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writing. I know these things are majora quam pro fortuna: but they are minora quam pro studio et voluntate. I assure myself, your Majesty taketh not me for one of a busy nature; for my state being free from all difficulties, and I having such a large field for contemplations, as I have partly, and shall much more make manifest to your Majesty and the world, to occupy my thoughts, nothing could make me active but love and affection. So praying my God to bless and favour your person and estate, &c.
TO THE KING.
IT MAY PLEASE Yyour excellent MAJESTY,
I HAVE, with all possible diligence since your Majesty's progress, attended the service committed to the sub-commissioners, touching the repair and improvement of your Majesty's means: and this I have done, not only in meeting, and conference, and debate with the rest; but also by my several and private meditation and inquiry. So that, besides joint account, which we shall give to the lords, I hope I shall be able to give your Majesty somewhat ex proprio. For as no man loveth better consulere in commune than I do; neither am I of those fine ones, that use to keep back any thing, wherein they think they may win credit apart, and so make the consultation almost inutile. So nevertheless, in cases, where matters shall fall in upon the bye, perhaps of no less worth than that, which is the proper subject of the consultation; or where I find things passed over too slightly, or in cases where that, which I should advise, is of that nature, as I hold it not fit to be communicated to all those with whom I am joined; these parts of business I put to my private account; not because I would be officious, (though I profess I would do works of supererogation, if I could,) but in a true discretion and caution. And your Majesty had some taste in those notes, which I gave you for the wards, (which it pleased you to say were no tricks nor novelties, but true passages of business,) that mine own particular remembrances and observations are not like to be unprofitable. Concerning which notes for the wards, though I might say, sic vos non vobis; yet let that pass.
I have also considered fully of that great proposition, which your Majesty commended to my care and study, touching the conversion of your revenue of land into a multiplied present revenue of rent: wherein I say, I have considered of the means and course to be taken, of the assurance, of the rates, of the exceptions, and of the arguments for and against it. For though the project itself be as old as I can remember, and falleth under every man's capacity; yet the dispute and manage of it asketh a great deal of consideration and judgment; projects being like Æsop's tongues, the best meat and the worst, but which drew from him devices and remonstrances still extant, which that king, not being very ready to profit by, conceived some resentment against his old servant, and even reained it against his memory.
Harl. MSS. Vol. 1893. fol. 75. It seems to me no im
as they are chosen and handled. But surely, ubi deficiunt remedia ordinaria, recurrendum est ad extraordinaria. Of this also I am ready to give your Majesty an account.
Generally upon this subject of the repair of your Majesty's means, I beseech your Majesty to give me leave to make this judgment, that your Majesty's recovery must be by the medicines of the Galenists and Arabians, and not of the Chemists or Paracelsians. For it will not be wrought by any one fine extract, or strong water; but by a skilful company of a number of ingredients, and those by just weight and proportion, and that of some simples, which perhaps of themselves, or in over-great quantity, were little better than poisons; but mixed, and broken, and in just quantity, are full of virtue. And secondly, that as your Majesty's growing behind-hand hath been work of time; so must likewise be your Majesty's coming forth and making even. Not but I wish it were by all good and fit means accelerated; but that I foresee, that if your Majesty shall propound to yourself to do it per saltum, it can hardly be without accidents of prejudice to your honour, safety, or profit.
My letter to the KING, touching his estate in general, September 18th, 1612.
