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CASE OF SIR HENRY YELVERTON.

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two ends, as we conceive, that your Majesty proposed unto yourself.

To effect both which, we humbly presume to present thus much unto your Majesty as our opinion. First, that an Information be put into the Star Chamber, as we formerly advised, against your Attorney as delinquent, against the Mayor, etc., as interessed, and against the Recorder also mixtly with some touch of charge.

That the submission by letter offered by Mr. Attorney is no way satisfactory for your Majesty's honour, but is to be of record by way of answer, and deduced to more particulars.

That any submission or surrender of the patents by the city should be also of record in their answer; and no other can be received with your Majesty's honour, but by answer in court : the same to come merely of themselves, without any motion on your Majesty's behalf, directly or indirectly; which being done in this form, it will be afterwards in your Majesty's choice and pleasure to use mercy, and to suspend any farther proceedings against your Attorney.

That it is of necessity as well for the putting in of this infor mation, as for your Majesty's other urgent and public services. in that and other courts, to have a sequestration presently of your Attorney, and a provisional commission to some other during your Majesty's pleasure to execute that charge. For both which, instruments legal shall be provided as soon as your Majesty's pleasure is known. To which we humbly and dutifully submit our advice and opinion, beseeching God to bless your Majesty's sacred person with continuance and increase of much health and happiness. Wherewith humbly kissing your royal hands, we rest

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TO THE MARQUIS OF BUCKINGHAM, 1

My very good Lord,

I have lately certified his Majesty on the behalf of Sir George Chaworth, by Secretary Calvert, touching the place of a Remembrancer in the Chancery for setting down of causes. And because the gentleman telleth me, the King thought my certificate a little doubtful, he desired me to write to your Lordship touching my approbation more plainly. It is true that I conceive it to be a good business, and will be for the service of the court and ease of the subject; I will look it shall be accompanied with good cautions.

We ruffle over business here in council apace, and I think to reasonable good purpose. By my next I will write of some fit particulars. I ever rest

Your most obliged friend and faithful servant,
FR. VERULAM, Canc.

21 June, 1620.

5.

The work which comes next in order, though short and requiring but little introduction, seems weighty enough to deserve a section to itself.

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The relations between Bacon and Whitelocke, though not personally unfriendly—at least on Bacon's side-had been politically antagonistic, and had brought them occasionally into unpleasant collision. In 1610 when the House of Commons disputed and assumed to overrule the judgment of the Court of Exchequer in Bates's case, Whitelocke by his own account was the man who first put the house on the scent, and kept them steady in pursuit, till it ended in the "grand committee on Impositions," and the ultimate defeat of the whole plan and policy of the governmentBacon, as Solicitor-General, fighting strongly on the other side. In 1614, when the same question came on again with a similar result, Whitelocke was again in the front rank of the battle, and was one of the members of the Committee of Conference who were ordered immediately after the dissolution to deliver in their notes to the Council that they might be burned. With this, it is true,

1 Stephens's first collection, p. 249. From the original. Second collection, p. 110.

2 Lib. Famelicus. p. 24.

3 lb. pp. 41-43.

1619-20.]

WHITELOCKE AND SIR J. ROPER'S PLACE.

101

Bacon could have nothing to do, having himself consented, either from policy or change of opinion on the point of law, to act with the offending parties. But between these two occasions a collision had occurred of a disagreeable kind. When in 1612 Whitelocke had laid himself open to a charge of "contempt" by a criticism of a Royal Commission for enquiring into abuses in the administration of the Navy, it fell to Bacon's share, as one of the Learned Counsel, to set forth his offence, and afterwards to persuade him to make a submission which went much against the grain. And again in 1616, when Whitelocke (to use his own phrase) was "blown out of the office of the King's Bench," it was Bacon's lot to represent to him the expediency of surrendering a reversion of some value. The office out of which he was blown was one which entitled the holder to all fees paid for enrolment of Pleas in the Court of King's Bench. It was then held by Sir John Roper. But the reversion had been granted to the Earl of Somerset and Lord Harington jointly: each of whom had appointed a deputy to hold the patent and execute the office for him, under covenant to pay over the proceeds, retaining a twelfth part for execution. Lord Harington had chosen Whitelocke, and assigned to him "the benefit of one moiety of the office "-meaning, I suppose, the twelfth part of his half of the proceeds. Upon the death of Lord Harington his representatives sold their interest in the reversion to Somerset ; who being now sole possessor, and not wanting more than one person to execute, concluded a new arrangement with Whitelocke, under which, in consideration of 8007. paid down, he covenanted "to surrender up the office at his request, and not execute it but by warrant under his hand and seal."2 Then came the attainder of Somerset in 1616; which brought the reversion again (by forfeiture) into the King's hands. The King transferred it to Villiers; in whose interest Sir John Roper (now made Lord Teynham to make him more agreeable) consented that a grant of the office should be made "to two persons for their lives; putting in security to make him [Lord T.] a true account of all profits during his life; and themselves to have nothing, nor to meddle with the execution." 3 Lord Teynham wished Whitelocke to be one of the two (whereby he would apparently have been replaced in the position which he had received the 8001. for surrendering), but Villiers preferred a dependent of his own; and Bacon undertook to arrange it. The

1

1 Whitelocke's words are "the benefit of one moiety of Sir John Roper's office, which was settled on me by his appointment." 3 Ib. p. 58.

