Lord Chancellours.

The name is taken from CANCELLI, which signifies a kind of wooden Network, which admitteth the eyes of people to behold, but forbids their feet to press on Persons of Quality, sequestred to sit quietly by themselves for publick imployment. Hence Chancells have their denomination, which by such a fence were formerly divided from the body of the Church; and so the Lord Chancellour had a Seat several to him∣self, free from popular intrusion.

I find another Notation of this Office, some deducing his name à Cancellando, from Cancelling things amisse, and rectifying them by the Rules of Equity and a good Consci∣ence, and this relateth to no meaner Author then Johannes*Sarisburiensis.

He is the highest Officer of the Land, whose principal imployment is to mittigate the rigour of the Common Law with Conscientious qualifications. For as the Pro∣phet complaineth that the Magistrates in Israel had turned* JUD•…MENT into WORM∣WOOD, the like would dayly come to passe in England, where High Justice would be High injustice, if the bitterness thereof were not sometimes seasonably sweetned with a mixture of Equity.

He also keepeth the Great Seal of the Land, the affixing whereof preferreth what for∣merly was but a Piece of written Parchment, to be a Patent or Charter. For though it be true what Solomon sayes *Where the word of a King is, there is power; yet that word doth not act effectually, until it be produced under the publick Seal.

Some difference there is between learned Authours, about the antiquity of this Office, when it first began in Eng•…and.

Polydore Virgil, who though an Italian, could (when he would) see well into English Antiqui∣ties, makes the Office to begin at the Conque∣rour. And B. Godwin accounteth them sufficient∣ly ridiculous, who make Swithin Bishop of Win∣chester, Chancellor of England under K. Athelwolfe.

Severall persons are alledged *Chancellours to our English Kings before the Conquest, and King E∣thelred appointed the Abbat of Elie, ut in*Regis Curia Cancellarii ageret dignitatem.

Page  18The Controverfie may easily be compremized by this distinction; Chancellour be∣fore the Conquest, imported an Office of credit in the Kings Court (not of Judicature, but) of Residence, much in the nature of a Secretary. Thus lately he was called the Chancellour (understand not of the Diocess, but) of the Cathedral-Church, whose place was to pen the Letters belonging thereunto. Whereas the notion of the Kings Chancellour since the Conquest, is inlarged and advanced to signifie the supreme Judge of the Land.

The Lord Keeper of the Great Seal, is in effect the same with the Lord Chancelour of England: save that some will have the Lord Chancellours place ad Terminum Vitae, and the Lord Keepers ad placitum Regis. Sure it is, that because Nicholas Heath late Arch-Bishop of York, and Chancellour of England, was still alive, though outed of his Office, Sir Nicholas Bacon was made Lord Keeper, and in his time the power of the Keeper was made equal with the authority of the Chancellour by Act of Parlia∣ment.

We have begun our Catalogue of Chancellours at Sir Thomas More, before whose time that place was generally discharged by Clergy men, entered in our Book under the Title of Eminent Prelates. If any demand, why such Clergy-men, who have been Lord Chancellours, are not rather ranked under the Title of Statesmen, than under the Topick of Prelates? Let such know, that seeing Episcopacy is challenged to be jure Divino, and the Chancellours place confessed to be of Humane Institution, I con∣ceive them most properly placed and to their best advantage.

If any ask, why the Lord Chancellours who meddle so much in matters of Law, are not rather digested under the Title of Lawyers then under that of Statesmen? Let such know, it is done, because some Chancellours were never Lawyers ex professo, studying the Laws of the Land, for their intended Function, taking them only in or∣der to their own private accomplishment. Whereof Sir Christopher Hatton was an emi∣nent instance. As we begin our Catalogue with Sir Thomas More, we close it with Sir Thomas Coventry, it being hard to•…ay, whether the Former were more Witty and Facetious, or the Later more Wise and Judicious.