E 
DOMINI MDCXLI. 

Sir George Croke left behind him, amongst his contemporaries p, the 
general character of abilities, and deep learning in his profession, un- 
blemished integrity, sincere religion, and amiable manners : and the just- 
ness of their opinion is sufficiently evinced by the history of his life. In a 
turbulent period, when faction ran high, he was not considered as a par- 
tizan, but he supported the steady and unbiassed dignity which became a 
judicial situation. He lived in habits of friendship with many of the 
popular leaders, without approving of their republican principles, or 
abetting their violent proceedings. As he maintained the royal prerogative, 
as far as it was conformable to the laws of the country, although he 
decided those great constitutional points in favour of the liberty of the 
subject ; yet his not having been removed from his office, and the King's 
gracious answer to his petition for leave to retire, are proofs that he had 
not forfeited the favour of his Sovereign. He happily quitted the world 
before the scenes of confusion which followed ; had he lived, it is probable 
that, like Sir Matthew Hale, he would have continued to hold his com- 
mission, without acknowledging the authority of the usurpers ; since it 
was necessary that justice should be administered, whoever might be in 
possession of the government. 

The following character of him was written by Sir Harbottle Grimstone, 
his son-in-law ; whose personal acquaintance with him, and his own ex- 
perience as a lawyer, enabled him to discriminate his various excellencies. 

" He was of a most prompt invention and apprehension, which was 

p Wood's Hist. Univ. Ox. lib. ii. p. 42. before quoted in a note; Whitelocke; and every 
author by whom he is mentioned. His monument states his death in 1641. As it was in 
February, this, according to the new-stile, was in 1642. 
4 G 2 



596 SIR GEORGE CHOKE. 



BOOK IV. 



accompanied with a rare memory, by means whereof, and through his 
sedulous and indefatigable industry, he attained to a profound science and 
judgment in the laws of the land, and to a singular intelligence of the true 
reasons thereof, and principally in the forms of good pleading. He was 
of an universal and admirable experience in all other matters which con- 
cerned the Commonwealth. He heard patiently, and never spake but to 
purpose, and was always glad when matters were represented unto him 
truly and clearly; he had this discerning gift, to separate the truth of tin 
matter, from the mixture and affection of the deliverer, without giving the 
least offence, tie was resolute and stedfast for truth : and as he desired 
no employment for vain glory, so he refused none for fear ; and by his 
wisdom and courage in conscionably performing his charge, and care- 
fully discharging his conscience, and his modesty in sparingly speaking 
thereof, he was without envy, though not without true glory. To speak 
of his integrity and forbearing to take bribes, were a wrong to his virtue. 
In sum, what Tacitus saith of Julius Agricola, his wife's father, who 
was a Governor in our Britain, I may truly say of this Agricola^, our 
Reverend Judge, my wife's father, tempora eurarum, remissionumque 
divi.su ; ubi conventus ac Judicia poscerent, gravis, intentus, severus, et 
scepius miser icors : ubi officio satisfaction, nulla ultra potestatis persona : 
tristitiam, et arrogantiam, et avaritiam exuerat; nee illi, quod est raris- 
simuni, uut faciUtas auctoritatem, aut severitas amorem, deminuit. " That 
he well and discreetly divided the seasons of his affairs and vacations. 
In times of audience and judgment, he was grave, heedful, and austere, 
and yet merciful too. That duty performed, no face any more or shew 
of authority : severe and stately looks were laid apart in such sort, that 
neither his gentle and courteous behaviour weakened the reverence, nor 
his severity the love due to his person." He was of a strict life to him- 
self, yet in conversation full of sweet deportment and affable, tender and 
compassionate, seeing none in distress whom he was not ready to relieve ; 
nor did I ever behold him do any thing more willingly than when he gave 
alms : he was every way liberal, and cared for money no further than to 
illustrate his virtues : he was a man of great modesty, and of a most plain 
and single heart, of an ancient freedom and integrity of mind, esteeming 

11 Tiu^yoi. Taciti Agricola, sect. is. 



ch. vi. sec. i. SIR GEORGE CROKE. 597 

it more honest to offend, than to flatter, or hate. He was remarkable for 
hospitality, a great lover and much beloved of his country, wherein he was 
a blessed peace-maker, and in those times of conflagration was more tor 
the bucket than bellows, often pouring out the waters of his tears to 
quench those beginning flames which others did ventilate. In religion, he 
was devout towards God, reverent in the church, attentive at sermons, 
and constant in family duties. Whilst he lived, he was the example of 
the life of faith, love, and good works, to so many as were acquainted 
with his equal and even walkings in the ways of God, through the several 
turnings and occasions of his life', and he died full of commendation tor 
wisdom and piety ; and left such a stock of reputation behind him, as 
might kindle a generous emulation in strangers, and preserve a noble 
ambition in those of his name and family to perform actions worthy of 
their ancestors 8 . 