2 Lib. Fam. p. 46.

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other deputy, Robert Heath, was to be reinstated, and therefore there would be no difficulty with him. But Whitelocke's case was different both ways. On the one hand he would be a loser, but on the other hand he had bound himself for a consideration to surrender at request. Bacon told him that "he wished him better than to have him a clerk-accomptant, and bade him go on in the course he was in, and he would do him more good that way; and whether or not he convinced him that it would be his better course, I suppose he satisfied him that under the terms of his covenant he could not refuse. For on the 18th of November he was served with a mandate under the Privy Seal requiring the surrender, and on the 19th it was made in due form. But though Whitelocke admits that he "made no great suit to continue in," and it may be true that he made no difficulty about surrendering, it is clear from the tone of his narrative that he did not at all like it, but thought himself ill-used, and took Bacon's complimentary speeches for so many fair words that meant nothing, In this however he was mistaken. Bacon had long had him on his list of able lawyers to be recommended for employment. In 1614 he set his name first on the list of men eligible for the proposed office of law reporter.1 When he became Lord Keeper he gave him at his first interview " very noble and kind words of encouragement.' "12 And though in 1618, when the Lord Mayor and Aldermen wanted to make Whitelocke Recorder, he supported Buckingham's nominee, he had now the satisfaction of promoting him to an important office in the State. Sir Thomas Chamberlain who had been Chief Justice of Chester was to be transferred to the King's Bench, and Whitelocke was appointed to succeed him. By way of qualification for the appointment he had to be made a serjeant at law. He presented his writ to the Lord Chancellor on the 29th of June, who addressed him in a short speech, of which we have the following note, made apparently by a very attentive and intelligent listener.

NOTES OF MY LORD CHANCELLOR'S SPEECH IN CHANCERY TO MR. WHITLOCK, 29th JUNE, 1620, WHEN HE WAS TO RECEIVE HIS OATH AS A SERJEANT AT CHANCERY BAR, AND TO BE PUT TO BE CHIEF JUSTICE OF CHESTER. 3

Mr. Whitlock,

The King's most excellent Majesty, being well informed of your sufficiency, hath out of his favour grounded upon your

1 See Vol. V. p. 86.

2 Lib. Fam. p. 55. 3 Harl. MSS. 1576. 206.

1619-20.] SPEECH TO WHITELOCKE ON DUTY OF A JUDGE. 103

merit, well impressed by good and due information, called you now to the state and degree of a serjeant at law; but with an intention not to stay you there, but to raise you higher to serve him as Chief Justice of Chester, in the place of Sir Thomas Chamberlaine whom he doth resolve to call home to be his judge here in the King's Bench. You are the more bound to the King by how much more the time doth flourish with able and learned men, whereof the age is full.

That that I shall say to you shall be in few words and in two kinds. I will not speak at all to matter of pleading, for you are not to plead merely, but the degree of serjeant is a step to your other place.

First therefore, I shall speak of the duty of a Judge in general and then of the proprieties thereof applied in particular to the place you go to.

For the duty of a Judge in general it is a common-place often spoken of the ground of all is the science and knowledge of the common law, the statutes of the kingdom, and the customs of the realm, according to which you are to deal in this your place. You are well read in the law and well seen in archivis regni: you are a man diligent and expert in the records of the kingdom, which is a great supplemental and light to the law. Yet now keep no holiday, no not in study, nor go from your books to your brain; but continue then your study as well as now when you are a serjeant and practiser. Be patient in hearing of causes; for what is it the better if a judge be learned in general and in thesi, if he be not attentive to hear the causes before him? Have patience therefore in hearing; make no catching hearings; have a slow pace. Judges make no haste. Keep your hands clean, and the hands of your servants that are about you:1 keep them in awe, that they may not dare to move you in things unfit. bribery and corruption, and preserve your integrity, not respecting any in course of justice; for what avails it if you should be incorrupt and yet should be partial and a respecter of persons? As Solomon saith, To have respect of persons is not good: for for a piece of bread that man will transgress: as who should say, bribes come but now and then; but if a man be affectionate or

Fly all

1 It is a singular fact that these words were spoken on the same day on which Bacon himself made the final order in Lady Wharton's case, having only two or three days before accepted a purse from her with 1007. in it. See Gardiner's P. Charles and the Spanish Marriage, vol. i. p. 445.

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