IN HENRICUM PRINCIPEM WALLIÆ ELOGIUM FRANCISCI BACONI.*
HENRICUS primogenitus regis Magnæ Britanniæ, princeps Wallia, antea spe beatus, nunc memoria felix, diem suum obiit 6 Novemb. anno 1612. Is magno totius regni luctu et desiderio extinctus est, utpote adolescens, qui animos hominum nec offendisset nec satiasset. Excitaverat autem propter bonam indolem multiplices apud plurimos omnium ordinum spes, nec ob brevitatem vitæ frustraverat. Illud imprimis accessit, quod in causa religionis firmus vulgo habebatur: prudentioribus quoque hoc animo penitus insederat, adversus insidias conjurationum, cui malo ætas nostra vix remedium reperit, patri eum instar præsidii et scuti fuisse, adeo ut et religionis et regis apud populum amor in eum redundaret, et in æstimationem jacturæ merito annumeraretur. Erat corpore validus et erectus, statura mediocri, decora membrorum compage, incessu regio, facie oblonga et in maciem inclinante, habitu plenior, vultu composito, oculorum motu magis sedato quam forti. Inerant quoque et in fronte severitatis signa, et in ore nonnihil fastus. Sed tamen si quis ultra exteriora illa penetraverat, et eum obsequi debito et sermone tempestivo deliniverat, utebatur eo benigno et facili, ut alius longe videretur colloquio quam aspectu, talisque prorsus erat, qui famam sui excitaret moribus dissimilem. Laudis et gloriæ fuit procul dubio appetens, et ad omnem speciem boni probable supposition, that this character was intended to be sent to Thuanus, in order to be inserted in his excellent history, if he should have continued it to the year 1612, whereas it reached only to 1607.
et auram decoris commovebatur; quod adolescenti pro virtutibus est. Nam et arma ei in honore erant ac viri militares; quin et ipse quiddam bellicum spirabat; et magnificentiæ operum, licet pecuniæ alioquin satis parcus, deditus erat: amator insuper antiquitatis et artium. Literis quoque plus honoris attribuit quam temporis. In moribus ejus nihil laudandum magis fuit, quam quod in omni genere officiorum probe institutus credebatur et congruus: filius regi patri mire obsequens, etiam reginam multo cultu demerebat, erga fratrem indulgens; sororem vero unice amabat, quam etiam, quantum potuit virilis forma ad eximiam virginalem pulchritudinem collata, referebat. Etiam magistri et educatores pueritiæ ejus, quod raro fieri solet, magna in gratia apud eum manserant. Sermone vero obsequii idem exactor et memor. Denique in quotidiano vitæ genere, et assignatione horarum ad singula vitæ munera, magis quam pro ætate constans atque ordinatus. Affectus ei inerant non nimium vehementes, et potius æquales quam magni. Etenim de rebus amatoriis mirum in illa ætate silentium, ut prorsus lubricum illud adolescentiæ suæ tempus in tanta fortuna, et valetudine satis prospera, absque aliqua insigni nota amorum transigeret. Nemo reperiebatur in aula ejus apud eum præpotens, aut in animo ejus validus quin et studia ipsa, quibus capiebatur maxime, potius tempora patiebantur quam excessus, et magis repetita erant per vices, quam quod extaret aliquod unum, quod reliqua superaret et compesceret, sive ea moderatio fuit, sive in natura non admodum præcoci, sed lente maturescente, non cernebantur adhuc quæ prævalitura erant. Ingenio certe pollebat, eratque et curiosus satis et capax, sed sermone tardior et tanquam impeditus: tamen si quis diligenter observaverat ea, quæ ab eo proferebantur, sive quæstionis vim obtinebant, sive sententiæ, ad rem omnino erant, et captum non vulgarem arguebant; ut in illa loquendi tarditate et raritate judicium ejus magis suspensum videretur et anxium, quam infirmum aut hebes. Interim audiendi miris modis patiens, etiam in negotiis, quæ in longitudinem porrigebantur; idque cum attentione et sine tædio, ut raro animo peregrinaretur aut fessa mente aliquid ageret, sed ad ea, quæ dicebantur, aut agebantur, animum adverteret atque applicaret; quod magnam ei, si vita suppetiisset, prudentiam spondebat. Certe in illius principis natura plurima erant obscura, neque judicio cujuspiam patefacienda, sed tempore, quod ei præreptum est. Attamen quæ apparebant, optima erant, quod famæ satis est. Mortuus est ætatis suæ anno decimo nono ex febri contumaci, quæ ubique a magnis et insulanis fere insolitis siccitatibus ac fervoribus orta per æstatem populariter grassabatur, sed raro funere; dein sub autumnum erat facta lethalior. Addidit fama atrocior, ut ille ait, erga dominantium exitus suspicionem veneni. Sed cum nulla ejus rei extarent indicia, præsertim in ventriculo, quod præcipue a veneno pati solet, is sermo cito evanuit.
