ed into another room, and having agreed on such a declaration as they thought might best tend to a pacific issue of the negotiation, Whitelock wrote it out in a feigned hand and left it on a table, where Charles soon found it. This had been perceived by the Lord Saville, one of the King's attendants, who shortly afterwards revolted to the parliament. He, joining the Presbyterian party, who were eager to get rid of Holles and Whitelock, accused them to the House of being well affected to the King, and of having secretly corresponded with him during their residence at Oxford. The charge was referred to a select commitiee, who, after a long inquiry, reported in favour of the accused, being mainly influenced by the bad character of the accuser. "Thus ended this knotty and malicious prosecution in the honourable discharge of those two great men. Mr. Whitelock absented himself from the House when they came to give judgment. It was observed that most if not all the gentlemen of the best interest and quality in the House were for acquitting of them, and that it had never been known in any affair before that held so many days that the young gentlemen and others were wont, whatever business was in agitation, to go out to dinner or to some refreshments and diversions, should attend so constantly at the time that business was in debate, and not stir from it."* [1643-1647.] Whitelock, although he never deserted his political associates, seems to have talked of them very freely, even to their opponents. Clarendon asserts positively, that both during the negotiations at Oxford, and at the treaty of Uxbridge in the following year, where also Whitelock was one of the parliamentary Commissioners, and was in daily intercourse with the King's Commissioners, whom he had formerly familiarly known, he used with them his old openness, and professed his detestation of all the proceedings of the parliamentarians, yet could not leave them." In the struggle which soon arose between the early leaders of the popular party and him who was now striving to supersede them, and to get all power into his own hands, Whitelock long strenuously opposed the plan, which he detested, for the establishment of a military government. He spoke and voted against "the self-denying ordinance" as a device, not only to put down the Presbyterian sect, whom he still disliked, but to strip all civil functionaries of office and of influence. Nevertheless, ever a timid and time-serving politician, he would not quarrel with Cromwell; and when consulted by the Lord General Essex and his * Life of Whitelock, p. 51. This passage shows us that even when the house met at eight in the morning, and in the fervour of the Long Parliament, dinner caused a serious interruption to the proceedings of the legislature. The hour of twelve approaching, "the young gentlemen and others" disappeared, and the House was deserted Whether the system of pairing had then began I do not find, but in all probability a Presbyterian and an Independent, differing on every thing else, often came to an understanding that they should go out together to din ner at the ordinary. friends, whether the leader of the Independents might not be proceeded against as an Incendiary," he advised them to wait for better proofs before they ventured to attack a person of such quick and subtle parts, and who had secured such an interest in the House of Commons. When Cromwell's ascendancy had been established, Whitelock completely succumbed, being desirous of doing as much good as he could for his country and for himself under the domination which he had mildly attempted to prevent. Cromwell now treated him with consideration and kindness, and defeated a plan of his enemies to get rid of him, by sending him "Lord Justice into Ireland," saying "he was against his going away," and desiring his company, began to use his advice in the administration of civil affairs. Whitelock, while he did his duty in parliament, attended zealously to his profession. The civil war being over, the practice of the law was very flourishing, and he not only was the favourite leader of the Oxford circuit, but had the first business in Westminster Hall. In September, 1647, the offer was made to him of being elected Recorder of the City of London; but he declined the appointment, as he thought it might interfere with the great object of his ambition, which was to preside in the Court of Chancery. We have seen how, in March 1648, he was, by an ordinance of the two Houses, named Lord Commissioner of the Great Seal, along with the Earl of Kent, Lord Grey de Werke, and Sir Thomas Widdrington. The following is his own modest account of this transaction : "These Commissioners were said to be agreed upon by the private junto of Cromwell's party beforehand to be trusted with this great charge; and in the debate of the business, several others of