UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY .wy#ihi^ -^r^- Witm '^'»-^>^ /f%^ - 4k^^^M^J^ ^j>u^ f^^t^jL^ ^/iLi*^''**'^^ •^ V"" L 1 15 1: \{ V A M i: 1. 1 c u s <»K 81 K JAMES WHITE LOCKE, A .JLDGK OF THE COURT OK KI\(i\S BENCH I.V TIIK KKIGN!) <>|- JAMES I. AND CIIAHLES I. NOW FIKST I'lBLISEIKI) FROM THK ORIGINAL MANl'SCRIPT. KDITKO HV JOHN BRUCE, ES(). V.P.S. A. PRINTED lOK THE CAMDEN SOCIETr. M.DCCC.LVIII. T \VI>,TMI^S■rKR J. U. MCIIOUS A.Nt) SONS, PRINTERS I'ARLIAMKNT STRKET. [No. LAX.] COUNCIL OF THE CAMDEN SOCIETY ¥{)\{ Till-: VKA1{ \bfi(\-7. President. THE lil(;HT HON. LORD BKAYBROOKE, F.8.A. WILLIAM IIKXRY BLAAUW, ESQ. ^LA. F.S.A. .lOHN BRUCE, ESQ. V.P S.A. Director. JOHN PAYNE C0LLH^:R, ESQ. F.S.A. Treasurer. Wn.LLVM DURRANT COOPER, ESQ F.S.A. BOLTON CORNEY, ESQ. M.R.S.L. JAMES CROSBY, ESQ. F.S.A. SHi HENRY ELLIS, K.H , FTi.S., Din. S.A. THE EARL JERMYN, M.P. F.S.A. THE REV. LAMBERT B. LARKING, M.A. PETER LEVESQUE, ESQ. F.S.A. FREDERIC OUVRY, ESQ. Treas.S.A. WILTvIAM J. THOMS, ESQ. F.S.A. Secretan/. WILLIAM TITE, ESQ. M.P. F.R.S. F.S.A. ALBERT WAY, ESQ. M.A, F.S.A. THE REV. JOHN WEBB, M.A., F.S.A. 82G(>r.i Tlie CouNxii. of the Camden Society desire it to be under- stood that they are not answerable for any opinions or observa- tions that may appear in the Society's publications ; the Editors of the several works being alone responsible for the same. INTRODUCTION. Sin James Wihtelocke, the Avritcr of the manuscript now publishcfl, occupied a prominent position in the reigns of James I. and Charles I. Rising from the middle ranks, he became a lawyer of eminence, connected himself with several families of Importance, took a leading part in constitutional proceedings in parliament, sat with credit on the judicial bench, and was author of several valuable professional and antiquarian papers. Nor docs our interest in his flimily terminate with himself. As in the previous instances of More and Bacon, and in several other eminent and well-known cases, which occur far more frequently in the law than in other professions, sir James's son, Bulstrode Whitelocke, excelled his father in all the principal points of his career. As a lawyer he was more eminent, as a statesman flir more distinguished, and as an author, his works are among the most useful materials for the history of his period.* A marriage with an heiress of the De la Bcches, near the end of the reign of Henry VI., first brought the AVhitelockcs into consider- » Tlic recent republication of his Journal of his Swedish Embassy, under the editorship of Henry Reeve, esq. (2 vols. Svo. 1855), affords proof that bis works still interest his- torical readers. Of his Historical Memorials it is sufficient to remark that it is scarcely pos- sible to find a book upon any incident in the reign of Charles I. which does not contain many references to it a.-* an authority. ii INTRODUCTION. atioii. V>y this mnrriii-^c a Jolin Wliitclocke became possessed of tlic manor of Beeches, near Okingham, co. Berks. After several freneratlons we come to a William Whitelocke, who was the first person in the flimily given to literature. Sent from Eton to King's College, Cambridge, in 1537, in due time he became a fellow of his college and took the degree of B.D. The church rewar<k'd his learning with the vicarage of Prescot, a prebend in Lichfield cathedral, and the rectory of Greenford in tlic county of Middlesex. He wrote a continuation of Thomas Chesterfield's Chronicle of Lichfield Cathedral, published in Wharton's Anglia Sacra, vol. i. p. 444. This William Whitelocke died shortly before 15th April, 1584. Richard Whitelocke, the father of sir James Whitelocke, stands in the pedigree as the youngest brother of William Whitelocke the chronicler. " Put to London to be brought up in the trade of merchandize," he entered into his calling with spirit, and was accustomed to visit foreign countries in the way of his business. In 1570, during one of his journeys into France, he was seised with pleurisy at Bordeaux, and died there at the age of 37. As a Pro- testant, there were difficulties respecting his interment, but the English merchants resident in that city, " to the number of 100 or more, armed with shot, did carry the corj;sc into the vineyards, and there didhonorably inter it." The young merchant Avho thus found a grave on the banks of the Garonne left in his native country a widow and two sons, who were increased to four within a few days after his death. The narrative which is here given of the struggles of his widow in bringing up her children, constitutes a picture of considerable interest. Her maiden name was Colte. She had a brother a merchant at Dantzick, but her jxiternal family was seated INTKODICTION. at Little Mundcn, in tlic county uf Hertford. Fearless in matri- monial speculation, her first adventure was with a London merchant named Brockhurst, " who dealt with the Italians for kcrsics and fine cloths." Death soon severed that companionship, her husband and a daughter, their only child, being carried off by the plague in lo63. Richard Whitelocke was her second husband, a man of gravity and prudence. After his death she married again. Her third adventure was with Thomas Price, and this time she was most unfortunate. A notable unthrift, her husband squandered the means which White- locke had becpieathcd to lier, and was moreover personally " unkind and insolent." Her life for many years was one of " daily miseries." In the midst of her troubles, although continually "robbed and pilled by her cruel and wasteful husband," she steadily persevered in the performance of her duties towards the young Whitclockes. Two things she determined to accomplish for them, and in both she was successful. Although "miserably afflicted in the law'' by her third husband's creditors, she resolved to preserve for the sons of her second husband the portions left them by their father, and, better still, she set her heart on bringing them up " in as good sort as any gentleman in England would do, as in singing, dancing, playing on the lute and other instruments, the Latin, Greek. Hebrew, and French tongues, and to write fair." Such was education in Enf^land in the time of queen Elizabeth. The struggles of this exemplary woman to secure these advantages for her children, and the pious and peaceful close of her life, after she had brought up her children to man's estate and " buried her unthrifty and unkind husband;" she herself going away "with old age even as a candle n-(jeth out," are affectionately commemorated by her son in several passages in the present volume. iv INTRODUCTION. The clKinveters of her sons were as various as their {"ortuncs. Eclmiind, the eldest, is well sketched by his lawyer brother. He was the line gentleman of tlie laiuily. Clever, witty, adventurous, well taught, well bred, a soldier, a traveller, an excellent companion, fond of " worshipful society," a pleasant, jovial fellow, uncertain in his movements, impetuous in temper, and with never a penny in his purse. He figured as " Captain Whitelocke " among the boon companions and spendthrifts of his day, and was led by high con- nections into circumstances which occasioned him to be suspected of participation in the two most notable conspiracies in our history, that of the Earl of Essex, and the Gunpowder Treason. " The brainsick meeting at Essex House" made him acquainted with the interior of Newgate, from whence he was transferred to the bar of the court of King's Bench, but the vengeance of the law had been patisKed ere the course of judicial inquiry arrived at the minor and more doubtful ofTenders; after a time he was committed to the free custody of his brother, the future sir James, and shortly afterwards was entirely discharged. The suspicion against him in connection with the Gunpowder Treason arose out of his dependency on the carl of Northumberland, -whom the gallant captain took for his patron after the death of the earl of Essex. On this occasion captain Whitelocke was confined for a little while in the Tower, and afterwards in the Fleet, but was ultimately set at liberty and permitted to relieve with his cheerful society the long imprison- ment of his second patron. In the unhealthy summer of 1608, captain Whitelocke was attacked with the disorder ordinarily pre- valent during our fruit season. After being much reduced in stren«'th, he "was let blood:" and under this treatment, not unnatu- CD ' rallv, " went awav quietly, as in a slumber." He was on a viirit at INTICODUCTIOX. V tlic time to ilic carl of Susa-x, at Xcwliall in Essex, and the '* [(iclccd man of countries," "a fellow of inllnitc jest and most excellent fancy," was honourably interred by his noble friend in the restin^^-placc of the Katclifles. Klehard, tlio second son, followed his father's way of life, and visited many countries in pursuit of commercial profit. Finally, he fixed himself at Klbinf^. His success in merchandize was various, but he married a lady of Elbing, possessed of some fortune, and had a numerous family. One of his sons came to England and claimed acquaintance with his uncle Sir James, then become a judge. Uicluud ^Mliteloeke died at Elbing in lG2-i. William, the third son, had no mind to learning, and was therefore bound apprentice; but he had other aspirations than those which could be satisfied behind a counter, ^^'hen the drum beat for volunteers for the expedition to Portugal, young Whitelocke was carried away by the popular enthusiasm for Don Antonio. lie left " master, thrift, and all," and followed the wars. On his return from that expedition he seemed at death's door. Maternal care restored him to imlooked-for health. On his recovery he joined himself to sir Francis Drake, and partook of the perils and adventures of the eminent sailor's closing years. When death came upon Sir Francis in the miserable cabin of his paltry ship, then beating about off the coast of America, within the tropics, William Whitelocke, as we learn from the MS. now published, was in close attendance upon his irallant master. The circumstances of his death are told here for the first time. The naval hero struggled to the last with the great conqueror, lie literally expired in harness, for, when he felt that life was ebbing, he ordered young Whitelocke to " put on his VI INTRODUCTION. anniuir upon liiin, tli it lie inif^'lit die like a soMlcr!" Whitelocke dill iu)t long outlive the illustrious sailor. In a conflict at sea with the Spaniards he fell at the age of 27. In these three sons of the young merchant we see predominant the spirit of adventure which was in their father. James Whitelocke, the fourth son, inherited the maternal qualities of steadiness and perseverance. From ^lerchant Taylors' school, where, like his brother Edmund, he was a pupil of Richard Mulcaster, he was elected to St. John's, Oxford. He details fully his scholastic and academical course, commemorating as his Hebrew teacher one Hop- kinson, who dwelt in Grub Street, " an obscure and simple man in worldly affairs, but expert in all the left-hand tongues." " Great learned men," we are told, came to consult him in those languages, and among them no less a person than Lancelot Andrewes. The gradual ascent of the plodding, steady youth is minutely chronicled in the following pages. He early set his mind on being a common lawyer, and in 1600 was called to the bar by the Middle Temple. Two years afterwards he married Elizabeth the eldest daughter of Edward Bulstrode, of Hedgley Bulstrode, in the county of Bucks. The marriage was respectable and hapj^y. It made him the father of a numerous family, brought him into connection with the Crokes, the Bulstrodcs, and other persons of note and name, gave object and purpose to his own aspiring views, and in every way materially advanced his prospects and position in life. From this period his Liber Famelicus becomes a register of the enlargement of his family, and his professional advancement. Every child born to him brings before us some new persons as godfathers and godmothers, whose social position and status arc INTRODUCTIOX. vii duly chronicled. The particuhus wliich are thus given, an<l those of a similar kind introduced throughout the book on other occasions, are often valuable aids to our knowledge of the time. In like manner every step tliat he takes upwards in his pro- fession gives hiin an opportunity of mentioning some new person, sometimes more fully, sometimes only by an allusion, but even then with an occasional descriptive touch which is importantly charac- teristic. Sir James's litigation with Sir William Pope, an unscrupulous adversary; his share in the opposition in parliament to the power claimed by king James of setting impositions on imported goods; his committal to the Fleet for some presumed anti-prerogative doings as a pleader in the Court of Chancery; the endeavour to pro- cure his election as Kecorder of London, which was foiled by the opposition of the King; and finally his readings in his inn of court, his serjeantship and his judgeships: these are the events which sir James has recorded at greatest lenirth. The case of Impositions was one of the highest constitutional im- portance. The currants of commerce were subjected by statute to a customs duty upon importation of two shillings and six pence per hundredweight. The King, of his own authority, "imposed" an additional duty of five shillings. Bates, a Levant merchant, con- tested the validity of the new duty, or " imposition," but it was con- firmed in the court of Exchequer on grounds which laid all com- merce at the sovereign's mercy. " The sea ports," it was declared, " are the King's gates, and he may open ur shut them to whom he pleases."* The question being brought belbre parliament, the Reports of lJatc'88 case, aii.l the proceedings to which it gave rise, will be found in Howell's State Trials, i. 371. Vlil INTRODUCTION. government rested its (Icfoncc on the decision of tlie Exchequer. ^V^litelocke claims to himself the honour of having been the first, and at first the only, person to call in question the validity of the I'vxchequer decision. lie not only spoke but wrote against it, (p. 24.) Such opposition to the court made Whitclockc a marked man. His conduct ns a practising barrister was jealously scrutinised. The lord chancellor snubbed and checked him, taunted him, and sneered at him, in open court. Offence was found in his conduct in a cause instituted by Ralph Brooke, the York Herald, against Henry St. George, Bluemantle, and also in an opinion given to Sir Robert Mansell against the validity of a royal commission relating to the navy. Whitelockc was summoned before the council, and com- mitted to the Fleet. After twenty-six days' confinement, he penned a submission, which was moulded into courtly form by Bacon, then attorney- general, and made to conclude with a passage of high-flown flattery of prerogative derived from Tacitus. The King was captivated. He was caught on two of his weakest points, his absolutism and his pedantry, and the uncourtly lawyer was set at liberty. The narrative of this circumstance in the book now published is exceedingly imperfect. Sir James knew himself to be writing under the domination, if not under the eye, of a power which aimed at the suppression of all investigation into its own origin and limits; he was surrounded by the sycophantic agents of such a power, and felt it unsafe even to commit to paper the "passages of his trouble." One portion of the charge against him related to a royal commission for redressing, as it was termed, the abuses in the navy, which com- mission sir James had advised sir Robert JNIansell was contrary to law. This is only slightly alluded to. Bacon's speech on this JN riUMilXTlON. occasion is printed in his Works, und in Howell's State Trials (ii. 700) — on the latter occasion with some valuable observations by the editor — but after all we learn little of the real facts. To supply them, as far as possible, I have printed as an appendix, from a manuscript in the State Paper Office, a copy of the entry relating to this business which appears on the register of the privy council. Sir James's account is timid and incomplete, that of Bacon and the entry of the privy council are coloured and ex parte, but, among them, an his- torian will nut fail to discover the truth. Whitelocke's commitment took place in 1613. In the year following the House of Commons was again assembled, and resumed the consideration of the question of Impositions. The practice of former ages and sovereigns was carefully investigated, and the House prepared to vindicate its opposition by argument and record. An important part in the great discussion was assigned to Whitelocke. (p. 42.) The result is briefly told in these pages. The parliament was dissolved, and the members who had been appointed to conduct the meditated discussion were summoned to appear before the council with their notes and arguments. " I brought mine," says Whitelocke, " to the clerk of the council, Mr. Cottington, the same afternoon, being twenty-fuur sides in folio, written with my own hand, and saw them burned." The King witnessed some part of this triumph of prerogative in a characteristic way. " I saw him," remarks sir James Whitelocke, " look through an open place in the hangings, about the bigness of the palm of one's hand, all the whilo the lords were in with us." To have made the victory secure his majesty should have thrown into the conflagratiun the records from which the martyred arguments were derived. The narrative of the proceedings between the city of London and CAMl). soc. c X INTRODUCTION. the Jving, on the desire of the eitizcns to elect Whitelockc as their recorder, which extends from p. 63 to p. 69, contains several noticeable incidents; Bacon's dealing with the aldermen, their in- terview with the King, his Majesty's notion of a free election,* his special exception of ^Mr., afterwards Sir Thomas, Crewe, and the bar joke of Eeininiscor and Memini. These are circumstances which have a public and general interest, but, besides these, there are in the present work many acceptable particulars relating to public men and events of that period. Sir James had little biographical talent, but he occasionally hits off a character in a few effective and sometimes even impressive Avords. Witness his notice of sir Henry Xeville at p. 74 ; of sir Augustine Kichols at p. 52; of sir Humphrey May, sir Benjamin Rudyerd, and sir Lionel Cranfield. But of things of this kind the best in the book is his notice of the judicial character of sir Edward Coke. It is thus that he speaks of the great legal oracle : — " Never man was so just, so upright, free from corruption, solicitations of great men or friends, as he was. Never put counsellors that practised before him to annual pensions of money or plate to have his favour. In all causes before him the counsellor might assure his client from the danger of bribery, the secret mischief growing by wife, children, servants, chamber-motions, great or small ; and the most religious and orderly man in his house that lived in our state. In another place he sums up Coke's character in these few words, — he was " the most just, honest, and uncorrupt judge that ever sate on bench." At p. 48 we are brought to a near view of this celebrated * « The aldermen desired to know his pleasure, whether he would not give them leave to have a free election; he answered, ' Aye,' but still pressed his commendation, which he expected they should regard." (pp. 00, 07.) INTRODUCTION. xi magistrate. Whitclockc rode over on a Sunday morning from Fawlcy Court, his resilience in Buckinghamshire, to the sermon at Windsor, and theic in St. George's chapel heard preacli dean Field, the author of the book on The Church, and " the Field," according to Fuller's pun, "which the Lord had blessed," Nothing is recorded by Whitelocke about Dr. Field's sermon, but we are told that in the chapel Whitelocke found himself in distinguished company. In the stalls above him sat secretary Winwood, and Coke, then lord chief justice. Sermon over, each of these magnates beckoned to Whitelocke to come to him. Taking the secretaiT- first, Whitelocke got an invitation to dinner, which he declined, havino- friends at home. Passing on to the chief justice, he was greeted with, " Come, Mr. Whitelocke, I will make bold with you, one of my own coat. I pray thee let me have thy company out of the church, for I am a stranger here." " So," says Whitelocke, " I led him out by the arm," and went with him to his coach in the upper court. AVould he had recorded their conversation as they passed alono-, — Whitelocke proud of supporting the feeble footsteps of the great legal luminary, and taking to himself some share in the reverential greetings which they encountered on their way. One would like to have known whether Coke had a heart which could be stirred by the beautiful architecture, or by the extensive view, which met their gaze. Whitclockc commemorates but one item of their gossip " I asked him," he says, " why he stayed not at the court to dinner. He told me that whilst he stood by the King at dinner he would ever be asking of him questions of that nature that he had as lief be out of the room, and that made him be as far olFas he might be ever at such times." "1 guess," adds the recorder of this valuable fact, " it was concerning matters of his prerogative, which the kin'--- XI i INTUODUCTION. would take ill il" lie were not ujiswered in them as he would have it." What undesigned corroborative testimony does this give to Waller's well-known anecdote of bishop Andrewcs and bishop Neile. Another anecdote of king James which is no less characteristic has become well known since first published by i\Ir. Basil Montagu from the present MS. in his edition of the Works of Bacon. Yelverton was made attorney -general at the time when legal offices stood, as it were, in the place of pocket-money to the favourite Buckingham. Aj^pointments to minor offices passed entirely through his hands, and every judgeship was worth to him several thousand pounds. In an unguarded moment, and without consulting his favourite, the king, apparently anxious to get rid of solicitation (for when an office of any worth was vacant, James was worried out of his life by all kinds of ap- plications for it) declared his intention to appoint Yelverton, who was then solicitor-generaL Buckingham did not object to the man, nor, probably, would he have objected to any other man, but he wanted his accustomed fee, and made it apparent that he did so. For sometime it seemed doubtful whether Yelverton would hold his ground. Ulti- mately the prudent lawyer foiled the favourite by a course of passive resistance, which is related in full in the present volume. When the matter had been absolutely settled, Yelverton waited on the king privately, thanked him for the appointment, dwelt largely on its frec- ness, and added that, out of dutv, he had brought the kinjr 4,000Z. as a token of gratitude. James was bewildered with delight; he clasped his attorney-general in his arms, thanked him profusely for his wel- come offijring, told him that he needed it, that " it must serve to buy him dishes," and hurried Yelverton off, probably lest Bucking- ham should make liis appearance, to pay the money to the keeper oi' the privy purse. INTIIODICTION. xiii To anecdotes of this kind, of wliich there arc several others in the book, must be added many particulars respecting those curious old practices — ceremonial, hospitable, educational — once common in the Inns of Court, I mean tlie readings. Whitelocke minutely details the proceedings of these notable assemblies, as practised in the Middle Temple, from the meeting in Tothill Fields, where the reader and the ancients were met by the Dean of Westminster, and played their game of bowls " according to ancient custom," to the high mysteries performed by the reader and his cupboard-men;" and the wonderful feasting, and the noble guests, and the " special achates", and the grand presents, and the splendid delicacies, and what It all cost, even to a penny. These things have long properly died out. Unsuited to the taste and genius of Englishmen of the present day, they seem to us to have been grotesque and almost foolish festivals. What was good in them we now arrive at in other ways. But they formed a remarkable feature of the times in which White- locke lived, and found in him a chronicler who registered the parti- culars con amore. Some other minute information which is contained in the MS- I have thought it better to omit; I allude to the sum-totals of his own personal cxpences, and the profits of his practice, stated quarter by quarter, with minuteness and accuracy, during the whole of his career from 1600, when, as we have stated, he was called to the bar. Such details soon become wearisome, and, being repeated at such frequent intervals, break in upon the little " "Cuplioanl nion— There are four, who in Uio reading timcsarguein turns the reader's cxse, beginning at the puisne These four cupboard men were wont to be the four anciontest barristers of the house who were to be the two next readers of the house, and tiiis was observed %vhether they purposed to bo readers or not; but by an order of later time no man ought to take upon him to be a cupboard man unk>M he resolvetii to read." iJugduie's Origincs, p. 203. The p«.ss;igo was pointed out U> me by Mr. !•'. C. Carringtun. -h xiv INTRODUCTION. continuity which is to be found in Sir James's narrative; still there arc some (acts in them wl . Ich are worth preserving. His practice during his first term produced him 5/. 3s. 8d. ; during his first year, 39^. 3s. 7d. In 1604, when he married, his practice produced 18SI. 6s. 8d., and that year his expenses amounted to 162/. Is. UcZ. In 1605 he first made more than 200/. by his practice; in 1607 more than 300/.; in 1608 more than 400/. ; in 1612 more than 500/.; his expenses had now mounted to 38i)/. In 1615 his practice first yielded more than 600/., and his expenses amounted to 439/. In 1619, the year of his readership, his professional receipts were 622/., his expcnces 985/. In the year following he took his degree of sero-eant, which cost, as will be seen at p. 84, 207/. 6s. lie/., besides the customary gift of 600/. (see p. 44.), and his knight- hood, whicli cost (see p. 84) 44/. 17s. 8d. These great incidents, with the expenses connected with them, mounted his outgoings during that year to 2,055/. 4s. 5d., whilst his practice yielded but 600/. 4s. Id. Tiluch of his income as a judge was made up of fees. The total ran from 900/. to about 1,000/. The income from the Welsh judgeship, which was his first appointment, was much about the same as that from his subsequent seat in the King's Bench. We learn from his notes that he laid out in purchases of land something more than 10,000/., and that his chief purchase was an old mansion house termed Fawley Court, pleasantly situated on the banks of the Thames in the county of Buckingham, a short distance to the eastward of Henley-on-Thames. This, with a town mansion in Fleet Street, in the parish of St. Dunstan's,^ were his principal places of residence. ^ The c-xtr^fts from the registers of this parish, published with much skill and judgment lu^utnu^^ Av^•^4^^wwyr <;.uM£r«gC..:,^i*^ ^.^^/^.^^^ INTRODICTION. XV Sir James's appointment to a scat in the King's Bench took place in October, 1G24, during the last year of the reign of king James I. Eight )'ears, which was the length of his tenure of ofTice, carried him sunicicntly far into tlic reign of ('harles I. to make him, at least in appearance, a partaker in some of the unpopular acts which the judges wore called upon to perform. In these diflicult circum- stances, his early love of constitutional freedom did not altogether forsake him. He opposed, although not so strenuously as one could have wished, the practice of the King's sending for the opinions of the judges beforehand. We are told that " he did often and highly complain against this way," and that he said "if bishop Laud went on in his way he would kindle a llame in the nation,"" or, as it is more fully stated in another place, that the bishop "was too full of fire, though a just and good man, and that his want of experience in state matters, and his too much zeal for the Church, and heat, if he proceeded in the way he was then in, would set this nation on fire".'' In 1640, when the Long Paidiament called in question the conduct of the judges, in refusing to release the members of parliament committed in 1629 for their opposition to the court, unless upon their finding sureties for good behaviour, the conduct of sir James was manfully defended by his son P>ulstrode, as well as by Hampden and divers others. It was shewn that, like his relative judge Croke, he differed in opinion from the rest of the bench, and all who spoke upon the subject "expressed themselves with great respect and honour to his memory."