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them, or any four of them, two being the Masters of the Rolls, Judges, or Masters, to hear, examine, and finally determine all causes in Chancery committed to them by the Chancellor and to order execution thereon.*

Although there are some valuable reports of common-law cases in this reign, there is no trace of any of the decisions of Chancellors Warham, Wolsey, More, Audley, or Wriothesley; and the rules by which they guided their discretion still remained vague or unknown.

In this reign there are several instances of the Court of Chancery pronouncing decrees for divorces; and there seemed a probability that it would assume a jurisdiction to decree the specific performance of a contract to marry, and a restitution of conjugal rights; but it was afterwards held, that the Ecclesiastical Court alone has cognisance of marriage and divorce.†

CHAPTER XXXVI.

CONCLUSION OF THE LIFE OF LORD CHANCELLOR WRIOTHESLEY.

that the chief

[JAN. 28, 1547.]

On the same day that Henry died the young King was proclaimed; and the sixteen Executors assembled in the Tower to commence their government in his name. Wriothesley thought he had so arranged matters power would be in his own hands. Archbishop Cranmer was the first on the list; but he was not expected to mix much with secular affairs. Next came the Chancellor, who would naturally be looked up to as the real head, and would be enabled to guide the deliberations of the body. He therefore was most anxious that the King's will should be strictly observed; and as soon as they had taken their places at the board, and the will had been read, he moved "that it be resolved not only to stand to and maintain the testament of their master the late King, and every part and article of the same to the uttermost of their power, wits, and cunning, but also that every one of them present should take a corporal oath for the more assured and effectual accomplishment of the same." This resolution could not be decently objected to; the oath was taken, and the Chancellor thought himself secure.

But the ceremony of swearing had hardly been concluded, when the Earl of Hertford, the King's uncle, who, as Lord Chamberlain, was only fourth in precedence in the Council, but who was deter

* Rym. xiv. 299. This commission has since been followed as a precedent for delegations of the judicial authority of the Chancellor.

† See Tothill, 124. De Manniville v. De Manniville, 10 Ves. 60. In America the Court of Chancery still decides in matrimonial suits.

mined to get all power into his own hands, suggested that, for the despatch of business, for the facility of communicating with foreign ambassadors, and for the purpose of representing on other occasions the person of the young Sovereign, it would be necessary to elect one of the Council to preside, with such title as might be agreed upon; and that he himself would willingly submit to any one whom a majority might prefer. Thereupon, according to a concerted plan, a creature of Hertford's moved that he, as nearest in blood to the King, and not in the line of succession to the throne, and eminent for his abilities and virtues, should be appointed governor of the King's person, and Protector of the realm. Wriothesley rose, and with fury opposed a measure which he saw would reduce himself to insignificance. He insisted that it would be a direct infringement of the late King's will, which, being made under a statute, had all the force of an act of the legis lature, and could not be altered but by the same authority which had established it. By the words and the spirit of the instrument under which they were there assembled, all the executors were equal, and were intended to remain so during the King's minority; and it would be monstrous to place one of them over the rest as Protector, —an undefined and ill-omened title, which the chronicles showed was always the forerunner of broils and civil war.

To his astonishment and consternation, however, he found that he made no impression upon his audience, and that a majority had been secured by his rival, who had been lavish in his promises in case he should be elected. Wriothesley was likewise personally unpopular, and his adherence to the old religion was strongly against him,— the current now running very strong in favour of the Reformation. Seeing that opposition would be vain, he abstained from calling for a division; and he pretended to be contented with an assurance, which he knew would prove fallacious, that the new officer should in no case act without the assent of a majority of the Council.

All the Lords, spiritual and temporal, were now assembled in the Chamber of Presence, into which the Executors conducted the young Edward. Each in succession having kissed his hand kneeling, and uttered the words, "God save your Grace!" the Chancellor explained to the assembly the dispositions in the will of their late Sovereign, and the resolution of the executors to put the Earl of Hertford at their head, without hinting at his own disapproval of this step. All present unanimously signified their assent; the new Protector expressed his gratitude for "the honour which had been so unexpectedly conferred upon him;" and Edward, pulling off his cap, said, "We heartily thank you, my Lords all; and hereafter, in all that ye shall have to do with us for any suit or causes, ye shall be heartily welcome."

