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THE

LIVES

THE LORD CHANCELLORS

KEEPERS OF THE GREAT SEAL

ENGLAND,

FROM THE EARLIEST TIMES TILL THE REIGN OF
KING GEORGE IV.

BY
JOHN LORD CAMPBELL, LL.D. F.R.S.E.

IN SEVEN VOLUMES.

VOL. III.

SEGOND AMERICAN,
FROM THE THIRD LONDON EDITION.

PHILADELPHIA:

BLANCHARD AND LEA.

CONTENTS

CHAPTER LXVIII.

LORD KEEPERS OF THE PARLIAMENTARY GREAT SEAL DURING THE COMMONWEALTH

TILL THE FIRST APPOINTMENT OF LORD COMMISSIONER WHITELOCK.

Consternation of the Parliament when the Great Seal was carried to the King,

page 25. They send Writs to be sealed by Littleton, 25. Littleton's equivocal

Answer, 26. Proceedings in Parliament respecting Great Seal, 26. Ordinance

against Use of Great Seal by the King, 26. Despair of the Lawyers, 26. Plan

for new Great Seal, 27. Opposition to it, 27. Arguments for it, 27. Resolu-

tions of the Commons rejected by the Lords, 27. Conferences, 28. Reasons of

Commons, 28. Commons order new Great Seal to be made, 29. New Great

Seal in Custody of Speaker, 29. Perplexity of Commons, 29. Prynne's "Opening of Great Seal of England," 30. Committee of Commons, 30. Serjeant

Wilde, 30. The Lords consent louse of new Great Seal, 31. Ordinance, 31.

Parliamentary Commissioners of Great Seal, 31. Ceremony of swearing them

in, 32. Proclamation by the King, charging those concerned in making the new

Great Seal with High Treason, 32. Court of Chancery re-opened, 32. Origin

of "Suitors' Fund" in Chancery, 33. Activity of Serjeant Wilde, 33, Pro-

ceedings on Capture of King's Great Seal at Oxford, 33. Self-denying Ordi-

nance respecting the Great Seal passes Commons, 34. Rejected by the Lords,

34. Ordinance making the Speakers of the two Houses joint Keepers of the

Great Seal, 35. Authority of the Lords Commissioners defied by Judge Jen-

kins, 35.

CHAPTER LXIX.

LORDS COMMISSIONERS OF THE GREAT SEAL FROM THE FIRST APPOINTMENT OF

WHITELOCK TILL THE ADOPTION OF A NEW CREAT SEAL BEARING THE INSIGNIA

OF THE REPUBLIC.

Complaints against the two Speakers as Equity Judges, 37. Ordinance for appoint-
ing the Earl of Kent, Lord Grey de Werke, Whitelock, and Widdrington, Com-
missioners of Great Seal, 37. Reasons for writing Life of Lord Keeper White-

lock, 37. His Origin, 37. Education, 37. Called to Bar, 38. Circuit, 38. In-

troduction to Noy, the Attorney General, 38. Manager of Masque to the Queen,

39. Chairman of Quarter Sessions, 39. Takes popular Side, 39. His Modera-

tion, 39. Returned to Parliament, 40. His Maiden Speech, 40. One of the

Managers of Impeachment of Lord Strafford, 40. Whitelock doubts as to the

Side he ought to choose, 41. His Warning against Civil War, 41. Takes Arms

against the King, 41. He renounces Arms, 42. A Lay Member of the West-

minster Assembly, 42. Whitelock Commissioner at Oxford to treat with King,

42. Charge against him of intriguing with King, 43. Whitelock takes part

against Cromwell, 43. But succumbs to him, 44. Whitelock's professional Suc-

cess, 44. He refuses the office of Recorder of London, 44. He is appointed

Commissioner of Great Seal, 44. Whitelock's Statement of this Transaction,

44. Whitelock and Widdrington sworn in, 45, Whitelock's Address to Ser-

jeant Wilde when made Chief Baron of the Exchequer, 46. Whitelock's Ad-

dress on a Call of Serjeants, 47. Pride's Purge, 48. Conduct of Lords Com-

missioners, 49. Conference of Lords Commissioners with Cromwell, 49. The

King to be brought to Trial, 50. Arguments in favour of this Proceeding, 50.

Opposed by Whitelock, 50, Cromwell's Speech, 50. Resolution carried, 50,

The Lords Commissioners refuse to concur in the Trial of the King, 51. They

conceal themselves, 51. Ordinance for Grand Court of Justice to try the King,

51. Rejected by the Lords, 51. Commons vote that the Supreme Power was

exclusively in them, 52. New Great Seal with Republican Insignia ordered, 52.

Lords Commissioners refuse to sit in the High Court of Justice. 53. Difficulty

about adjourning the Courts in Westminster Hall pending the King's Trial, 53,

Proceedings in the Lords, 53. Messengers of the Lords refused Admittance by

the Commons, 54. The Commons vote the Lords useless, 54. Whitelock com-

pelled to draw an Ordinance for abolishing the Lords, 54. And an Ordinance for

abolishing the Office of King, 55, Great Seal with Royal Arms broken, 55.

Serjeant Widdrington refuses to serve as Lord Commissioner under new Gov-

ernment, 55. Trimming Conduct of Whitelock, 56. Major Lisle a Commis-

sioner of the Great Seal, 56. And Serjeant Keble, 56. Ordinance passes for

new Lords Commissioners, 56. Copy of Ordinance, 56. Preservation of Titles

in time of Commonwealth, 56, Speaker's Address to them, 57. Lord Commis-

sioner Whitelock's Answer, 57.

CHAPTER LXX.