*^ One of the iiicitnvenicnees ol' the limo in whieh he jtariiiipatoil by my friend Mr. John Gdujili Nicliols, in the Culleetnnea To|i(>graj(luca and (icnoalogica, vols. IV. and v., contain many entries which n'l;it«' |i> th.' Whilcluckes and the cognate families. • Whitelocke'8 Mcinori.ilH, cl. 1732, p. i:;. '■ Il.id. p. 3 J, •• Ibid. p. 3y. xvi INTHODUCTIOX. wa? the delay in payment of the judicial salaries, consequent on an empty exchequer. During the memory ofnian, as sir James assures us, the judges' wages had been always paid half-yearly, at the end of Easter term and of Michaelmas term. In 1627 money was no longer forthcoming. At Michaelmas in that year, if we understand his account correctly, twelve months remained unpaid. A com- mittee of the judges, of wlioni Whitelocke was one, was appointed to remonstrate with the lord treasurer, the earl of ^larlborough, himself formerly a chief justice, upon the delay. They did so, and reminded him that it was provided by an express statute that the salaries of the judges were to be paid out of certain specially assigned funds, "what want there was otherwise." i\Iilton, addressing lord ^Marlborough's daughter, described her father as the "good earl, once president Of England's council and her treasury, Who lived in both unstained with gold or fee ;" — his professional brethren, if Whitelocke be accepted as their re- presentative, were not so civil to him. The earl received the deputation most courteously. No man could be more kind or pleasant to applicants for money. He promised to give sir Robert Pye, the clerk of the warrants, present order that the judges should be paid out of the very first moneys that came in. If sir James Whitelocke were not misinformed, the treasurer did actually give such directions viva voce. But time shewed the worthlessness of his " sleeveless " and "coming" answers. The "old dissembler," who In the courts had been nicknamed " Volponc," evidenced the accuracy of the character attributed to him, by signing written orders which effectually rendered his spoken directions unavailinrr. Even when monev came in, the earl INTUODUCTION. XVll desired to make its payment tell to his own pergonal advantage, by sending orders only to certain of the judges from whom he had borrowed money. In this way he "dallied out" all the vacation and Hilary term, when Whitelocke and two others, whose patience was exhausted, took the law into their own hands. They prepared writs to charge the suspended payments on certain funds in the possession of the clerk of the petty bag, but the lord keeper inter- posed and procured them their money. When the circuit approached attain the lord treasurer had them ut an advantage, and did not omit his opportunity of retaliation. On the last day of term preceding the assizes it was customary to advance the judges their circuit-money. At this time •' not a penny was paid." The judges were consequently obliged to spend their own money in the king's service. " 'i'hese monstrous enormities in the state happened " says sir James " by the crooked dealing of the treasurer." Perhaps not altogether so; the judgments of professional men upon one another are not always to be relied upon. Long life was not vouchsafed to any of this generation of the Whitelockes. Sir James records in the present volume the death ot his wife in May, 16.31, in terms of aftection which were afterwards inscribed by her son Bulstrode upon her monument. On the 20ih of the following August sir James made his will, of which he appointed his son Bulstrode executor, and committed his only survi\ing unmar- ried daughter to the care of her already distinguished brother. Ihe last entry in his Liber Famelicus, as we have printed it, relates tu the consecration of a chapel in his house of Fawlcy Court" by bishop " I am reminded l.y Mr. W. Diirrant Cooper tliat Fawlcy Court is memorable a-s having been one of the houses in which Willi:im III. rested on his progress from Torbay to Lon- don. He received there the .Icdarafion from the peers, who assembled on tiio withdrawal of James II., ami an address from the Corporation of London. (Uiary of Lord Rochester, ii. 224.) CAMU. SOC. d xviii INTRODUCTION. Williams, on the 27th December, 1631, but Sir James continued to enter the accounts of his professional receipts up to the Easter term following, the last entry being 11. 7s., the proceeds of " sugarloaves," which were a customary present to a judge. His son informs us that in the following term sir James " fell ill, of a cold, which so increased upon him that he was advised to go into the country, wliercupon he took his leave of his brethren the judges and sergeants, and was cheerful with them, but said to them, ' God be with you, I shall never see you again,' and this without the least disturbance or trouble of his thoughts; and, soon after he came into the country, on the 22nd day of June, he died."' He was laid, according to his own wish, by the side of his wife in the parish church of Fawley, and his will was proved at Doctors' Commons by his son Bulstrode, on the 3rd of Xovcmbcr following his death. The monument erected to Sir James in Fawley church ^ con- tains a Latin commemorative inscription; but his best epitaph is contained in a few words of his son's Memorials: — " In his death the king lost as good a subject, his country as good a patriot, the people as just a judge as ever lived; all honest men lamented the loss of him, no man in his age left behind him a more honoured memory.'''^ Kinrr Charles I. said of him, that he was "a stout, wise, and learned judge, and one who knew what belongs to uphold magistrates and magistracy in their dignity."*^ The manuscript from which we have printed is tlie original, in the handwriting of sir James Whitelocke, and is now in the possession of a descendant of his son Bulstrode. Bulstrode White- » Whitelocke'8 Mem. p. 17. •• Langley's Hist. Desborough, p. 202. ' Whitelocke's Mem. p. 18. "* Ibid. p. 11. INTUODLCTION. XIX lockc married thrice, and iiad a numerous family. One of his sons by his last wife was named Carleton, which was his mother's maiden name. A son of Carleton Whitelocke, who bore the same name, was grandfather to the gentleman to whom the Camden Society is indebted for the use of the manuscript. Other writings of Sir James Whitelocke may be found in Ilearne's Collection of Curious Discourses, Treatises by him arc there printed " Of the antiquity and office of Heralds in England" (i. 65.); " Of the antiquity, use, and privilege of places for students and professors of the common law of England " (i. 78); "Of the antiquity, use, and ceremony of lawful combats in England" (ii. 190); and " On the topographical dimensions in England, compared with those of the Greeks and Latins" (ii. 382). His " Lectures or Readings in the Middle Temple, Aug. 2, 1619; on Stat. Hen. VIIL c. 13," of which so much is said in the Liber Famelicus, remain in manuscript in the Ashmolean Library ;" and several of his speeches are said to be printed in a work entitled " The Sovereign's Prerogative and the Subjects Privileges discussed, &c., in the 3rd and 4th of King Charles L" Lond. 1657, fol. Bulstrode "Whitelocke laments that when Fawley Court was plun- dered by the Cavaliers in 1642, the brutish fellows committed wanton destruction on the books and papers which were lel't in his study; "some they tore in pieces, others they burnt to light their tobacco, and some they carried away with them, to my extreme great loss and prejudice, in wanting the writings of my estate, and losing very many excellent manuscripts of my flithcr's and others, and some of my own labours."** Among the MSS. thus dci^troyed • Cat. MSS. Angliii', p. 34i. ^ Memorials, p G5. \X INTRODUCTION. was perhaps the one alhided to at p. 24, respecting tlie question of" impositions. An original portrait of Sir James is in the possession oC his clescendants. I am not aware that there is any engraved portrait of him. J. B. •J, Cppjr Gloucester Street, 12 August, 18.58. lAWVAl FAMELICUS. This book I began to write in, the 18 April 1609, anno 7 Jacobi regiii siii Angliue, et Scotiae 42. In it I cntenJ to set downe mcmorialls for my posterity of tliinges most properly concerning myself and my familye. Oculis in solcm, alls in ccclum. Motto do cognisance.* Vive diu Whitlocke, tuissic utero fatis Ut referent sensus alba nee atra tuos. JAMES WHITELOCKE. My father RiCHAiiD AViliTELOCK was the fourthe sun of Richard Whitelock, and was born in the ancient seat of the Whitelocks, called Beeches, situate neer Okingham, a market towne in the countye of Barkcs, whiche land hathc continued in our blud sithencc the year of our Lord 1231; for it appeeretho by a deed in my cosen William t Whitelockes hand of Beches that Robert :{ then bishop of Salisburyc, who was lord of the manor of Sunning neer OkinfT-ham, did give to William de la Beche, out of his purpres- turc§ of Bear Wood, that vcrye land my cosen William Whitelock now holdethe by discent from his father, and he hathc the originall • This " nuitto of cognisance " refers to the arms borne by the Whitelocke family, a chevron between tliree fah-ons, or, as tliey are calle<i in one pedigree, three eagles, and the crest, a like bird rising out of a tower. t My father's elder brother's son, anil heir of the family ; William the eldest being dod without issue. Xi'tc l>y titc irridr of tin: AfS. * Robert de Bingham, bishop of Salisbury 1'22S— r2-16. § Inclosure. CAMD. ROC. 15 2 liiu:k famklicus. (Iced of confirination from the dean and cliapter in lils liand, dated at that time, and an other deed of composition made between the bisliop and the said William de la Beche, dated 1247, for the im- provement of the rent of the land so given. This land continued in the name of Bechcs, being the manor of Bechcs, untill 31 Henry VI., and divers court rolles ar in the hands of my coscn William Whitelock of the Bechcs, in Edward III., and Edward 11., and Richard II. his time, by whiche it ap- peerethe they were sum of them knightes. The last male of this house was Robert de la Beche, who had only on daughter and heir called Agnes de la Beche, to whomc this land near Okingham and an ancient farm of the Beches in Whitchurche in Oxfordshire, called Beches Place, wear intailed 31 Henry VI., and then soon after dyed Robert, and Agnes was maryed to John Whitelock, who, in her right, had these lands; from which John they descended by mean and lineall discents to John Whitelock, father of William Whitelock who now holdethe them as heir to his sayd father John, except sutche as William, the now tenant, hath solde to myself and others. Thear ar among our evidences of our house, in the hands of my coscn William Whitelock, leases made by John Whitelock and the sayd Agnes, of part of these lands, in the beginning of Edward the IVth his raigne. [ 12 Maij, 4 E. IV.*] A writ of restitution for John Whitelock, of the lands in Whit- churche upon a forceable entre. This Agnes in a publique instrument doth write her self " genc- rosa," whiche is very unusuall for that time, and for this see the deed in my cosen Whitelockes hands. [Rob. Beche gent., in a deed, 14 H. VI.; Agnes gencrosa, 8 H. Vll.f] Querie for a commission that came out of the Eschequer about the end of Elisabethes raigne to enquire of subtractions of rents of the manor of Sunning, which is now the enheritance of the crowne by exchange withe the bishop of Salisburye, and you shall * 8ul)!>cquently added. + The like. LIIUCU FA.MKLK TS. .5 Undo tliat my cosen William Wliitclock is by it charged witlie tlie sub- tracting of the rent ol' iinprovoinont, by tlic composition made withe the bisliop anno 1247, as lineall heir to that William de la Beche. Observe the moderation of this family, that hathe continued tlicar patrimony for almost 400 yeares without encrease or diminution; it hatlie been more impaired by the now owner then by all his ancetors, as I can finde by his evidences; nether do I finde tliat in all tliis time tliey have purchased any land, netlicr tiiat they have soldo anye. My grandfather RiCHAUD WiliTELOCK maryed a Grove; her frends dwelled at a place called Funges* in [Buckingham] shire. His father William maryed a Cowdrey. My grandfather had four suns: AViLLiAM, that was brought up at Eton CoUedge, and from thence went to Kinges Colledge in Cambridge, whear he was chosen Fellow, and after Avas A^iccprovost of the colledge, and from thence was presented to the vicaradge of Prcscot in the dioces of Chester, as appercthe by the letters of presentation in my hand an. 1559, in whiche he is named viceprepos'dus of the colledge and sacv(C theolo- gicB baccalaureus ; he had another good benefice in Middlesex, and was canon of Wells, and of Litchefeild, in whiche churche he lived for the latter part of his time altogeather, and thear dyed a single man, being neer fowerscore yeares of age at his deathc. The second sun was Jonx, who had the land from William, first by composition, and afterward, he dying without issue, became heir, but was fayne to agree for it withe his brother William the heir. This Joliii lived neer fowerskore yeares, and dyed miserably tormented withe the stone, above the space of a dozen whole yeares before his deathe. Ills wife was the daughter of on Planer of Okingham, and by her he had many children, and left her surviving at his deathe; he was 45 year olde before he maryed, and his wife very yong; about 17 yeares of age. His sun and heir was William Whitclock, now living, and owner of * l'rol)alj|y Fingcst in Uui-kinghamsliirc. LIBER FAMELICU8. the land as heir to the family; and he marycd Ursula Beresford, tlaughter of George Beresford and Maryc daughter of John Colte, my mother's brother, and by her hathc divers ehildrcn. This George Beresford was sun to on Beresford an alderman of London. His mother did afterward marye sir John Langley sumtimes maior of London.* He had a sister maryed first to Mr. Colte of Wood- wicks in Hartfordshire, my mother's cosen german, by whonic she had John Colte now owner of Woodwieks, and Ursula wife first to Robert Woodford of Burnham, and now to Hughe Holland. After- ward she marved mr. John Norris of Barkshire, now sir John Norris, by whome she had only on daughter and heir, first wife of sir Edward Norris of Englefeilde and now of vicount Fcnton, [after erl of Kellye,]t a Scot, capteyne of the king's gard. William Whitelock hathe a second brother, called John White- lock, that is now a servant in the king's house in the waferye. The third sun of my grandfather was HiEROM, who lived not mutche above 60 ycares. He had only on sun at the time of his deathe, called William, that was broughte up in Westminster School, and went from thence by election to Christchurchc in Oxon, wliear he continued untill he was maister of artes, and was afterward vicar of Sunning, prebend of Wells, and of Lichefeild, and had a com- petent patrimonye of lay fee from his father. He was a verye good scholer, and a good houskceper, but lived in great torment withe the stone, of whichc he dyed little above 30 yeares of age, and left children very yong. His widow marycd John Whitelock of the waferye in tlie king's house. ^[y father, lviCH.\RD Whitelock, was the fourthe and yongest sun. He was put to London to be broughte up in the trade of niar- chandise, and then became free of the best companyes, as of the marchant adventure[r]s, Spayne, IMuskovie, and did tralique in all these country es, and heer in England withe the Italian maichants, but used most trafique in Frauncc. He used to go in parson into forcyne countryes, and, having a purpose to leave that dangerous • Lord Mayor in 1570. t A subsciutnt insertion. LinEU FAMELICUS. 6 course of life, was taken away by deathe in that voyapc he made accoumpt shold have been his last. He went from London toward IJurdcux in Fruunec, the emporium for Gascoyne wines, 22 Sep- tember, 1570, and thear fell into a plurisye, 21 October next following, of wliichc he dyed 7 November following, and was buryed, withe great diflicultyo; for, by reason that he refused extreani unction and sutche popishe ceremonies in his siknesse, he was excommunicate as an herctik, and so deprived of christian buriall. But the Englishc marchants that wear then at Burdeux, to the number of a 100 or more, armed withe shot, did carye the corps into the vineyards, and thear did honorably interr it. He made his last will and testiimcnt in his siknesse, dated 30 October, 1570, and in it made my mother his executrix, who did prove it and execute it most faythefully and lovingly toward her children. The inventarye was 1221/. l\s. Id. lie was but 37 yeares of age when he dyed, as appeerethc by his picture, whichc was made 1563, and then he was 30 year olde, and he died in anno 1570. I have noted his gravityeby his picture, for, being then but 30 year olde, he ware a cap, a verye smale ruire withe black work, a side coat of fine black clothe, a black satten dubblet, and a Spanishe cape of line black clothe, furred and edged withe pinked satten, and long stokkins. This apparell now woldc be thoughtc overgrave in an elder by ten yeares. My tixther left four suns: Edmund, born 10 February, 1564, in the parishe of Fanehurche in London; lilcilARDi: born thear 28 December, 1565; William and James gemini, William the elder, anil they wear posthumi, for they wear born 28 November, 1570, 21 dayes alter the deathe of thear father, in a great house in Thenis Street over against the Bear Key in the parishe of St. Dunstan's in the Est, London, whear thear father then dwelled. My mother was marycd to my father 7 February, 1563, anno 6 Elizabetha; Regin:u. She was the widow ol'on BuoKiiuusT, a marchant in Lonilon, that dealt withe the Italians for kersies and fine clothes. Her husband Ih-ockhurst had but on daughter by her, and father and daughter bothc wear taken awav withe the great plauge in London in the fi MUKK 1 AMKLICUS. litl year of (lucon Kli/.abctlu-; iin>\ leaving his widow «jI' competent estiitc, she mttrycd afterward my father, he being yonger then she, and of no great meancs, but civill, and likely to thrive. My mother beinf' a widow maryed Thomas ruiCK,a marchant of London, that had by her only on sun named George, now living, who was born anno domini , the <lay of , in the year of the raignc of queen Klizabethe. This Thomas Price proved a notable iiiitluift, and a vcrye un- kinde and insolent husband, so as jny mother, being destitute of frendos, had these burdens lay upon her, the care to avoyd dayly wrongs to herself from her husband, to preserve those portions that wear left her cliildren, and to finde meanes to bring them up in lerninf and civility; and by her cxtraordinarye providence and patience did effect it, that she preserved in the handes of the city as orphans' goods 600/., lor her fowcr suns everye of them 150/., and by meanes underhand bought out the interest of her husband in certcyne leases he had by lier, helde of the parishe of St. Dunstan's in the Est, whiche, above the rent, proved worthe neer 50/. the year, and wear for the term of 50 yeares and above; and by sutchc care and admirable wisdom, almost not to be looked for in on of her sex so afflicted withe the dayly miseries wroughte to her from her husband, tlid bring up all her children in as good sort as any gentleman in England wulde do, as in singing, dancing, playing on the lute and otlier instruments, the Latin, Greek, Hebrew, and Frcncbe tongues, and to write fair; everye on of them to that he was likelycst to do good in, but all wear by her appoynted and directed to the best course, that is, of lerning, and to have been professed scholers, but sum tokc on way sum an other, yet she still persisted her care in continuing them in this costly education, at sutche times as she was not only dayly robbed and pilled by her cruell and wast- full husband, but was most miserably afflicted in the law, by sutcs in Chancerye and other courtes concerning that smalc stay she had of the churche leases. And after she had broughtc up all her children to man's estate, and buryed her unthriftye and unkinde Linr.U FAMKLKUfi. 7 husl):in<l, she soUlc these; louses lor a competent sum of money, and, reserving u rent to licrselflor lier lile, did distribute tlic res^t among her 8uns, and so, after many trobles, did passe the latter end of her dayes in peace, contentment, and great devotion. My niother was tlic daughter of .loiix CoLTE, and was bom at Little Mundan in Ilartfordsliire in the lordsliip thear, l»er father K'ing tenant of it, who liad heUle it long, and his ancetors before him, as tenants to the ladye Bourchicr, heir of the house of Essex, and her anceturs. Her mother was Andukwes, born in Ilartfordsliire, and her brother's sun and heir is siii William Anduewes, that was hi«'hc shirife «)r Buckinghamshire 5° Jacobi. My mother and he wear brother and sister's children, and of verye kindc acquayntance. Sir William Andrewes was brought up in Grayes In, and was a coun- selor of the law and practiscr, and, growing into a great estate, left liis taking of paync, and betoke him self to a quiet life. My grandfather John Colte had a brother called IJoHEUT CoLTE that was a marchant of" London, whose sun was Colte of Wood- wicks, father to John Colt of Woodwicks now living, and that Robert Colte was father to my cosen Sands of Windsor, widow first to on Lamson of London, then to ahlerman Woodcock, and now widow to Miles Sands of the Miildle Temjile, that was clerk of the crowne, and was brother to archbishop Sands of York. My mother's bretheren and sisters that I knew and liave ij-.'5ue living wear John, her eldest brother, that ilyed a verye olde man, mutche above 80 ycares of age, and Thomas that dyed of the same yeares. Christopher dyed at Elbing in Prussia, and Elizabethe wife of on Fryer a marchant iii London, mother to Simon Fryer now living at Elbing, and to Marye wife of Thomas Cokayne of Clapham in the countyc of Surrye, gentleman, eldest brother to ritclie ^\'illiam Cokavne of London. tlu> mariliant. ^liliif. and alderman. !j)MrxD, my eldest brother, was broughie up at school uiuicr Mr. Iiichard Mulcuster, in the I'amous school of the Marchantavlors 8 Mlir.K KAMKLICUS. in London, and from tlioncc was sent to Cambridge to Christcs col- Icdfc, whcar liavingbccn well grownded in the liberall sciences, and mntchc fartbercd in bis knoled;i:c of tbc Latin, Greek, and Hebrew toiif^s. in wbicbe be was well instructed in tbc grammer scbool, be left tbe univcrsitye and came to Lincolncs In to study tbe common law, wbear, baving spent bis time among to good cumpanions, be betoke bimsclf to travail into forcyne kingdoms, by studyc and ex- perience to redeem bis mispent time; and to tbat purpose toke sbip- ping from London about Wbitsuntide 1587, and baving bestowed mutcbe time in forein universities of Rostock, Witenberg, Pragc, Rome, and otber places in Italy, Paris, and otber universities in Fraunce, and baving traversed over almost all countries in cbris- tendom,be fell into tbe good liking of mounsicur Desgnieres, governor of Provance in Fraunce, and by bim was put into tbc cbarge of a band of footmen, and in tbat service remayned captaync of tbat band at Massilcs and Grenoble so long as tbose wars continued, and afterward came to visit bis frends in J-^ngland, after bis absence out of tbc realm for tbe space of almost a dozen yeares, witbout becring of bim wbetbcr be wear alive or not, and being out of bope ever to see bim. After bis retorn into England, by reason of bis experience in forcyne afHiyres, bis knoledge in tbe tongs, and pleasant bebaviour, and f^reat libertye of bis wit in bis conversation, according to tbc Frcncbe fasbion, be grew into great goodliking of many Englisbe noblemen and gentlemen, but especially of Roger erl of Rutland,* witbe wbome be lived and conversed a good wbile, and by bis acquayntance witbe bim fell into an infortunate miscbance, for, on tbe 8 of February IGOl, [44] Elizabetb, wben tbe branesik meeting was of tbe noblemen witbe tbc erl of Essex at Essex House, tbe erl of Rutland, tbat bad maryed tbc daugbtcr of tbe countesse of Essex by ber first husband sir Pbilip Sydney, being sent for by tbe erl to cum to bim, met capteyne Wbitelock in tbc street, and toke bim alonL' witbe bim to Essex House, and so from tbence into tbe towne • Roger M.innprs, carl of Rutlan.l 1588—1^12. LIHER FAMELICUS. 9 in the fooHshe mutinyc, and for his being in that companye, alth<jnghe he retorned not hack t<j K«scx House, nor niude resistance withe the rest, yet he was had in suteliesuspition, by reason that hewasknowcn to bepragmaticall and niartiall, as that he was clapt up in Newgate, tlien sent to the Marshalsea, and from tlience broughte to tlie King's Benehe bar, to have been arraigned of highe treason, of whiclie he was cndited, but being broughte in to the court of King's Benehe was sent back againe, and afterward by privie seal, directed to justice Gawdye, was among othei-s committed to free custody, he to me, and others to tliear frends, and so continued untill lie was quite discharged, whiche was shortly after. This miserye, thoughe it had been bothe dangerous to his lite and verye damageable to himself, and to me above all his frend;*, yet was not it an expiation of all his calamities : for, after king James came to the crowne, in the Parliament time, when the powder treason sholde have been executed, it was his ill hap to dine togeather withe the erl of Northumberland and Persey, the principall agent in that treason, the day before it sholde have been executed, and by reason thearof grew into great suspition withe the counsell, and by them was first sent to the Tower, after to the Fleet, but, after long imprisonment, was delivered, nothing appecring by any cxamina- tiuns that he was acquaynted withe the businesse. After his deliver- ance out of prison he lived with most dependancye upon the erl of Northumberland,* and had licence to resort unto him in the Tower, after his imprisonment thear upon the censure in the Starchamber. and so passed his time in mirtheand good companye untill ho dvod, • There are several papers in the State Paper Office relating to this charge against capt. Kdmund Whitilocke: see especially the letters of Timothy lllks, 1*311, July 16 an<l Sept. '2S, noticed in Mrs. Green's Calendar of the Domestic Papers of king James I. It would seem that the earl of Xorthuiul>erland allowed capt. Whitelocke a pension of 40/., afterwards increa«ed to 60/. Among his friends are enumerated the earl of Westmorland, " who gave him money," and mr. Kmerson, of Little St. Helen's, •' who rclievetl him very often," Mr. Martin of the Tenipln, Inigo Jone*, and sir Henry Ciowlyere, were also " much con- vernant " with him. A slight acijuaintance between sir Walter Kaleigli and capt. White- Ux-ko occasional Raleigh to be suspected of a knowledge of the plot. CAMD. SOC. C * 10 LIHEK FAMELICUS. wliiche was of a surfeit, by distemper of the weather, about Barthol- inew tide 1608. He was then at Xewliall in Essex, withe the erl of Sussex,* and foil into suche a distemper of body by the unseason- ableness of the weather, boinpr cxtream hot, and by his overcare- lessnesse in the ordering of himself, that he was taken withe an ex- traordinaryc loosenesse of bodye, whiche weakened him verye mutclie, and upon it was let blud, and not long after went away quietly as in a slumber. He was honorably buryed by the erl of Sussex in the chappell of his ancetors, and was attended to the buryall by the erl himself.f He was well grownded in leming, bothe philosophye and all other humanitye, and well seen in the tongs, bothe lerned and ordinarie, as the Frenche, Italian, Dutche, Spanishe, but especially in the Frenche, whiche he acted so naturally as he was taken for a Frencheman whear he was not knowen. He was exceeding pleasant in his conceit, and so good a companion that he was mutche esteemed of for that by divers great men. He was ex- tream prodigall and wastefuU in his expence, verye valiant, as was reported by those that knew his demeanor in forein countrycs, and by that he did heer at home ; for, in the great quarrell between the erl of Northumberland and sir Frauncis Vere.J he caryed the chal- lenge from the erl to sir Frauncis into his owne lodging, and ther delivered it unto him, and having afterward herd of sura shamefull speeches given against him by the knight, meeting sir Frauncis in his coatche on morning, cumming from Wilton, whear the king lay, * Robert Ratcliffe, earl of Sussex 1593—1629. t The observations of sir James Whitelocke on the death, interment, and character of his brother Edmund, arc singularly borne out by a letter of Dudley Carleton, dated 20 Sept., 1608, to a knowledge of which I have been led by Mrs. Green's Calendar of the Domestic Papers of James I. in the State Paper Office. The letter is addressed to John Chamberlain. "All the newes," the writer remarks, " I have for you is, that capt. Whitlock, in this miserable time, moran' inter homines desiit, who is so lamented by all bon companions as yf the world had not bin worthy of him. His death was sodaine, as were all the actions of his life, and as he livde amongst lords, so was he buried in a vault amongst my lord of Sussex' ancestors, at whose house he died." J The particulars of the " great quarrel " alluded to are printed in the old editions of CtiUins's Peerage: see vol. v. p. 428, edit. 1768. I.llihK I AMKLICUS. 