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not without hopes that I may receive some little credit for condensation.

It will be seen that this “ First Series” comes down to the Revolution of 1688. I was advised to begin with the Chancellors during the eighteenth century, and to travel back, after the precedent of Hume. Such a plan would have had advantages, the recent Lives being generally considered the most interesting ; but as I profess to give the history of our jurisprudence, I thought that I should best succeed by starting from its sources, and following the course which it has

run.

I calculate that the work will be completed in two additional volumes, for which I have already made considerable preparations, and which, if my life and strength be preserved to me, I shall ere long lay before the public. Little interruption to study is offered by the political business of the House of Lords, and although I resolve still regularly to attend the hearing of Appeals and Writs of Error there, and the meetings of the Judicial Committee of the Privy Council, a considerable portion of the year is left entirely under my own control. That the “ Second Series” may be less defective, I earnestly request the communication of any scarce tracts or unpublished MSS. which are likely to be of service to me.

If the work should be worthily finished, my ambition is, that it may amuse the general reader; that it may afford some instruction to those who wish to become well acquainted with our constitutional history; and, above all, that it may excite the young student of the law to emulation and industry, and confirm in his mind the liberal and honourable maxims which ought ever to govern the conduct of an English Barrister.

Stratheden House,

Nov. 1. 1845.

CONTENTS

Etymology of Word “ Chancellor," Page 1. Antiquity of the Office in England, 2.

Original Duty of Chancellor to frame Writs, 2. And Royal Grants, S. Custody

of Great Seal, 3. Chancellor Keeper of King's Conscience, 3. Chancellor for

merly subordinate Officer, without judicial Power, 4. Common-law Jurisdiction

of Chancellor, 5. Equitable Jurisdiction, 6. Objections to Antiquity of

Equitable Jurisdiction, 7. Definition of Equitable Jurisdiction, 7. Extension

of Equitable Jurisdiction of Chancellor, 8. From Inrolments in Chancery

under Recognizance, 9. Fees, &c., 9. Harmony between Common Law and

Equity, 10. Discretion of Chancellor, 11. Appeal from Chancellor as Equity

Judge, 12

Habeas Corpus and Prohibitions, 12. Ne exeat Regno, 13. Juris.

diction over Coroners, 13. Criminal Jurisdiction, 13. Bankruptcy, 13.

Lunacy, 14. Chancellor not ex officio Privy Councillor, 15. Speaker of

Lords, 15. Protection and Precedence, 16. Chancellor no Vote or Voice in

Lords unless a Peer, 16. Anciently addressed two Houses at Meeting of Parlia-

ment, 17. Trial of Peers, and Impeachments, 17. Star Chamber, 17. Chan-

cellor appoints Justices of Peace, 18. Patronage, 18. Visitor, 19. Other

Functions, 19. Office of “ Keeper of the Great Seal,” 19. Lords Commissioners

of Great Seal, 20. Present Title of Lord Chancellor, 21. Mode of Appoint-

ment, 21. Tenure of Office, 22. Mode of using Great Seal, 22. Negotiation

of Marriage of Henry VI. under Great Seal, 23. Use of Great Seal by Edward

IV., 24. Times of Tudors and Stuarts, 25. Use of Great Seal since the

Revolution of 1688, 25. Origin of expression of “ The Seals,” 25. Adoption

of new Great Seal, 25. Care in keeping the Great Seal, 26. Emoluments of

Office, 26. Etiquette, 27. In Parliament, 27. When administering Oaths to

Prince of Wales, 28. To King's younger Son, 28. To Peers in Chancery, 28.

Lord Mayor's Day, 28. Statute respecting Apparel of the Chancellor, 28.

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Chancellors under carly Norman Reigns, 38. Chancellors of the Conqueror, 40.

Maurice, 40. Made Bishop of London, and resigns Great Seal, 40. Conduct

of Ex-chancellor Maurice on the Death of William Rufus, 41. Osmond, 41.

His Character, 42. His literary Works, 42. Arfastus, 42. Baldrick, 43.

Herman, 43. Welson, 44. W. Giffard, Chancellor under three Reigns, 44.