Tacit. Annal. 1. iv. 11.
The following translation is an attempt, for the sake of the English reader, to give the sense of the original, without pretending to reach the force and conciseness of expression peculiar to the great writer as well as to the Roman language.
HENRY Prince of Wales, eldest son of the king of Great Britain, happy in the hopes conceived of him, and now happy in his memory, died on the 6th of Nov. 1612, to the extreme concern and regret of the whole kingdom, being a youth, who had neither offended nor satiated the minds of men. He had by the excellence of his disposition excited high expectations among great numbers of all ranks; nor had through the shortness of his life disappointed them. One capital circumstance added to these was the esteem, in which he was commonly held, of being firm to the cause of religion and men of the best judgment were fully persuaded, that his life was a great support and security to his father from the danger of conspiracies; an evil, against which our age has scarce found a remedy; so that the people's love of religion and the king overflowed to the prince: and this consideration deservedly heightened the sense of the loss of him. His person was strong and erect; his stature of a middle size; his limbs well made; his gait and deportment majestic; his face long and inclining to leanness; his habit of body full; his look grave, and the motion of his eyes rather composed than spirited. In his countenance were some marks of severity, and in his air some appearance of haughtiness. But whoever looked beyond these outward circumstances, and addressed and softened him with a due respect and seasonable discourse, found the prince to be gracious and easy ; so that he seemed wholly different in conversation from what he was in appearance, and in fact raised in others an opinion of himself very unlike what his manner would at first have suggested. He was unquestionably ambitious of commendation and glory, and was strongly affected by every appearance of what is good and honourable; which in a young man is to be considered as virtue. Arms and military men were highly valued by him; and he breathed himself something warlike. He was much devoted to the magnificence of buildings and works of all kinds, though in other respects rather frugal; and was a lover both of antiquity and arts. He showed his esteem of learning in general more by the countenance which he gave to it, than by the time which he spent in it. His conduct in respect of morals did him the utmost honour; for he was thought exact in the knowledge and practice of every duty. His obedience to the king his father was wonderfully strict and exemplary: towards the queen he behaved with the highest reverence: to his brother he was indulgent; and had an entire affection for his sister, whom he resembled in person as much as that of a young man could the beauty of a virgin. The instructors of his younger years (which rarely happens) continued high in his favour. conversation he both expected a proper decorum, and practised it. In the daily business of life, and the allotment of hours for the several offices of it, he
was more constant and regular than is usual at his age. His affections and passions were not strong, but rather equal than warm. With regard to that of love, there was a wonderful silence, considering his age, so that he passed that dangerous time of his youth, in the highest fortune, and in a vigorous state of health, without any remarkable imputation of gallantry. In his court no person was observed to have any ascendant over him, or strong interest with him and even the studies, with which he was most delighted, had rather proper times assigned them, than were indulged to excess, and were rather repeated in their turns, than that any one kind of them had the preference of, and controlled the rest: whether this arose from the moderation of his temper, and that in a genius not very forward, but ripening by slow degrees, it did not yet appear what would be the prevailing object of his inclination. He had certainly strong parts, and was endued with both curiosity and capacity; but in speech he was slow, and in some measure hesitating. But whoever diligently observed what fell from him either by way of question or remark, saw it to be full to the purpose, and expressive of no common genius. So that under that slowness and infrequency of discourse, his judgment had more the appearance of suspense and solicitude to determine rightly, than of weakness and want of apprehension. In the mean time he was wonderfully patient in hearing, even in business of the greatest length; and this with unwearied attention, so that his mind seldom wandered from the subject, or seemed fatigued, but he applied himself wholly to what was said or done: which (if his life had been lengthened) promised a very superior degree of prudence. There were indeed in the prince things obscure, and not to be discovered by the sagacity of any person, but by time only, which was denied him; but what appeared were excellent, which is sufficient for his fame.
He died in the 19th year of his age of an obstinate fever, which during the summer, through the excessive heat and dryness of the season, unusual to islands, had been epidemical, though not fatal, but in autumn became more mortal. Fame, which, as Tacitus says, is more tragical with respect to the deaths of princes, added a suspicion of poison: but as no signs of this appeared, especially in his stomach, which uses to be chiefly affected by poison, this report soon vanished.