both Houses were propounded; but, after a great debate, these three only were pitched upon. The Earl of Kent, being a very honest just man, of good rational parts and abilities, and of an ancient great family, who would be a countenance to this business, was held a fit person for the Lords' House. "Sir Thomas Widdrington, being a gentleman of known integrity, and of great abilities in his profession, and brother-in-law to the General, whose sister he had married, was very fit to be one of the House of Commons to be intrusted with so weighty an employment. I was less considerable than the other in all respects, yet was well known and understood in the House by my long attendance there, and by them judged not incapable of this employment. Besides, the General had an affection for me, and he had a good interest in the House, and Cromwell and his party were willing to engage me as far as they could with them. "I can truly say I never heard of this business beforehand, nor was in the least privy to it or acquainted with it; but God was pleased so to order it, not my ambition that sought or contrived it, for I may be believed on much experience, that such employments are not desirable by a prudent and quiet spirit; they seldom afford quiet, never safety. I was at this time on the circuit in great practice, wherein none of my profession had a greater share than myself, and at Gloucester received this unexpected news. The counsel, the officers, and the attorneys, with great respect and much civility, wished me joy of that honourable employment. I sent to my friends of the House to know if my present attendance was expected by the House; but that without a special summons I did not intend to return to London till after the circuit should be ended, where I was engaged in many men's businesses."* Serjeant Widdrington was at this time likewise upon his circuit, and it was ordained "that, till the beginning of the next term, the Lords Kent and Grey should be empowered to seal all commissions and writs." The two noble Commissioners were accordingly both sworn in forthwith in the presence of both Houses. Although the King was now in solitary confinement in Carisbrook Castle, allowed to see no one but the decrepid old man who kindled his fire," and "the vote of non-addresses" had passed, by which the House of Commons had resolved that they would have no farther communication with him, and that if any other persons did so, without leave, they should be subject to the penalties of high treason,―the Earl of Kent and Lord Grey began with swallowing the old oaths of "allegiance and supremacy," and having farther taken the oath of office, and the oath under the triennial act, the Earl of Manchester, Speaker of the House of Lords, surrendered the great Seal into their hands.† On the first day of Easter term, Whitelock and Widdrington having returned from the circuit, were sworn in with the same solemnity, and the four Lords Commissioners went in procession from the House of Lords to the Court of Chancery, in Westminster Hall, having the Great Seal carried before them. A salary of 10007. a year was voted to each of them, to be paid out of the revenue of the customs, in full of all pensions, fees, wages, and allowances from the Crown.§ A few days after they had been installed, the Lords Commissioners went into the Court of Exchequer, and having taken their seats on the bench, with the Barons [MAY, 1648.] on each hand of them, a great many lawyers and others standing round, they swore in Mr. Serjeant Wilde to be Chief Baron.]] * Mem. 293. † Lords' Journ. x. 116, 117. ‡ Whitl. 300. § Com. Jour. v. 528. Whitelock says he was a loser by his elevation, as his professional income had amounted to 2000l. a year. At this time there was great promotion in the law by order of the two Houses on the recommendation of the Lords Commissioners; Serjeant Rolle being made Lord Chief Justice of the King's Bench; Jermyn and Browne, puisne Judges of Lord Commissioner Whitelock appears always to have taken the lead, and he now thus began his address to the new Judge: "Mr. Serjeant Wilde, The Lords and Commons in parliament, taking notice of the great inconveniency in the course of justice for want of the ancient and usual number of Judges in each of the high Courts of Westminster, whereby is occasioned delay, and both suitors and others are the less satisfied, and desirous and careful that justice may be administered more majorum, equal rights done to all men according to the custom of England; they have resolved to fill up the benches with persons of approved fidelity and affection to the public, and of piety, learning, and integrity; and having found by long experience among themselves, that you, Mr. Serjeant Wilde, are a person thus qualified, and very well deserving from the Commonwealth, they have thought fit to place you in one of the highest