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

When the Prince of Wales is to take the oaths for any purpose in the Court of Chancery, the Lord Chancellor 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.*

When a younger son of the king is to take the oaths, the Lord Chancellor meets him at the steps leading from 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.t

When peers take the oaths before the Lord Chancellor, 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 of Chancery on Lord Mayor's Day, and by the Recorder 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 respecting disabilities of the office of the Lord Chancellor, that by apparel of Chancellor. stat. 24 Hen. VIII. c. 13., he is entitled "to weare in his 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.
+ Case of Duke of Cumberland, 16th June, 1755.
Dickens, xxxii.

Dickens, xxix.

Dickens, xxx.

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

of due courtesy to high or low.

CHAPTER I.

OF THE CHANCELLORS UNDER THE ANGLO-SAXON KINGS.

*

CHAP.

I.

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 Merits of language and for the foundation of almost all the towns and the Anglovillages 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. According to Selden, Ethelbert, the first Christian king A. D. 605. among the Saxons, had AUGMENDUS for his "Chancellor" or Referendarius, the officer who received petitions and sup- cellor to plications 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 Latin, or the French.

+ Selden's Office of Chancellor, 2. Dugd. Or. Jur. 32. Philpot's Catalogue of Chancellors. Shol. Gloss. Cancellaries, p. 109.

AUGMEN

DUS, Chan.

Ethelbert.

I.

CHAP. history attached to them, legendary or authentic,-CENWONA, under Offa King of the Mercians, Bosa, under Withlofe, and SWITHULPHUS, under Berthulph.*

A. D. 758.
A. D. 825,

A. D. 827.

St. SWITH

IN, Chan

Next comes the Chancellor so celebrated for his pluvian propensity, St. SWITHIN, who held the office under two Sovereigns, and of whom much that is true, as well as much cellor to that is fabulous, has been transmitted to us. We can trace Egbert and Ethelwulf. his history as certainly as that of Bede or Alcuin, and he left, like them, among his countrymen, a bright reputation for learning and ability, which was rationally cherished till obscured by the miracles afterwards imputed to him.

A.D. 836.

Swithin was a native of Wessex, and was born at the very commencement of the ninth century. He was educated in a monastery at Winchester, then the capital of the kingdom. He prosecuted his studies with such ardour that he made wonderful proficiency in all the knowledge of the age, and having been ordained presbyter in 830 by the Bishop of Helmaston, was selected by King Egbert for his chaplain, and tutor to his son Ethelwulf. He soon showed a capacity for state affairs, and was placed in the office of Chancellor, continuing, like his successor, à-Becket, while intrusted with the administration of justice, to superintend the education of the heir-apparent. He is said to have enjoyed the confidence of the King without interruption, and by his counsels to have contributed to the consolidation of the states of the Heptarchy into one great kingdom.

On the accession of his royal pupil to the throne, he retained his office of Chancellor, and was in still higher favour. So wise a minister was he esteemed, that William of Malmesbury, referring to his sway, says the ancient opinion of Plato was verified in this reign, that "a state would be happy when philosophers were kings, or kings were philosophers." Alstan, Bishop of Sherborne, took a more conspicuous lead, and

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

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William of Malmesbury represents that he was employed in affairs of state before he had the care of the king's son. Naturâ, industriâque laudabilis auditum Regis non effugit. Quocirca illum hactenus excoluit, ut et multa negotiorum ejus consilio transigeret, et filium Adulfum ejus magisterio locaret." W. Malm. 242.

I.

several times in person conducted the army to battle against CHAP. the Danes; but Swithin guided the counsels of the sovereign as well as being personally beloved by him. He was now made Bishop of Winchester, being recorded as the 17th prelate who had filled that see. He proved a devoted friend to the church, hitherto slenderly provided for among the AngloSaxons, and he procured a law to pass in the Wittenagemot for the universal and compulsory payment of tithes.

