CHAP. XXVI. Birth and education. Practises Commons. CHAPTER XXVI. LIFE OF ARCHBISHOP WARHAM, LORD CHANCELLOR OF ENGLAND. WILLIAM WARHAM was born at Okely, in Hampshire, of a small gentleman's family in that county. He studied at Winchester school, and afterwards at New College, Oxford, of which he was chosen fellow in 1475. Having greatly distinguished himself in the study of the civil and canon law, he took the degree of LL.D., and practised as an advocate in the Court of Arches in Doctors' Commons. Following in in Doctors' the footsteps of Morton, he attracted the notice and gained the patronage of this prelate, who recommended him for His ememployment to Henry VII. He was accordingly sent on a bassy to very delicate mission to the court of Burgundy, to remonDuke of Burgundy, strate against the countenance there given to Perkin Warbeck, the pretended duke of York, younger son of Edward IV. The Duchess of Burgundy, sister of Edward IV., had a deep dislike to Henry as a Lancastrian, and having formerly patronised Lambert Simnel, now professed to receive Perkin as her nephew, and "the White Rose of England.” Speech to Hollinshead gives us an account of a speech supposed to have been delivered by the ambassador on his arrival at Bruges, in the presence of the Duchess as well as of the Duke; but, from its very uncourtly terms, it must surely be the invention of the chronicler. "William Warram made to them an eloquent oration, and in the later end somewhat inveighed against the Ladie Margaret, not sparing to declare how she now, in her later age, had brought foorth (within the space of a few yeares together) two detestable monsters, that is to saie, Lambert and this same Perkin Warbecke; and being conceived of these two great babes, was not delivered of them in 8 or 9 moneths, as nature requireth, but in 180 months, for both these, at the best, were fiftene yeeres of age yer she would be brought in bed of them, and shew them openlie; and when they were newlie crept out of hir wombe, they were no infants, but lustie yoonglings, and of age sufficient to bid battel to kings. These tawnts angred CHAP. the Ladie Margaret to the hart.” * XXVI. Made Rolls and Warham could not succeed in having the Pretender delivered up or dismissed, but gained highly useful information respecting his history and designs; and gave the King such satisfaction, that on his return he was made Master of London. the Rolls and Bishop of London. He continued at the Rolls nine years, during which time he had a seat at the councilboard, and he was looked forward to by many as the successor of Morton in managing the civil affairs of the kingdom. Lord Chancellor. When he received the Great Seal he held it at first with A. D. 1504. the title only of Lord Keeper; and it was not till two years Keeper afterwards, when being translated to Canterbury, that he and Lord was invested with the full dignity of Lord Chancellor. His installation now took place with extraordinary pomp, the Duke of Buckingham, the first peer of the realm, acting as steward of his household. business in Notwithstanding all the cares of the primacy, he applied His desvery diligently to the discharge of his judicial duties. His patch of experience as an advocate must now have been of essential Chancery. advantage to him; and, besides being assisted by the Masters in Chancery, he prudently continued the practice of calling in the assistance of the common-law judges in all difficult cases. Thus, without the appointment of any Vice-chancellor or deputy, he contrived to keep down the arrears of causes in his Court, and to give general satisfaction. marriage widow of As a statesman, he gained great credit by protesting Opposed against the proposed marriage between Prince Henry and between the Princess Dowager of Wales, pointing out the objec- Prince Henry and tions to the legality of such a union, and the serious diffi- Catherine, culties in which it might afterwards involve the affairs of the nation; but his advice was neglected on account of the cupidity of Henry, who was not only unwilling to refund the half of the lady's large dowry which he had received, but was impatient to have the remaining half of it in his coffers. Lord Chancellor Warham was not connected with any parliamentary proceedings of much importance during this reign. *Hollinsh. iii. 506. Arthur. CHAP. XXVI. His panegyric on Dudley, the Attorney Henry, calling parliaments very rarely, when they did meet, had introduced the custom of opening the session with a speech of his own, instead of trusting to his Chancellor, and there was nothing like free discussion in either House while he was upon the throne. With the assistance of Warham, and other such dexterous men whom Henry had selected for his tools, he contrived, in the latter part of his reign, to render himself nearly absolute. Thus, in his last parliament, the Commons being desired by the Chancellor to choose a Speaker, they found themselves Jan, 1504. under the necessity, on his recommendation, of electing General, afterwards hanged. Death of Dudley, the Attorney General, who was then universally execrated, and who was afterwards hanged, to the great joy of the nation. The Chancellor confirmed the election with much commendation of the new Speaker. Perkin Warbeck being taken, and the Earl of Warwick, the last male of the Plantagenet line being murdered under the forms of law, there was a gloomy tranquillity at the conclusion of this reign, Henry leaving