seats of judicature, and have ordained you to be Lord Chief Baron of this Court. The freedom of this choice, without seeking or other means of promotion, this public consent for your preferment, cannot but bring much satisfaction to your own conscience, and encouragement to your endeavours, against all burdens and difficulties which attend so great and weighty an employment." He then proceeds at enormous length to dilate upon the antiquity of the Court of Exchequer, and the dignity and duty of the Chief Baron. On this last topic he says, "The life of a Judge is militia quædam, if not martyrium quoddam, in both which courage is requisite against the assaults, of friends of family, of servants, and the many importunities and temptations which he shall meet withal: and a martyr he must be in bearing provocations, censures, scandals, and reproaches, which will be cast upon every Judge; one party being always displeased, and not sparing, especially in these times, to censure the judgment, be it never so upright. He must want no courage to resist even the highest and greatest powers." He concludes with a warning which one might have hoped would have been unnecessary for the republican Judge. Hate covetousness, which embraceth bribery. Bribery doth blind the eyes of the wise and pervert judgment. How odious this was to the people of Rome, appears by the oration of Piso, in the senate, mentioned in Tacitus; and in our nation, by the great examples of Justice upon corrupt Judges, as in Edward I.'s time, when the Lord Chief Baron, among others, was ransomed at 30,000 marks, which in our account at this day is 10,000l." He softens all however by the quotation— "Qui monet ut facias quod jam facis, ille monendo The same term there was a still more elaborate display of his that Court; Solicitor General St. John, Chief Justice of the Common Pleas ; Beddingfield and Cresswell, puisne Judges of that Court; Serjeant Wilde, Chief Baron of the Exchequer; and Gates a puisne Baron. learning and eloquence on a "call of Serjeants," in which Lord Commissioner Whitelock was himself included. The new Seijeants having presented themselves at the bar, he thus addressed them" It hath pleased the parliament in commanding these writs to issue forth, to manifest their constant resolution to maintain the old settled form of government and laws of the kingdom, and to manifest their respect for the profession of the law, and to bestow a particular mark of favour upon you as eminent members of it." He then proposes to discourse on the antiquity and dignity of “the order of the Coif," stating many reasons for undertaking the task,—more especially "his own affection to the degree, he being himself the son of a Serjeant, and having the honour to be one of their number in this call, and acknowledging that both in his descent and fortune he was a great debtor to the law.” He is particularly indignant when he comes to wipe off an aspersion cast upon the Serjeants by a libellous author, that formerly they publicly plied for business, each having a stand which was against one of the pillars in St. Paul's Cathedral,-" that they kept their pillars at Paul's where their clients might find them,—as if they did little better than emendicare panem.' He explains this by the custom, upon a call, of every one of them being brought to a pillar in Paul's, and there left for a time for private devotion: " Oui English poet Chaucer (whom I think not improper to cite, being one of the greatest clerks and wits of his time) had a better opinion of the state of a Serjeant, as he expresseth in his prologue of The Serjeant': "A serjeant at law, wary and wise, That oft had been at the Pervise, There was also, full of rich excellence, "And in his description of the Franklin he saith of him: "At Session there was he Lord and Sire, "Brook saith that Serviens ad legem est nosme de dignite comme chevalier; and it is character indelibilis, no accession of honour, or office, or remotion from them takes away this dignity, but he remains a Serjeant still. Their robes and officers, their bounty in * The Commissioners of the Great Seal having sat in the Court of Chancery hearing motions till past two o'clock, the new Serjeants presented themselves in their party-coloured robes with gentlemen of the Inns of Court. Then came the Judges of the King's Bench, and the Commissioners and Judges went into the Court of Common Pleas, where they took their places on the Bench. When the new Serjeants had counted,-their Colts delivered rings-first to the Earl of Keni, then to Lord Grey, next to Lord Commissioner Whitelock, then to the Chief Justice, and the other Judges according to their rank.—Whit. Mem. 356. † N. B. They were now deliberating about the King's trial,-to be followed by the suppression of the House of Lords and abolition of monarchy. + Serjeant. § An ancient title of nobility. |