Of the following poem, I know not the author. I found it in manu- 
script amongst my papers. 

An Elegy on Judge George Croke. 
This was the Man, the Glory of the Gown, 
Just to himself, his Country, and the Crown, 
The Atlas of our Liberty, as high 
In his own Fame, as others' Infamy. 
Great by his Virtues, great by others' Crimes, 
The best of Judges in the worst of Times. 
He was the first who happily did sound 
Unfreedomed Loyalty, and felt the Ground. 
Yet happier to behold that dawning Ray, 
Shot from himself, become a perfect Day, 
To hear his Judgement so authentic grown, 
The Kingdom's voice the Echo to his own. 
Nor did he speak but live the Laws, although 
From his sage Mouth grave Oracles did flow. 
Who knew his Life, Maxims might thence derive, 
Such as the Law to Law itself might give. 
Who saw him on the Bench, would think the Name 
Of Friendship, or Affection, never came 

' Preface to Cro. Car. s Preface to Cro. Eliz. 



59S SIR GEORGE CROKE. book iv. 

Within his Thoughts. Who saw him thence, might know 

He never had, nor could deserve, a Foe. 

Only assuming Rigour with his Gown, 

And, with his Purple, laid his Rigour down. 

Him nor Respect, nor Disrespect, could move, 

He knew no Anger, and his Place no Love. 

So mixt the Strain of all his Actions ran, 

So much a Judge, so much a Gentleman. 

Who durst be just, when Justice was a Crime, 

Yet durst no more, in so unjust a Time. 

Nor hurried by the highest Mover's Force, 

Against his proper, and resolved, Course; 

But when our World did turn, so kept his Ground, 

Ho seemed the axe on which the Wheel went round. 

Whose Zeal was warm, when all to Ice did turn, 

Yet was but warm, when all the Word did burn. 

The reports of cases, decided in the different tribunals, are the reposi- 
tories of the common law, and of the interpretation of the statutes. 
After the year books, no public officers were appointed to perform the 
duty of reporting, but it was left to the industry of individuals. From 
his earliest attendance in Westminster Hall, Sir George Croke had taken 
a regular series of notes of cases which were adjudged in the Courts of 
King's Bench, and Common Pleas, during the whole time that he fre- 
quented them as a student, or advocate, or presided in them as a Judge, 
He began when he was about twenty-four years old, and continued them 
till within a year or two of his death. They were bequeathed by him, 
with the principal part of his library, to his son-in-law, Sir Harbottle 
Grimston, who published them, having been brought up, as he says of 
himself, at the feet of this Gamaliel. They were written in a very small, 
close, and intricate hand, and in the old Norman, or French, language, 
which eustom had rendered more familiar ana expressive to the old lawyers 
than their native tongue ; but they were published by Sir Harbottle in 
English, contrary to his own opinion, by the injunction of some persons of 
authority. In regard they were too bulky to be comprised in one volume , 
he divided them into three parts, according to the reigns of the three 
princes, in which the decisions took place. And in consequence of tin- 
advice of Lord Coke to students, " that they should read the later 



ch. vi. sec. i. SIR GEORGE CROKE. 



■ >>.»[' 



" reports first" and that he might vouch the principal persons in the 
profession then living, for their correctness and candour, he began with the 
publication of the last part, those cases which occurred during the reign of 
King Charles the First, when he was Judge as well as Reporter. This 
first volume, or part, was printed, with the approbation of the Judges, in 
the year 1657 ; and, by the authority of the Parliament, a monopoly was 
granted to Sir Harbottle for the sole publishing of it*. There was a 
squabble between some printers respecting it, which was published and 
printed on one side of a sheet of paper". A long preface is prefixed, 
giving an account of the work, and an history of the author and his family. 
The second part, of cases during the reign of King James, came out in 
1659 ; and the first part, of the reign of Queen Elizabeth, in 1661 ; 
which is dedicated by Sir Harbottle Grimston to King Charles the 
Second, with all those expressions of an ardent affection, which subsisted 
between Charles and his subjects, in the early days of his restoration. 
The reports themselves begin about the time when those of Sir James 
Dyer end, and comprehend a series of cases adjudged during a period of 
near sixty years, from the twenty-fourth year of Queen Elizabeth, 1582, 
to the sixteenth of Charles the First, 1640 ; an extraordinary length of 
time for the exertions of one man. They contain an immense mass of 
law, of the highest authority, with a regular journal of all the changes 
which took place in the principal department of the profession, and an in- 
teresting account of the legal formalities and ceremonies used in the cre- 
ation of Serjeants, Judges, and other high officers ; and of many of the 
usages and rights of the common law. The method used is likewise ex- 
cellent. They are not swelled out with the pleadings and arguments at 
large, but each case is shortly stated, according to the points discussed and 
adjudged ; the reasons are plainly and succinctly stated ; and a happy me- 
dium is observed between a wearisome diffuseness, and an imperfect 
brevity. 