TO THE KING.
MAY IT PLEASE YOUR MAJESTY,
ACCORDING to your highness's pleasure signified by my lord chamberlain,* I have considered of the
petition of certain baronets + made unto your Majesty for confirmation and extent or explanation of certain points mentioned in their charter; and am of opinion, that first, whereas it is desired, that the baronets be declared a middle degree between baron and knight, I hold this to be reasonable as to their placing.
Secondly, where it is desired, that unto the words degree or dignity of baron, the word honour might be added I know very well, that in the preface of the baronet's patent it is mentioned, that all honours are derived from the king. I find also, that in the patent of the baronets, which are marshalled under the barons, except it be certain principals, the word honour is granted. I find also, that the word dignity is many times in law a superior word to the word honour, as being applied to the king himself, all capital indictments concluding contra coronam et dignitatem nostram. It is evident also, that the words honour and honourable are used in these times in common speech very promiscuously. Nevertheless, because the style of honour belongs chiefly to peers and counsellors, I am doubtful what opinion to give therein,
Thirdly, whereas it is believed, that if there be any question of precedence touching baronets, it may be ordered that the same be decided by the commissioners marshal, I do not see but it may be granted them for avoiding disturbances.
Fourthly, for the precedence of baronets, I find no alteration or difficulty, except it be in this, that the daughters of baronets are desired to be declared to have precedence before the wives of knights' eldest sons; which, because it is a degree hereditary, and that in all examples, the daughters in general have place next the eldest brothers' wives, I hold
Lastly, whereas it is desired, that the apparent heirs males of the bodies of the baronets may be
knighted during the life of their fathers; for that I have received from the lord chamberlain a signification, that your Majesty did so understand it, I humbly subscribe thereunto, with this, that the ba
ronets' eldest sons being knights do not take place
of ancient knights, so long as their fathers live.
All which nevertheless I humbly submit to your Majesty's better judgment.
Your Majesty's most humble and most bounden servant,
THE CHARGE AGAINST MR. WHITELOCKE.‡
THE offence, wherewith Mr. Whitelocke is his opinion to vice-admiral, that the commission to the earl of Nottingham, lord high admiral, for reviewing and reforming the disorders committed by the officers of the navy, was not according to law; though Mr. Whitelocke had given that opinion only in
Thomas Howard, earl of Suffolk. James I. dated the 22d of May, 1611. The year following, a amest order of baronets was created by patent of king free was made relating to their place and precedence, and r years after, namely, in 1616, another decree to the same purpose. See Seldem's Titles of Honour, Part II. Ch. V. private to his client, and not under his hand. Sir Robert Man
p. 821. Ch. XI. p. 906, and 910. 2d Edit. fol. 1631.
sell was also committed to the Marshalsea, for animating the lord admiral against the commission. [Sir Ralph Winwood's Memorials of State, vol. iii. p. 460.] This Mr. Whitelocke
charged, for as to Sir Robert Mansell, I take it to my part only to be sorry for his error, is a contempt of a high nature, and resting upon two parts: on the one, a presumptuous and licentious censure and defying of his Majesty's prerogative in general; the other, a slander and traducement of one act or emanation hereof, containing a commission of survey and reformation of abuses in the office of the navy.
This offence is fit be opened and set before your lordships, as it hath been well begun, both in the true state and in the true weight of it. For as I desire, that the nature of the offence may appear in its true colours; so, on the other side, I desire, that the shadow of it may not darken or involve any thing that is lawful, or agreeable with the just and reasonable liberty of the subject.
First, we must and do agree, that the asking, and taking, and giving of counsel in law is an essential part of justice; and to deny that, is to shut the gate of justice, which in the Hebrews' commonwealth was therefore held in the gate, to show all passage to justice must be open and certainly counsel in law is one of the passages. But yet, for all that, this liberty is not infinite and without limits.