11 unto Salisburye, he stayed his coutche, and came to the side of it, and provoked sir Frauncis to fighte withe liini, but he answeared he was not provided for sutche a businesse. Thearupon the capteyne drew out his sword, and ottered it to sir Frauncis, and tolde him he woldc furnishehim, and toke another from his boy, but the sage knight put liim of, and was content to part rather withe a disgrace- ful! word then a blow, but thes being herd of at the court, warrants wear sent out for him by tlie counsell, so that he was fayne for a good while to hide himself; and this was in ]\Iichaclmas terra 1" Jacobi, when by reason of the siknesse the term was kept at Win- chester. KiCilAHD, my second brother, was sent over sea, being about the age of sixteen yeares, unto Christopher Colte, my mother's brother, to Dansk, and lived withe him in travail in tliose estern countries untill he came to man's estate; and afterward raaryed a gentlewoman of that countrye, on Katharin Dambits, by whome he hathe many children. He hathe tasted of many varieties of fortune, sumtime good and sumtime bad, and hathe travayled over many countries, and by the unccrteynty of tralique hathe susteyned great losses in his estate. By reason that his wife had a good patrimony of land by enheritance Irom her father, he abidethe at Elbing and those partes, whear slie was born and her land lyethe. William, that was the elder born of us two, was broughte up withe the rest in Icrning, but had no minde to it, and thorfure was bound apprentice to a marchant in London, but when the Portugal! voyage was undertaken, he left maister and thrift and all, and put himself into the action, and so fell from that civill course to a martiall life. He was brought up from shipbord, at his return, in a sheet, lie was so extream weak, and tlid hardly recover again by my mother's frreat tendernesse of him, and, when he was well againe, followed o the warrs altogeather. He served sir iMauncis Drake in his ehamber, and followed him to the (iroin, an.l his other sea voyages, and behaved himself veryo valiantly, to the goudliking of his maister, and so continued in his 12 LIBER FAMKLICUS. scivicr lint ill sir l^raiincis dyct] at sea, at wliichc time lie was nccrest about liim, aiul put on his armor upon liima little before his deathc, whic'he lie wolde have doon, that he might dy like a soldiour. Sir I'rauneis gave him divers ritehe legacies of plate and Jewells at his (loathe, Init lie was ransaked of all by the brother of sir Frauncis, and by nieer wrong barred from his maistcr's bountyc. lie followed that course of life, untill at the last, going forthe in a ship of war from London to the Indian seas, he lost his life in a conilict withe the Spanyards. lie was a verye tall young man, strong of l)ody, flaxen hear, fair of complexion, exceeding wastfuU in expence, and carc- Icsse of all worldly matters that tended to thrift. He was about the age of 27 yeares olde when he dj'cd. I was brought up at school under mr. Mulcaster, in the famous scliool of the Marchantaylors in London, whear I continued untill I was well instructed in the Hebrew, Greek, and Latin tongs. His care was also to encreas my skill in musique, in whiche I was brought up by dayly exercise in it, as in singing and playing upon instru- ments, and yearly he presented sum playes to the court, in whiche his scholers wear only actors, and I on among them, and by that nieancs taughte them good behaviour and audacitye. I was elected from the school to be orobationer of St. John's Colledfje in Oxon, II Junij, 1588, mr. Frauncis AVillis being then president of the colledge, but the electors of the col ledge then present wear, liaphe Ruvens, then master of art and vice-president of the colledge, and John Pcrin, then master of art and also a senior fellow, now doctor oi' divinitye, and the last Greek reader of Oxon; the third was William Dixon, that sithence died a beneficed man in Kent. Thear was chosen withe nie, at that time, out of the school, George AVrighte, sun of Thomas AVrighte of London, vintencr, that dwelt at the Bore'ti Hed in Estcheap, who sithence, having good enheritancc descended to him, is now clerk of the kind's stable and a knifdite, u verye discreet and honest gentleman. That summer after was the terril)le shew of the sea armada from Spayne, whiche was a little distemper to the quiet course of studyos, the countiyt's bciui,' all up in anncs. My tutor was Row- laiitl Scarelilcild,* then u yong bachelor o( arts, now a doctor of divlnityc [afterward bishop of Bristol! f]. I continued the study of l<>^t,d(iu(' and the artes, but above all of hi«toryc; in whichc I tokc fj'reat delite, and especially in Titus Livius, in whoine I was vcrye perfect, and labored mutche in the Hebrew and (Jreek ton^s, for I had herd a reader of the Hebrew tong at London that was reputed tlie fiimosest in that language about the towne. His name was Hop- kinson, he dwelt in (uub Street, an obscure and simple man for worldly affiiyres, but export in all the lefthand tongr^, as Hebrew, Chaldean, Syrian, Arabian, and writ them vcrye fair: he had at tliat time great lerned men that consulted him in those languages, and especially dr. Andrews tliat is now bishop of Chichester. | He red unto me all dubo, and twenty Psalmes, and a part of Genesis, and after I had taken my lecture from him, whiehe was after five of the clok that I went from school, I woldc duly, after supper, make a praxis of that I had herd, and set it downe in writing; by reason whearof, the winter before my going to Oxon, I sate up duly everye nightc unlill 12 of the clok or veryc neer, and this brouLrht me into a dangerous disease in my legs, so tliat I had ten or twelve issues running on them continually, whiehe made me veryc iltint, insomutche tluit I sholdc fall in (pialmes verye often; but before my going to Oxon, I was let blud and cured, and thear Avithc violent exercise kept my full bodye, and growing humours, in low state. I red Aristotle in (Jreek, and spent my time diligi'utlv in lotriuue and the artes. 1 was bound to study, by the order of the house, un- till November, 1.389, and then upon the resignation of on mr. Ko^er Web, a fellow of the collcdge and a bachelor of the law, I was admitted into his [)lace of a civilian, and so made a lellow of the collcdge. ^ly minde IkhI a f.nthcr rt'atthe, lor I ever had a purpose to avme • Kowlaiul Searclitiilil, vicar of Cliarlldiry, i-o. Oxford, l)islii)i) «>f Bristol 101 1> ]ij>'22. t Sulisfiiuciitly inserted. + Lancelot An<lre\vis, liisliop of C'liicliester 1005 — lOOi*. 14 LlllEi: i-AMKLICUS. at the study of the common law. My ownc observation, and tlic experience of my mother, of the best courses, pcrswaded me to draw that way as conveniently as 1 coidde, and therforc be^^an to joyne the study of the common law withe the civill, being encoraged mutchc thcarunto by a book set out by dr. Cosins, the dean of the arclies, intituled, " An apologyc of the ecclesiastical proceedings,"* in whiche 1 saw how great use he made of his knoledge of the common law to upholde the autliority of his ownc profession, and to direct others of his place. i\Iy only exercise of body 1 used, was hunting of the hare on foot, whiche I used very labouriously, but never so as tliat I detracted my times of study or scholasticall exercises by it. ^Iv purpose so succeeded wlthc me as that I became admitted into New In in Michaelmas term l.')9(), and went into commons thcar for a while, but was not knowen to any of tlic colledge to intend any sutche course, for, out of the term at London, I kept the colledge, and my exercises thear, as I had doon before. I was admitted of the Middle Temple 2° Martii 1592, and kept in commons from that time, at all sutche times as I coulde have dayes, by ordinarye licence, by grace, or for furthering of the colledge businesse, to be absent from thence. Keeping thus by turnes in bothe places, I did my exercise in the divinity school, for my degree of bachclar of the civill law, in Lent 1594, togcathcr withe mr. Thomas May and on mr. Wood, a fellow of Allsoules, and 1 was presented baclielor of law, togeather withe mr. Thomas May, by Albcricus Gontilis,t regius professor in law, at Mldi^ummer 1594. I held my colledge still, but almost nltogeather in commonp at London, for the president that tlun was, mr. Raphe IIuchons<»n, that succeeded doctor Willis, was willing to allow me dayes in the colledge behalf, to dispatche them of thear businesses and chargeable • Lon.lon, I to. 1593. t Doctor of civil law of the university of Perugia, incorporatetl at Oxford (j .Marcli, 1581. Wood's Fasti, i. 217. LinER FAMELICU8, 15 journeys to London; and so I kept my rdlowship untill thecollcdge thou^dit lit I sholdc inakt; :i pliire voyd, whicho was at tlic election 11 Junij, 1598. About two yeares alter, tliat was in Augu-t 1600, I was called to the bar by jur. Nicolas Overbury ot" Gloccstershire, then reader. At Michaelina.s Idol tlie colledge of St. John in Oxon iK'Stowed on me the t^tewardship of thear lands, and nir. Ilieroni Xashe then left it. 9 September, 1()02, at Bceuui-lield, in the countye of Bucking- ham, I maryed Elizabethc Bulstrode, eldest daughter of Edward Bulstrode esquier, who was tlien dcd, and of C'ecill his wife, daughter of olde mr. Croke olCiiilton, afterward sir John Croke, and 1 hade witlie her a competent portion, as in tlic deeds of our mariage ar expressed. She was born at Ilugley Bulstrodes, in the countye of Buckingham, the last of July 1575; so she was 27 year olde, and 1 within two monethe of 32, when we wear marycil. Her father dyed about seven yeares beibre. He lived in good creadit in his countrye, and had been highe shirif thearof, and long in commissiion of the peace. His ancctors had been of verye ancient continuance in Buck- inghamshire, and born the best and most worshipfull offices in the countrye. I had ol my mother in law for portion oOO/. in reaily money, my wife verye well appareled and furnished withe Jewells, as withe the border she now hathe, and other good ons beside, and I had my bord gratis on year and an half; see the covenants of mariage. Elizabetiie, my eldest childe, was born at Beconsfeild, in the countye of Buckingham, 6 October, 1603, and was christened thear. Her godfather was mr. George Croke of the Inner Temple; her god- mothers, my wife's grandmother the olde lady Croke, who gave her her owne name, and my wife's mother mistress Cccill Bowstrcd. BULSTUODE WiHTEL<)CK,my sun, was born in Fleet Street house, 6 August, 160.>, and was christened thear in St. Dunstan's churche.* * "Aug. I;*. llulstrtHlo iioii t)f Jaini>« Wliiu-lockc gentleman." Kogistcr of St. nunfttun'it, ill C'lillcctanua Topogr. et (.-Jfiiottl. v. 30'.'. 1() Lir.KU 1 AMKLICUS. His o-odl'atlicis wear inr. lleiuy Buliitrodc of Ilcdgely liulstioiles, my wile's eldest brother, and Captcyn Whitelock, my brother; his god- mother was iny ownc mother. He was christncd 19 August, lOO.j. Mahyk, my daughter, was born at Iledgely Bulstrodcs, in liuck- iu'diamsliirc, G October, lOOfi, and was christned in the chappell thear, 16 October following. Her godfather was mr. John Buck- ridn-e, doctor of divinity, jn'csident of St. John's Colledgc in Oxon, archdeacon of Northampton, canon of Windsor, prebend of Here- ford, and vicar of St. Giles in London, iny ancient frcnd and coUeguc in St. John's coUedge in Oxon;* her godmothers wear my brother Ikilstrode's wile, that was mr. Thomas licadc's daughter ol" ]5ark- shirc, and An Bulstrode, my wife's sister. I was made Recorder oi' ^^^)odstock 1 Augusti, 1606. On the 21st of February, 1606, 4 Jacobi, dyed my kinde, godly and loving mother, having lived a goodly time; thecerteyn number of yeares she could not tell, but herself and her kindred reconed her neer fourskore. She overlived all her bretheren and sisters, saving on, that was Thomas, who was elder than she, and lay sik when she died, ether comforting other withe messages of thear desire to depart. She went away even withe olde age as a candle that goethe out. She did brcake mutch the beginning of winter, and so drooped untill she toke her bed, whiche was about a monethe before she dyed. She toke her leave divers times of me and the rest, expecting to dy that nighte, but it pleased God to continue her longer than she expected, and she departed about 2 of the clock in the afternoon, and 1 was withe her about 12. She had her senses and meinorye to the last gasp, and was full of spirit and comfort among her children, and she often remembred herself on her deathe bed to my wife and cliildrcn, whomc she loved most deerly. She was buryed in Alder- marye churche, in the chauncell thear, 25 February. She dyed in that parishe, and thear preached at her funerall doctor John Done, the parson, that had been my acciuayntance when he was of Christ- churche in Oxford. * Afterwards bishop of Rochester IGIO— 102?, and of Ely 1G2S— 1G31. I.IUEK FAMKLICUS. 17 Cecill, MY DAUGUTEU, was born in Fleet Street house, lOMartij, 1607j 5 Jacobi. Shewascliristencdin St. Dunstan's cburclic,26Martij, being Ester even. Her i^odCatlicr was sir Jolni Harrington, knighto of the bathe, sun and heir to tlie lord Harrington, and on of the prince's gentlemen <jrdlnarye ; her godmothers, my wif(.-'s sisters Cecill and Dorothy BulstnKld, gentlewomen of the queen's bed chamber. In June 1608, my mother in law, mrs. Cecill Bulstrod, maryed sir John Browne, of Flamberds in Essex. He is descended <>f Browne that was maior of London in Edward the 4. his raii'ne. The 7 day of Februaryc 1608, dyed at London, Henry Ckoke, my wife's unckle ; he was judge of the maior's court, in London, and on of the commissioners for lines for alienations. The 10 day of Februar. 1608, dyed at Chilton in Buckingham- shire SIR John Croke, my wife's grandfather. He was the first sheriff of Buckinghamshire after the statute. His father was on of the six clerkes when cardinal Woolscy was chancelor, and on of the lirst that was maryed after the statute made for enabling them to marye. He, sir John, was born anno 1531, 4 Junii, 23 Henry YHL, so when he dyed he was 77 year olde and 8 monethes and od dayes. He left behinde him Elizabethe his wife, who liad lived withe him in matrimonye since May 1553, whiche was almost fifty-six yeares. She was the daughter of sir Alexander Linton of Barkshirc, and sister to sir Edward Unton. Old mr. Croke, the fiither of sir John, was on of the maistei-s of the chancery when he dyed, as appeercthc by his tomb in Chilton churche; he was buryed a" 1554. The mother of the olde lady was Cecill BoAvstrcd, daughter of Edward Bowstred, fiithor of George, fatlier of Thomas, father of Edward my wife's father, and was a mayd of honor to Kathcrin first wife of Henry A'lll., and by that means was maryed to sir Alexander Unton of Barksliiro, who had gootl iavour and benefit by the matche. She lyethe buryed at Farington in Barkshire. After the deathe of sir Alexander she maryed mr. Koylway, surveyor of the Court of Wardes, by whome she had the lord Harington's wife. CAMD. SOC. D 18 LIUEU FAMELICUS. An Bowstked, iny wife's sister, 24 Junij 1609, at Hedgcly Bulstrodes, was mavyed to John Scarl of Lincoln's In, esquicr and counselor at law. Then he dwelt in the towne of Southampton. He had 500/. in money withe her, and 40/. toward her apparell, and made her a lOOl. the year joynture. Cecill Bulstrode, my wife's sister, gentlewoman to queen An, ordinarye of her bedchamber, dyed at Twitnam in Middlesex, the erl of Bedford's house, 4 August 1609. Joan WhiteloCK my fourthe daughter was born at Hedgely Bulstrodes, the 6 of August 1609, and christined in the chappell thear upon Fryday the eighteenthe day of the same monethe. Her crodfather was my brother Searl; her godmothers, Eliza, wife of sir John Tirrell, of Heron in the countye of Essex, kuighte, and sister to my wife's mother; the other godmother was mrs. Elizabeth Waller of Beconsfeild, widow.* I was desirous to have her named Joan, in memorye of my good and kinde mother, who had that name. The 6 day of December 1609, anno 7 Jacobi Regis, I was made steward of Eton Colledge by Windsor, and the same day the provost and fellowes did appoynt me to be thear counsell for the coUedf^e, and for that to have 4/. annuity by the year, besides the fees in my patent for the stewardship. These places became voyd in the colledge by the departure of mr. Denham into Ireland. This mr. John Denham was a reader in Lincolnes In, and, being a man verye well thought of for his lerning and discretion, in Ester term, 7 Jacobi, was made sergeant at law and knighted, and so sent cheef baron into Ireland. He succeeded in these places in Eton Colledge mr. Richard Tredway, that was a doble reader in the Inner Temple. The meanes I had to cum by these places was only the goodwill of sir Henrye Savill, the provost, towards me, who sent unto me to cum to him, and toldc me he had had many sutors for it, but had kept it for me. I never spake word to him, or any man else, of it before. * Grandmother of the poet. LIBKIi FAMKLICUS. 19 My unkle George Croke was admitted of the Inner Temple, Hilary, 17 Elizabeth; was called to the bar, Hilary, 26 Elizabeth. Memorandum, that the 9 of February 1609, being the first day of the session of Parliament, I was retorned burgesse for the borroughe of Woodstock, in the countye of Oxford, in the place of sir Richard Lea, brotlier of sir Henrye Lea, that dyed burgesse. It was ever usual with them to elect thear recorders burgeses; but, my lord chcef barron being recorder tliear when he was sergeant at law, was chosen knighte of the shire, and by reason thearof sir Richard Lea and mr. Thomas Spencer, sun and heir of sir William Spencer of Yarnton in Oxfordshire, wear chosen burgeses. Joan, my yongest daughter, dyed at Beconsfeild the 8 of May 1610, and was buryed in the churche thear. The seventh day of May 1610, I was by patent made joynt steward with Lewes Prowd of Lincolns In esquier, of the lands and possessions of Westminster CoUedge, and joynt grantee of the yearly fee of 10^. between us. I came in by the surrender of GosnoU of the Middle Temple, and by the favour and frendship of doctor Richard Xeel, bishop of Rochester, and dean of the colledge of Westminster [elect of Litchefeild].* My verye good frend mr. justice Williams was removed out of Oxfordshire circuit, whear I had followed him sithence his first cumming into it, whiche was in Lent 1" et 2° Jacobi, the second Lent of the king's raigne, and the next Lent after his being made a judge, Avhiche was the last day of Hilary term 1° Jacobi, and he was joyned withe the lord Cook in the Norfolk circuit, and into the Oxford circuit was sent in his place sir John Croke, on of the justices of the King's Benche, brother to my wife's mother. [This summer assises 1610 and Lent following, and then justice Williams came back, and justice Croke went into Norfolkf.] * The words witliiii liraekets were inserted afterwards. Dr. Neile was successively l.ishop of Rochester, 16(tS-10; of Liehliold and Coventry, lClO-lfil.3 ; of Lincoln, 1613- 1617; of Durham, 1617-1627; of Winchester, 1627-1632; of York 1032-161O. t Inserted afterwards. 20 LIIJEK FAMELICUS. M\ DAUGHTER DoROTiiYE was boiii ill my liousc ill Fleet Street, in the parislie of St. Diinstan's in the West, the 15 day of September 1610, in the 8 year of the raignc of king James. The christning was appoynted to have been the second of October following, and godfather was invited mr. Ilumfrey IMay, on of the groomes of the king's privic chamber; godmothers the lady Wrighte, widow of sir Robert Wrighte, and mrs. Marye Crokc, wife of mr. George Croke, my wife's uncklc. The childe was a verye strong childe, likely to have lived, but was trobled withe an extream stuffing of fleam, having caughte a colde, as it was judged, in the verye birthe, her mother having a long and difficult delivcrye, in so mutche as, upon Sunday morning, about 7 of the clock, being the last day of September, fearing it mighte dye before we wear aware, seing a great change in it, and desirous to have it christened before it shold go out of the worldc, I did desire mr. Richard Martin of the Middle Temple to undergoe the place of a deputy for mr. May, and mrs. Crokc, widow of mr. Henry Crokc, to be deputy for my ladye Wri<Tlite, and so, withe the presence of mr. George Croke's wife, the other godmother, I cawsed it to be christened by the minister, in my house, 30 September 1610, at 7 of the clok in the morning. The childe lani'uished and dyed the same day between on and two of the clok in the afternoon, and was buryed on Llonday the first of October followinrr, in St Dunstan's churchc, and so God toke her to his immediate provision, that if she had lived in this worlde mighte after many yeares have been farther from the assurednesse of etcrnall happinesse. I gave her the name of Dorothy for the respect I had of her godmother, THE lady Wkighte, whose name was Dorothye. She was first tbe widow of mr. Francis Ham[?] a pensioner, and was then maryed to Robert Wrighte w^ho was tutor to the crl of Essex, last attainted, and continued withe him in service untill he was prefeiTcd by him to be clerk to the stable to queen Elizabethe, the erl being then maister of the horse. After the king came to the crowne he was knighted by him, and so lived and dyed a grave LIBER FAMELICUS. 21 and sober man, meanly born in Shrewsbury, l)ut attayned by his virtue to good estate and quality. She had no issue by ether husband. Mr. George Croke's wife was Marye Bennet, on of the daughters of sir Thomas Bennet, late maior of London. She was maryed to mr. George Croke, being an ancient bachelor, withein a year or thearabouts of 50, and she under 20 yeares of age. This fel out unexspected to his frendcs, tliat liad conceaved a purpose in liini never to have maryed. Mr. IIumfrey ISIay wa.s the sun of mr. Ricliard May, a worshipfull citisen of London, and my acquayntance began withe him in St. John's Colledge in Oxon, at my first being thcar, anno 1588. I came in June, and he in September following, and from that time we continued good frcndes untill we came chamberfellowes to the Middle Temple, and lived so togeather manye yeares, he being a towardly student, and a principal reveller. At the lord Mountjoy's going into Ireland, doctor Latewar and he went over in ordinary withe the baron, and so lived thear withe him untill the baron returned. After the king came to the crown, and the lord Mountjoy was created erl of Devonshire, and made a principal counselor, mr. May got into the place of a grome of the privic chamber, by buying out a Skot that had it. Gawcn Champineys, my first clerk that 1 had, came to me at Whitsuntide, 40 Elizabethe. Anthonye Bull came to me in Hilary term, 45 Elizabethe, 1602; the term before the deathe of good queen Elizabethe. John Grifliuj my servant, came unto me at ^lichaelmas 1606. [Went from me at ^lidsummer 1613, sed rediit statim.*'\ Richard Oakly came unto me, Trinity term 1609. I was possessed of a farm in Oxfordshire, ncer Witney, whiche I bought of on Richard Brian; thcar being 7 yeares to cum in my estate of an olde lease made by sir Thomas Pope in Henry the 8 raigne, the reversion being in sir William Pope, of Wroxton, in com. Oxon. when I boughte it, whiche was in Trinity term, 4 • Added subsequently. 22 LIBER FAMELICU8. Jacobi. And having a great liberty to cut "woods by my lease, 1 made oiler of it to sir William Pope, and referred it to mr. Thomas Chambcrleyn of Grayes In, being of his counsell, to arbitrate what I shold have, and he made an end and agrement between us, by whiche sir "Williani Pope shold have had all my interest in the thing, during the term, at an Improved rent; but the gentleman skorned it anrl me, and thcrforc, in Lent following, 1 cawsed about 1,200 trees of oldo growethe to be cut down in a coppice called Coggs Coppice, whiche 1 had no sooner doon but sir William Pope took possession of the wood by force, entrenched up the gates, kept thear a garrison, and committed many outrages, as by the proceedings in court dothe appeer. At summer assises following, whiche was 5 Jacobi, divers actions wear brought downe against me and those that had boughte the wood of me, to be tryed at Oxford assises, but the knighte durst not proceed in any of them. I gave information to the justices of assise, in the open assises, of the outrages had been committed by sir William in the woods kept from me by force, and of his contempts to the justices of assises' warrant, for whiche misdemenors, he was commanded of from the benche, sitting next to the lord Say, to the custody of the shirif, untill he found security by recognisance, himself in 500/., to bring forthe sum of the rioters he had set on work. I remember when he arrose up in his place upon the benche, making accoumpt toanswear the accusation, thear as ho stood, he was commanded by the court to go to the bar, and justice Yelverton told him he was fitter to leade the rebells in Northampton, (whiche lately beibre had * been in commotion,) then to sit thear as a justice of peace. Thear was great speaking and talking over all the countrye, of this noble and stout peece of justice, shewed by these worthy judges, sir David Williams and sir Christopher Yelverton, justices of assise. The force was removed by the order of the justices, but they wear no sooner gone out of the countrye onward thear circuit, but sir ' at in orig. LIBEli FAMELICUS. 23 William Pope began new niischeefes, and in my absence in the circuit, withe a replevin fetched irom London, being generally de bonis et catallis, came to the wood withe 200 cartes, and caryed away all my wood. Not contented withe this, he coniplayncd to the king of" mr. justice Williams, that he had unjustly disgraced him, and wrongfully im- prisoned him, making tlirther complaynt oi" partiall dealing. The king required the whole body of tlie counscll to examin the truthe of it. They herd the matter in Michaelmas terna 5 Jacobi, bothe parties being present, the judge and the knighte, and upon hearing committed the knighte withe great disgrace to the Fleet, and acquited the judge to his great honor, as by thoar urdcrr cntred in the coun- sell book dothe appeer. The knighte molested me exceedingly withe sutes in the King's Benche, Chancerye, and Common Pleas, but did quickly lag in all of them. 1 preferred a bill in the Starchamber against him and his, Michaelmas term, 5 Jacobi, to whiche sum that answered began to confesse the truthe, so as mr. Chamberleyne was made a mean to take up the matter, but I had an expresse commando from the chan- celor not to compound without the privity of the court. I therforc had leave of him in Trinity term, G Jacobi, and hail an end presently after by selling of all my interest unto him. My counsell in the chancerye wear mr. James Wallrond and mr. John Walter; in the Starchamber, sir Edward Philips, the king's Serjeant, and mr. Walter. This is the abstract of my troble withe that knighte, hut the whole cariage of the eawse will lully appeer in the bookes of pleadings and proceeding in the several 1 courtes in whiche our sutes wear depending. This siu William Popk came to all his land from sir Thomas Pope, elder brother to John his father, whiche sir Thomas dyed without issue, being a man of great possessions, whiche he attcyncd unto by his service to Henry VJU. at the suppression anil afterward in the Court of Augmentations. Sir Thomas Pope was the sun of a poor and mean man in Deddington, or Denington, in comit. 