nothing to the Chancellor, or any of his council, but the discharge of the routine duties of their office. After the death of the Queen, the Court was a little Hen. VII. amused by negotiations for a second marriage; but, on the 22d of April, 1509, the gloomy tyrant was carried off by a sudden fit of illness, in the fifty-second year of his age, and the twenty-fourth of his reign; and his courtiers and subjects did not affect to disguise their satisfaction at the event. Legislation in his reign. Adminis tration of justice. Although no transfer of the Great Seal immediately followed the demise of the Crown, we must here pause to take a short retrospect of jurisprudence during this reign. Although it be looked upon as an era in our annals, and the commencement of modern history, it was not marked by any important legislative acts, or by any change in the constitution of our tribunals, beyond the remodelling of the Star Chamber.* Henry's common law judges were men of ability; but they rendered themselves most odious by their rigorous en 3 Hen. 7. c. 1. forcement of obsolete penal laws, for the purpose of swelling CHAP. the revenue. XXVI. The Chancellors exercised, without disturbance, the equity Equity jurisdiction which had been so much attacked in preceding jurisdicreigns; but we cannot much admire their reasoning in deciding the cases which came before them. A judgment of Lord Chancellor Morton's may be given as a specimen. Two persons being appointed executors, one of them released a debt due to the testator without the assent of his companion, who filed a bill in Chancery, suggesting, that on this account the will could not be performed, and praying relief against the other executor and the debtor, to whom the release was granted. Objection was made that there was no ground for interference, as one executor, by the common law, may release a debt. Archbishop Morton, Lord Chancellor.- "It is against reason that one executor should have all the goods, and give a release by himself. I know very well that every law should be consistent with the law of God; and that law forbids that an executor should indulge any disposition he may have to waste the goods of the testator; and if he does, and does not make amends, if he is able, he shall be damned in hell."* Equity decisions, at this time, depended upon each Chancellor's peculiar notions of the law of God, and the manner in which Heaven would visit the defendant for the acts complained of in the Bill; and though a rule is sometimes laid down as to where "a subpoena will lie," that is to say, where there might be relief in Chancery, it was not till long after that authorities were cited by Chancellors, or that there was any steady reference by them to "the doctrine of the Court." In this reign no attention was paid to the improvement of the laws or the administration of justice, except with a view to extorting money from the subject and amassing treasure in the Exchequer, and the Chancellors were much employed in assisting inferior agents to enforce dormant claims of the Crown against the owners of estates, and in compelling corporations to accept new charters for the sake of fees. tion. CHAP. of Henry VIII. A brighter prospect was now supposed to open on the nation. Instead of a monarch jealous, severe, and avaAccession ricious, who receded from virtue as he advanced in years, a young prince of eighteen had succeeded to the throne, who, even in the eyes of men of sense, gave promising hopes of his future conduct, and was possessed of qualifications in a high degree to dazzle and captivate the multitude. He nominally took upon himself the government without Protector or Regent, but Warham the Chancellor had the chief sway, till it gradually waned under the superior ascendency acquired by Wolsey over the youthful sovereign. Warham continued Chancellor. Still opposes Henry's marriage with Catherine. There is no memorandum of the delivery of the Great Seal by Henry VIII. to Warham, but there can be no doubt that he continued Chancellor from his appointment in the preceding reign until his resignation in the year 1515. He is said to have been now placed at the head of the Council, as the least unpopular of the ministers of the late King, by the advice of Margaret Countess of Richmond, who still survived, and being much celebrated for prudence and virtue, had great influence over her royal grandson. The Chancellor in his capacity of Archbishop of Canterbury, placed the crown on Henry's head, and there being then no Prince of the blood, was the first subject in rank at the ceremony, uniting in himself the highest ecclesiastical and civil offices in the realm. A great question immediately arose which divided the Council, and the Chancellor, adhering to his original opinion, stood alone upon it against all the other members: this was the completion of the King's marriage with Catherine of Aragon, the widow of his brother, Prince Arthur. The virtues of the Princess and the advantages of the match were universally admitted; but Warham, as a Churchman, still doubted its validity, and, as a statesman, foresaw the momentous consequences of its being afterwards questioned, and therefore he now strongly remonstrated against it, though if broken off a large dowry was to be returned, and the King of Spain, from being a firm and valuable ally, might be converted into a bitter and formidable enemy. Had the Chancellor's opinion prevailed, England might have remained a |