table-talk, and under the influence of the prejudices then prevalent among common lawyers against equitable jurisdiction. Still, perhaps, in his time what he said might be true enough for a smart saying. But in process of time a system of rules was established which has constantly tended to limit the originally discretionary powers of the Chancery. Equity, in the acceptation in which that word is used in English jurisprudence, is no longer to be confounded with that moral equity which generally corrects the unjust operation of law, and with which it seems to have been synonymous in the days of Selden and Bacon. It is a part of law formed from usages and determinations which sometimes differ from what is called common law in its subjects, but chiefly varies from it in its modes of proof, of trial, and of relief; it is a jurisdiction so irregularly formed, and often so little dependent on general principles, that it can hardly be defined or made intelligible otherwise than by a minute enumeration of the matters cognisable by it. * It will be seen from the above that sir Thomas More's duties differed very widely from the various exertions of labour and intellect required from a modern chancellor. At the utmost he did not hear more than two hundred cases and arguments yearly, including those of every description. No authentic account of any case tried before him, if any such be extant, has been yet brought to light. No law book alludes to any part of his judgments or reasonings. Nothing of this higher part of his judicial life is preserved, which can warrant us in believing more than that it must have displayed his neverfailing integrity, reason, learning, and eloquence. The particulars of his instalment are not unworthy of being specified as a proof of the reverence for his endowments and excellences professed by the king and entertained by the public, to whose judgment the ministers of Henry seemed virtually to appeal, with an assurance that the king's appointment would be ratified by Blackstone, book iii. c. 27. Lord Hardwicke's Letter to Lord Kames, 30th June, 1757. Lord Woodhouselee's Life of Lord Kames, vol. i. p. 237. VOL. I. F the general voice. "He was led between the dukes of Norfolk and Suffolk up Westminster Hall to the Stone Chamber, and there they honourably placed him in the high judgment-seat of chancellor*;" (for the chancellor was, by his office, the president of that terrible tribunal.) "The duke of Norfolk, premier peer and lord high treasurer of England," continues the biographer, " by the command of the king, spoke thus unto the people there with great applause and joy gathered together : 'The king's majesty (which, I pray God, may prove happie and fortunate to the whole realme of England) hath raised to the most high dignitie of chancellourship sir Thomas More, a man for his extraordinarie worth and sufficiencie well knowne to himself and the whole realme, for no other cause or earthlie respect, but for that he hath plainely perceaved all the gifts of nature and grace to be heaped upon him, which either the people could desire, or himself wish, for the discharge of so great an office. For the admirable wisedome, integritie, and innocencie, joyned with most pleasant facilitie of witt, that this man is endowed withall, have been sufficiently knowen to all Englishmen from his youth, and for these manie yeares also to the king's majestie himself. This hath the king abundantly found in manie and weightie affayres, which he hath happily dispatched both at home and abroad; in diverse offices which he hath born, in most honourable embassages which he hath undergone; and in his daily counsell and advises upon all other occasions. He hath perceaved no man in his realme to be more wise in deliberating, more sincere in opening to him what he thought, nor more eloquent to adorne the matter which he uttered. Wherefore, because he saw in him such excellent endowments, and that of his especiall care he hath a particular desire that his kingdome and people might be governed with all equitie and justice, integritie and wisedome; he of his owne most gracious disposition hath created this singular man lord chancellor; that, by his laudable performance *More's Life of Sir T. More, 156. 163. of this office, his people may enjoy peace and justice; and honour also and fame may redounde to the whole kingdome. It may perhaps seeme to manie a strange and unusuall matter, that this dignitie should be bestowed upon a layman, none of the nobilitie, and one that hath wife and children; because heretofore none but singular learned prelates, or men of greatest nobilitie, have possessed this place; but what is wanting in these respects, the admirable vertues, the matchless guifts of witt and wisedome of this man, doth most plentifully recompence the same. For the king's majestie hath not regarded how great, but what a man he was; he hath not cast his eyes upon the nobilitie of his bloud, but on the worth of his person; he hath respected his sufficiencie, not his profession; finally, he would show by this his choyce, that he hath some rare subjects amongst the rowe of gentlemen and laymen, who deserve to manage the highest offices of the realme, which bishops and noblemen