24 LIBER FAMELIOUS. Oxon. within 4 miles of Banburyc and over against Somerton, and was born thcar; was brouglu up from a boy as a skribe and clerk by mr. John Crook, on of the six clerkes when Wolscy was chancclor, and so lived witlic mr. Croke untill after the suppression. The lord Awdly made a motion to mr. Croke to help him to sum ready and expert clerk to imploy in the king'.s service about the suppression businessc, and mr. Crooke preferred Thomas Pope unto him, being then his houshuld servant in liverye, whiche was the first true step of all his following good fortune. This mr. Croke was my wife's great- grandflither, and I have herd her grandfather sir John Croke often say, that at his christning Tho. Pope, then his father's man, caryed the bason, and sir Thomas Pope by his will gave this sir John Croke sum of his best rayment, as a token of his love unto the house and familyc. In the Session of Parliament February 1609, the setting on of impositions by the king upon marchants' goods without assent of parliament was presented as a greevance, but it was shaken of by the king's Icrned counsell upon the creadit of the judgment given in the Eschequer in the case of the currants. But this did not satisfye me, for I only opposed my self at the first to the recciting of it, and so toke hold a little. It was put of untill another time, and then I tokc better hold, and at the last it came to a dispute in the house manye dayes, whether it shold be presented in poynt of right as a greevance, and it was concluded, upon full satisfaction by ancient recordes out of the Tower and Eschequei-, and by many statutes. The whole proceeding is otherwise amplye related by the clerk of the parliament, and sec my treatise, whearin is expressed the most alledgcd for the righte of the subject. I do not entend to report any thing doon in the parliament house in this book, whiche I imploy to meaner matters, but I have among ray papers the grevances exhibited, bothc spirituall and temporall. I was acquajmted only withe the temporall ; thcar i? also bothe the king's answers, the remonstrance sent unto him by the house upon his inhibition to restreyn us to dispute his righte to impose, and Lini:il FAMELICU9. 25 yow shall findo also, withe iny argument of the Impositions, the copies of all the recordos cited. My daughter Marye dyed the 3 day of Jum- 1011, in my house in Fleet Street, of a coughe of whiche she lay silc in great extremityo above three weekes, and Avas consumed by it unto nothing. Sho departed this life between the howers of 1 and 2 in the mourning, and was burycd in St. Dunstan's churche the 5 day of June following; she shold have been 6 yeares olde on the fi day of October following. Upon Midsummer day, early in the morning, dyed at Chilton, dame Elizabeth Croke, widow of sir John Croke, my wife's grand- mother. She was 73 yeares of age upon the feast of the Annuntia- tion 1611. She gave my wife by will a salt gilt of 12 oz., and 51. to my daughter Elizabeth, her goddaughter, and certeyne linnen to my wife. An wife of John Serl, and sister to my wife, having laycn long at phisik to be cured of the distraction of her minde, which held her withe a kinde of mopishenesse and a religious desperatenesse, still crying out of her sins, and shewing fear of God's judgements against her, dyed in October 1011, at the house of on Panton in Sussex, whcar she lay at cure, and being broughte to more quictnessc of mynde and to hope of recoverye. She was a very modest religious gentlewoman as ever I knew any, and ever lived [a] most godly and virtuous life. On Richard Scot that dwelled in Cluar House before me, that was to leave it at Michaelmas 1610, at whiche time his term ended and myne began, being stirred to malice bycaus he mightc not keep it, committed great wast upon two or three dayes before his term ended, for whiche I commenced a sute against him in the Eschequer chamber, in the name of Andrew Windsor, lessee for years to the king of the house wasted, and recovered, this term of St. Michael 1611, 30/. damages, and 10/. costcs of sute. Dorothy sister to my wife, that had maryed sir John E}t, sun and heir of sir William Eyr, of Wiltshire, without consent of CAMD. 80C. E 26 LIBER FAMELICU8. frendes on either side, Avas this moneth of October 1611 delivered of a male childe by him, whiche was christened William, at Flamberds, the house of sir John Browne that maryed her mother. This matche, besides the blame it hathe for being made without the consent of parents, had this misfortune, that the man is on of the most dissolute, unjust, and vitious reprobates that livethe upon the face of the earthe. I did lend unto my ancient frond MR. DOCTER BuCKRiDGE, against his consecration to the bishoprik of Rochester, whiche was in June 1611, 400/., upon his own bond. He kept in cotnmendam withe it the parsonage of South Fleet in Kent, the vicarage of St. Giles in London, and his place at Windsor. This 1 set downe to shew my love unto him, and how far from covetousnes he had lived. My good and ancient acquayntance doctor Thomson, dean of Windsor, was consecrated bishop of Gloucester at the same time, and doctor King, bishop of London from the deanrye of Christchurche in Oxon, in September following. Upon Sunday the 17 of .May 1612, 10 Jacobi, MY SUN James was born in my house in Fleet Street, between the howers of three and fowcr in the morning. He was christened in St. Dunstan's churclie, upon ]\Iunday the 25 day of May. Godfathers wear sir William Bulstrode, and mr. Ilumfrey ^Lay, that shold have been for Dorothye; godihother, the old lady Dorothy Wrighte, widow of sir Robert Wri<rhte of Richemond, clerk of the king's stable. I invited her and mr. May bycaus they had bespoken sutche an office, and it was intended to them at the christning of my last childe, but bycaus she dyed so soon they could not then perform it ; vide p. 20. Mr. Humfrey May at this time had given over his place of groome of the privie chamber unto his brother Hughe May, and had gotten of the king a new office, to be agent for the kingdom of Ireland, as it wear secretarye, or referendarye, for all businesses to be had in hand by the king for the state of Ireland. Sir William Bulstrode was sun and heir of Rich. Bulstrode, brother of George father of Thomas, father of Edward, father of my LIBEK FAMKLICUS. 27 wife. He maryod the widow of Clmiles Brook of the west coimtrye, that was of the lord Cobham's house, and had a good part of the possessions of tliat house after the attaynder of the lord Cobham and his brother. She was before the widow of on Gunston, an Essex gentleman. She was by family a Baskerville, and sister to justice Owen's wife, that was mother of Sir Roger Owen. Upon Tuesday the 7 day of July 1612, the graunt of sir John Roper's office unto Robert Hcathe of the inner house and myself passed the great seal. The conditions on whiche it was granted to us appeer in the endentures of covenant. Mr. Heathe, thoughe puisne, was named first, bycaus he was in the former patent. Memorandum, that the mother of sir Frauncis Knowles, that was tresorer of the house to queen Elizabeth, and of her privie counsell, was daughter to Richard Bulstrode, ancetor to my wife, and this I set downe by the relation of olde mrs. Skydmore of Chilton, now living, in September 1612, who was daughter to George Bulstrode by on of the daughters of sergeant Pigot. George was sun to Edward Bulstrode, Edward sun to Richard, Richard to William, who wear thus matched. William Bulstrode maryed the daughter of William Norris of Bray, of whome is descended sir John Korris of Lawrence Waltham now living, and the lord Xorris his line, as I am informed. The coat of Bulstrode is advanced in the lord Xorris his house. See the inscription in the chappell of Hedgelye for this matche. Richard Bulstkodk, sun of William, was servant to Margaret wife of Henry VI., and after was controller of prince Edward's house, sun to Edward IV., as appeerethe by bills signed by him under that name, now in my brother Bulstrode's hand. I conceive that he, being a man plausible, could well tell how to change his service from queen Margaret to prince Edward, and therlbre I gesse he chose the poesye now standing in the windowes at lledgcly, " Do t») please " and " Fac placcre.'' See the prince's armes in the window. Richard maryed the daughter and heir of on Knif of Buckingham- 28 i.inr.u r \Mr.M( r>. shiiv, l»y wlionie he lia<l tlio t'nhcritanco also of Wyot, Clopton, Thorn, l)cing lanclos of good value about Ilorton, Colbrook, Langly, and other towncs thcarabouts in Bukinghamsliirc. Edward, sun of Kichard, was cpquier of the body to Henry VII., as appeerethe by a tomb stone at Uj)ton churclic in Buckinghamshire ncer unto Windsor, whcar lie was bury od. He marycd tlie daughter of sir Kichard Empson wlio was a counselor at the law of the Middle Temple, London, and was of the privie counsell to Henry YII., and was attainted by Henry X'lII. for his profitable counsell to his father, and I wishe sutche counselors may never misse of sutche rcwardes. George, sun of Edward, maryed on of the daughters of Pigot of Doddersale in Buckinghamshire, sergeant at law; on other of the sisters was maryed to Catesby, father of sir William Catesbye long since deceased, out of whichc house is cum sir Lewes Tresham of llushton, the olde lady Yelverton, lately ded, wife to justice Yel- verton, the lady Pellhara of Ethrop that Avas Dormer's widow; an other of the sisters was maryed to Ferrars of Tamcworthe, of Avhome descendcthc sir John Ferrars; an other maryed Wallop, of whome is descended sir Henrye Wallop of Hampshire. George had two other wifes, but I cannot lern any children he had by them. Cecill Bulstrode, that was a mayd of honor to Katherin first wife of Henry VI 1 1., was sister to this George. She was maryed to sir Alexander Unton, by whome she had sir Edward, father of sir Henrye, and Elizabeth wife oi" olde sir John Croke, father of justice Croke. After the deathe of sir Alexander Unton she maryed Robert Keylway surveyor of the wardes. By him she had the lord Harrington's wife. Thomas Bulstrode, sun of George, maryed a Barker. Of her blud ar sir Anthony Barker of Sunning in Barkshire. and sir Henry Barker of Wood Eton in Oxfordshire. Edward, sun of Thomas, maryed the daughter of sir John Croke of Chilton. Henrye, sun ot IMward, maryed the daughter of Thomas Read of Barton neer Abingdon in Barkshire. Scriptum, 3 Septonb. 1612. LIBEK FAMKMCUS. 29 Upon the 20 of August 1012, being Thursday, I and my wife went to Parlant Park, to my brother Bulstrude, and tlic next day, togcather withe him and his wife, we went into Essex, to visit my mother in law, whomc we [did] accordingly visit at Flamberds in Essex, at the house of sir John Browne her iiusband, and <lid also visit sir John Tirrell of Heron in Essex and Elizabetli his wife, sister to my wife's motlicr, and rctorned home to Parlant Park ultimo Au(j., and so home tlie next day to Cluar. Upon the third day of October 1G12, 1 was, by patent under the common seal of the dean and amons of Windsor, made thear feed counselor, withe 40s. the year for my life, as by the patent Ixjaring date the same day doth appeer. Upon Munday, the 3 of October, it was sent me by the dean, docter Maxye, who succedcd into that place upon the deathe of docter Giles Tomson, bishop of Glocester, who dyed about a week or two before he purposed to remove to Glocester. The dean shewed this kindenesse unto me, upon the good he con- ceaved of me by the report of my good frendes sir Henrye Savill and mr. Xawnton, as he tolde me, for I was a meer stranger unto him, nether did ever see him untill I herd him preachc thear after he was dean. This term of St. Michael, 1»»12, I lent mv lord IIakington 3,000/. to redeem his manor of Lobthorp, whiche was fallen into the viscount of Rochester's * hand, for the not payment of 3,000/. whiche sholde have been payd unto him on AUhallond day 1G12, yet the viscount Avas contented to receave his money after the day, and convey the land to me, whiche wasdoon by Thomas Bennet and Walter James, to whomc the land was conveyed in trust for him. I did this curtesye for my lord withe out on halfepenye worthe of rewarde, bycaus his sun dealt so kindely and nobly withe me in taking sir John Roper's oflicc in my name unsought for. Mr. Thomas Read, of Barton necr Abingdtju, knt me towanl the making of this payment a 1 ,000/., for six moncthes, gratis, upon my • Tlie favourite Carr, creatod viscount Rochester 25 March, IGll. 30 MBKU lAMKMf r>. bond and my brother Bowstred's, and in recompcncc of tliis klnd- nesso I gave back all fees unto him. I send (sic) two of my owne men and three of my lord Harrington's for it, and had it broughte up, upon a spare horse, 2 December 1012. ^ly brother Bowstred maryed this gentleman's sister. Upon Friday the 22 January 1612, being the day before the term, my noble and worthye frend SIR David Williams knighte, on of the justices of the King's Bcnche, dyed of a fever at Kingston Bagpuis in the countye of Barks, his wife's joynture by her former husband mr. Latten. He was made judge the last day of Hillaryc term 1603, and presently he toke me into his favour, and caryed me the circuit withe him, in whiche, by his favour, I fell into practise, and the like favour he did me in tlie King's Benehe. He was a most true and faythfuU trend, and that he shewed himself to me in the businesse between sir William Pope and myself. He dyed a man of great living and personall wealthe. I herd from him that he sholde not have been 63 year olde until 1 Martii 1612, and that he was of the same house as the lord Williams of Tame, and sir Richard Williams alias Cromwell, grandfather of sir Oliver Cromwell now living, and that his father and they wear neer kinsemen. His principal 1 seat is Gwernenethe in Brecknockshire, and he was buryed at Brecknock, by his first wife.* In Michaelmas term before, dyed sir Christopher Yelverton, an other judge of the King's Benehe and a verye olde manf. Memorandum, that the 29 day of June 1613, in the 11 year of the raigne of the king's maiesty, sir Robert Whitney, of Whitney in the countye of Hereford knighte, did grant unto me for my life, jyro concilio itnpenso el impeiulendo, an annuity of 10/. per annum. He maryed the daughter of sir Thomas Lucyc of Charlcot in comit. Warwick. Ewstace Whitney was his father, and his sister was the wife of sir Henrye Williams, sun and heir of justice Williams. He • Valuiible particulars respecting sir David Williamit may be read in Mr. Fosa's pleasant sketch of his career in the Lives of the Judges, vol. vi. p. 197. t See Fosa's Lives of the Judges, ti. 2o3, LI1U:U TAMKLICUS. 31 is on of the ancientcst gentlemen in that countye. See the deed undcT liis liand nnci seal. Jolin Hethrington, a Cumberland man, came to me in Ester term ir)13, to scarvc in the place of John GrilUn, in my stable, who went from me bvcaus he was maryed, having served me /ix yeares, and &» mutche as from Mich. 1606. But before Mich, following I rcceaved again .John (.Jriflin, and put I'rom me the other. In August 1613, at Wormes in Germanye, dyed my honorable frend JoiiN loud IIakingtox, in his retorn from Heildelberge, whether he went in commission withe other noblemen, for the con- ducting of the ladye Elizabethe home. He was the sun and heir of sir James Ilarinjiton, and descended from the heires males of the lord Ilarington's house, whose heir generall maryed to Gray marques Dorset. He was created a baron by king James. He left only on son, sir John Harington, knighte of the bathe, before spoken of. His frendship grew by the consanguinitye between his wife and mine, for the olde la<iyc Harington was the sole daughter and heir of Robert Keylway esquier, surveyor of the Court of Wards, and of Cecilie his wife, daughter of Edward Bulstrodeof Hedgely Bulstrode and widow of sir Alexander Unton of Barkshire, and mother to Elizabeth wife of olde sir John Croke, my wife's grandfather. This nobleman was 73 year olde. The end of Ester term 1613, dyed my verye good and kinde frend mr. Thomas Stephens, bencher of the Middle Temple, the late prince Henrye and prince Charles his attorney, and into that place came my verye good frend nir. John Walter, of the Inner Temple, a reader of great reputation. The lord Harington sent mc blackes for myself and on man, 6 October 1613; the buryall of his father was at Exton, 7 October 1613. For my being committed to the Fleet, upon Tuesday the eighteenth day of May, (omo 1613, the eleventh year of the king's rai'Mie. beinii the morrow after Ester term, vide clswhcar, for it is not a thing unworthye ol" n'lncndjninco, iu/ru p. 32. 32 i.ir.i.K rA>ri:Licu8. At ChristniMs Kil.'), I came to ilwi'U in the house at Fleet Street wlu-ar lur. Walter dwelt, and upon his rcniDving to mr. Stephens liis htui.^e 1 canio tlicthcr: my niotlier in law and I dwelled in it the winter after I was niaryed, and divers yeares after. Presents sent mc this Christmas, 1G13. Mr. Staverton, a doe. Sir Edw. Zouche, a doe. Thomas Whitclocke, half of a iloc. Sir Henry Nevill of Pillingbear, a side of a doe. Sir Frauncis Lcighe, a side of a doe. Richard Whitelocke, a keg of sturgeon. Thomas Whitelocke, two rollers of brawne. My mother in law, a goose pyc, two rollers of brawn, a cople of rabbets, eighteen puddings. William Whitelocke, a fat turkye. Mr. Jones of Cluar, a chync of pork, a goose, six puddings. Mr. Richard Gwin, a red deer ]>ye. My cosen Holland, a fat swan. Rich. Martin of Bray, a cople of capons. Sir William Jordan, a sugar lofe. John Whitelocke, a peece of sugar. My mother in law againe, a roler of brawne, two capons, a turkey pye. My ladye Tirrcll, a pecce of bacon. This I set downc inter fameUca that my sun may heeraftcr see these frendly kindnesses doon to rae, which ar not so usual to those that ly in London as to those in the countrye, and that he may endeavour to live worthye of the like. This Christmas, at sir Hcnrye Nevill's at ^Ye.-tm^nster, I rcncsved my acquayntancc withe the worthye gentleman sir Raphe Winwood, embassador legier for the Low Countryes. He put mc in mynde that he, being proctor of Oxford, presented me bachelor of the civill law. He was at that time fellow of Magdalen Colledge in Oxon. I was informed by sir Humfrcy ^lay that the king had taken (•Hence at my actions in parliament, in maynteyning the cause of impositions so stifly, and that I had doon good no way by it, but had hurt myself very mutchc, and discovered a presage in himself LI HER FAMELICU8. Mi of that sum ill niiglitc bcfallc mo in tliat respect; this he did con- tinually incuk-atc unto mc after the parliament ended, untill ill happened in deed. In Ester term, 11 Jacobi, IGl.'J, thecawsc between the colledge of Westminster and the bishop of London was thrice herd in the Chanceryc. Thear wear of counsell for the bishop, plaintif, mr. Frauncis More, mr. Walter, mr. Philip Gerard, mr. Thomas Crew, mr. Thomas Chamberleyn and Iluinfrey Price; lor the colledge of AN estminster wear Ilobart the king's attorney, Bacon soUicitor, Randall Crew, Lewes Prowd, and myself^ Thear wear assistants at the hecring, besides the maister of the rolles, baron Altham and justiee Crokc. The churche of \\'estminster had had two verdicts in the Common Pleas, upon full view of the tenements by the jurye in on of them, and in an other had thear judgement affirmed on a writ of error. This notwithstanding, the chancelor had appoyuted that thear sholde be a third tryall at the King's Benchc bar, whiche being ready to be taken in Michaelmas term 1612, the chancelor sent an injunction to stay it, and directc<l the bishop to put in his bill, whiehc i)eing put m Michaelmas term 1G12, the caw.<e came to heering in Kster term following, the bookes being 600 sheetes. Thi.s was Sure against the will of the dean and chapter, for they had no other time to exaiuin by commission, or in court, and to l)ublishe and abbreviate, but only between Hillary term 1612 and Ester term 161.'?. yet by my c.xtraordinaryc paynes wear ready at the heering. The chancelor * toke oftcnce at me in this cawsc, and shewed it by verye taunting and bitter chckkes, without any expectation of sutche entertcynment or desert, as I thoughte. But 1 wa.-* tolde it grew by my standing <o mutcheupon the trialls of law in the o[)en- ing of the answear, and by the jcalowsye he had of my backing and hartening the dean to stand to the eaw.>=e, whiche he desired to have been rel'errod to arbitrement, and the dean refused bycaus he had recovered it by law. " I^onl KlIfHtncre. CA.MD. S'OC. F 34 LIBEH FAMELICUS. In this cawsc the injunction was granted againat tlie dean and chapter before the bill was pnt in against thcni. After the cawse thrice herd, the chancelor toke time to consider of it, and so it stayed quiet on bothe partes a long time. The occasion taken of my commitment to the Fleet was in this manner. Thear was a bill preferred in Chancerye by Raphe Brooke, York hcralde of amies, againste Henry St. George, Blewmantle pursuy^ant at armes, in wliiche he complayned that the defendant had gathered and taken up divers sums of money amounting to 400Z., of divers noblemen, knightes, and others, for fees due to the heralds in generall, for instalments, funeralls, creations, titles, and the like, and that he kept them to his owne use, and denyed to give any accoumpt of them, or to show Avhat the sums wear, and bycaus lie had no meanes at the common law to finde out what the sums wear, therforc desired relief in chancerye. The defendant in his answear did first demur to the jurisdiction of the court, alledging that bycaus the parties wear officers at amies, therfore the chancerye could not holde plea between them, and that the suit ought to be before the commissioners for office of crl marshall, yet having thus demurred, went on in answere to the matter in fact, by whiche, by the course of the court, he did relinquishe his demurrer. Frauncis More the counselor, simirro fmnelicus, made a private motion at a seal in the chancclor's house, 3 Martii, 10 Jacobi, when all men of his profession wear abroad in thear circuits, upon whiche an order was made, that the plaintif sholde shew cawse the next term whearfore the plaintif's bill sholde not be dismissed, and the cawse referred to be herd by the commissioners of the marshall's office. This order being broughte to me in Ester term, by the plaintif, I came into the chancerye to maynteyn the jurisdiction of that court against the erls marshal, and by a motion made before the master of the roUes, upon Wednesday 28 April, 11 Jacobi, for cawse to reteync the plea in court, shewed matter upon whiche this order was entered. LIBER FAMELICUS. 35 Whear, by an order of the tliiril of Martclie last, the idaintif was to shew cawse tlie first day of this tcrui, whearfore the defendant's demurrer shold not stand, and the cawse bo hence dismissed to be decreed before the lords com- missioners for the office of erl marshall of England, as a matter most proper to be decreed in that court, foeasmutcub as this court was this day informed by mr. Whitelocke, being of the plaintifscounsell, that, albeit the defendant in the beginning did demur, whiche was insuflicient, for that ther nether now is, nor never was, any sutcho court as the erl marshall's court, but the court of the constable and marsiiall, whiche coulde only be helde at sutcbe time as ther was a constable, or commissioners for that office of constable, nether can the plaintif make his proofe by othc before the now lords commissioners for the office of erl marshall, yet the defendant hathe answeared over, thoughe in sum poyntes insufliciently, by whiche he hath wayved his demurrer : It is tuerfoee ORDERED that the sayd dismission be stayed, and that if the defendant shall not shew unto the lord chancelor good cawse to the contrarye, then the defendant shall make a perfect and direct answear to the plaintifs bill. This order being entered, the defendant by the meanes of Richard St.George his father, a heralde of armes called Norroy, a man ignorant in his vocation, but exceedinglye hautye, and yet verye weakc in estate, did acquaynt the erls of Northampton and Suffolk, being principall in commission for the office, withe the order of chancerye, incensed them mutche against mr. Whitelock, as an undcrmincr of their authority, and withstander of the king's power, and cawsed them to make a great complaynt of him to the chancelor, who apprehended it soon enoughe, and all concurred in on to take this occation, in dcfldt of a better, to give him an item for olde desertes. Mr. Frauncis More of the Middle Temple, thiea foreims, was appoyntcd to move upon the order 28 Apr. 1 1 Jacobi, to reverse it. This purpose was privcly tolde to mr. Whitelock, who, under- standing thcrof, prepared himself to be at the bar to mayntein the cawses he alleged for the upholding the jurisdiction of the chancerye, whiclic he doubted not but shold be indifferently herd. At the motion, whiche was upon the last day of Ester term, mr. More, the counsel for the defendant, cawsed the order to be red, but never offered to spcake a word for the confuting of that con- 30 LIIJEU lAMKLlCUS. tcyneil in it, nether well knew wluit it mciit. So soon as it was roil the chancclor called for it, red it over to himpelf, then shewed it to the master of the relics, made greatc shcwes of wonder at it, as if he had never seen it before, whearas he had before been fully ao(|uayntcd withe it and had resolved what to do in it. Then he bean to taunt and speake bitterly against mr. Whitelockc, who, bein«' at the bar, desired his lordship he mighte be herd, whiehc beinf^ f^raiited, he began to inform him what growndcs he had for his opinion, as acts of parliament, presidents of record, use and practise, and wolde have entered into the defence of it in poynt of law, havinf' studycd the case and being provided for it. But what- soever he alledged the chancclor put it of withe skorn, and tolde him, " Mr. Whitelockc, these be things you may know, that ar omnisclous, and know all things; for my part 1 nether know them nor understand them, nether can judge of them, but 1 will certify the king of it, and he shall be judge in it. It is to great a question for me to judge of." Then he began openly and sharply to invey against those lawyers that studycd prerogative, and by name condemned mr. Whitelockc for on of them, and taxed him in this case that he had denyed the king's power to give authority to the commissioners to keep a court. T^Ir. Whitelockc desired his lordship not to take it so, for it appecred by the words of the order that he made not the question whether the king would give them power to keep a court, but whether he had by that commission given them power, for it was expressed in the order that sutchc a commission mighte be by whiche the court mighte be hclde, as namely, by a commission as well of constablcship as of mai-shallship, and therforc the validity of that commission as it was granted was only in question, and not the king's power in granting of it. But, nether this nor nothing else wold serve the chancclor, or stop his mouthe from invcying against those lawyers that studycd prerogative, and concluded he wolde appeal to the king in this particular, and wold acquaynt him with this great aflVont made to his regall power. Mr. Whitelockc, when LIBER FAMELICUS. 