Henry Yelverton (attorney-general)
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Sir Henry Yelverton (29 June, 1566 – 24 January, 1630) was an English lawyer, politician, and judge.


Early life

The eldest son of Sir Christopher Yelverton and his wife Margaret Catesby, Henry Yelverton was born on 29 June 1566, most likely at Easton-Mauduit, his father's house in
Northamptonshire Northamptonshire (; abbreviated Northants.) is a county in the East Midlands of England. In 2015, it had a population of 723,000. The county is administered by two unitary authorities: North Northamptonshire and West Northamptonshire. It is ...
. He became a barrister on 25 April 1593 and an ancient on 25 May of the same year. He was reader in 1607.


Career

In 1597, 1604 and 1614 Yelverton was elected to Parliament for the
borough of Northampton Northampton () is a market town and civil parish in the East Midlands of England, on the River Nene, north-west of London and south-east of Birmingham. The county town of Northamptonshire, Northampton is one of the largest towns in England; ...
. On 30 March 1604, when
Sir Francis Goodwin Sir Francis Goodwin (1564–10 August 1634) was an English politician who sat in the House of Commons at various times between 1586 and 1626. Goodwin was the son of Sir John Goodwin and his second wife Anne Spencer, daughter of Sir William Spence ...
's case was before the house, he argued for allowing Goodwin to take his seat in the teeth of the support given by the king to his rejection by chancery. On 5 April, when James had issued his orders, Yelverton was frightened, and argued that the prince's command was like a thunderbolt or the roaring of a lion. In the session of 1606–7 he was again in trouble, attacking
George Home, 1st Earl of Dunbar George Home, 1st Earl of Dunbar, KG, PC (ca. 155620 January 1611) was, in the last decade of his life, the most prominent and most influential Scotsman in England. His work lay in the King's Household and in the control of the State Affairs of ...
, the king's Scottish
favourite A favourite (British English) or favorite (American English) was the intimate companion of a ruler or other important person. In post-classical and early-modern Europe, among other times and places, the term was used of individuals delegated s ...
, and generally criticising the bills brought in for effecting a partial union with Scotland, while he fell under
Francis Bacon Francis Bacon, 1st Viscount St Alban (; 22 January 1561 – 9 April 1626), also known as Lord Verulam, was an English philosopher and statesman who served as Attorney General and Lord Chancellor of England. Bacon led the advancement of both ...
's suspicion as having had a hand in a book published by the puritan lawyer
Nicholas Fuller Nicholas Fuller (c. 1557 – 1626) was an English Hebraist and philologist. Life The son of Robert Fuller by his wife Catharine Cresset, he was a native of Hampshire, and was born about 1557. He was sent to schools at Southampton, kept by Joh ...
. On the other hand, he did not argue against the king's wishes in
Calvin's Case ''Calvin's Case'' (1608), 77 ER 377, (1608) Co Rep 1a, also known as the ''Case of the Postnati'', was a 1608 English legal decision establishing that a child born in Scotland, after the Union of the Crowns under King James VI and I in 1603, wa ...
. Yelverton made efforts to regain the king's favour. A Mr Dummond, perhaps the courtier John Drummond of Hawthornden, advised him to enlist the help
Arbella Stuart Lady Arbella Stuart (also Arabella, or Stewart; 1575 – 25 September 1615) was an English noblewoman who was considered a possible successor to Queen Elizabeth I of England. During the reign of King James VI and I (her first cousin), she marri ...
to gain the support of the Scottish Chancellor,
Alexander Seton, 1st Earl of Dunfermline Alexander Seton, 1st Earl of Dunfermline (1555–1622) was a Scottish lawyer, judge and politician. He served as Lord President of the Court of Session from 1598 to 1604, Lord Chancellor of Scotland from 1604 to 1622 and as a Lord High Commiss ...
. Seton presented Yelverton's petition to King James during his progress at Hinchingbrooke. Before the session of 1610, he sought an interview with the Earl of Dunbar, and ultimately was admitted by the king to an audience, in which he explained away the words that had given offence.John Nichols, ''Progresses of James the First'', vol. 4 (London, 1828), p. 1079
James Cumming, 'Henry Yel;verton his narrative', ''Archaeologia'', 15 (London, 1806), pp. 27-52
/ref> On 23 June, 1610, he asserted that the law of England extended only to the low-water mark, and the king might therefore restrain all goods at sea from approaching the shore, and therefore only allow their being landed on payment of a duty. In 1613, Bacon spoke of Yelverton as having been won to the side of the Crown, and on 28 October of the same year he succeeded Bacon as solicitor-general. He was knighted on 8 November, perhaps through the good word of the king's
favourite A favourite (British English) or favorite (American English) was the intimate companion of a ruler or other important person. In post-classical and early-modern Europe, among other times and places, the term was used of individuals delegated s ...
, Rochester, shortly afterwards
Robert Carr, 1st Earl of Somerset Robert Carr, 1st Earl of Somerset (c. 158717 July 1645), was a politician, and favourite of King James VI and I. Background Robert Kerr was born in Wrington, Somerset, England, the younger son of Sir Thomas Kerr (Carr) of Ferniehurst, Sco ...
. In 1614, Yelverton again took his seat as member for Northampton in the
Addled parliament The Parliament of 1614 was the second Parliament of England of the reign of James VI and I, which sat between 5 April and 7 June 1614. Lasting only two months and two days, it saw no bills pass and was not even regarded as a Parliament by its c ...
. On 19 January 1615 he took an official part in the examination of
Edmond Peacham Edmond is a given name related to Edmund. Persons named Edmond include: * Edmond Canaple (1797–1876), French politician * Edmond Chehade (born 1993), Lebanese footballer * Edmond Conn (1914–1998), American farmer, businessman, and politic ...
under torture. About the same time he joined in signing a certificate in favour of the chancery in the conflict with
Sir Edward Coke ''Sir'' is a formal honorific address in English for men, derived from Sire in the High Middle Ages. Both are derived from the old French "Sieur" (Lord), brought to England by the French-speaking Normans, and which now exist in French only as ...
on the question of '' praemunire''. On Bacon's acceptance of the great seal, in 1617, James announced that Yelverton should succeed him as
attorney-general In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...
. For some time, however, George Villiers, 1st Duke of Buckingham obstructed him as a creature of the Howard family. Yelverton refused to apply to Buckingham, who sent for him; Yelverton expressed a hope that Buckingham would have no reason to complain of him, and had the warrant duly signed. In the dispute between Coke and Buckingham about the marriage of the daughter of the former, Yelverton acted the part of mediator, and it was to his charge that Frances Coke was committed. Later on he gave confidential information to Bacon on the feeling of Buckingham towards him, and pleaded the lord-keeper's cause at court with success. He lost his position as attorney-general for his handling of an attack on monopolies. In April 1617, he was employed, at Buckingham's insistence, in taking legal proceedings against the opponents of the patent for gold and silver thread; but he refused to take the step of committing those persons to prison without first consulting the king. In 1618, however, he concurred with Bacon and Montague in advising that the infringers of the patent should be prosecuted in the
Star-chamber The Star Chamber (Latin: ''Camera stellata'') was an English court that sat at the royal Palace of Westminster, from the late to the mid-17th century (c. 1641), and was composed of Privy Counsellors and common-law judges, to supplement the judic ...
. Becoming himself one of the commissioners on 22 April 1618, he was subsequently placed on another commission issued on 20 October authorising means to be taken for the punishment of offenders, and in 1619, the silkmen having refused to give a bond to abstain from the manufacture, he committed some of them to the Fleet prison; but being unwilling to bear the responsibility, announced his intention of releasing them unless Bacon would support him. On 16 June, 1620, Bacon and others recommended that, in spite of Yelverton's acknowledgment of error, he should be tried in the Star-chamber on the ground of having officially passed a charter to the city of London containing unauthorised provisions, and on 27 June he was suspended from his office. On 27 October, Yelverton more expressly acknowledged his offence in the Star-chamber; but this was again held insufficient, and on 10 November he was sentenced to imprisonment in the
Tower of London The Tower of London, officially His Majesty's Royal Palace and Fortress of the Tower of London, is a historic castle on the north bank of the River Thames in central London. It lies within the London Borough of Tower Hamlets, which is sep ...
during pleasure, fined, and dismissed from his place if the king approved. The king appointed Yelverton's successor in the attorney-generalship on 11 January, 1621. If Yelverton gave offence to the court by his hesitation in defending the monopolies, he also gave offence to those who attacked the monopolies by defending them at all. On 18 April, 1621, he was fetched from the Tower to answer charges brought against him in the House of Lords, where he stated in the course of his defence that his sufferings were, in his opinion, due to circumstances connected with the patent for inns. At this James took offence, and on the 24th invited the peers to defend him against Yelverton's insinuations. On the 30th Yelverton, being called for his defence, turned fiercely upon Buckingham, charging him with using his influence with the king against him.


