ROLLS AND RECORDS.
SOME twelve or thirteen months ago, we invited attention to a very able essay by Sir FRANCIS PALGRAVE 011 the Original Authority of the King's Connell, which, as we thought, displayed the uses and spirit of legal antiquarianism ; throwing a light upon the real condition of the people in ancient times, and presenting a valu- able account of one branch of our ancient gtvernment. The frag- ment now before us gives indications very much akin to the former work ; but, so far as we can judge of a whole from a part, does not possess so much unity of design or such completeness of exe- cution. It also appears more likely to be the introduction to a mass of legal documents—unintelligible, and indeed illegible, to any but archaeologists—than to herald a volume whose results at least should increase the sum of popular historical knowledge, whilst it should offer to the legal and political student a book that might save him the drudgery of research, or at least abridge and direct his labours.
If we rightly understand the nature of the tract before us, it is a preface io a \ (flume which is to contain the Rolls of the King's. Court held before his Majesty's Justices or Justiciars from the 13th October 1194 to the 15th July 1199. These "rolls" have never yet been published in an entire form; and are the earliest consecutive judicial records now existing, the most ancient Conti- nental documents going no further back than 1254. The object of the preface—or, as the author calls it the "introduction"—seems to be, to point out the peculiar purposes the work may be made to serve, in illustrating the legal and constitutional practices of the period, exhibiting the different classes into which society was ranged, testing the statements of historians, and rectifying or esta- blishing the true facts of history. If the volume can enable the student to do this as Sir FRANCIS PALGRAVE does it in the pages before us, its publication will be a public benefit; for, in his ex- panded narrative of sonic of the cases, we have the interest which the real tales of the law-books excite, mingled with glimpses of forgotten manners, and sketches of the warrior, statesman, and priest, who figured upon the public stage in the troubled times of Cceur de Lion. But, judging from the marginal references to the old chroniclers, we question whether it will do any thing of the kind. The cases on the records, we suspect, are mere dry narra- tives, to those whose minds have not been qualified by rare and laborious studies to perceive their uses and importance. They are signet tokens—curious, no doubt, in themselves, but whose value is limited to the few in the secret.
As the work is not very likely to have a popular circulation, we will indicate a few of the points which have struck us in perusing it.
Notwithstanding the supposed contempt of the higher classes for trade in those early times, every contemporary document we- have looked into seems to savour of a contrary opinion. The mer- chants and members of corporations appear always to have pos- sessed influence and repute; and from an old seal attached to one of the records, our author infers that the tradition is correct which represents the Aldermen of London taking rank as Barons. The power of the clergy over opinion in England appears to have been equally exaggerated. They could not excite the people, still less could they successfully oppose their views or their prejudices: like the press in our own time, it was only by taking part with the masses—directing their strength and heading the movement, or sometimes by rendering zeal subservient to interest—that they be- came influential as priests (for their secular power should not be confounded with their spiritual influence). We now hear talk of applying the voluntary principle to religious matters: in those days the hereditary principle was in vogue. Benefices went by descent to the priest's son, both in this country and on the Conti, nent ; a fact which shows that the celibacy of the clergy was not so general or so long-continued as has been supposed. Another point worthy of note is the consideration the people received, how- ever restricted the term may be. In the Great Council held in St. Paul's Churchyard "in the nature of a Parliament," at which Joule (afterwards King) and Archbishop WALTER presided, " the citizens of London came in folkmoot, and joined the assembly;" and letters in the nature of proclamations or missives were ad- dressed in the name "of the Queen, the Clergy, and the People." The care with which the rights of the State—or, as we should now say, the People—were guarded, even in terms, is also worth remark- ing. Though the next heir succeeded to the crown immediately on the demise, yet it would appear that he succeeded only as Dominus Anglia t; which Sir FRANCIS PALGRAVE infers merely marked his lordship over the soil : till he was received by the People on his coronation as Rex Anglorum, he could not touch the public treasure, or punish wrong-doers (though they became amenable to the law afterwards), or exercise constitutionally other acts of sovereignty. This state of things our author considers terminated on the accession of EDWARD the First, who was- con- sidered King from the time his peace was proclaimed. He perhaps meant terminated with EDWARD the First ; for au anecdote he gives seems to militate against his conclusion.
Edward's accession was attended by some remarkable circumstances. Great dissensions prevailed at this period in London. There were two competitors for the office of Mayor ; one elected, as of old, by the " Magnates," the other by the lesser Commons ; and the King had interposed by appointing a Custos, until • the settlement of the disputes between the contending parties. Henry the Third was then on his deathbed ; and the popular party proposed that, as soon as be should expire, they would rise against the aldermen, and plunder them of all their goods and chattels; under the impression that this could he done with im- punity whilst the kingdom should be " without a King "—ditto Regniiiu esset sine liege. But this, continues the writer of the Year Book of London, pro- bably the town-clerk, was an erroneous opinion ; for immediately upon the King's death, the kingdom devolved unon Domisits Edward, his son. And when, continues this writer, all the people should have done fealty to him, then it was certain that all who, under his dominion, perpetrate any act against the peace, should be as gtievously punished as under the dominion of his living father. And the liver commons were prevented from perpetrating this quity, because immediately upon King Henry's death, "on the morrow of Saint Edmund the Archbishop," the Earl of Gloucester, the Archbishop of York, and many other nobles of the realm of England then present, came into the city and caused peace to be proclaimed towards all, both Jews and Christians.