37 he saw nothing he spake woldc satisfye the cliancelor, resolved to prepare luinsclf withe reason to maynteyn liis opinion, and to manifest tlie mistaking therof, before the king himself. This was tlie last day of Ester term 1 1 Jacobi, being the 17 day of May. The next day the lords and judges sate in the Starchambor. After dinner, the ehancelor, the privie seal, and the lord ehamberleync Avcnt to the king, being at Whitehall, and caryed withe them the ehancery order of the 28 of April, red [it] unto him, and informed him that his regal power and princelyke prerogative, a poynt not lit for any subiect to meddle withall, was mutche impeached by it. An item was given of the person, and what ill office he had doon in parliament against the king's power to impose without assent of parliament, and that it was not unlikely to falle out that he was the man that made the exceptions to the commission for the navye, whichc exceptions wear cum to the king's hand, and gave him f^reat offence. The king upon this information began to be verye mutche incensed against Mr. Whitelock, and shewed it by bitter speeches against him, and tlie time made him the more apt to apprehend occation of anger, lor that at dinner before, a libellous book was presented unto him, in whiehe he was mutche vililyed by the adversarycs of our religion for the smale power and grace he had withe his people in parliament, and mutche skorn put upon him for his impotency thearin, and especially in that he was so sternly denyed releef toward the payment of his debts. Mutche other skaudalous and unworthyc matter was in it whiche moved his maiestyc very mutche; so at the last, breaking out into a denun- tiation of punishement against this villanye, " I wolde wishe," say the he, " that the author of this libell had no other punishement then the lower house of parliament wolde inllict upon him fur this offence." It happened sumwhat unfortunately that, cumming hot from this passion, he sholde be complayned unto of an opposition made against his prerogative (a thing his maiestyc did more impatiently 38 LIBER FAMELICUS. l\cci' of tlicn any oH'encc towelling himself) and by on that had been traduced unto him to have been most diligent in examining his prerogatives in the parliament house. The king willed the lords to send for mr. Whitlock before them to the counsell table, and to make him give an accoumpt of his fault, and to do sumewhat more, as it will appeer by that whiche followethe. These three lords, verye ready to execute his lordship's [majesty's?] command, went into the counsell chamber, whear, withe sum few others, they sat most part of the afternoon about other businesses, whiche being in hand, they sent a pursuyvant to mr. Whitelock's chamber in the ]\Iiddle Temple, who broughtc unto him a note under mr. Edmund's hand, the clerk of the counsell, to this effect, " j\Ir. Whitelock, it is the lords of the counscU's pleasure, you attend them presentlye at the counsell chamber at Whitehalle," and to the note his name was sub- scribed. This note mr. Whitelock receaved between two and tliree of the clok in the afternoon, being in his study e; it was upon Tuesday 18 Maij, 1613, the morow after Ester term. So soone as he receaved it, he straightwayes conceaved what the businesse was, and therfore presently made him ready, and went withe the pursuyvant by water to Whitehalle, none of his owne people knowing of it, or what was becum of him, for his wife and family went that day into the countrye, and his men wear absent upon that occation, and had left him alone in his chamber. When he came to the counsell chamber, the lord chancelor began to enter into speache of the businesse, toke the copie of the order of 28 April out of his bosom, and declared what had passed between them and the king about it. Other passages that then hapned in the counsell chamber ar set downe in a larger discourse of it ; the end that day was, he was committed from the counsell table to the Fleet, by a warrant expressely and verbatim set downe in the other discourse. The warrant bearethe date 18 Maij, 1613, for his imprisonment; was called to his answear on Saturdav, 12 -Tunij, 1613, and wns djs- LIBER FAMELICUS. 'VJ charged the next day ; and for all the speciall manner of the pro- ceeding, see the discourse made of it in particulcr; and, all this notwithstanding, I will .still rctcyne my old motto, Nee hcneficio, nee metu. Upon Saturday nightc, 26 February, 1G13, dyed ut ivew in the countyc of Surrey, that worthye yong nol)lcman JoilN LOUD Ha- RiNGTON of Exton, being not full 22 yeares of age. He was the most compleat yong gentleman of his age that this kingdom coulde afford for religion, learning, and curtcous behaviour. So thear dyed within the year four of the name, John lord Harington the father, sir lienrye, and sir James, two of the lather's bretheren. This nobleman dyed a batchclor, but if he had not dyed he sholde have been marycd to on of the daughters of Henrye crl of Northumber- land. He dyed of the smale pox, whiche disease he had once before. His heirs at the common law wear Lucye countesse of Bedford, and [Frances] wife of sir Robert Chichester, knighte. I had blackes for his funerall. The day of Aprill, 1614, Sir Raphe WynAvood, before spoken of, was sworn principall secreatarye, and on of the priviecounscll, at Whitehall. More of my commitment. The deathe of my il affected frond the erl of Xorthampton, who dyed npon Wednesday the 15 Junij, 1614, makes me bolder to commit to writing sum passages of my treble, whiche I have com- piled in a book by itself, and peradvcnture will in fit time insert into this volume, as they do fail who I know will be readye to take advantages against me. The copie of tlie warrant of commitment. Whjeabas we fiude cawse to commit the person of James Wliitelockc, Tu£ss shall be to will and command you to receave the person of the sayd James Whitclockc into your charge and safe keeping in that prison of the Fleet ; thear 10 LIBER FAMELICU8. to reinayno iiiulev your custudyo, iintill I'arllicr order be taken. At the eourt at Whitehallc, this 18 of May, 1G1;3. G. Cant: T. Ellsmeer, Cane: II. Nortuampton. T. Suffolk. W. Knollts. Jul. C;esar. To the warden of the Fleet. Edmunds. Xote. — Thcnr was no cawso expressed why I was committed. The copic of my discbarge. Whearas James AVhitelooke, counselor at law, was hecrtofore committed to your charge in that prison of the Fleet; Forasmutche as his majestye is gra- tiously pleased, upon the humble acknowledgement whiche he hathe made in writing of his offence, to give order for his enlargement, These shall be, therfore, to require yow to enlarge and set at libertye the person of the said James Whitelocke ; For which this shall be to yow sufficient warrant. At the court at Greenwiche this 13 of June, 1613. G. Cant: T. Eli.smeer. Canc: II. Northampton. T.Suffolk. Pembroke. Fenton. W. Knollys. E. Wotton. Jul. C/esar. To the warden of the Fleet, or his deputye. The lords sent for sir Robert Mausel and me to Greenwiche, the sayd 13 of June, being Sunday, and delivered the king's grace to- ward us, and his satisfaction he toke of our submission, and so dis- charged us. The lord chancelor tolde me that that king toke spe- cial notice and good liking of the sentence out of Tacitus withe whiche I concluded my submission, that was, Tihi summum reriuii imperium Dii dederunt, nobis ohedienticB gloria rclicta est. My sub- mission is elsewhear related, withe note whiche was my owne, and whiche was sir Frauncis Bacon's addition. The Parliament began at Westminster the o of April, 12 Jacobi, into whiche I was retorned a burgesse for the towne of AVoodstock, in the countie of Oxon, whear I was recorder, and was elected notwithstanding the towne wear hardly pressed for an other by the erl of Mountgomerye, steward of the manors and keeper of the house and parke thear. LIB Ell FAMKLICUS. 41 Tlicar was rctornccl withe inu sir Pliilip Caryc, yonger sun to sir Edward Carye, master of the Jewells. lie was nominated in the place by sir Thomas Spcnc-er, who, being steward of the towno, re- fused to serve himself, but commended that gentleman. I was retorncd burges also for the burrow of Corf Castle, in the He of Purbcck, in the countye of Dorset, and that was by the nomi- nation of the honorable ladye, the ladye Elizabethe Cook, wife to the lord checf justice of England, and daughter to the crl of Exeter, my vcrye honorable ladye. She returned me and mr. John Dac- comb, master of the requestes, without my privity, for I was absent in the circuit wlien she sent my name, and when 1 came to her to take notice oi' it, and to thank her, she tolde me she did it least an lionest man sholde be left out. I gave her thankes for it, and yeilded up the place to her againc, and in it was chosen sir Thomas Tracyo. My worthy frend sir Robert Ivylligrew gave me a place for Ilel- ston, in the countye of Cornwall, and I cawsed my brother-in-law Ilenrye Bowstred to be retorned for that place. On Tuesday the 7 of June, 1614, the parliament was dissolved, in that manner that all good people wear verye sorye for it; f think it not lit to play the part of a historiographer about it, but 1 pray (jJod we never sec the like. On Wednesday Ibllowing, in the morning, myself, mr. Thomas Crew, and others, that wear assigned by the House of Commons to be agents in the conference desired by the Commons withe the Lords, concerning Impositions, wear called to the counsell table to Whitehalle, whear having everye on delivered what part he was as- signed unto, we wear all commanded to burn oiu" notes, arguments, and collections we had made for the preparing of ourselves to the con- ference. 1 broughte myne to the clerk of the counsell, mr. Cotting- ton, the same afternoonc, being 24 sides in (olio, written withe my owne hand, and saw them burnt. The partes wear thus assigned; — Sir Henryc Muuntague, recorder of London and the king's ser- geant, was appoynted to show the cawse whye we desired this con- CAIMD. SOC. G 42 LIBER FAMELICUS. I'ercncc. This shokl liavc been by itself Urst, and the conference at another time after. Sir Frauncis Bacon, attorney gencrall, at the conference was to liave made the introduction to the businesse, and to set the state of the question. Sir Edwyn Sandes was to shew that the king's imposing without assent of parliament was contraryc to the naturall fram and consti- tution of the policye of our kingdom, as that it was a righte of ma- jestyc and soveraigne power whiche the kings of England could not exercise but in parliament, as that of law making, naturalising, ulti- ma provocatio, and the like. Mr. Thomas Crew was to shew the reason and judgement of the common law of the land, that whiche is jus privatum or contentiosum to be the same. I was appo3mted to begin to shew the practise of the state in the verye poynt, as being the best evidence to shew whether it wear a soveralgnty belonging to the king in parliament or out of parliament, and to me was assigned the raignes of Edward I., Edward II., and Edward III., the heat of all the busenesse. The time from 50 Edward III. to 3 et 4 Ph. et Marian, during whiche time thear was not an imposition set on but by assent of par- liament, was assigned to Thomas Wentworthc of Lincolnes In, and to John Hoi?kins of the Middle Temple. The time from 3 et 4 Ph. et ]\I. to this present was assigned to Nicholas Hyde of the ]\Iiddle Temple. Thear wear appoynted to answere objections mr. Jones, mr. Chibborn, and mr. Hack well of Lincolnes In. Sir Roger Owen was appoynted to shew that no foreyne state could or did set on as the kinc: of England did. Sir Dudley Diggs was appoynted to open the matter of incon- venience to the common profit of the kingdom. Sir Samuell Sandes was to conclude the businesse. The same 8 of June, after we had been withe the lords, thear wear sent to the Tower four parliament men; sir Walter Cluite, mr. LIBER FAMELICU8. 43 Christopher Ncvill, yonger sun to tlie lord Abergavcnye, mr. Wentwortho, and nir. lloskins. All the while the lords sate, the king was in the clerk oi'counseirs chamber. I saw him look throughe an open place in the hangins, about the bignes of the palm of ons hand, till tlic while the lords wear in withe us. We wear all sent out of the chamber, and then mr. Wentworthe and mr. Hoskins Avear sent for back againe into the chamber, and after sum spceche unto them by the lords, they wear sent to the Tower. Sir John Savill knighte for Yorkshire, and sir Edwyn Sandys, wear called before the lords and dismissed upon bondes, so was sir Edward Gyles, of Devonshire, and divers others, as sir Roger Owen. Thear wear divers put out of the commission of the peace, as sir John Savill, sir Roger Owen, sir Edward Philips, mr. Nicolas Hyde, and others. Thear was committed to the Tower, shortly after the parliament, sir Charles Cornwallys, and doctor Shai'p, arch- deacon of Barkes, for conference layd to ther charge withe mr. Hos- kins, about parliament matters. These things I wold not meddle witheall, but that tliey hapned whear I was an agent. In September 1614, sir Edward Philipps, master of the rolles, dyed of an ague; he fell sik at Wansted, in Essex, and came from thence to the rolles, and thear dyed. He was my verye good frend. It is thoughtc that greef he toke in the king's displeasure toward him, for his sun's roughenesse in the parliament, hastned his deathe. But I cannot think a man can be sutche a mope. This summer I went progrcs withe sir Henry Savil, provost of luiton, and warden of Merton colledgc, for bothe howses, into the countyes of Surrye, Kent, Essex, vSullolk, XorthlJtlk, Cambridge, Bedford, and Ilertlbrd. I saw Dover (Jastle in Kent, the citye of Canterburye and the decent churche thear, tlic lowne of Ipswiehe in Suffolk, and came to Cambridge on Thursday in the afternoon, and stayed thear untill it was Munday morning. We wear cnterteyned by the bishop of Ely, docter Andrewcs, at 44 LIRETl FAMELTCUS. Jesus colledgc, by dr. Xcvill at Trinitjc coUcdgc, by docter Sinithc lit King's colledgc, in the liallc, and by tlie procter thear. We met thear sir Fulk Grevill,* withe whome avc had mutchc companye. Thear we met the dean of Westminster, docter ]\Iountayne,t mr. Prowd of Lincolnes In, and mr. Limytayr. Thear went withe us, for Eton colledge, mr. Allen and mr. Weaver, the two bursars, and mr. Simonson, subwarden of Merton colledge, riding bursar for that colledge. The shortnesse of the vacation and tlic circuit withe this progrcs kept me from my ownc house almost all the summer. It is not to be forgotten that the sergeants-at-laav gave cache of them 600/. to the king, and sum of them were not worthe the money, and sum never likely to see it halfe againe in thear practise. ]\Ir. George Croke was left out bycaus he reluscd to give the money, and offence taken at his words bycaus he sayd he thought it was not for the king. The 24 day of November, 1614, anno Jacobi regis 12", Siii Henry Dymock of Erdington in the countye of Warwick, knighte, did grant unto me an annuitye of 4Z. per annum for my life. I had deserved well at his hand, for if I had not payd a good sum of money for him upon a sodeyne, he had lost Erdington. I toke of him fower ycares payment. The money came to 1,400/. that he was to pay me. Pie began his first payment in Michaelmas term 8 Jacobi, his last was Michaelmas term 12 Jacobi, at whiche time he shold have payd me 440/., but not being able, and least he shold be put in hazard to suffer a forfeiture of his land, althoughe no danger woldc have cum by it, yet to make the dealing more secure on his part, 1 conveyed back his land, and toke a statute of him for 260/. of the money he could not pay me, and so discharged him of the mortgage. The noble lady the lady Elizabeth Cook, wife to the lord * " Servant of queen Elizabeth, counsellor of king James, and friend of sir Philip Sydney;" created lord Brooke in 1620. ■f Dr. George Mountaigne, or Montaigne, dean of Westminster ICIO — 1617, and sub- sequently Ijishop in succession of Lincoln and London. LIBER FAMELICU9. 45 chccf justice, did send me tills term fur a present half a doc, whicho I tokc for a great favour at her hands. For the Benevielexces 1 was left out in the countrey, lor wlien my name was proposed before the justices, they bad let me alone, for tliey wold speidcc withe me at I^ondon about it, so I was altogcather omitted, yet in Michaelmas term I got the xoUc into my hands and put myself 40s., Avhiche I did to avoyd the danger of giving more singlyc. i\Ir. Lydall and mr. Clerk, two justices of the peace of the countye of Barks, bothe my pulsnees, wear set at 51. ether, by the lord Knollys, and payd it. It is great pityc that thear was occation to seek for money this way. Upon Tuesday the 13 day of December 1614, ]\Iary the wife of my brother-in-law Henry Bulstrode departed this life, at Horton in the countye of Bucks, having been sik of a consumption three yearcs at the least. She was mr. Read's sister of Barkshire. Giftes given me this Christmas. Sir Frauncis Leighe, a hanche of venison. IMr. Richard Vans, a doe. AVilliam Wliitolocke of Okingham, a fat turkey. My mother Browne, 4 coUai's of brawne, 4 capons, a capon pyo, and goose py. Sir Henry Dymock, a colar of brawne and 3 capons. "Widow Mountague, 2 capons. Samuel Baker, 2 capons. !My cosen Feck, a bottle of bastard.* ^ly brother Bowsti'cd, a swan and 2 geese, 2 capons, a color of brawne, a lletche of bacon. Anthony Bull, 6 silver spoones and 2 partriches. Sir llumfrcy ^lay, impost for 2 ton of Avyne. Sir George Wrighte, a girdle. Xurse Harding, a goose; A\'illiam Croke, a cake ; mr. Jones, a goose and a chync of pork. Given away by me this Christmas. To the master of the Kollcs, Sir Julius Civsar, a firkin of sturgeon. To justice Croke, a sugar lofe and a turkey. To my lord cheef justice, a swan and 2 turkcyes. « « Your brown bastard is your only drink." 1 Il.n. IV. act ii. sc. I. Uarrct, in liis Alvcaric, says it was " niuseadid, swwt wint.-."' 46 LlliEK 1 AMELICUS. Upon the dcathc of the lord Harington the sun, the benefit of on nioityc of sir John Roper's office, whiche was setled in me by his appoyntmcnt, did cum to the ludye Harington his mother as execu- trix and trusted withe the whole estate to pay his father's debts, and she transferred all to the countesse of Bedford, her daughter, who made an agrearaent withe the erl of Somerset to transfer it to him. The erl required to have it discharged, by the countesse, of the divident of a twelf part, whiche I was to have by covenant for execution of it, for that he was to give a twelf to mr. Heathe lor execution, and conceaved thear wold not need two to execute; whearfore, to get my goodwill to consent to this, and to have from me that whiche my lord Harington had given me, I had from the countesse 8001. in readye money, and the alteration was this : I made new covenants withe the erl, by whiche I did covenant to surrender up the office at his request, and not execute it but by warrant under his hand and seal. See more infra, p. 57. This Ester term 1615, I christened a childe for mr. Edward Nevill, brother of sir Henry iS'evill of Pillingbeer, and called him James. I gave to the building of the librurye at Oxon 61 I3s. id., and receaved an acquittance for it from sir John Bennet, thesaurer, 15 Junii, 1615. On Munday the tenthe of July, 1615, at Pillingbeer in the countye of Barkes, departed out of this life sir Henry Nevill, my true and worthy frend. He was lineally descended from Edward lord Abergueveny, fourthe sun of Raphe Nevill first erl of VVestmer- land. He was a most laythcful frend unto me, tarn in adversis quam sccundU, and I dealt as well withe him, for at the time 1 was com- mitted to the Fleet, he was hunted after by the erl of xsorthampton, as the author of the opposition against that irregular commission spoken of before in the declaration of that busincssc; but, althoughe he was an actor in it withe far greater men, yet his good lordship could never finde it out, notwithstanding he cawsed me to be kept close prisoner and examined by the lords of the counscU ; the truthe LIBER FAMELICUS. 47 is, he durst not name him playnly, althoughe he aymcd at him, and I Iind reason enouglie to conceal him. He was the most sufficient man for understanding of state businesse that was in this kingdom, and a verye good scholer and a stout man, but was as ignobly and unworthely handled as ever gentleman was. Two of his enemyes he saw dye ignominiously before him. The tresorer Salisburye, that rotted above ground, and Northampton, that dyed of a gangren in his thighe, a verye rot, and left the world suspected of ill dealing toward the state. He was 52 ycares of age when he dyed. This summer, as I came from Staflbrd, whcar the circuit ended, I met sir Henry Savill, the Provost of Eaton, and Warden of ]\Icrton Colledge in Oxon., at Everdon in Northamptonshire, neer Dantree, and kept four courtes withe him, two for Eton Colledge and two for Merton Colledge, and was at home 19 Augusti. At my retorn 1 sent a salmon to MY LORD CHEEF JUSTICE* to Stoke, that cost me 22s. ; he invited me withe many other gentlemen in the countrye to the eating of it, and sent mc half a buck afterward. Thear wear at dynner, at the invitation, the lord Davers,t sir Henrye Drewrye, sir William Boyer, sir Robert Cooke my lord's sun and heir and his wife sister to the lord Barkley, widow Bcrneires my lord checf justice' daughter, mr. William Clerk sun and heir to sir William Clerk of Hitcham, mr. Ausham, parson Wrighte, mr. Hynde the lawer, and other neighboures. As I was riding thether to dynner to that meating, whiche was ultimo Augusti 1615, I met MR. secretarye Wynwood in Windsor, cumming from the court at Farnham. He toke me from horsback into his coatche, downe to Eaton, and thear did visit his sun James, godsun to the States of the Low Countryes, and sent by me this newes to the lord cheef justice, that the bishop of Win- chester was sworn of the privye counsell upon the day before, at Farnham, and prayed my lord he wolde be at Windsor on Sunday, * Sir Edward Coke, at Stoke Pogcis. t Henry lord Danvers of Dantsev, afterwards earl of Danhv. 48 LIP.ER FAMELICUS. at tlic kinir's cuiuuiin^j-, and not to look for a mcsscn^jcr. I did these anaiids to my lord, and he after dinner would have had me gone to tahk'?, a matche at dul)hlc hand withe himself and others. I toldc him mr. secretary had requested me to cum to him so soon as I could to Ditton. So I presently went thether, and my lord sent this message by me, that he woldc not fayle to be at court, and he shold finde him as he ever had. I told mr. secretary, that he gave sum item he woldc inclyne in opinion, in sum matter before spoken oi', as desired. Upon Sunday, 3 September, I was at the sermon at Windsor, whear preached doctor Feild, on of the canons, and dean of Glocester. Thear was mr. secretarye and my lord cheef justice. They sat in the stalles over me. So soon as the sermon was done, mr. secretary beckoned to me to cum to him, so did my lord cheef justice. I presently went to mr. secretary, Avho invited me to dyne withe him. I tolde him I coulde not. He ajiswered me againe, "I,* that is by- caus my lord cheef justice hathe called yow, and yow dard not deny him." " Sir," sayd I, " yow must be bothe denycdnow, for I have divers of my frendes at home withe me." My lord, so sone as I came to him, " Cum, mr. Whitelocke," saythehe, " I will makeboldo Avithe yow, on of my ownc coat; I pray thee let me have thy com- panye out of the churche, for I am a stranger heer." So I led him out of the churche by the arm, and then Avent withe him to his coatchc, into the upper court. And, as I Avent Avith him, I asked him Avhy he stayed not at the court to dynner. He told me, that whilest he stood by the king at dynner, he Avoldc be ever asking of him ques- tions of that nature that he had as life be out of the roome, and that made him be as ftir of as he raighte ever at sutche times. I gesse it was concerning matters of his prerogative, Avhiche the king Avolde take ill if he Avcar not ansAvered in them as he Avolde have it. Upon Tuesday, 5 September, I dyned withe the secretary at his lodging in Windsor Castle, and presently after dynner went withe him to Stoke to my lord cheef justice and his ladye, Avhear he stayed two howor.", ■ TlK.t is, " Ave," LIBER FAMELICUS. 49 and rctorned back againe to the court. My lord tlianked liim for his kindcnessc unto me. j\Ir. secretarye told him lie wold be willing to <lo nic any kindcnessc, and that I was of his olde acquayntancc in Oxon. In the way a packet of letters was delivered unto him by a post whiche came from Venice, Irom sir Dudley Carlton. On Thursday, 21 September, my wife and I wear bidden to Stoke to dinner by my lord cheef justice and his ladye. 1 went, but she went not. Ther dyned the ladye Elizabeth Guillbrd and the lady Marye Arundell, two of the earl of Worcester's daughters, the lady llennagc and lady Maynard widowes, the lady Maynard baronettesse, sir William Bryer ami his lady, and sir Marmaduke Darrell and his ladye. IMy wife, bycaus she refused to go to Stoke, refused to go also in the afternoon to Ditton Park, to the christening of mr. secretarye's childe, "whether she was invited. About i\Iichaelmas, IGla, or sum few dayes after, sir IIeniiv Dymock my ancient acquayntancc died at Erdington in the countyc of Warwick, and for want of a will his whole inheritance descended to x\n Dymock, daughter of Frauncis Dymock his eldest brother. Giftos given me this Christmas. Sir Frauncis Leighe, a phesant. !My brother Uiilstrode, a colhir of brawne. My mother in law, 4 colhirs (jfbrawnc, "i capons, a goose py, a capon pye. Mr. Richard IMarlin, of the Middle Temple, three quarters of a doe. Mr. Vaus, a doe. St. John's Colledge, a pair of gloves. My cosen Peck, a jar of olives. Given by me this Christmas. To mr. justice Crokc, a turkey and a sugar lofo. In my going into my circuit this summer, IfilG, 1 kept n court at Bledlow in Ruckingliamshirc^ for Eton CoHedgo, and was verve CAMD. SOC. II 50 LIBER FAMELICU8. royally enterloyncd by my oM acqiuiyntancc Mr. Riciiard More of the Middle Temple, the coUedgc tenant thear. His wife and myne ar kinsewomen. He refused his reading in the Middle Temple, and was made presently alter master of the ehancerye. At my retorne out of ihc circuit 1 was enterteyned at St. John's Collcdge, and came along from Oxon. to Eton Collcdgc to the elec- tion, whcar the provost of Eton, the provost of King's Collcdge in Cambridge, the provost of Queen's CoUedge in Oxon. and dr. Wrighte, canon of Wells, vicar of Sunning, and parson of Heys in ]\Iiddlesex, did keep togeather all the election weeke. The provost of Queen's CoUedge dr. Arn, a grave, lerned, and reverend man, dyed about IMichaelmas after this meeting was in the be<Tinnin«- of August. Presently upon my retorn to Cluar I did visit that honorable and worthye judge SIR Edward Coke, lord cheef justice of England, who was newly retorned to Stoke from the parts about London, whear he was fayne to attend about his infor- tunate businesses at the court. Never man was so just, so ujn-ighte, free from corruption, sollicitations of great men or frendes, as he was. Never put counselors that practised before him to annuall pensions of money or plate to have his favour. In all cawses before him the counselor mighte assure his clyent from the danger of briberye, the secret mischeefs growing by wife, children, servants, chamber motions, courteours great or smale,and the most religious and orderlye man in his house that lived in our state. Thear grew sum sraale questions between him and sum of his tenants at Stoke about copies.