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In the next measure of the new government, there was the greatest respect professed for the late King, and it had the unanimous support of all the executors. There was a clause in Henry's will, requiring them " to see that all the promises he had made in

his lifetime should be fulfilled after his death," without any statement in writing what those promises were. According to the precedent of Anthony, acting as executor under the will of Cæsar, they asserted that what was convenient to themselves had been promised by the testator. Three gentlemen of his privy chamber, with whom he had been most familiar, and who knew that their assertion would not be questioned, being called before the Board of Regency, declared they heard Henry say, shortly before his death, that he intended to make Hertford Duke of Somerset, Wriothesley Earl of Southampton, and so to confer on all of them the titles in the peerage which they coveted - down to Sir Richard Rich, who was to be made Baron Rich; -with suitable grants to all of them to support their new dignities. It should be recorded, to the honour of two of the Council, St. Leger and Danby, that they declined the proposed elevation; but all the rest accepted it, and our Chancellor became the Earl of Southampton.* Though he gained his title, he speedily lost his office. Notwithstanding a seeming reconciliation, often as he and the Protector met in council, it was evident that there was a bitter enmity between them. Wriothesley, under pretence that nothing was to be done by the Protector without the authority of a majority of the executors, tried to form a party against him, and thwarted him in all his measures. Somerset, feeling that he then had a decided majority in the Council, but doubtful how long with such intrigues it might last, was resolved, as soon as possible, to get rid of so dangerous a competitor.

The Chancellor soon furnished him with a pretence. We have seen how, in the time of Henry VIII., disliking judicial business, and feeling himself incompetent to it, he issued, with the King's consent, a commission to the Master of the Rolls and others to sit for him in the Court of Chancery. Now, that he might enjoy ease, and devote himself to his ambitious projects, he of his own mere motion, without royal warrant, or the authority of the Board of Regency, issued a similar commission to four lawyers, empowering them to hear all manner of causes in his absence; and giving to their decrees the same force as if they had been pronounced by himself provided that, before enrolment, they were ratified by his signature.

Upon the Commissioners taking their seats in the Court of Chancery were murmurs among the barristers; and these coming to the ears of the delighted Somerset, he secretly suggested that a petition upon the subject should be presented to the Council. This being received as the spontaneous complaint of" the undersigned, actuated by a great respect for the constitution, and the due administration of Justice," a reference was made to the Judges to

*However, he is not known in history by this title, and I shall continue to call him by his family name.

† Ante, p. 515.

pronounce upon the validity of the commission, and the nature of the offence committed by issuing it, if it were illegal. The Chancellor did not resist this proceeding, being in hopes that the Judges would take part with the head of the profession; but they, anticipating his downfall, returned for answer, that "the Chancellor having affixed the Great Seal without sufficient warrant to the commission, the commission was void, and that he had been guilty of an offence against the King, which, at common law, was punishable with loss of office, and fine and imprisonment, at the King's pleasure." He called for a second reference to them, on the ground that they had not properly considered the question, thinking that he might procure some of them to retract. They counted on the firmness of the Protector, and all adhered to their former opinion. A motion was now made in council to pronounce judgment against him, of deprivation of his office of Chancellor, and to sentence him to fine and imprisonment. He spoke boldly and ably in his defence, treating the opinion of the Judges with great contempt; and arguing that the commission was fully jus tified by former precedents But if it were illegal for want of any form, he contended that the Council could only revoke it; and to avoid dispute, he was willing that it should at once be cancelled. He added, that if they hesitated to allow him the assistance enjoyed by former Chancellors, he was himself ready to do all the duties of the office in person; but that, holding the office by patent, and the late King's will, made under an act of parliament, having confirmed the grant, he could not be deprived of it during the minority of Edward. If there were any charge against him, he appealed to parliament, which alone could deal with his case.