If a jesuited papist should come, and ask counsel (I put a case not altogether feigned) whether all the acts of parliament made in the time of queen Elizabeth and king James are void or no; because there are no lawful bishops sitting in the upper house, and a parliament must consist of lords spiritual and temporal and commons; and a lawyer will set it under his hand, that they be all void, I will touch him for high treason upon this his counsel.
So, if a puritan preacher will ask counsel, whether he may style the king Defender of the Faith, because he receives not the discipline and presbytery; and the lawyer will tell him, it is no part of the king's style, it will go hard with such a lawyer.
Or if a tribunitious popular spirit will go and ask a lawyer, whether the oath and band of allegiance be to the kingdom and crown only, and not to the king, as was Hugh Spencer's case, and he deliver his opinion as Hugh Spencer did; he will be in Hugh Spencer's danger.
So as the privilege of giving counsel proveth not all opinions and as some opinions given are traitorous; so are there others of a much inferior nature, which are contemptuous. And among these I reckon Mr. Whitelocke's; for as for his loyalty and true heart to the king, God forbid I should doubt it.
Therefore let no man mistake so far, as to conceive, that any lawful and due liberty of the subject for asking counsel in law is called in question when points of disloyalty or of contempt are restrained. Nay, we see it is the grace and favour of the king and his courts, that if the case be tender, and a wise lawyer in modesty and discretion refuseth to be of was probably the same with James Whitelocke, who was born in London, 28th November, 1572, educated at Merchanttaylors' school there, and St. John's college in Oxford, and studied law in the Middle Temple, of which he was summer reader in 1619. In the preceding year, 1618, he stood for the place of recorder of the city of London, but was not elected to it, Robert Heath, Esq. being chosen on the 10th of November, chiefly by the recommendation of the king, the city having been told, that they must choose none, whom his Majesty
| counsel, for you have lawyers sometimes too nice as well as too bold, they are then ruled and assigned to be of counsel. For certainly counsel is the blind man's guide; and sorry I am with all my heart, that in this case the blind did lead the blind.
For the offence, for which Mr. Whitelocke is charged, I hold it great, and to have, as I said at first, two parts: the one a censure, and, as much as in him is, a circling, nay a clipping, of the king's prerogative in general; the other, a slander, and depravation of the king's power and honour in this commission.
And for the first of these, I consider it again in three degrees: first, that he presumed to censure the king's prerogative at all. Secondly, that he runneth into the generality of it more than was pertinent to the present question. And lastly, that he hath erroneously, and falsely, and dangerously given opinion in derogation of it.
First, I make a great difference between the king's grants and ordinary commissions of justice, and the king's high commissions of regiment, or mixed with causes of state.
For the former, there is no doubt but they may be freely questioned and disputed, and any defect in matter or form stood upon, though the king be many times the adverse party :
But for the latter sort, they are rather to be dealt with, if at all, by a modest and humble intimation or remonstrance to his Majesty and his council, than by bravery of dispute or peremptory opposition.
Of this kind is that properly to be understood, which is said in Bracton, "De chartis et factis regiis non debent aut possunt justitiarii aut privatæ personæ disputare, sed tutius est, ut expectetur sententia regis."
And the king's courts themselves have been exceeding tender and sparing in it; so that there is in all our law not three cases of it. And in that very case of 24 Ed. 3. ass. pl. s. which Mr. Whitelocke vouched, where, as it was a commission to arrest a man, and to carry him to prison, and to seize his goods without any form of justice or examination preceding; and that the judges saw it was obtained by surreption; yet the judges said they would keep it by them, and show it to the king's council.
But Mr. Whitelocke did not advise his client to acquaint the king's council with it, but presumptuously giveth opinion, that it is void. Nay, not so much as a clause or passage of modesty, as that he submits his opinion to censure; that it is too great a matter for him to deal in; or this is my opinion, which is nothing, &c. But illotis manibus, he takes it into his hands, and pronounceth of it, as a man would scarcely do of a warrant of a justice of peace, and speaks like a dictator, that this is law, and this is against law, &c.*
should refuse, as he did in particular except to Mr. Whitelocke by name. [MS. letter of Mr. Chamberlain to Sir Dudley Carleton, November 14, 1618.] Mr. Whitelocke, however, was called to the degree of serjeant in Trinity-term, 1620, knighted, made chief justice of Chester; and at last, on the 18th of October, 1624, one of the justices of the king's bench; in which post he died June, 1632. He was father of Bulstrode Whitelocke, Esq., commissioner of the great seal.