I have a portrait of him, a three-quarters length, in his dress as a Judge, 
with the coif. His left hand leans on a table covered with a green cloth, 

1 It is amongst the King's folio pamphlets in the British Museum, No. 13. See the 
Appendix, No. XXIX. 

" Journals, House of Com. 9 June, 1657, page 551. order signet! Hen. Scobel, at the end 
of Cro. Car 



600 SIR GEORGE CROKE. book iv. 

and there is a curtain behind him of the same colour. There is written on 
it, aetatis 66, anno domini 1626. I have likewise another picture, appa- 
rently a copy from the other. Mr. Pennant mentions that he saw at 
Gorhambury, the seat of Lord Grimston, near Saint Alban's, a portrait of 
Sir George Croke, a half length in his robes, and another of his lady in 
black, with a lawn ruff 1 , but, on examination, I found it to be a copy of 
his mother's picture, Elizabeth Unton. 

There is a small oval head of him, engraved by Hollar"; another larger 
by Robert Vaughan, which is prefixed to his Reports, with this inscription 
Vera e/figies Georgii Croke Equitis a/irati et utriusque Banci Justicia- 
rius, temp. Car. Reg. Ut vultus hominum, ita simulacra vultus; quce 
marmore, out cere jinguntur, imbecilla, ac mortalia sunt. Forma mentis 
ceterna; quam tenere et exprimere, non per alienam materiam, et artem, 
sed tuis ipse moribus possis % . Granger* mentions two others, by Gay- 
wood, and R. White, but I have never seen them. 

His buildings, the chapel and the alms-house, still remain at Studley. His 
coat of arms, dated 1622, is carved in stone, over the porch of the mansion, 
impaled with Bennet, that of his wife, viz. gules, a bezant between three 
derni lions rampant, argent, langued azure, with a mullet, to denote his 
being a third son. The same arms, in painted glass, are in the old with- 
drawing room, with the two crests, that of Bennet being out of a mural 
coronet, or, a lion's head gules, charged with a bezant on the neck. The 
same arms are in the chapel, and two of the bed rooms. 

Sir George Croke left two wills ; the first, relating principally to his 
real, the second to his personal property. The first is dated the 25th of 
May, 1639, and is to the following effect 11 : He desires to be buried after a 
Christian's manner of burial, without any unnecessary ceremonies, or 
charges, especially of hearse, heralds, or offerings. He left an annuity of 
£20 to his brother William Croke, to be paid by his wife, and others, out 
of Easingdon, and £§0 a year, as before limited, to the alms-house, and 
chaplain. He bequeathed Studley to his conusees and grantees, under a 

' Pennant's Journey from Chester, and he quotes Lloyd, ii. 2fi7? " The original plate 

of Hollar is in the Bodleian Library ; and, by the favour of the Vice-Chancellor and the other 
Curators, I have been permitted to have some impressions taken off' for this work. * Ta- 
cit, in vita Jul. Agricolae Socrei sui, sec. 46. y Biographical Dictionary. * The 
original is in the possession of William Henry Ashhurst, Esq. of Waterstock. 



ch. vi. sec. i. SIR GEORGE CROKE. 601 

fine before levied, to the use of his son Thomas for life, then to the conu- 
sees for ninety-nine years, then to the heirs of the body of his son Thomas 
by any other wife that he might have other than Anne his now wife; with 
liberty to Thomas, with the assent of his mother, and of any two others of 
his executors, to limit all or any part of Studley to any his wife that he 
hath, or shall have, for term of her life for a jointure; then to his conu- 
sees during the ninety-nine years, and afterwards to the use of such chil- 
dren of Thomas, and the heirs of their bodies, as his son, by the assent of 
his mother, and two executors, shall appoint ; and for default of such ap- 
pointment, then after his decease, to such of the children of Thomas, and