Bulstrode Whitelocke and Early Interregnum Chancery Reform

Abstract

Reform of the law and the courts, especially the Court of Chancery, has been one of the most active areas of interest among historians concerned with the Interregnum period of English history. However, the authors on law reform have relied primarily upon the plethora of pamphlet literature and other printed materials which have led them to conclude that the legal profession obstructed reform of the law to protect its vested interests in offices and fees. Bulstrode Whitelocke, one of the lords commissioners of the great seal (the Chancery judges of the Interregnum) from 1649 to 1655, has long served historians as an example of the legal profession's refusal to assist or to cooperate in any meaningful reformation of the law or equity. Recently, Donald Veall, David Underdown, and Blair Worden have again laid the failure of reform at the door of the lawyers and judges who sat in the Rump, on commissions of law reform, and in the Protectorate parliaments. They have also assigned to Whitelocke a major responsibility for the defeat of law reform in the Rump, both before and after the Hale Commission's comprehensive plan of reform in January 1653, and in the first Protectorate Parliament in 1654. They believe, despite Whitelock's fervor for professional standards and his mild reforming tendencies, that he represented the major hurdle for any successful reform in law or equity.