But the nation was most of all indebted to him for instilling the rudiments of science, heroism, and virtue into the infant mind of the most illustrious of our sovereigns. The son of Ethelwulf, afterwards Alfred the Great, was, from childhood, placed under the care of the Chancellor, who assisted his mother in teaching him to read and to learn the songs of the Scalds, and afterwards accompanied him on a pilgrimage to Rome, taking the opportunity of pointing out to him the remains of classical antiquity visible in the twilight of refinement which still lingered in Italy.

On Swithin's return to England, his last years were disturbed by the successes of the Danish invaders, and not having the military turn of some ecclesiastics and Chancellors, he shut himself up in his episcopal house, employing himself in acts of piety and charity. He died on the 2d of July, 862, having directed that his body should be buried, not in the Cathedral, but in the churchyard among the poor.

*

He was much admired by ecclesiastics at Rome, as well as in his own country, having first established in England, for the benefit of the Pope, the payment called "Peter's pence." In consequence, about fifty years after his death, he was canonised.

Now comes the legend of St. Swithin. It was thought that the body of the saint ought to be translated from the churchyard to be deposited under the high altar, and the 15th of July was fixed for that ceremony,-when there were to be the most gorgeous processions ever seen in England. But he highly disapproved of this disregard of his dying injunction,

"Jam vero vitæ præsenti valefacturus pontificali authoritate præcepit astantibus, ut extra ecclesiam cadaver suum humarent; ubi et pedibus prætereuntium et stillicidiis ex alto rorantibus esset obnoxium." Wm. of Malm. 242.

CHAP.

I.

TURKETEL, Chancellor under Edward the Elder. A. D. 920.

and sent a tremendous rain, which continued without intermission for forty days, and until the project was abandoned. Ever since he regulates the weather for forty days from the day of his proposed translation, laying down this rule, that as that day is fair or foul, it will be fair or foul for forty days thereafter.

The founders of the Reformation in England seem either to have believed in his miraculous powers, or to have entertained a very grateful recollection of his services to the Church, for they have preserved the 15th of July as a Saint's day dedicated to Lord Chancellor Swithin.

It must be admitted that there is great difficulty in distinguishing between what is authentic and what is fabulous in his history.†

TURKETEL is the first English Chancellor with whom we can be said to be really acquainted. He was of illustrious birth, being the eldest son of Ethelwald, and the grandson of Alfred. He was early distinguished for learning, piety, and courage. Taking priest's orders, his royal uncle, Edward the Elder, immediately offered him high ecclesiastical preferment. This he declined, thinking that it might interfere with the civil employments which, notwithstanding his tonsure, he preferred. Ingulphus informs us that the King thereupon made him his Chancellor and Prime Minister:-"Cancellarium suum eum constituit, ut quæcunque negotia temporalia vel spiritualia Regis judicium expectabant, illius consilio et decreto (nam tantæ fidei et tam profundi ingenii

See Philipot's Catalogue of Chancellors, p. 1. Gostelin. Vit. Swithini. Henry of Huntingdon. Wm. of Malmesbury, Gest. Reg. Angl. p. 151. Spelman's Life of Alfred. de Gest. Pont. 242.

"Is

Most of Lord Chancellor Swithin's decisions have perished, but I find one case reported which was brought judicially before him, and in which he gave specific relief, although seemingly the remedy was at common law by an action of trespass. An old woman came to complain to him that the eggs in her basket which she was carrying to market had all been wantonly broken. ante se adductæ mulierculæ annis et pannis squalidæ querelam auscultat, damnum suspirat, misericordia mentis cunctantem miraculum excitat, statimque porrecto crucis signo, fracturam omnium ovorum consolidat."— Wm. of Malm. 242. There is much faith in the Ex-chancellor, not only in England, but in Scotland, where for many centuries there has been this proverb:

"St. Swithin's day, gif ye do rain,

For forty days it will remain ;
St. Swithin's day, an ye be fair,
For forty days 'twill rain na mair."

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