LORDS KEEPERS FROM THE ADOPTION OF THE REPUBLICAN GREAT SEAL TILL CROM-

WELL BECAME "PROTECTOR."

Whitelock as Equity Judge, 58. Ordinance to make Forgery of Republican Great

Seal Treason, 58. Ceremony of approving the Lord Mayor, 58. Precedence of

Lord Commissioner Whitelock at Lord Mayor's Dinner, 59. Whitelock's Ad-

dress to the Republican Judges, 59. His Merit in preserving Books and Works

of Art, 59. His noble Defence of the Profession of the Law, 60. Law Reform

supported by Whitelock, 61. Whitelock discourages Cromwell's Assumption of

the Crown, 61. Conference before Dissolution of the Long Parliament, 62. New

"Council of State," 63. Barebones'Parliament, 63. Resolution for total and

immediate Abolition of the Court of Chancery, 64. Difficulties in the Plan, 64.

Bill to suspend all Proceedings in Chancery, 64. Bill to abolish the Court, 64.

End of Barebones' Parliament, 65. Whitelock goos on an Embassy to Sweden, 65-

CHAPTER LXXII.

LORDS KEEPERS DURING THE PROTECTORATE OF OLIVER CROMWELL.

Cromwell installed as Protector, 65. Whitelock acknowledges Cromwell as Pro-
tector, 66. Lord Protector delivers Great Seal to Commissioners, 66. Crorn-

well's second Parliament, 66. Abruptly dissolved, 67. Cromwell's Ordinance

for Reform of Chancery, 67. Lords Commissioners refuse to obey it, 67. Lords

Commissioners summoned before the Council, 68. They are dismissed, 68.

Great Seal committed to the Keeping of a Colonel and a Major, 68. History of

Lord Commissioner Colonel Fiennes, 68, Judicial Conduct of the Colonel and

the Major, 69. Political Conduct of the Lords Commissioners, 70. Cromwell's

third Parliament, 70. Act for excluding the Stuarts, 70. Offer of the Crown to

Cromwell, 71. New Form of Government under "Petition and Advice, 71.

Cromwell creates Peers, 72. Lord Protector opens Session, 72. Reasons of

Summons declared by Lord Commissioner, 73. Proceedings in the House of

Peers. 73. Refusal of Commons to recognise the House of Peers, 73. Crom-

well dissolves his third and last Parliament, 74. High Court of Justice estab-

lished, 74. Whitelock refuses to be made a Viscount, 75. Death of Cromwell,

75.

CHAPTER LXXII.

LORDS COMMISSIONERS OF THE GREAT SEAL FROM THE DEATH OF CROMWELL TILL

THE RESTORATION.

proclamation of Richard as Lord Protector, 75. Fiennes and Lisle confirmed as

Keepers of Great Seal, and Whitelock joined with them, 76. Opening of Par-

liament, 76. The three Commissioners of the Great Seal sit in the Upper House

as Peers, 76. Commons refuse to acknowledge them, 77. Parliament dissolved,

77. Lord Whitelock again in the House of Commons, 77. New Great Seal or-

dered by Rump, 77. Ordinance for new Great Seal, 77. Act for reforming

Court of Chancery, 78. Bradshaw, Terryll, and Fountain,rnew Commissioners

of Great Seal, 78. Oath administered to them, 78. Commission for hearing

Causes, 78. Rump again expelled, 79. Whitelock invited to join the Council

of Officers, 80. Whitelock sole Lord Keeper of the Great Seal, 80. He hears

Causes at Whitehall, 80, Proclamation for new Parliament, 81. Dialogue be-

tween Lord Keeper and a Military Officer on the Vices and Merits of Lawyers,

81. Project of Whitelock to carry the Great Seal to the King at Breda, 82.

Fleetwood consents to join in Restoration of Charles, 82. But is deterred, and

the Scheme is abandoned, 83. Its probable Consequences, 83. Lord Keeper is-

sues Writs for new Parliament. 83. Rump restored, 83. Alarm of Whitelock,

84. Whitelock sends the Great Seal to the Speaker, and conceals himself, 84.

His Treatment at the Restoration, 84. Charles II.'s Speech to Whitelock, 84.

Whitelock's Death, 85. His Character, 85. His writings, 86. His Sons, 86.

Great Seal in Custody of Speaker, 86. Delivered to Widdrington, Terryll, and

Fountain, 86. Act for dissolving Long Parliament, 87. Lords Commissioners

issue Writs for the Convention Parliament, 87. Lords elect Earl of Manchester

Speaker, 88. He is added as a Commissioner of the Creat Seal, 88. Difficulty

about use of Republican Great Seal, 89. Approach of King Charles II., 89. Re-

publican Great Seal broken, 89. Restoration, 89. Plan for adopting the Mosaic

Law, 90. Cromwell's rude Notions of Law Reform, 90. Enlightened Law Re-

formers under the Commonwealth, 91. Their Measures, 91. Parliamentary

Reform, 92. Cromwell appoints good Common-law Judges, 92. Equity ill-

administered during the Commonwealth, 92. Desire of Lenthall, Master of the

Rolls, to be a Peer, 93. Orders and Ordinances improving Chancery Practice,

94. Comparison between Republicans in England and in France, 94.

CHAPTER LXXIII.

LIFE OF LORD KEEPER HERBERT.

Reasons for writing Life of Lord Keeper Herbert, 95. Charles II.'s Great Seal,

95. Lost at Battle of Worcester, 95. New Great Seal in France, 95. Struggle

between Hyde and Herbert, 96. Herbert Lord Keeper, 96. His Birth, 96,

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