* He sent for me, prayed me to keep his court, and to order all things as I sholde see cawse in justice, upon view of his roUes, and that he wold be contented withe what I determined withe him or against him. And accordinglye I did keep his court the Tuesday after Michaelmas day, and gave good satisfaction to those that made clamor against him. This ^lichaelmas term, 1610, the king bestowed the deaneryc of • Copyholds ; estates held by copy of court-roll. LIBER FAMKLICUS. .'51 Hereford upon my good Ircnd Riciiakd Mol'N'T.voue, (tllow d Eton CoUcdge, and tlic dcancrye of Glocester upon my good fiend DU. Laud, president of St. John's Colledgc in Oxon. The deancryo of Glocester was voyd by the deatlic of a most worthyc and re- ligious divine, namely doctor Feild, an Oxford man, and canon of Windsor. Kichurd Mountague was fellow of King's Colledgc in Cambridge. On Munday, 18 Xovcmber, 1016, was placed chcef justice in the King's Benchc siii IIenuy Mountague, on of the king's sergeants at law, in the roome of sir Edward Coke, who was removed from his place upon the king's displeasure. What was the cawse of the oftencc by the king is not for subjects to meddle withe, but those that practised before him, or had cawses before him, found him the most just, honest, and incorrupt judge that ever sate on benchc. Wliat wear the cawses rumored abroadc I mean not at this time to set downe. Sir Henrye Mountague was of the Middle Temple, a yonger sun of sir Edward Mountague of Boughton in com. Northampton, knightc, who was sun and heir of sir Edward Montague, knighte, cheei' justice of the Common Pleas. The lord chancclor, upon the sayd 18 day of November, when he came into the court of King's Benchc to give the othc to the new cheef justice, made a verye bitter invective against the late chcel justice, taunting him withe being ambitiouslye popular, and other faultes whichc no Avay towched his honest, just, and uprighte dealing, but rather implying faultes so esteemed to be in a monarchicall state, and did ernestly incite the now cheef justice to avdyil the faultes and fortune of his predecessor, and to imitate the virtues and strive after the fortunes and honors of his grantl- fathcr, whiche I merveyled at, considering how unfortunate the end of his grandfather was, whiche I will relate out of the mouthe of sir Sydney INIountague, master of the requcstes, brother to my lord chcef justice and a barester of the Middle Temple necr my time. Sir Edward Montague was (irst chcef justice of England, then of the 52 LIRER FATVIKLTCUS. Cuinnioii I'loa?, lor in liis covetous humor he Iclt the higher phicc to descend into tlic more gaynfuH. He was a privic counselor to Henry VIII., and ah intimis withe those actions that ar to be con- demned. He [was] left to be on oi' the counselors to Edward VI. by Henry VIII., and made on of his executors. When queen Marye came to the croAvne, she cast him into the Towr for treason, l)eing the man upon whome the making of king Edward the VI. will was layd. But he shewed for his help a writ under the great seal by Edward VI. commanding him to make the will in forma, and a charter of pardon after the will made, and olFercd proof that he was inforced by the threates of the duke of Xorth- unibrrland to make the will, so his mult was lossc of his place, and payment of 3,000/. It is a proverb, " Many Mountagues, but on !Markham."* In Aug. last, 1616, sir Augustin Nicols, a justice of the Common Pleas, dyed in his circuit in the northe. He was at a great euterteynmeut at Xaworthe at the lord "William Howard's,! whear he fed upon his last food, for he dyed within few dayes after, and never eat or drank after his meal at Xaworthe that he could reteync, but was taken withe a violent distemper of casting [and] purging; untill he dyed as if he had been poysoned, and sayd to his people about him, he sholde dye, and yet he knew not of what he was sik. He was a most lerned and uprightc judge, of an exceeding pleasant and affable behavior, a cumly man of personage, and beloved of all men but of those that love none that will not say as they do. He was of the Middle Temple, and so was his father before him, a veryc grave and lerned reader. He was 57 yeares of age in Aprill last, as he told me when he saAv me last. This Michaelmas term, 1616, I boughte of sir William Alford • This proverb, which has not been found mentioned elsewhere, is one of many testimonies to the popular reputation of that excellent and truly honourable public functionar}-, sir John Markham, lord chief justice in the reign of Edward IV, For several generations he was continually cited a-s " the upright judge." See Foss's Judges, iv, 441. t Belted Will. LIBER I AMELTCrS. 53 of Mcux in tlic countyo ol" York the manor op Fawlky in the c-ountycs of Bucks and Oxon. It cost nic 9,000/., of whiclic I payd 3,000/. rciidyo money, and am to pay G,()00/., tliat is to say, 2,000/. ultimo Nov. 1017, 2,000/. ultimo Mail, IfilS, and 2,000/. ultimo Nov. 1018. 1 tokc liveryc of seapin upon the 5 of December, 1616, of the land in Bukinghamsliirc, and of the land in Oxfordshire, 20 December, 1616. I kept court for attornament of the tenants upon the feast day of St. Thomas tlic apostle, 1616. In Januarye dyed MR. Lkwes Prowd, a reader of Lincolne's In and justice of assise for three shires in Wales, and on of the go- vernors of Sutton's hospitall. By his deathe I had by survivor the stewardship of the lands of Westminster Colledgc, and the steward- ship, or under stewardship, of the court of St. Marlin's-le-grand, London. Thomas lord Elsmeer vlscount Brackley, and chancelor of England, dyed in tlie beginning of Martclie, 1616. It had been good for this common wealtlic il" lie had been out of the worldc 20 yeares before, for he was the greatest cneniye to the common law that ever did bear oflicc of state in this kingdome; he was ther- upon termed viscount Brcaklaw for viscount Brackley. The seal was taken from him sum small time before he dyed, and delivered to sir Frauncis Bacon, the attorney-gcnerall, who was a younger sun of sir Nicolas Bacon, keeper of the great seal, and was a dooblc reader in Grayes In, first sollicitor, and then attorney. Sir Henry Yelverton, the king's sollicitor, was made attor. ney. He was a reader of Grayes In, and sun and heir to sir Chris- topher Yelverton, on of the justices of the king's benche : his mother was daughter to Catesbyc of "Wliiston, whose mother was daughter to sergeant I'igot, and sister to my wile's great-grandmother, the wife of George Bulstrode esquier. Mil. Tikxmas Coventree, of the Inner Temple, a green reader, being newly chosen a recorder of London, came to be sollicitor and knighted. He was sun and heir to Tho. Coventree, u judge of the Common Pleas, and red in sum- mer 1616, being then my puisne tlircc yccrs, how and nuibus (jradi- 54 LIREU FAMELICUS. bus asceudil (id /nee culinina, fjuwre. Mr. J«^lin Walter, the prince's attorney, the fittest man in England for it, and ancient to nir. Co- ventrce a dozen year or more, was omitted, Avhomcall the world had dcstinated to the place. These tlirecj Yelverton, Walter, and Coventree, wear my speciall frcuds and acqnayntance, and I and they rid Oxfordshire circuit to- geatlier manye yearcs. Mil. Anthonye Ben, a reader of the Middle Temple, stepped in to be recorder of London. He was a citisen's sun of London, well cnoughe spoken, but liis spokesman in this busiuesse was the king's letters, procured by a great on about him, to wit, tlie erl of Buck- ingham. Sir Georoe Snigg, on of the barons of the eschcquer, was put from his circuit of Glamorgan, Radnor, and Brecknock ; and Walter Pye, barister of the Middle Temple, whose turn is not to reade un- till next Lent, was put into his place by the meanes of the erl of Buckingham. The lord chancelor Elsmcer wold have had the place for sergeant Frauncis More, but could not, as I herd credibly. This sergeant was knighted in Martche last. On MR. Naunton, that had been a fellow of a colledge in Cam- bridge, and was not long si thence made master of the requests and knighted, was by the meanes of the ladye Compton, mother to the erl of Buckingliam, made surveyor of the court of wards this winter, a place ever held by men lenied in the law, as Kingesmill, Kella- way, and the like, and this man a schoUer, but meer stranger to the law. Also 8IR Lionel Cranfeild, that was an apprentice boy in Lon- don of late yeares, and sithence thrust into the acquayntance of great men by the dealings of William Peache and Richard Lyons, 50 Edward II L,* was made master of the requests by the erl of Bucking- ham's meanes; a place requiring a man lerned, ether in the civill or * William Peachcy and Richard Lyons were two of the farmers of the customs whose misdoings were a subject of parliamentary inquiry at the time hero referred to. LIBP:R F.VMELICU8. 55 common lawcs, and so they have allwayes been. These things 1 sot downc tor postoritye to know the course of things in our profession. Upon Satur(hiy the 5 of Aprill, being newly rctornetl out of the circuit, I visited the new lord keeper, who gave me verye noljlc and kinde words of encoragement. The same day 1 visited siii IIenrvk Yelverton, the new attorney, who related unto me the manner of his cumming to the place, and, shutting his clycnts and other re- sort from him, shewed jiis ancient love and good opinion of me in an cures discourse verye neer. That concerning his place was thus, that the king having delivered the great seal to sir Frauncis Bacon, sayd, openly, before the lords, that now he had setled that he had no cawse to think farther upon the rest of his businesse, for they knew he was resolved his sollicitor shold be attorney, and therefore sayd merely, that if any man wold move him to the contrarye, he wold thinke him half a traytor. Thereupon all the lordes gratulated the sollicitor, sir Henrye Yelverton, as attorney, and he was directed to make his warrant for the place that the kini:; mi^hte sij'ne it. This publication, and the king's signification of his purpose otherwise, made the sollicitor secure of him ; so he made his warrant readye for the king to signe, and to have it exhibited at best opportunitye. Not long after, he understood by sum of the lords, that the erl of Buckingham was agent for an other, and did crosse him, and was privily advised by sum of his frends, as the duke of Lenox,* the archebishop of Canterburye,t and others, to repair unto him, and make away the faltc. He absolutely resolved and vowed he wold not deal withe hiin about it, nor speake to him, and so it continued sum few dayes in a stanil, many of his frends telling him the eric shewed himself openly against liim, and that he must get somebody to move the king, or go t(^ him himself, iusomutche as the duke of Lenox toldc him he had broke out intoplayne termcs witlie the erl about his opposition against tlie king's purpose, and tlie desire of all * Lodovick, second duko of Lenox, oli, 17 May, 10"23. f Archbishop Abbot. 56 i.nu:u famklicus. Ills lords and counscll, uiul that he liad exchanged as hot words withe him as ever he did withe any of that rank. Sccreatarye Wynwood oftered him to go withe him to the king to exhibit his warrant to be signed, but he refused, and protested he wold leave it to the king, who he knew had judgement enoughe to cluise his owne servants. This continuing still in this sort, and the whole court being as possessed of a stay of the proceeding, and fearing the hindcrance of the successe by the erl's favour withe the king, on Robert Pye, a servant of the crlV, who was imployed by him in his most private afTayrcp, came to the sollicitor erly on mourning before he was out of his bed, and being admitted to him, toldc him, that the erl of Buckingham desired him to cum to liim, and to bring his warrant that sholde be signed. He went unto him so soon as he was readye, and, being led by him into a private room, did thcar begin a kinde expostulation withe him, in that he had not used his help in cumming to the place of attorney, telling him he intended to have afforded him all the help he coulde, if he had been but spoken to in it, and that he looked not for any recompence, notwithstanding sir James Lea had offered 10,000^. to have the place, and making sum shew that his favour withe the king Avas, in the opinion of the world, ecklipscd by this neglect of him, and he not thoughte to be of that power he had been, and other words tending to an invitation of the sollicitor to use him in the businesse, and desired him to deliver him the Avarrant, and he wolde presently get the king's hand unto it. The sollicitor excused himself, that he soughte not for his fartherance in it, bycaus he saw as well him as all other the lords well pleased withe the king's purpose in it, and to have made a suit to him had been to have suspected his favour to him, and besides that, the king had discovered his purpose in it, and it was not usuall, for sutche places, to acquaynt or deal withe the favorites of kings, being things that go in coui-sc, unless cawse be to the con- trarye. And tolde him he had always shewed himself readye to do liim any courtcsye, and that he never disasscntcd from that he desired but in on thing, and that was in being of opinion that the LIBER FAMELICUS. o7 transaction made by sir John Roper for his office was not against the statute 5 Edward VI. So after mutche exchange of words, and a verye kinde conclusion of all speeches, withe this especiallyc, that he could not mislike that my lord shold be careful 1 for yutchc a on to cum into the place of attorney that shold be his frend, considering it was a place that the greatest men in the realme mighte have hurt or good by it, he toke of him his warrant, got the king's hand to it, and broughtc [it] againe unto him prcsentlye. Mr. attorney did protest unto me ujjou his creadit that he nether gave to the erl nor to any other subject in the kingdom on farthing to cum to the place, nor contracted for anything, nor promised anythinr«- nor had any speeche about it. But when the businesse was done, and no expectation of any thing, he went privately to the king, and told him he did acknoledge how like a good master and worthye prince he had dcalte withe him, and, althoughe thor was never mention, speeche, or expectation, of anything, to be had for his having of this place, but he came to it freely, yet, oughte of his dutye, he wolde give him 4,000/. readye money. The king toke him in his amies, thanked him, and commended him mutche for it, and tolde him he had need of it, for it must serve even to buy him dishes, and bad him paye it to his servant ^lurrey, wdiichc he did, and shewed me the acquittances for it, under the hand of mr. ]\Iurrcy, who, as I heer, is keeper of the privie purse. I toke by relation from sir Henrye Savill, the provost of Eton and warden of Merton College, that he was 68 yeares of age at St. Andrewes day 1617, and tliat he was chosen warden of ^lerton College in anno 158-, and provost of Eton in anno 1.396. I was blowen out of the olUce of the Kinges IJenche (de fjtio vide supra, p. 40) in this manner following. The erl of Somerset being attainted, the erl of Buckingham got the reversion of the olUce. Sir John Roper wolde not yeild to surrender untill the king dealt withe him. lie at the last agreed, and was made baron of Tenham in Kent, and was contented two shold take a grant of the otficc for thcar lives, CAMD. SOC. I 58 LIBEU FAMELICU8. putting in sccuritye to make him ti true accompt of all profits during his hie, and themselves to have nothing, nor to meddle withe the execution of it. Those put in wear Robert licathc that was on of the first patentees, the other Shute of Grey's In, tlirust in by menace of the then attorney generall sir Francis Bacon, a privie counselor, against the will of the then lord Tenham, who desired to have had me in. But when 1 moved mr. attorney about it, who undertoke to manage the businesse as he list, he tolde me he wished me better then to have me a clerk accoumptant, and bad me go on in the course I was in, and he woldc do me more kindnesse that way. I toke his fair speeches as proceeding from his desire of his owne cndes, that was to gratifye the Villers, by providing sum future stay for Shute, that was a hangby and petifbgger of thearcs, and was never likelye to be able to do more good then bear a name and another to take the paync. I made no great sute to continue in, but desired that I mighte be freed from that little interest I had in it from my lord of Somerset by sum course of justice, as in the estchequer chamber. It wolde not be suffered, but I receaved letters presently after from the attorney, with a mandat from the king to surrender, and had sum intimation under hand of threates if I did not. The letters wear these. Whearas i have receaved his Majesty's privie seal directed unto yow to make surrender of those grants whiche were made unto yow of my lord Tenham's oflice, I send yow heerwithe the said privie seal, requiring yow, all other businesse set apart, forthewithe to perform the same, for whiche purpose yow, mr. Ileathe, have writings allreadye prepared. 18 November, 1616. Frauncis Bacon. The superscription. To his loving frends, Ilobert Ueathe and James Whitelocke, esquiers, theis. The mandat began, " James, by the grace," and recited the grant made to Heathe and me of that oflice, 7 Julii, 18 Jacobi, at the petition of the then viscount Rochester, afterward erl of Somerset, recited the covenant to surrender at his request, the righte of the crowne by the attainder, and then commands us to surrender and LIRE It FAMELICUfl. 59 release to all covenants and bonds, all actione, dutyes, debts, and demands, by reason of tlic sayd covenants and bonds. Dated 18 Nov. 14 Jacobi. The writ is lon<^s but is inrolldl in the King's Benche, Michaelmas, 14 Jacobi, rot. 200. It did also recite the grant of sir Edward Coke, lord checf justice of the King's Benche, made unto us 4 Nov. 11 Jacobi, a matter 1 knew not of untill I red it in the writ. It was '* under the signet, at our palace of Westminster.'* I have the copie of it at large among my papers. Accordinjj to this command we did surrender into the hands of the new cheef justice, sir Hcnric JNIountague, at Sergeants' In in Fleet Street, 19 Nov., 14 Jacobi. And this is also inrolled in the King's Benche, Michaelmas, 14 Jacobi, rotulo ducenteshno. The office was presently granted by the cheef justice to Heathe and Shute, in manner as is before expressed, and the chief justice hathe 500/. the year out of it. Robert Heathe dealt suspiciously in this matter, and 1 doubt he will never have any great katche by it. They will be but bankers, or cashcmcn, at the erl of Bukingham's command, and I am a free- man, and hope so to continue. In summer 1617 my wife and I spent our time at Fawly Court mending and repayring the house, and orchardes and gardens about it. In September I made a progresse journey to Cambridge, with sir Ilenrye Savill, about the businesses of ^Icrton Colledge in Oxon., whear we met withe lerned men, and had nnitche companye withe them . Richard Neil, late bishop of Lincoln, being this last vacation, 1617, promoted by the king to the bishoprik of Durham, granted me a pension of 4/. per annum, pro concilio impenso et impcndendo, and 5/. a year to mr. attorney general, sir Ilenrye Yclverton, and o-ave ether of us five unites* for seasin, whiche is 51, lOs., eatche of us. His patent is under the seal of his bishoprik. " Dated at Durham House in Westminster, 15" Octo., 15 Jacobi." * Tho "unite," or " unitic," was a sovereign, coined b_v Jauu'S I,, witli the design that it should circulate throughout tho united sovereignties of England and Scotland. 60 LIBER FAMELICUS. John Buckkidge, bisliop of Rochester, gave me an another annuity of 40s. per annum, for counscll, dated 29 October, 15 Jacobi, and 20s. for seasin. I had taken for me alive, and sum bred up, at FaAvley, this Latter end of the year 1017, above sixty partriges. I gave a covey of thirteen alive ons to the lord keeper, and another covey of ten to the lord chief justice of the King's Benchc, and this was a little before Michaelmas term becjan. Upon the 27 of November, 1617, the lord keeper, upon the motion of the lord cheef justice Mountague, being justice of assise in Buk- inghamshire, and of sum of the principall gentlemen of the countrye, made his warrant, dated that day, to the clerk of the crowne, sir George Coppin, to place me in the commission of the peace in the countye of Bucks, and I was placed accordingly, and of the quorum. My othe was given me by mr. justice Croke, to whome, and to Eichard More, esq., master of the chancerye, a commission was awarded to take myne othe. I was placed fourthe esquier in the countye. The dean and chapter of Westminster did grant a new patent to me alone, of the office of generall steward of all thear lands, whiche I held joyntly withe mr. Prowd whilest he lived. I had also the understewardship of st. Martin's granted me by expresse wordes, dated 6 December, 1617. The dean wolde fayne have had mr. Eichard Dover of Grayes In to have been joyned Avithe me, but the chapter utterly refused it. Upon Sunday, 14 December, 1617, George Mountayne, dr. in divinitye, dean of Westminster, was consecrated bishop of Lincolnc, at Lambethe. His successor in Westminster was doctor Townson, chapleyne sum time to my lord Coke, and after preferred to be the king's chaplein, but the time he was made dean of Westminster he had no spirituall living, but of my lord Coke's gift. These two deanes weare fellowes of Queen's Colledge in Cambridge. The same day doctor Felton, parson of Bow, was consecrated bishop of Bristow. MUKR FAMELICUS. 61 In Michaelmas term, 1017, dyed my wortliyc frond Siii Kapiie Wynwoode, principal sccretarye; his acquayntance and mync began in Oxon., uhear he was a master of art and fellow of Mag- dalen Colledge, and procter of the university together withe Thomas Savill, brother of sir Henry Savill, who dyed not long after, fellow of ]\Ierton Colledge. Into the place of seereatarye Wynwood came mr. Robert Nawnton, a master of art sumtlnies in Cambridge, who before was on of the masters of rerpiestes, and surveyor of the court of Avardes, and into the place of surveyor of the court of wardcs came sir Humfrcy May. Siii Hu:mfrky May was one of the suns of liicluud ^lay, a wcalthye citisen of London, whiche liichard was born in Portugall of Englishe parents, and lived verye worshipfully in the citye of London untill he dyed. Sir Humfrey and I came from Oxon. tocreathcr to the Middle Temple, and boughtc a chamber, and wear admitted into it the first time we came, and so continued untill he went into Ireland about the end of the raigne of queen Elizabeth withe the lord Mountjoy, and when he came over withe him in the kinfr's time he was made a groome of the privie chamber for 500^., whiche place he left to a brother of his, and became seereatarye in Eno-land for the kingdom of Ireland, and dispatched all businesses for that countrye. Afterward having been surveyor of the court of wards sum few weekes, he was made chancelor of the duchye of Lancaster, whiche place was voyd by the deathe of sir John Daccomb. lie was set ther in Ester term 1618. Into the roome of surveyor of the court of wards, Ester term, 1618, was preferred Benjamin Eudyerd, immediately after knighted. He and I wear toireather in st. John's Colledge in Oxon., and came from thence about on time to the Middle Temple, and wear called to the bar togeather by mr. Nicholas Ovcrburye, in his reading August 1600, but 1 was called absolutely, and he so as the Bcnche wolde allow it at the term. He Iclt the studye of the law, and betooke himself to travcll, and, getting into the good opinion of the erl of Pembroke ;ind other noblemen. w;is put into this plaee, whiche is the place of 62 LIBER FAMELICUS. a lerncd lawyer, and had over been so holden iintill ?ir Robert Nawnton was thrust in. Justice Warberton and justice Crokc, justices of" assize for the countye of Oxon., wrote letters to the lord chancelor signifying that it was verye convenient I shold be in commission in the countye of Oxon., as well as in Bukinghamshire, and therupon a warrant Avas directed to the clerk of the crowne in these words. These ar to will and require you to place James Whitelocke, esquier, in the commission of the peace for the county of Oxon ; and this shall be your warrant. From York House, this 7 of May, 1618. Fr. B., Cane. To sir George Coppin, knighte, clerk of the crowne. Justice Warberton lay at my house at Fawly court, and gave me my othe; it was in his way to Oxford assises, 2 Julii. This vacation in summer, 1618, thear did resort to me and lodse withe me, of my frendes, the ladye Browne my wife's mother. Sir John Tirrell and his ladye, Pawl Croke and his wife, sir Henry Browne, the deanes of Westminster and Gloucester, docter Dayrell, the porvost of Eaton; and I toke a journey into Oxfordshire to meet the dean of Westminster at Lawnton, from whence I went withe him to Islip, from thence to Stevington in Barkshire, to mr. Wiseman's, and so home, and left Richard Okely my clerk to keep courtes for me, whiche place he had supplyed the whole progresse, before I came to them. In August, 1618, being on of the cubberdmen of the Middle Temple, I went up to argue at the reading, the reader being mr. Ford of Devonshire, to whome I gave a buck and 145. This vacation I was, by the lord chancelor's letters, requested to joyne withe sergeant Frauncis JNIore, knighte, to settle the contro- versies between sir Frauncis Stonor, knighte, and sir Henrye Stonor his sun and his wife, who was daufrhter to sir William Woodhouse, and neece to the lord chancelor by his sister. I was present at Wickham at the assises for the countye of Bucking- ham the Thursday after Michaelmas, 1618,whear I was desired to give LIBER FAMELICUS. 63 the charge, and did it. Thear wear present sir Marmaduke Darrell, cofercr, sir William Clerk, sir William Fleetwood, sir William Borlas, sir Frauncis Godwyn, sir Frauncis Chcyney, nir Thomas Lee, my brother Bowstred, and Christopher Hampden. This Mychaelmas term I gave away in presents twelve live partrlges to the lord chancelor, twelve to the lord checf justice, and twelve to the chancelor of the duchye, at on time, and six at an other, besides those I spent myself, all whiche I toke out of my demeanes at Fawlye, to the number of sixty, and I toke as many thear the last Avynter, and yet the grownd as well stored as any in the countrye, by letting go the olde ons for mates. Between i\lichaelmas and the term dyed my ancient frend sir Anthony Ben, of the Middle Temple, reader and recorder of London, and in his place was elected, by the king's letters, MR. Richard Martin, of tlie ]\Iiddle Temple. He was made recorder by the sollicitation of sir Lyonell Cranfeild, master of the requestes, being tolde it shold be done for him, but he must bo thankful. He consented, but knew not in what manner, and heincr elected bestowed sum two or three hundred pound in gratuities, but was afterward made acquaynted tliat 1,500/. was to be payd, whiche was appoynted to be delivered by him to sir Edward Zouche, to help to make payment of 3000/. to sir Thomas Vavasor, Avhiche he was to have of him lor surrendring his place of marshall uf the house, into whiclie sir Edward was to succeed. This money was layd downe by sir Lyonell Cranfeild for mr. INIartin, but it lay so heavye at mr. Martin's hart after he knewe of it, that ho fell ill and heavye upon it, and toke his chamber and never came forthe untill he was caryed to buryall. He died upon Allhallond eve, 1618. 1 was sent unto the next morning to stand for the place. I sent presently into London to my liendes the aldermen, and to the court. From the court I was certifyed from sir Edward Zouche he liad 1 ,500/. in his purse upon the last placing, and he wold labor to keep that, and from a frend of sir Lyonell Cranieild's that he had layd out 1,500/., and was like 04 LIBKU TAMELICUS. to loose it if he wear not salved upon the new election, and 1 was advised to cum in as a peeser up of tliat bracke. But in thcslcknesseofmr. Martin, inr. Sliute of Grayes In had, by the lord niarqucssc mcanes, moved the king and procured letters ready for the signature, whichc wanted only date and signing, and so soone as mr. Martin's breathe was out of his bodye had them sio-ned, and sent to the maior and aldermen to elect him. The purport of the letters wear that he was commended to the king for a sufficient man, by the lord chancelor and lord cheef justice, and so pressing them to elect him. These wear delivered to the lord maior and aldermen upon Munday morning, being Alsoules day, but they wear parsonally sollicited by the chief justice, and by certcyne knightes sent from the raarquesse, as they wear in Pawles churche, upon Allhallond day, whiche was the day after his deathc, and that withe rautche gesture and importunitye. I made meanes to the cityc by sir William Cockayne, sir Thomas Bennet, Prescot and Bennet aldermen, and divers other sollicited by ther brethrcen my very good frends, and had ther good opinion for the good service they conceaved I [had] done for the citye in the parliament. Upon ]\Iunday morning, being Alsoules day, they went to the election. I was advised to be in a frond's house in the citye, not far off, whichc I was. Mr. Shute came to Guildehalle, to the court of aldermen, in wreat braverye, withe manye of his frends accompanying him ; he sent in his letters, and expected a present election. The ilrst work was, who shold be put in election, whiche ar to be fowr, and the aldermen first go to that choyce by scrutinye. Mr. Shute's letters beino- red first, exception was taken by some frendes of myne, that the kiufr, contrarye to his promis by his last letters, had this time pressed them withe letters; secondly, that he had commended unto them a man knowen to be unworthye and unfit for the place. The altercation grew warm between the courtiers' followers and the free citisens. At last, among other unfitnesses, it was alledged he was outlawed; it was so maynly denycd, that in all hast they that LIBER FAMELICUS. 