Later life

On 16 May, the lords sentenced Yelverton to imprisonment, to make his submission to the king and Buckingham, and to pay to Buckingham five thousand marks, as well as ten thousand to the king. Buckingham at once refused to accept the money, while James was content with this vindication of himself and his
favourite A favourite (British English) or favorite (American English) was the intimate companion of a ruler or other important person. In post-classical and early-modern Europe, among other times and places, the term was used of individuals delegated s ...
. Yelverton was accordingly set at liberty in July. On 10 May 1625, soon after Charles I's accession, he was promoted to the bench as a fifth judge of the
court of common pleas A court of common pleas is a common kind of court structure found in various common law jurisdictions. The form originated with the Court of Common Pleas at Westminster, which was created to permit individuals to press civil grievances against one ...
. In this post he remained till his death on 24 January, 1630. He was buried at Easton-Mauduit.


Personal life

Yelverton married Mary, daughter of Robert Beale. His son and heir, Christopher, was knighted in 1623, was created a baronet in 1641, and died on 4 December 1654.


See also

*
Attorney General for England and Wales His Majesty's Attorney General for England and Wales is one of the law officers of the Crown and the principal legal adviser to sovereign and Government in affairs pertaining to England and Wales. The attorney general maintains the Attorney G ...


References

* {{DEFAULTSORT:Yelverton, Henry 1566 births 1629 deaths 17th-century English judges English lawyers English MPs 1597–1598 English MPs 1604–1611 English MPs 1614 Justices of the Common Pleas People from North Northamptonshire 16th-century English judges 16th-century English lawyers