His Character, 44. Conduct of Giffard on Death of Conqueror, 45. Chancellor

to William Rufus, 45. Dismissed, 45. Bloet, Chancellor to William Rufus, 45.

Death and Character of Bloet, 46. Flambard, 47. Oppressions of Flam-

bard, 47. Plot against Flambard, 48. His Preferments, 48. Committed to the

Tower, 48. Exile and Death of Flambard, 49. Giffard, Chancellor the third

time, 49. Dismissal and Banishment of Giffard, 50. Roger, Bishop of Salis-

bury, Chancellor, 50. His Origin and History, 50. Roger's Rise, 51. His

Conduct as Chancellor, 51. Made Chief Justiciary, 51. Roger's Conduct on

Settlement of the Crown, 51. Dismissal of Roger, 52. Roger supports Usurpa-

tion of Stephen, 52. Roger besieged in his Castle, 53. Surrenders, 53. His

Death, 53. His Career described by William of Malmesbury, 53. Other

Chancellors of Henry I., 54. Geoffrey Rufus, 55. Bought Office of Chan-

cellor, 55. Ranulphus, 55. Alexander, Chancellor to King. Stephen, 56. His

Conduct as Chancellor, 56. Character of Alexander, 57. Roger Pauper, Chan-

cellor, 57. Queen Matilda, 57. Fitzgilbert her Chancellor, 57. Restoration

of Stephen, 58. The Great Seal sold by him to Chancellor Geoffrey, 58. Other

Chancellors of Stephen, 58.

His Parentage, 60. Story of his Mother being the Daughter of an Emir, 60. Educa-

tion, 61. Holds Office under Sheriff of London, 62. Patronised by Theobald,

Archbishop of Canterbury, 62. Made Archbishop of Canterbury, 62.

Missions

to Rome, 63. Appointed Chancellor, 63. Intimacy with Henry II., 63.

Ilis Duties as Chancellor, 65. Fitzstephen's Account of his Habits, 65. Story

of the King, the Chancellor, and the Beggarman, 66. His Conduct as Chau-

cellor, 68. Becket Tutor to the Prince, 68. Becket's Embassy to France, 68.

Origin of Scutage, 71. Becket's Military Prowess, 71. Siege of Toulouse, 71.

Single Combat with Engleran de Trie, 72. His judicial Merits, 72. His Views

and Intentions, 73. Conversation with Prior of Leicester, 74. Death of Arch-

bishop Theobald, 74. Objection to Becket's appointment as Archbishop, on

the ground of his being hostile to the Church, 75. Foliot, Bishop of Hereford,

Rival of Becket, 75. Becket elected Archbishop of Canterbury, 76. Becket

consecrated Archbishop, 76. Sudden Alteration in Becket's Character and

Conduct, 77. He resigns the Great Seal, 77. The King and Becket meet and

quarrel, 78. Struggle between Civil and Ecclesiastical Authority, 79. Con-

ference between the King and the Prelates, 79. Constitutions of Clarendon, 80.

Becket swears to Constitutions of Clarendon, 81. Great Council at Northamp-

ton, 82.

Trial of Becket, 82. Found Guilty, 83. Further Proceedings against

him, 83. He escapes to the Continent, 84. Becket takes refuge in the Abbey

of Pontigny, 85. Measures of the King, 85. Becket goes to Rome, 85. Coro-

nation of King's son by Archbishop of York against Papal Bull, 86. Interview

between Becket and Henry at Fereitville, 87. Peace of Fereitville, 88. Henry

refuses Becket the Kiss of Peace, 88. Henry breaks his Engagement, 89.

Becket resolves on Vengeance, 89. Becket returns to England, 90. Reception

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Marisco, 126. Confirmation of the Great Charter, 126. Ralph de Neville,

Vice-chancellor, 126. Misconduct of Vice-chancellor De Neville, 127. Letter
of Remonstrance from the Chancellor to the Vice-chancellor, 127. De Neville,
Chancellor, 128. Grant to him of Office of Chancellor for Life, 129. Ile

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