think they only can deserve.. The rarer therefore it was, so much both himself held it to be the more excellent, and to his people he thought it would be the more gratefull. Wherefore, receave this your chancellour with joyful acclamations, at whose hands you may expect all happinesse and content.' "Sir Thomas More, according to his wonted modestie, was somewhat abashed at this the duke's speech, in that it sounded so much to his praise; but recollecting himself as that place and time would give him leave, he answered in this sorte:- Although, most noble duke, and you right honourable lords, and worshipfull gentlemen, I knowe all these things, which the king's majestie, it seemeth, hath bene pleased should be spoken of me at this time and place, and your grace hath with most eloquent wordes thus amplifyed, are as far from me, as I could wish with all my hart they were in me for the better performance of so great a charge; and although this your speach hath caused in me greater feare than I can well express in words: yet this incomparable favour of my dread soueraigne, by which he showeth how well, yea how highly he conceaveth of my weakenesse, having commanded that my meanesse should be so greatly commended, cannot be but most acceptable unto me and I cannot choose but give your most noble grace exceeding thankes, that what his majestie hath willed you briefly to utter, you, of the abundance of your love unto me, have in a large and eloquent oration dilated. As for myself, I can take it no otherwise, but that his majestie's incomparable favour towards me, the good will and incredible propension of his royall minde (wherewith he hath these manie yeares favoured me continually) hath alone without anie desert of mine at all, caused both this my new honour, and these your undeserved commendations of me. For who am I, or what is the house of my father, that the king's highnesse should heape upon me by such a perpetuall streame of affection, these so high honours? I am farre lesse then anie the meanest of his benefitts bestowed on me ; how can I then thinke myself worthie or fitt for this so peerlesse dignitie? I have bene drawen by force, as the king's majestie often professeth, to his highnesse's service, to be a courtier; but to take this dignitie upon me, is most of all against my will; yet such is his highnesse's benignitie, such is his bountie, that he highly esteemeth the small dutiefulnesse of his meanest subjects, and seeketh still magnificently to recompence his servants; not only such as deserve well, but even such as have but a desire to deserve well at his hands, in which number I have alwaies wished myself to be reckoned, because I cannot challenge myself to be one of the former; which being so, you may all perceave with me how great a burden is layde upon my backe, in that I must strive in some sorte with my diligence and dutie to corresponde with his royall benevolence, and to be answerable to that great expectation, which he and you seeme to have of me; wherefore those so high praises are by me so much more grievous unto me, by how much more I know the greater charge I have to render myself. worthie of, and the fewer means I have to make them goode. This weight is hardly suitable to my weake shoulders; this honour is not correspondent to my poore desert; it is a burden, not a glorie; a care, not a dignitie; the one therefore I must beare as manfully as I can, and discharge the other with as much dexteritie as I shall be able. The earnest desire which I have alwaies had and doe now acknowledge myself to have, to satisfye by all meanes I can possible, the most ample benefitts of his highnesse, will greatly excite and ayde me to the diligent performance of all, which I trust also I shall be more able to doe, if I finde all your good wills and wishes both favourable unto me, and conformable to his royal munificence: because my serious endeavours to doe well, joyned with your favourable acceptance, will easily procure that whatsoever is performed by me, though it be in itself but small, yet will it seeme great and praiseworthie; for those things are alwaies atchieved happily, which are accepted willingly; and those succeede fortunately, which are receaved by others courteously. As you therefore doe hope for great matters, and the best at my hands, so though I dare not promise anie such, yet do I promise truly and affectionately to performe the best I shall be able.' “When sir Thomas More had spoken these wordes, turning his face to the high judgement seate of the Chancerie, he proceeded in this manner : 'But when I looke upon this seate, when I thinke how greate and what kinde of personages have possessed this place before me, when I call to minde who he was that sate in it last of all—a man of what singular wisdome, of what notable experience, what a prosperous and favourable fortune he had for a great space, and how at the last he had a most grievous fall, and dyed inglorious I have cause enough by my predecessor's example to think honour but slipperie, and this dignitie not so grateful to me as it may seeme to others; for both is it a hard matter to follow with like paces or praises, a man of such admirable witt, prudence, authoritie, and splen |