*Sir H. Wotton, in a letter of his to Sir Edmund Bacon,
ROBERT EARL OF SOMERSET TO SIR THO
MAS OVERBURY.* FROM A COPY AMONG LORD BACON'S PAPERS IN THE LAMBETH LIBRARY.
I HAVE considered that my answer to you, and what I have otherwise to say, will exceed the bounds of a letter; and now having not much time to use betwixt my waiting on the king, and the removes we do make in this our little progress, I thought fit to use the same man to you, whom I have heretofore many times employed in the same busiHe has, besides an account and a better description of me to give you, to make a repetition of the former carriages of all this business, that you may distinguish that, which he did by knowledge of mine and direction, and betwixt that he did out of his own discretion without my warrant. With all this he has to renew to you a former desire of mine, which was the groundwork of this, and the chief errand of his coming to you, wherein I desire your answer by him. I would not employ this gentleman to you, if he were, as you conceit of him, your unfriend, or an ill instrument betwixt us. So owe him the testimony of one, that has spoken as honestly, and given more praises of you, than any man, that has spoken to me.
My haste at this time makes me to end sooner than I expected: but the subject of my next sending shall be to answer that part you give me in your love, with a return of the same from
Your assured loving Friend,
Indorsed, Lord Somerset's first letter.
TO THE KING.
IT MAY PLEASE YOUR MOST Excellent MAJESTY, HAVING understood of the death of the lord chief justice,† I do ground in all humbleness an assured hope, that your Majesty will not think of any other but your poor servants, your attorney,‡ and your solicitor, one of them, for that place. Else we shall [Reliq. Wotton, p. 421, edit. 3d,] written about the beginning of June, 1613, mentions, that Sir Robert Mansell and Mr. Whitelocke were, on the Saturday before, called to a very honourable hearing in the queen's presence-chamber at Whitehall, before the lords of the council, with intervention of the lord chief justice Coke, the lord chief baron Tanfield, and the master of the rolls; the lord chief justice of the king's bench, Fleming, being kept at home by some infirmity. There the attorney and solicitor first undertook Mr. Whitelocke, and the recorder, [Henry Montagu,] as the king's serjeant, Sir Robert Mansell, charging the one as a counsellor, the other as a questioner, in matters of the king's prerogative and sovereignty upon occasion of a commission intended for a research into the administration of the admiralty. "Whitelocke in his answer," adds Sir Henry Wotton," speaks more confusedly than was expected from a lawyer; and the knight more temperately than was expected from a soldier Whitelocke ended his speech with an absolute confession of his own offence, and with a promise of employing himself hereafter in defence of the king's prerogative.... In this they generally agreed, both counsellors and judges, to represent the humiliation of
be like Noah's dove, not knowing where to rest our feet. For the places of rest, after the extreme painful places, wherein we serve, have used to be either the lord chancellor's place, or the mastership of the rolls, or the places of the chief justices: whereof, for the first, I could be almost loth to live to see this worthy counsellor fail. The mastership of the rolls is blocked with a reversion.|| My lord Coke is like to out-live us both. So as if this turn fail, I for my part know not whither to look. I have served your Majesty above a prenticehood, full seven years and more, as your solicitor, which is, I think, one of the painfullest places in your kingdom, specially as my employments have been; and God hath brought mine own years to fifty-two, which I think is older than ever any solicitor continued unpreferred. My suit is principally, that you would remove Mr. Attorney to the place. If he refuse, then I hope your Majesty will seek no farther than myself, that I may at last, out of your Majesty's grace and favour, step forwards to a place either of more comfort or more ease. Besides, how necessary it is for your Majesty to strengthen your service amongst the judges by a chief justice, which is sure to your prerogative, your Majesty knoweth. Therefore I cease farther to trouble your Majesty, humbly craving pardon, and relying wholly upon your goodness and remembrance, and resting in all true humbleness,