The more the research the greater the uncertainty of historical circumstances appears. The popular account of RICHARD the First's death is well known. Our author occupies upwards of five pages with statements from diffitrent authorities as to the second- ary facts, all varying from each other in something. Connected with the life of the same Monarch, (who, let romance say what it may, seems to have been a most odious tyrant,) is a curious prin- ciple of law, and an ingenious mode of granting all that suitors ask without detriment to the granter.
Richard himself, during his captivity, stultified, if such an expression can be
-used, his own letters patent in general In a writ or letter addressed to the then Justiciar, he directs that no faith be given to any instrument issued in his name, though produced by a messenger to g directly from him, unless the same be to his honour and profit. WI:bald was beset with applicants and suitors ; and, in order to rid himself of their importunities, he appears to have adopted this ingenious plan of granting what was asked, with a secret defeazance, annulling whatever grant or promise it might not be convenient for bitil to observe. This conduct, subversive of all good faith, utterly prevents us from aseettaining whether any particular instrument was or was out issued by Richard, with the intent that it should be observed. Our uncertainty is increased by the know- ledge that letters were repeatedly counterfeited in his name by his brothels.
Here is an anecdote of Coeur de Lion's brother, JOHN, which ex- hibits equal ingenuity in its way. Longeharup, it is to be observed, had been appointed Regent by RICHARD, but removed by the Parliament mentioned as having been held at St. Paul's. He was now aiming to reestablish his authority by JOHN'S assistance— Of John's exertions on behalf of Longchamp, one example is narrated with amusing particularity. A Council, or as we should call it, a Parliament, being assembled at London, the messenger of Longehamp, Legate and Chancellor, suddenly entered, announcing the arrival of his master at Dover. Alarmed at such intelligence, they forthwith semi to Earl John, who is at Walliogford. Another Council is held. In this, John informs them that Longchanip defies them all, provided he can obtain his, John's protection ; for which he offers seven hundred pounds, to be paid within a week. " I am in want of money," continued Earl Julio ; " a word to the wise is enough." And having thus spoken, he departed, leaving them to consider this pithy monition. Anxious to prevent the return of their hated enemy, they agreed to buy John off, by lend- ing, hint five hundred pounds front the Kings treasury. The Earl forthwith withdrew his proposition iu favour of Longclamp.
The general remarks we have made, and the passages that have been quoted, run directly counter to II yam. We will take for a closing extract Sir Fliasx IS PALGRAVE'S estimate of this author. It may serve as a hint to Mr. MURRAY in regard to his new variorum edition of the Historians.
Hume generally bestows a title upon John which never did or could belong to him, namely, that of " Prince." Had the original authorities been consulted and studied by this able writer, it is probable that his shrewdness might have enabled hint to detect the error. But Hume's narrative of the earlier periods, for to this portion only I limit my present observations,, frequently inaccurate, and always vague and superficial, labours under defects which no system of an- notation can correct or remove. A professed and ostentatious inquirer after truth, this cool, acute, but inconsistent sceptic, neglected ordinary diligence in the collection or examination of the evidence whereon his historical belief is founded. And, taken as a whole, and whether judgcd with respect to research, or to spirit, or to tone, or to general tendency, it would be difficult to point out any one book, which, rotten at the core, hasmfficted a more lasting injury upon Our national literature.
The probable character of the documents which this learned and able treatise seems intended to introduce to the world, has been hinted at already. If an opinion may be ventured from .(what appear to be) two specimens in the appendix, the portly volumes which are to be printed by the command of the King at the expense of his loving subjects, will not only be dry, but literally unreadable. The language will be a bastard Latin, barbarous and technical ; the words will be abbreviated to an extent incon- ceivable to those unacquainted with manuscripts: to decipher them is in itself an art difficult of acquirement, and very rare. It will naturally be asked—why then publish them at all ? why not do what the Spectator formerly suggested ought to be done for all our archives?—arrange and classify the miginals; copy them fairly and legibly ; place them in a public office • give the public easy access to them ; and publish only a few of dte more striking, or a catalogue raisonue, which should state their general chat acters and scope. The cause of leaving undohe what ought to be done, we cannot unfold. Why that is done which ought not to be done, admits of a readier answer. Seme influential gentlemen may wish to have for their library the copy of a book which it is a chance if they can read ; profit accrues to various persons from carrying the job into execution; and John Bull pays for all.
The abuses connected with our Records and the Commissions to Manage them, is an evil which requires searching inquiry and
sharp remedies. Had half the money which has almost uselessly been squandered upon the subject been vested in Commissioners, and the interest judiciously applied, all our existing documents— perhaps the richest, the oldest, and the most extensive in Europe —might have been classed, arranged, copied, and rendered avail- able to any one who chose to examine them. When we last alluded to the matter, we pointed to Lord BROUGHAM as the man from whom reform in this department should be required ; for it was his general duty as a Reformer, and his peculiar business as a Commissioner of the Public Records. This is not the only point on which the ci-derant Chancellor disappointed expectation. But we trust when the struggle is over, that some stanch and business-like Reformer will take up the question, and prosecute an inquiry into the present state of our Records, and into what has been done, is doing, and ought to be done upon the subject. We wonder the Tories, among their small ameliorations, did not attempt this. It was ,not very telling with the million, to be sure, but very important to the literature of the country. That they originated the jobs, was of no consequence, now they are adminis- trative reformers.
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