65 affirmed it wear faync to send for the record from the counter, whiche was broughte and shewed, and thcrupon the election brake up, and he departed withe highc and menacing speeches against them. Upon this thear grew a great displeasure, THE loud chan'CELOR toke it verye ill, and sent for divers of the ahlermen [and] pressed them to give reason of tlier refusall. They denyed. The king toke it ill, and, beginning to reprehend the lord chancelor for cawsing him to commend an unfit and unworthye man, he was justifyed by the lord chancelor to be a fit and worthyc man, and made beleev it was sum matter of faction and private end, and requested the king to imploy him in finding of it out, whiche the king wold shold be so. Heer- upon the lord chancelor rulfeled mutche Avitlic divers of the aldermen, whomc he sent for. Withe them he talked, bothe openly and togeathcr and singly and privately withe eatche of them, in his studye, to know why they refused, and to pressc them to give an andsuer whiche he mighte retorn to the king. They told him they mighte not discover tlie secreatcs of ther counsell, nor give reasons why they [did] any thing in ther counsell-chamber, and therfore desired to be pardoned, and so kept of, and in the mean time sent a committee of four aldermen to the king, and to the marquesse, to satisfyc them. When they wear broughte to the king, he demanded of them why they did not chuse mr. Shute, whome he commended by the information of the lord chancelor and lord cheef justice, mr. Shute standing thear by. The aldermen desired they mighte, according to ther charters, have a free election, without being pressed by letters. They wear pressed to give reasons why they refused him ; mr. Shute charging them withe siding, and private ends, and that he had a major part, or at least the better. They allirming before the king, that he had not on man desired his being chosen, and being mutche urged, brake out into a disco verye of his being outlawed. The marquesse excused that, and tolde the king that it was upon an action sued against him, when he was a yong man, for a baterye. They replyed he was outlawed in tiftocn more, and sum of them CAMD. SOC. K nfi LTBER FAMELTCU8. wear for tlclU alter judgement. So, after mutche altercation, it was tlu.uglite ))>' tlio inarquessc an impossibil[it]yc to have him accepted ol'. 'I'hen the uuirquessc whispered the king in the car. Then the kin"- be-an ajraine witli them, and told llicni he wold not breakc ther privilodgcs, by writing, but sayil lie wold commend an other to them, who as he was informed was a verye honest man, and a verye good lawyer, on rar. Ilcathe, and hoped that his word and com- mendation shold make his speed the better, and expected that they shold regard his request to them, as they wold hope for him to respect ther request to him. They gave his majestic great thankes, and toldc him they wold acquaynt their companye withe his majesties desire, and so departed. This lloREUT IIeatiie was the marqueses creature, and joyned in patent withe Shute for the receaving of the profits of the King's Benche office for the use of the marquesse, a man to well acquaynted withe the Scotts in the bedchamber, and a great agent in new suites and projects for greedy courtcours. The cityc wear straightc informed of the man. They distasted him. I followed my suit upon fair termes, of their freedom and myne owne, and had a sure major part. They proceed to a new election. It was perceaved that tlic king's commendation wold not prevail. The morning, as they wear togeathcr in Guildhalle, sir Lyonell Cranfelld came into ther court of aldermen withe a message from the king, in a manner cliarging them to chuse mr. Heathe, and no other, and that if they did not chuse him they shold forbear to proceed until they had given his majestic reasons of their refusall. Ileerupon the counsell brake up, and they dispatched a committee of seven aldermen to the king, to desire him to withdraw^ his pressure, anil to leave them to a free election. He gave them a milde answear, but told them, if they neglected him he wold neglect them, and that they shold not look for grace and favour at his handes, if they did not regard what he requested at their hands, still pressed them for mr. Ileathe, and bad them go to their election. The aldermen desired t(j know his pleasure, LIBER FAMELICUf*. 67 wlictlicr he wokl not give them leave to liuvc a free election ; he answered, I,* but still pressed his commendation, whiche he expected they sholdc regard. His majestic was askud il" ther wear any ho wold bar from tlic place; he confessc<l but on, and that was mr. Thomas Crew, and spare him, and take any other in the kingdom, but still withe an item of his expecting their satisfying his request; and so they departed. Against the time of the next election they understood all this was likely to be in vayne, for ther wear false bretheren among the aldermen. The principal or only on that was thoughte to deal so was sir Thomas Low, an ancient alderman that had been maior. It was discovered that for any thing done yet, 1 wolde be the man, and mr. Ileathc be refused ; thcrfore, to make all sure, the lord chancclor sent for divers aldermen, and dealt withe them; the king sent for the lord maior to the court, and had private specche withe him, and Jolui Parker, the nighte before, came to divers of the aldcrrncn in the king's name, as sent by his majesty, acquaynting them that his majesties expressc ])lcasurc was, mr. Heathe sliold be recorder, and I, by name, shold not be, and gave sum reasons, as if ther had been a remembrance of my not pleasing the king in parliament. Deliver- ing this message to sir William Cokayne, that knew him not, and understood of him he was secretarye to the marquesse, he asked him whether he wear sent by the king or by the marquesse ; he answered him, from the king himself, and he wold not for his hcd say so if it wear not true. I was presently acquuyntod withe this, and that the message was done to most of the principall aldermen and my best frendcs, and it was in that manner that 1 thoughte it not lit to continue my com- petition, and therfore, by the advise (jf my frendcs, gave order to sir William Cokayne to renounce my competition at sutche time as he saw cawse. The next day they went to election. it was under- stood by my frendcs how to make it sure for Heathe. A bar was * A^e. 68 LIBER FAMELICUS. put in agaiast inc; they tlicrCorc tlioughtc upon a course to obey in not electing me, and yet to put hy Ileathe, and that was by putting Mil. "Walter into election, who was so famous and Avorthyc that the voyces wear likely to go for him, if it mightc appear he wold accept of it, for he had before openly affirmed he wold not liavc it, I, when I perceaved I mighte not have it, gave out I knew he wold take it if he wear chosen, thoughe he wold not sue for [it]; and I had reason to think so by sum of his frendes. This plot being layd, the election was begun in full court of the lord niaior and twenty-four aldermen. Four wear to be put in election. I was first named by sum that knew not anything to the contrarye. They that knew it began to make a pawse that seemed strange, bycaus they wear my frendes, as namely sir Thomas Bennet and other. The matter began to breake out, and sum altercation was likely to ensuy, for thear wear those that wolde have gone thoroughe withe it, and taken no notice of bar against me. But, to quiet all, sir U illiam Cokayne stood up and signifyed unto them, that I ac- commptcd myself verye mutche beholding to them for thear loves, but for sum reasons I was resolved to forbear to be put in election. They knew he was my principall frend, and did not doubt of his warrant to renounce, and toke it that I had good reason to do so, otherwise I wold not reject thear goodwills. IMutche was spoken on my behalf, and more muttered of the course taken against me, and so an end of my busincsse. They bare no goodwill, as it sccmetlie, to mr. Ileathe, in the election, for of the twenty-five tliat wear thear eleven gave thear voyces to mr. "Walter, and on, that was sir John Garret, openly professed against that course held, and that he had been at the chusing of ten recorders and never knew sutche proceeding, and seeing I did not, nor mighte not, stand to have his voyce, he wold not give it to any other, and so gave no voyce. Thear wear fowr put in election, as the manner is, but two of them only had voyces the other wear cyphers ; rar. "Walter, the prince's attorney, sir Thomas Ireland of Graycs In, and mr. Iledlye of Grayes In. "When all was LIRER FAMELICUS. 69 done my frcndcs the juJ^a'S made mcrye withe me, and tolde me, I !* they herd I went not so far as mr. Shute, to be nonsuit, but when I saw it miglite not be, tokc out my record. In this two good qualityes of the time wear practised; the on, I was barred from that by highe hand whiche by tlie libertyc of a subject was lawliill for me to ask, and I was sure by a fair course to have obteyncd, and this as a revenge for doing my duty in parlia- ment wlien time was. Tlie otlier, that whiche is thear owne they mightc sell, none Avolde expect the contrarye, but in this they wolde sell that Avhiche was the free voyce of others, for thcar is little doubt but that mr. Ileathe must pay the 1 ,500^. ; I understand sir Lyonell Cranfcild meanethe not to pay it himself, thoughe he layd it out, and sir Edward Zouche hathc payd it to sir Thomas Vavasor, and 1,500/. more, and is in his office of marshall of the house. My frcnds merely tell me, I am Reminiscor thoughe not recorder, and that mr. Thomas Crew was Memini. This vacation, between Michaelmas term and Christmas 1618, the lord chancclor, at the instance of the marquesse of Buckingham, steward of the liberties of AVestminster and st. Martin's le Grand, for the dean and chapter of Westminster, granted a speciall commis- sion of the peace for those liberties, in whiche T was of the quorum, withe the dean and other of their frcndcs. This monethc of December, about on week before Christmas, dyed my olde frend .aiii. Henry Stirrell, that was appoynted to be reader of the jMiddle Temple at Lent following. He and I wear of on time, and his wife was my wife's kinscwoman. Her mother was sister to Robert Drewrye, father of olde sir Henryc Drewrye. This vacation, between Michaelmas term and Christmas, a speciall commission of the peace was granted to the citye of Westminster by the lord chancelor, at the instance and request of the lord marquesse of Buckingham, hIghe steward of the sayd citye and libertyc. It was dated 23 Dee. 1618, 16 Jacobi, [and] extended to st. Martin's le Grand as well as Westminster. I was made deput\-e custos rotulo- • Aye! 70 LIIIEU FAMELICUS. rum to hiiu in bothc liberties, by his writing under his hand and seal, dated 12 January, 1618. The first session of the peace was kept 19 January, 1618, at whiche time I, as recorder, gave the charge, and sat next the dean, wlio sate in the middle. Presently after Christmas, by the same meanes, was a commission of nusanccs granted for the libcrtye of Westminster. By the untimely deathc of mr. Stirrell, qui ohiit hi Decemb. 1618, mr. William Rives, who was appoynted to read in summer, was called to read the next Lent, and I was called up to the bcnchc in Hillary term, and appoynted to read in summer next, fjuncc, 2" Au(jtisti, 1619. I left the circuit at Bridgcnorthc, and went not to StaiTord, and so came to London, upon Saturday 24 JuHj,to prepare my self toward my reading; and that week, according to the custom, 1 kept commons in my lodging, and allowed speciall achates of myne owne. Venison given to my reading, and the fees. In the term, for the benche table. Bucks. 2 Junij, mr. chaucelor of the duchyc, 1 buck, 13*. 5 Junij, mr. Whitton, IP. 9 Junij, mr. Walter Py, sans fee. 12 Junij, sir William Udal, 13^ Eodcm, mr. Henry liulstrode, 11' 6''. Stag. 30 Julij, mr. Henry Bulstrode, a stag, 22% At the reading. Bucks by euerye on of these, and my fees. Mr. Thomas Read, 2' G''. The bishop of Lincoln, 12^ 6''. Mr. Walter Tye, \5\ Sir John Dormer, \2\ 0''. Sir Richard Lovelace, 13'. Mr. Thomas Bramston, 3\ Chancclor of duchy, 12". Mr. Curl, 2". Mr. Thomas Trist, 12'. Sir Henry Britten, 10\ Sir Richard More, 11-. Sir William Borlas, 15-. LTRETl FAMF-LTOUfl. 71 Mr. Robert Pyc, 19«. Sir John Garret, 13». Sir William Pyt, 12- C. Air. Uicliard Lane, 11". Cornwel Ducat., 13* C*". Sir .lolin Sams, 12" 6''. Sir John Tyrrell, 13". Sir Robert Vernon, 13* G'". Justice Croke, 13". l^Ir, Robert TanfeiUl, 10-. Bishop of Lincolne, 13" G''. Sir IJaptist Ilikkcs, 13". Mr. John Iloskins, 13'. G-^. Mr. Hughe Holland, 14^ Sergeant Frauncis More, 13» G''. The erl of Rridgewatcr, 14'" G'' Sir George Rivers, 14' G''. Sir Henry Browne, 13*. Mr. sollicitor, 13". G''. Mr. Clifton, 13". G-' Mr. Rowlyc Ward, 13'. G''. Sir Edward Sackvild, 7". Sir George Wrighto, .'>*. Sir John Wolstenholm, 12» G''. Mr. Cholmley, 10». Sir Edward Zouche, a side of stag, 3" The erl of Northampton, 15" 9''. Mr. Nicolas Overburye, lo' !)''. Sir Richard Titcheborn, 8» (!''. Mr. Hughe May, 12". G''. Sir Richard Beaumont, 13" G'. Cornwel Ducat., 1 1-. Mr. John Bridgcman, 13". Sir Jului Walter, sans fee. Raphe Ratlif, a warrant. The countesse of Bedford, 12" G"*. Sir William Kiligrew, 13" G''. Sir Frauncis Egiock, 12''. The lady Gostwlck, 3" G-'. Sir Thomas Wilson, 1.3" G''. Mr. Nicol. Hyde, 13' G"". The countesse of Be<lford, 12" G''. Sir John Towncsend, nihill. Mr. Andrew Windsor, G". Sir Thomas Read, 12". Sir William Herrick, 8". Sir Thomas Wilson, G". Sir Oliver Cromwell, 11". Thomas Whitelocke, 5". Oliver Ashcond), 12' G-i. Sir Henry Croke, 10' G'K Sir AVilliam Bulstrode, 2\ Mr. Richard Daston, 13". Mr. Farkes, 10". Sir Thomas Watsonn, 13-. Sir William Twisden, 14*. ]\lr. Edward Turner, 12". Sir Benjamin Rudyerd, a warrant. Mr. Edward Lason, 14'. Sir Henry Stonor, 8" G**. ISlr. Giles Browne, 12" G''. Sir Henry Compton, 13" G''. Mr. Hughe May, a warrant. Mr. Frauncis Winnebanck, a warrant. He an other warrant. Sir Fulk (Jrevill, a warrant. Sccreatarye Calvert, a warrant. Given me in all, buckes .s.3, on stag, and a side. Rewardes of my venison . . £41 1.js. 0)1. 72 LIBER FAMELICUS. Vaiiio. Other giftes. 1' IG" 8''. My brother Henry Bulstrode, 4 swans . . 3'. 13*4''. Mr. Jolin Whitelock, a sugar loaf, reward . . nihil. 6' SJ. Baron Sotherton, a martchepayne * . . . 2«. G**. 133 4''. Robert Lea, a sugar loaf, reward . . . 1". 40*. Sir AVilliam Cockayne, a firkin and kog of sturgeon 13' 4''. My brother Richard, a keg 26" S-i. My cosen Richard Whitelocke, a lirkin 1 3* 4''. Mr. Batson, a keg of sturgeon . . . 2«. 13* 4''. My cosen Ashcomb, a keg .... 12''. 26' 8''. Mr. Thorp, two sugar loafes . . . 2«. 13' 4''. Mrs. Jenkinson, on sugar loaf 4110*. Sir John Wolstenholme, a hogshed of wyne . 5«. 30*. IVIr. Palmer, a tierce 13* 4''. Blunt and Sraalewood, a sugar loaf 26* S"!. Mr. Wormleighton, two sugar loaves . . 2* 6''. 3' 10*. St. Dunstan's, a rundlet of sak and 2 sukar loafes. . 2». 34*. Mr. Litton, 12 puitsf and 2 phesants . . 3'. G* S*". Mr. Cliambers, a marthepayne ... 2*. 13*4''. Mr. Dudsuu, a keg of sturgeon ... 2'. 40*. Mr. Pawl Croke, 3 sugar loaves . . . 2». 24*8''. My cosen Ashcomb, 2 phesants and 4 partriches . 12''. 3' 4*. The ladye More, 6 capons, 12 partriches, 12(piaylcs, 5 trouts ..... 7'. 6* 8''. Mr. Dogget, a marthepayne . . . 12*'. Sir William Herrick, suunner fruit . . . 12'i. 4' 10*. The Middle Temple, a hogshed of wyne 13*4''. Mr. Newberye, 8 partriches . . . . 12''. 13* 4''. Mr. Knighte, a sugar loafe .... 12''. 40*. Mr. Ford, a freshe samon 6' S''. Mr. Dogget, a marthepayne 40' 0* 0''.[?] Rewardes given 42«. • Pastn', or biscuit, of almonds and sugar, on a bottom of wafers, t Puits or pewits. LIREU FAMELICUS. 73 Gilles ill money. My luiil of Duiliaiu Eton College Mr. George Crokc Sir Richard More Merton College St. John College l\Iy mother in law The house for an udmiltance My lord of Rochester Mr. Hoskins A(iuila Weekes Mr. Edw. Smithc Mr. Norris Mr. Rives Mr. attorney gencrall ^Ir. Shcepwashe Dr. Newall . Giftes otherwise, as p. 72. Rcwai'dcs for To mv. attorney's man To Eton College servant Gates, as by the billes appeer Wync (beside given), 1 hogshead of of 18 gallons, of canaryc of 17 g Of Renishe on gallon Apparell Livei'yes Charges aliter, as Anthonycs bill 1 9 Rewardes ut supra Rewards for venison Charles, bill for horses ct simil. 19 Charges out of Rich, bill — Aug. Losse in pewter Frovisious given me Expensa^ Dona Spent de claro CAMD. SOC. these siiftes. claret, 1 rundlet of sack aliens, with the charges Aui. Auf £. *. d. 2-2 10 3 G .T G 11 5 10 5 10 5 10 3 G V) 4 1 2 1 13 2 4 .5 10 1 2 2 40 1 ;J0 3 11 11 183 2 3 9 19 2 1 7 G 54 3 7 27 1 19 6 3 4 41 15 1 18 1 3 18 [:'']329 7 40 9 .369 12 130 3 9 239 9 9 7 i I.IBER FAMELICU8. Upon Sum lay the 1 ol' Aug. J procured the dean ol' Westminster * to preaclie withe up. 1 went to churchc everye morning and evening the wliole reading, accompanycd withe sutclie benchers, cubberdmcn, and senior barristers as woldc goe withe me. 1 red everye JMunday, Wednesday, and Fryday, the two first weekes in August. U]5on those dayes on whiche I red thcar was a breakfast in tlie parliament cliamber, nt^t on tlie other. Upon Munday, the first day, after breakfast, I went to the cubberd? and thear, before all the house, tokc the othe of supreamacy, then went to my place, the northe end of the long table, whcar mr. Palmer, a Londoner born, my sublector, red my statute, 21 Henry VIII. ca. 13. After whiche I began, first made a speeche, and then went to the statute, proposed my divisions, and put upon the division of that day ten cases, of whiche the puisne cubberd man chose on, and began p)'0 and so contra, altematim. Two benchers appoynted to attend the reading wear mr. Ford and mr. Rives, but nether of them came. ]\Ir. Sturly and mr. Hudson wear withe me, altematim^ on the on day the other the other day. In the end of Trinity term, according to the order of the house, I went to all the judges of our house, accompanycd withe three of the ancient benchers, and made them acquayntcd withe my statute; so I did the benchers in towne, sum two or three dayes before my reading, and sent luito them to have their companye. jNIy statute was published at the benclie table upon Sunday after supper, the nightc before my reading began. The first Fryday after the reading began 1 and sum of the ancients went to Tuttlc f and played at bowles, according to the ancient custom, and thcr the dean of West- minster met \is, and played withe us. I ended the Fryday senighte after I began. Presently after service, 1 and the benchers went to the cubberd, whear I gave them thankes by a speeche, and then was answered by the senior bencher; then I went to my place, and red my division, and put my cases; then the two puisnes spoke to a case. I toke it of them, went * Uobert Touiison, D.D., afterwards Bishop of Salisbuiy. f Totliill fields:'' LinER FAMELTCUS. 75 thoiouglie tho case, brcefly opening the poynts only, whiclic being clone, I uttered my conccito?; after wliicho the tlilrd nuin bi-^'an an other case, but after ho had ])ut it, and before he began to argue it, the senior bencher interrupted hiui, and tohle me of that case they wold expect my opinion the next term, and so we rose, and went to dinner in the parliament chamber. That nightc, half a skore of the gentlemen, of whiche my underlector was on, and two of my stewards that wear under the bar, mr. Ticheborn sun and heir to sir Walter Ticheborn and mr. liayncsford sun and heir to sir Henry Rayncsford, mr. Iloskins, mr. Borlasc, came withe me to Windsor, wheer I layd in a buck, and thear they bore my charges, and the next day I came home, and sume of them witlic me, and stayd untill Munday, and then went back. My two stewards of the bar wear mr. Ward and mr. Estmond. I sat bare when I red, but double readers sit covered; yet toke place at all other times, and at the table, of all that came to me. Thear red in Lincolues In, mr. Hindes, my ancient, in the inner house, mr. Ileathe, my puisne, recorder of London, and in Graycs In, mr. Jones, my puisne, common sergeant of London. I had gesste in my reading the master of wardes,* the master of the rolles,t the sollicitor, J sergeant Davis, the king's sergeant beer and in Ireland, the king's attorney,§ the dean of Westminster, and divers knightes and men of good qualitye. At the feast I had the embassadour of the Low Countryes,! the archbishop of Cantcrburye,1f the privie seal,** thcarchbishopof Spalata,tt the bishops of London,|$ Rochester, §§ and Llaiuluir,|||| nominated to Chichester, the lord Norris,t^ the master of the wardes, the dean of Westminster, and divers knightes and gentlemen, and at the feast I admitted the archbishop of Spalata, * Sir Lionel CranHclil, as to whom sec y. 76. + Sir Julius Ciesar. J Sir Thoma.s Coventry. § Sir Henry Yclverton. II Sir Albertus Joaeliimi. H Arelihishop Abbot, 1(511-1033. •• Edward earl of Worcester, 1589-1628. ft Marc Antonio Jo Doniinia. Xt Uishui) KiiiK, 1»J11-1(J'21. §§ Uisliop Buckeridgc, 1CHJ.1(52S. nil nishop Carleton, of Llandatf l(jl7-l(ilil, of Chielie.ster l(Jlit-H>2S. 11^ Krancis lonl Norris, and afterwards earl of Berkshire, l()'n-Ui2U. 76 i,nn:u famklicus. tlie iloan of Windsor, ami iiiat^tcr ol' the Siivoy,* and sir Ilcnryc Foliot, a great sohliour of Ireland. The feast was <>n Tuesday the 10 of August. This reading I admitted into the house my only sun Bulstrode WiiiTKLOCKE, being 14 years of age 3 dayes before. In Michaelmas term 1619, Rowland Searchefeild, dr. in divinity, lately made bishop of Bristoll, who was fellow of st. John's in Oxon and my tutor when I was chosen scholler thear, gave mc an annuityc of-lOit. tlic year for my life, to be of counscll withe him. The patent is dated . Tliis term Richard Okely, that had served mc a clerk ten yearcs,t went into commons in the Temple to studye: he was then my deputy courtkeeper, and clerk of tlie peace for Westminster. This term WlLi-iA^r Rkevks, that red last before me, was knighted and went attorney generall into Ireland, in the romo of sir John Davis, to wliome he gave 950^. for his gudwill, and a large gratuity besides in court. Upon Sunday the 23 of January, 1619, sn: Joiix Cuoke, my wife's nnckle by her mother, on of the justices of the King's Benche, dyed at his house in IL^lborn. lie was full 65 yeares of age upon the 15 of the same monethe. He was a vertuous and religious man, vcrye kinde and affable to all lawyers that practised before him, and all suitors that had to do withe him. Justice AVinche Jcame into the circuit in his place, and sergeant Davis went into tlic northe in his place, as justice of assize. My veryc worthy frend sir Lyonell Cram kild, master of the wardes, was made a privie counselor Michaelmas term 1619. ITc was the only man imployed against me by manjucsse Buckingham to put me from the rccordership of London, and yet ever sithcncc hathe shewed himself my veryc honorable and worthyc frend, in • Tlie archbLnliop of .Spalato was both dean of Win<lsor ami ma.ttcr of llio Savoy, t Foot-note liy the writer. — Conic to me Trinity 1609. X Humphrey Winch, judge of the Common PIcasT Nov. 1011—4 \\h. li]2i.r<. Foss's Judges, vi. '2i>l. I.inKR FAMELICU8. 77 hovrin-^ iiic in coiut bcfuio others. This gentleiiuin was sun of a citi/cn, b<jru in London, was a marchant, and free of tlie mercers, and came into tlie notice of the kinfj by shewing diligence and circumspection in the case of liis profit, t<j inform him of deceipts done to liiin in the profits due by his customcs, and was so well liko<l by him for liis faythe and trustines.se, that he [was] imployed mutchc in these courses. Ho was controller of the custom house, then master of tlic requests, honoins caitsd, then master of the wardrop, after master of the war<les, cotnmodi causa. \ote. — I found a note of myne owne taken by the relation of justice Williams and justice Yelverton unto me, that Yelvcrton red in (fray's In, 16" Klizabeth, and Williams was not called to the bar untill 18" Elizabeth, yet did ride justices of assize togeather. Sir Henry Savill was made provost of Eaton at Whitsuntide, l.")90, being then warden of Merton College in Oxon. He was then 47 year olde, wanting to st. Andrew's tide after. He tolde me, that (jueen Elizabeth made dr. Bikly, wanlen of Merton College, bishop of Chichester, to make him warden thear, and docter Day, provost of ICton and dean of Windsor, bishop of Winchester, to make him provost thear. My loving frend and ancient collegue Di:. William Lawd, sumtime fellow of st. John's College in Oxon withe me, and now dean of Glocester, and president ol' st. John's, and archdeacon of Huntington, tolde me, 7 November, 1619, that he was then 46 year olde. Myne ancient actjuayutance doCTKU .Ions 11(.)\\S(>\, sumtime of Christchurchc in Oxon, and now bishop of Oxon, upon the 22 April, 1620, at his house at Brightewell, whear he is parson, did give me a p:itent of 4()5. per annum for my Vii'o, pro roticUio impciiso ct impen- cndo, and 20.'*. in hand for our ladye day i>ayment past. The patent was dated i) Novenilur 1619, f.r it was then engroced at his request. Upon the 18 of Juno 1620, I received from William erlt>f North- ampton, president of the i-oun.>:ell within the principality nnd marches 78 LinER FAMELICUS. of Wales, a warrant uivltM' liis majesties htmd, for a sergeant's writ, in luvc verba. Jamks U. James, by the grace of God, of Enylaiul, Scotlund, Fraunce, and Ireland, defender of the faythc &c. To our rightc trustye and welbeloved counselor Frauncls lord Verulam, lord chancelor of England, greeting. We will and command yow, that, npon the sightc hoerof, and by virtue and authoritye of the same, yec direct forthe, under our great seal of England, on writ according to the tenor, form, or cfToct heerafter ensuying: — "Jacobus, Dei gratia, Angliae, Scotia;, Francise, et Ilibernia? rex, fidei defensor, &c., dilecto et fideli nostro Jacobo Whitelocke de medio templo London, armigero,- salutem. Quia, de avisamento concilii nostri, ordinavimus vos ad statum et gradum ser- vientis ad legem, in (juindena sanctic Trinitatis prox. futur. susceptur. Vobis mandamus firmiter injungcndo quod vos ad statum et gradum predictum ad ilium diem in forma predicta suscipiend. ordinetis et pra?pareti8. Et hoc sub poena mille libraruni nullatenus omittatis. Teste," &c. Upon the same 18 of June, I reccaved from my lord of North- ampton an other warrant to mr. sollicitor, under my lord of Buck- ingham's hand, in these wordes: — Mb. Sollicitor, Forasmutche as it is his majesties plesvire that James Whitelocke of the Middle Temple, London, esq., shall have the office of justice of Chester, and sutche other offices as sir Thomas Chamberleyne now holdethc. These ar to pray yow to cawse bills to be made for his majesties signature for the sayd offices, in sutche manner and form as the sayd sir Thomas Chamberleyne now holdethe the same; and this his majesties pleasure signifyed unto me shall be your warrant for the same. Dated the 14 day of June, 1620. G. Buckingham. This writ was sealed upon Munday the 19 of June,* and upon my reccaving of it, according to the ancient order of the house, I was set uppermost at the benche table. I did appeer in chancerye upon st. Peter's day ;t I cam to the bar when my lord called for me, untill then I leaned at the side bar * Note by tlie writer— Tare 19 Junii, 18 Jacohi. t June 29. LIBEIl FAMELICUH. 