He found, however, a most determined resolution against him in a majority of the Council, and he knew not to what extremities they might resort if he continued to defy them. To avoid going to the Tower, he said he should submit to their pleasure, and begged permission (which was granted) that he might return to his house in Ely Place, Holborn, while they deliberated upon his fate.

It wa sinstantly resolved that he should be removed from the office of Chancellor and his seat in the Council. The [MARCH 6.] same evening the sentence was communicated to him, with an intimation that he must remain a prisoner in his house till, upon further deliberation, the amount of his fine should be ascertained. Lord Seymour of Sudeley, the Protector's brother, Sir Anthony Brown, and Sir Edward North, were immediately sent to demand the Great Seal from him. He quietly surrendered it to them, and they carried it to Somerset, who, on receiving it into his hands, said to himself, "I am at last Lord Protector."*

But,

*The entry of this transaction in the Close Roll is very curious. Mem. qd. Die Dnica videlt, &c. Magnum Sigillum ipsius Dni Regis in custodiâ Thome Coitis Southampton tunc Cancellar. Anglie existens per mandatum ejusdem Dni

freed for a time from all rivalry, he played such fantastic tricks that he raised up fresh enemies, disgusted the nation, and, before long, was himself brought to the block.

No sooner was Wriothesley removed than the Protector caused the Great Seal to be affixed to letters patent, formally setting aside the King's will, and conferring on himself the whole authority of the Crown. A new Council was appointed, from which Wriothesley was excluded, with power to the Protector to add to their number, and to select from the whole body such individuals as he should think fit to form the Cabinet; but he was not bound to follow their advice, and he was empowered in every case to decide according to his own judgment till the King should have completed his eighteenth year.

Wriothesley was not further molested, and remained quiet for two years, till the Protector, by the execution of his brother Lord Seymour, and the contempt with which he treated all who approached him, and the imbecility and rashness of his measures of government, had rendered himself universally odious, and was tottering to his fall.

The Ex-chancellor now contrived to get himself reinstated in the Council, and he associated himself with Dudley [SEPT. 1549.] Earl of Warwick, a man, from his energy and want of principle, rising into consequence, and destined soon to fill a great space in the eyes of mankind. They formed a party, to which they drew in the Earl of Arundel, Lord St. John, and several other members of the Council, and, holding their meetings at Ely House, prepared measures for depriving Somerset of all his authority.

At last the crisis arrived. The Councillors assembled in Holborn, assumed to themselves the functions of

government, and professed to act under the [ OCTOBER, 1549.] powers conferred upon them as executors under the late King's will.

Regis de avisamento Dni Ducis Somerset psone regie Gubernatoris ac Regn. Protectoris necnon aliorum de consilio suo in manus ejusdem Dni regis resumptum est idemque Comes adtunc de officio Cancellarii Angl. ob offens. et transgress. pr ipsum perpetrat. et alias justas et ronabiles causas exonatus et amotus fuit. Sup. quo idem Mag. Sigill. in quadam baga de corio inclusum et coopt. alia baga de velveto rubeol insigniis regiis ornat. per eumdem Comitem prtextu mandati prdci apud Hospit. ejusdem Comitis in Holbourn London vocat. Ely Place in quadam interiori Camera ibidem circa horam septimam post meridiem ejusdem diei nobil. viris Thome Seymour sacri ordinis garteri militi Dno. Seymour de Sudley, &c. libatum fuit Rusquidem Thomas Dns. Seymour, &c. Sigillum prdm, in baga predicta inclusum et sigillo ips. Comitis munitum de manibus ips Comitis recipiet illud circa horam nonam post meridiem prci diei in prsencia Wolli Paulet, &c. prnobili viro Edwardo Duci Somerset Dno Protectori prdco in Camera sua infra nov. Palac. West. prfto Dno Regi prstand. libaverunt."

This is the first mention I find of the red velvet bag, with the royal arms, in which the Great Seal is no now enclosed.

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