79 witlic two of our readers. 'I'hc tipstafT attended me up to the bar. Then I made my cong(^, and presented tlic writ, praying my appar- ancc to be recorded. The clerk of tlic petit bafj toke tlie writ. Then my lord chancellor began hi.s spceche to nie, to this ell'cct: — Mr. Whiti.ockk, The king's most excellent niajestie lieing well informed of your sufllciencyc, hathe, out of his favour, jrrownded upon your merit, well impressed by good and due information, called yow now to the state and degree of a Serjeant at law, hut withe an intention not to stay yow thear, hut to rayse yow higher, to serve him as rheef justice of Chester, in the place of sir Thomas Chamherleync, whome he dothe resolve to rail home to be his judge beer in the King's Henche. Yow ar the more bound to the king by how mutchc the more this time dothe llorishc withe able and Icrned men, whcrof this age is full. That I shall say to yow shall be in few words, and in two kindes. I will not speak at all to matter of pleading, for yow ar not to plead meerly, but your degree of .serjeant is a step to your other place. First, therefore, I will speake of the dutye of a judge in generall, and then of the proprieties therof applied in particuler to the place yow ar to go to. For the dutye of a judge in generall, it is a common place oft spoken of. The grownd of all is the science and knoledge of the common law, the statutes of the kingdom, arul the customes of the realm, according to whiehe yow ar to deal in this your place Yow ar well red in the law, and well seen in tu'chivis roj^ni. Yow ar a man diligent and expert in the records of the kingdom, whiehe is a great supplement and lighte to the law. Yet now keep no holiday, no, not in studyc, nor go from your bookes to your brain, but continue then your studye as well as now, when yow ar a sergeant and prac- tiscr. lie patient in heering of eawses, for what is it the Ijetter if a judge be lerned in generall and in t/icsi he be not attentive to heer the eawses before him? Have patience, therfore. In heering, make no catching hecriugs. Have a slow pace ; judges nuike no liast. Keep your hands clean, and the hands of your serv.ants that ar about yow. Keep them in aw, that they dare not move yow in things unfit. Fly all bribery and corruption, and preserve your integrity, not respecting any in course of justice, lor what avaylethe it, if yow shold be incorrupt, yet shold be partiall, or a respecter of jierj-ons? As Solo- mon say the, to have respect of persons is nnlgtiod, for upeece of l)red that man will trans"resse ; as who shold say, bribes eiim but now and then, l)ut if a man bo all'eetionate, or a time or turn server, that will cum every day. Lastly, 1 wold have yow take care that you be not overawed. Fear no man's face ; be stout and couragious iu eawses of justice. Hut whcu 1 say this to yow, 1 mean 80 l.ir.KU FAIMKLICUS. yuw blioKl be blioii-j; liarlcd, ami not i^troiiy liL-a»k(l. 1 passe irom tlie geiierall dutyesofii judge, bycaus it is evcrye day spoken of, to the things that concern the proprieties of your place, in whichc yow have two respects: on as judge of Chester, an other as having a principall place in matters of advice in coun- sell of state. In regard of the first, keei) good quarter withe AVestniinster JKille, and make no new clashes[?] of reviving olde sores, but study well your in- structions, and be sure yow exceed them not; then sliall I be ready to stretch forth my hand and arm to help yow, clayme it at my hand when yow will. Yow ar a great judge in a provinciall counsell, and what ar they ordeyned for ? First, for the ease of the subject, that subjects shold at lesse charge have law ; secondly, bycaus great men sholdc not oppresse the poor and hurry them up to Westminster halle. First, thcrfore, let thcr be an ease of charge, fijr if the courtes thear shall poll and multiply charge upon the people, then that whiche was ordened for ease of charg will torn to a surcharge. Secondly, look to suppresse the powr of sutche gentlemen in the countrye that seek to oppresse and suppresse thcr poor neighboures, for it is no great ill in a judge (thoughe I have herd it hathe been layd to sum men's charge) that in cawses before them the poor have advantage against the ritche. " If it be so, it is an error on the best side. Lastly, ray advice is that yow keep a good corre- spondeucye withe the lord president, under whome, in a manner, yow serve, for whiche I will say unto yow, as I did unto sir William Johnes, "Be not to servil nor to severe." I mighte have spoken al this in a few wordes, in the example of on man, your predecessor, who for religion, for lerning, for stout- nesse in course of justice, for watchfulnesse over the peace of the people, anj for relation of matters of state to the counsell heer, I have not knoweu (no disprayse to any) a better servant to the king in his place ; follow him. And so, for this time, I shall wishe you all wellfare. To that speeche I made this answear: — May it please your lordship. It is observed that the whole course of life of a professor of the law is devided into three passages. The first, is his time of study, and that is, tirs longa et iempus breve. The second, his time of practise, and that is, the fruit of his studye. The third, his time of service to his coun- trye, and that is, the discharge of his civill dutye to the commonwealthc in sutche place as he shall be called unto. So he begins philosophns in getting knoledge, goethe on ceconomus in getting meanes of livelihood, ends politiciis in serving his countrye. To tfhe first of these I came late, and so my knoledge the weaker, yet it was the saying of a good proficient in the law, ncro vcni, sed citius expediam. From the second of these passages I shall go to soone for this degi'ee I now LinP:u FAMELICUS. 81 take, whiclie is, the character of my profession must be layd aside, ami so my mcuiu's will l)c the shorter, for I understand by your lordship it is the kinjj's pleasure I shall prepare myself to the third passa^^e, by whiche untimely adventure upon so great a service I shall be the lesse able to discharge my dutye therin. I doe withe all reverence apply myself to his majesties com- mand, and do acknoledge that regard of private gayne oughte not to hold any man back from publifjue service. I take those to be incompatible respects. It was the direction of Christ to the yong man in the gospell, .S't vis esse perfedm, vcnde qucc fiabcs, da ptiiiperibus, et scqiiere me. Surely, my lord, I hold an analogic withe that rule is so far to be observed Ijy us, that upon his majesties command we must leave ourselves, our clyents, our practise, and all respect of gain, and follow him and his service. This is dutye, but this dothe not salve those disabilityes whiche cannot be but manye in me, that have spent my whole time in a private course, and am a stranger to the misteryes of government. For ray help lieerin, your lordship hathe now, by your comments and in- structions, given me a perfect modcll, and rule of my dutye, and I shall con- tinue an humble suitor to your lordship, that prudently steeres under a skillful master, that yow will be pleased to afford me these two supports in my place of service ; direction what I am to do ; good construction of that whiche I shall do : and by these helps I hope to repair those weaknesses whiche ar the more blemished by the glorye of my worthye predecessor, whose excesses in merit and worthe make my defects the more apparant. For thaukfullncsse to his majestye, whose favourcs towards me exceeds the boundes of my apprehension of them, I must falle into a distraction withe myself, as the psalmist did, Quid rctribuam domino 7-egi\ pro omnibus qua relribuit viihi? and my answear shall be, as his, Vota mca rcddam illi in coiuspectu populi ejus. My vowes to his majestye, in retribution of his great grace, shall be two, be- fore this great assembly. The on of endeavour, the other of assurance. That of endeavour, that I will do my best to attain to that knoledge and other a])ilityes which ar recjuisit for the place. That of assurance, that in honestye I will not tuiii beliindc the best of those that have gone Ijefore me. When I had done my spccche, the clerk of the crownc gave me the rollc of otlics. I was to take the othe of supremacye, aud of allegiance. I red myself the sergeant's othc; he red as followetlie: — " Yow shall swear, that well and truly yow shall serve the king's people, as on of the sergeants at law, and yow shall truly counsell them that vou shall lie CAMD. SOC. M ^S2 LIIiKK FAMELICUS. roteynod witlic, nftor your cunnin;^. And yow shall not defer, tract, or delay their oawses, willingly, for eoveteis of money, or other thing that may torn to your i)r(>lit, and you shall give due attendance accordingly as God yow help," and upon this I was dismissed. Upon Tuesday morning following, we assembled all in the Middle Temple hallc, whcar mr. John Lee the tresaurer made aspeeche and gave me 10/. and a purse, as a farewell from the Temple. I did answear him in this manner. Mr. thesaurer and the rest of this worthy societyc, I hold it verye unpleas- ing to a sociable disposition to be deprived of the dayly conversation of ancient frends. I am likely to be sensible of this, for, thoughe I have found yow all my worthye frends, and assure myself of the continuance of your loves, yet I fear that by my remove I shall misse sum of the effects of it. As first, in those whome I may calle my cocetanei, for we began togeathcr in the universitye, came hether togeather, and have lived togeather ever sithence, and our loves and affections have growen up togeather, like vege- tative bodyes. Secondly, in those upon whose acquaintance I did fortunately happen at my first cumming hether, and we may be called coUegues, for we have lived togeather ever sithence In participation of studyes, in doing of exercises, in takin"- our deforces, and for 28 yeares, almost compleat, have been coUaterales, and sat on by the others side. And, lastlye, in the whole bodye and societye in general, who have alwayes been a cherisher and upholder of my progression in this place, and have shewed ther loves unto me by two pledges ; thear bountiful! gift at my reading, and that now. Mr. thesaurer, it wolde be verye uncouthe to me to be cut of from these contentments, and to lighte upon new men and new manners. It is not my meaning so to do. I shall solum inulare nun auimuin, and my remove shall cawse only sej)aration of our bodyes, not a divorce of our mindes. Thear be two thinges I shall ernestly endeavour in recompcnce of this your kindenesse. The one is, how to repair the dayly want of your good and kinde companyes, that shall be by inviting yow to make bold withe me in any thing whcarin I may do yow curtesye. The other is, to give yow assurance that whcthersoever, or to what fortune soever, 1 am carycd, I will strayn my power to eciiiall my will to do .ill of yf>w what olliccs of love, frendship, or curtesye I may. LlOr.U lAMELICUS. 83 Then they atteiidetl me to Sergeants' In, In Fleet Street, whear, my purtye-colored robe being put upon me, in my chamber, I was conducted into llie halle by the tipstaves, my sicarlet lio<jd, and my coif layd upon it, beyng caryed before me, by my man. The two cheef justices sitting bothe upon the Ibrm, I began to my lord Ilobert. "May it please yow, my lord Ilobert,"* and repeated pleadings. When 1 had done that, my lord cheel" justice Mountague made me a short speeche, and then, I kneeling before him, put my coif upon my hed, and my skarlet hood upon ray righte shoulder, and so being invested, rose up and went to the hall, all my men two and two before me, withe the officers of the Common Pleas and the Exchequer, and next before me the warden of the Fleet and usher of the Eschequer. I went withe the white coif only upon my hed, and at my lower elbow, toward the kennell, went on of my men bare-hedded withe my skarlet hood born upon his hands; the whole society of the Middle Temple followed me. At the hall 1 was placed at the stalle righte against the Common Pleas bar; thether the two ancient sergeants came to me, and as they came from the bar they turned, and made co}ig(^ to the court three times; then, on upon the on side and the other upon the other side, led me to the bar, and as I went I and they made low curtesye three times. AVhen I came to the bar I made a low curtesye and repeated my pleadings, and was then, by the appoyntment of the court, placed, and led to my place by the two sergeants, on the northe end of the bar, next to sir William Jones that had been cheef justice of Ireland. When it came to my torn I made my motion, and so went home to Sergeants' In. At dynner [1] sat at the table's end in a black robe and skarlet hood, and my coife only upon my hod; thcar dyncd the judfi-es, sergeants, attornies of wards, [and] dutchy, custos brevhiin, and pre- notaryes. * Sir Ilcnry Ilobart, chief justice of the Common Plena 27 Nov, 1613 — 20 Dec. 1625. Koss'a Judges, vi. 328. 84 LIBER FAMELICU8. £ *. d. 61 19 9 63 5 3 6 10 10 13 4 45 14 8 19 3 5 Charges of my degree of Serjeant. In apparel 1 and robes In a feast .... Sumpter and saddle for it Fees to officers Rings given * ... A piece of plate to the chancelor £207 6 11[?] Memorandum, I made no black robe, nor purple, bycaus I was not to ncd them, but only a partyc-colorcd and a skarlet; the party c- colored, a robe, a hood, and tabard; the skarlet, a robe and hood. I rode circuit withe six horses, a sumpter, and fowcr men. I rode circuit in summer 1620, serjeant at law, and practised in my partye-coloured robe on Sundayes and holidayes, bothe in the circuit and in the term. My habit was purple, and a skarlet hood. Most of the Serjeants wear of opinion I sholde have practised all the circuit in my purple robe and skarlet hood, and did instance that they did so in the Korthamptonshire circuit the last calle. I cave the charge at Wickham sessions 5 October, 1620, My two patents, on of Chester and Flint, for my life, the other of Denbifrhe and Mountgomerye, durante beneplacito, wear dated 29 October, 1620, but sealed 30 October. I waited upon the king at Theobalds 29 October, and toke his directions and charge concerning my places I was to go to ; it was in his bedchamber; thear wear present the prince Charles, the marquesse of Buckingham, the erl of Xorthampton, lord president, and mr. ^Maxwell of the bedchamber. I attended in my skarlet robes, and was knighted thear in the bedchamber. The next day thear was a bill sent me of fees for knightehood, amounting to 44/. 17 s. I was sworn at York House upon the last of October 1620, to the offices of Chester, Flint, Denbighe, and Mount- • The poesy : Ilohor legis decor regis. LIBEU FAMELICUS. 85 gomery. I dyncJ witli tlie lord chancclor, and it was presently after dinner. A question was proposed at Serjeants' In, Fleet Street, whear my place sliolde be at the table, and, upon report of the last president, it was ordered I shold sit next to the puisne judge, and before the kind's Serjeants. But I wold \_sic] told sithence by sir Ilcnrye Towuesend, on of the counscll, that his father, being cheef justice of Chester, toke place next to the cheef baron. Upon AVcdnesday, being all hallowd day,* I dined in the j\Iiddle Temple halle, and was the fust at the table. Thear wear present sir John Davis the king's sergeant, that sat against me on the form side, Serjeant Frauncis More knighte, Serjeant Frauncis Ilartye, and Serjeant Frauncis Ashlye knighte, sir Benjamin Rudyerd knighte, surveyor of the court of wardes. The Serjeants sate in skarlet; I ware a gowne of wroughte velvet. On Fryday and Saturday after, I did visit the prince, the marqucsse of Buckingham, the erles of Worcester, Pembroke, Arundell, !Montgomerye, the master of the wardes, secretarye Cal- vert, and sir Edward Coke, and all the judges and barons of the eschcquer, and the prince's counscll table. On Sunday I bestowed a doe upon the Middle Temple and dyncd withe them. I came forthe of London upon Munday, withe eiidit men in my liverye, a sumpter and a spare hoi-se. Upon Fryday I lodged at Beaudlieu,t in the king's house, enterteyned by the lord president's oflicers. The towne enterteyned my horses, and the bailives and principall burgeses came all up to me to my lodging and thear presented me withe wine. I came on Saturday to Ludlow, whear 1 was enterteyned by the bailives and townes men in ther gownes, withe two orations in Latin, in the market place, and an Enclyshe on at the castle gate, by the schoUers of the towne. Upon Sunday, 12 November, the president, counscll, and all counselors receavcd the communion at the chappell of the castle. * Nov. 1. t Bcwillov. 86 I.I HER FAMKLICUS. Upon Munday morning I was sworn, in this manner: — I and the three counselors went in skarlet, my lord president in his damask gowne of black. When we came first into tlie court the rest sat all downc, and I stood and delivered the king's letters under his signe manucU directed to the president and counsell, signifying my being checf justice of Chester, and his majesties pleasure to have me of the counsell; my lord delivered them to the clerk to read, who did it accordinglye. After the letters red, I kneeled downe and toke my othc ; then rose up, and was placed by my lord upon his righto hand withe a distance between us, as was usuall. After I was sate downe my lord made a speeche to bid me wellcum, towelling the king's choyce, his love to me, and my worthe. I answered him to to this effect. My lord, I did not conceave that ether custom or necessitye.woM have put It upon me to have spoken publiqely upon this occation, but, seing your lordship hathe begun, it befits me to follow yow, who must be our guide and leader, not only in ceremonies, but in substances. It is not tinknowen unto me how unwillingly the people under this govern- ment parted withe my late predecessor, I think as unwillingly as Jacob parted Benjamin, and they had reason, bothe in respect of thear owne good affections toward him, for I may say of him as was sayd of Germanicus, he was delicia: poprdi* as also in respect of his good offices toward them, concerning whiche I may say, as is in the prophet Isayah,! " He was as a hiding-place from the winde, as a refuge from the tempest, as rivers of water in drye places, and as the shadow of a great rock in a desert land," whiche worthe of his turnes to my disadvantage, for how can it be well pleasing to change from a knowen and certeyn good to that whiche restethe upon future hopes and events, especially in matters of the common wealthe, the change wherof is ever accoumpted hazardable. I will repair this withe that whiche I know will content everye man, that is, to follow his steps that did so well, for my better performance whearof I have two good encoragements from your lordship, the on from your wisdom, knoledgc, and experience of the government of this place, confirmed by the practise of many yeares, so I shall be put to no more then to execute withe * Note by the writer, — Tacitus, Delicia humani generic. t Cai.. 32, V. 2. LIBEK FAM1CLICU8. 87 t diligence wliat your lonlship shall inuiluntly ilirect. The other from your good an'ection toward ine, whiche I doubt not will as well shew itself in making a favorable construction of my labors, as it did in desiring my presence heer. For my particuler, I have made but this change, to have care whear before I had quiet, whiche is an ill change to me, that am of the opinion of Ecclesiastes, — Mclior est pugilbis aim retjuie, quam plena utracpie tnarnus cum labure el tij/fic- tiuiie aninii* Yet I shall be verye well content withe it, if by doing of my dutye I shall content others, and nothing can be more helpfull to me in that, then that whiche I assure myself of, first, in my bretheren and collegues, that we shall all give our opinions candide, withe out any tenders of affection or private respects ; secondly, in the counselors at the bar, that they will handle their cawses lucide, without culumnye and importunitye, and so all things will concur to the honor of the king and the ease of his pcoph.-. My allowance at the counscll is dyct for my self at the president's table, sitting in a chair over against him, and for my chaplain at the steward's table in the hallo, and for eight men in the hallo, whiche dyet I toke accordinglye. I did heer and determin in the term, four weekcs, and in four dayes after, 455 cawses, of whiche thear arrose 147 in the countycs of Gloucester, Wigorn, Salop, Hereford, and Monmouthe. Thear did arise 37 out of my owne circuit, the rest out of the 12 shires of Wales. I came from Ludlow toward London, to settle all businesses thear, upon Munduy the 11 December, and whoaras justice Chamberleyne and justice Lcwknor had agreed to take 40/. the year for thear ridiiiii: charges, I refused, and according to the instructions toke them per diem; for the clecring of whiche poynt I examined the allow- ances to the cheef justices for rjding charges for 60 yeares, and found that sir John Throkmorton had allowance per diem for fourteen horses and twelve servants, the other sithence for nine servants and twelve horses, that is, ten for him and his servants, one for his sumpter, and a spare horse, and so had sir Kichard Shuttleworthe and sir Kichard Lcwknor, and wear allowed for them and them- • Nolo l>y tlio wiittT. — licclesiaslcs, t;i. 4, [vii>i' ti]. 88 LIBER FAMELICUS. selves 405. per diem, and until sir Ricluird Lcwknor provided him a dwelling within lessc then a dayes journey he had so, but after toke 40Z. per annum by composition, for it was clcerly gotten by him. Now, being thoughte reasonable to allow 405. per diem for nine servants and twelve horses 30 yeares past, it was thoughte now 50«. per diem was but proportionable, and so I had allowed for five dayes between Ludlow and London 12/. 10s. In September, 1620, 1 receaved from my brother Richard White- locke, resident at Elbing, James his sun, whome he toke from Leopolis,* whear he was taughte grammer by the Jesuits, and sent him to me to bring up hcer and to provide for him, and according to his request, I sent him to Oxon., to Magdalen halle, under the government of dr. Wilkinson, principall thear, and under the tutor- adf^e of mr. Ramsden; he was born in Elbing in February, 1601. The term began at Ludlow, 19 January, 1620, in Avhiche thear wear herd 209 cawses; three weekes two dayes. The term began at Ludlow, 2 March, 1620, in whiche wear herd 228 cawses; three weekes, two dayes. My circuit began 9 April, 1621, at Chester. I lay on the way, on Fryday nightc, at sir Fraunces Newport's at Eton. L'pon Saturday I was met by many gentlemen of Shropshire and Cheshire, in the way toward Whitchurche, at whiche towne I had a Latin oration made me, in the market place, and lodged that nighte, and al Sunday, at the house of sir Thomas Brereton near Whitchurche, and went on jNIonday to Chester, and was met on the way by a great number of gentlemen of worthc. The highe shirif, mr. Marburyc, lay vcrye sick, and his sun ami heir attended the judges all the week. Our expenccs at Chester came to double the king's allowance, but our presents in Flint and Denbighe, whear we dieted ourselves, wear so large as that we defracd the whole charge of the circuit, and saved the king's allowance. The shirif of Muuntgomerye enterteyned us at * Near Civita Veochia. I.IIIKU lAMELKUS. 89 his owne charf;c. At our retoin f'rom the Pole * we lav at nu. Wayties ncer Ludlow. We wear entcrteyncd at Denbighe withe a Latin oration in the market place, and a refrer<liing of wyne and cakes. When we went ("rom Denbi<^he toward the Pole, we wear enterteyned at liuthin withe the waitcs of the towne, and a banquet, a Latin oration, and an enterlude. At the end of the circuit I went up and sat in I^arliament, and as I went stayd only on day at the apparance at Beaut llieu. Sir I'^auncis Iuire,t sun to the lord Eure, on of the counsell attendant and cheef justice of Xorthe Wales, dyed about Ester, and l>dward Littleton of the Inner Temple succeeded him in botlie places. Trinity term, 1G21, began Lunai, 18 Junij, to whiche day it was adjourned from Wednesday, 13 Junij, continued four weekcs, and in it wear herd 274 cawses. At Beaudlieu. At ]\Iay apparance at Beaudlieu, held 5 Maij, 1621, I stayd but untill Tuesday, and sir Henry Townesend kept out the rest of the apparance. Autumn apparance began Jovis, 23 August, 1621, by mr. Edward Littleton. | I came thether the Sunday after, and stayd untill Saturday, and then went onward to my circuit to Chester, whiche began Luna;, 3 September, and so to Flint,'"^ Wrexham, and tlie Pole, from whiclie I went home to my owne house, and kept the quarter sessions at Oxon on my wav. In September, 1621, tlicar came to my house at Falley,§ and lodged thear, John Williams, dr. in divinity, dean of West- minster, and bishop elect of Lincoln, lord keeper of the great seal of England. 1 went withe hiin the next day, being Bartholomew day, to Woodstock, whear the king was; we alone rode togeather in his coatche, all the way, and in the way visited the ruins of the churche • Fool, or WoIcli|«K)l, ill Montgomeryshire. f Son of William second lonl Kiiro, who died 1593, by Margaret, duughttr of Sir Edward Dyiiiiikc. X Nolo by writer. — 28 cawses herd tlien. § Kawioy, co. Ducks. CAMO. SOC. N 90 i,iiu:k 1 amkmcus. of Dorchester, whicUe was tlic ancient sea of his bishoprik. '1 licar attended him, withe me, sir Kichard Lovelcssc, sir William Borlase, sir Anthonye Barker, sir Richard Lcydall, mr. Elmcs,and mr. Cope Doylye. I held myself mutche beholding to this honorable gentle- man, for that the same day the seal was delivered unto him he sent for my old servant RiCiiAUD Oaklye, and made him his secreatarye. He came to me in Trinity term 1609, by giving me a Latin epistle, being at that time a postmaister of Merton colledge in Oxon. and a good scholler ; during his service withe me he was diligent, fay th- full, and loving to me, and spent his idle times in studyeof the law, being admitted of the Middle Temple, whcar having done all his exercises he was called to [the] bar in Michaelmas term 1621, having bean secreatarye to the lord keeper from the 10 Julij before. He was born neer Bishop's Castle in Shropshire, upon an ancient demean of his name called Oakly; his father is Rowland Oakly, noW living thcar. John Oaklye, yonger brother of Ricliard, was preferred unto me by his brother Richard at Whitsuntide 16 — . In the vacation 1621 after Trinity term, i\Ir. Nicolas Overburye and mr. Edward Littleton, two of the counsell attendant, Avear knighted at Warwick, by the means of the lord president. In that vacation, SIR Lyonell Cranfield was made lord Cranfeild and lord thesaurer, in the rome of the lord Magnavill,* who slid out of the place no man knowethe how. Sir Walter Pye, now attorney of the court of Wardes, this Hillary term 1621, was mycoUegue in St. John's colledge in Oxon, and came to the Middle Temple a little before me, whear he and I have ever sithence continued in good terms of frendship. My ancient frend and colleguc dr. William Laud was consecrated bishop of St. David's, Michaelmas term 1621, being then president of St. John's colledge in Oxon. In December 1621, sir Henry Townesiiend, on of the counsell attendant, dyed at his house in Shropshire, about five days after he went from the term at Ludlow. He had been of the counsell * Man<lpvillo. aftcrwanU e.irl <>f M.Tiichestcr. I.IHI.R FAMELICUS. 91 sithencc Hi Elizubeth, and was the first associate to the justice of Chester after the statute 18 Elizabeth; he reconcd himself 84 yeares of a^n-. At Beaudlieu in the bef^iiining of Trinity term 1()21, the lord Conipton being thear, challenged to have place of nic, and all the reason he gave was, bycaus my predecessor gave it him. But, bycaus I wold have the question cleared, I cawscd a report to be made by twelve of the most credible men at tlie counscll,sum being of the counsell attendant, others counselors at the bar, and officers of the house, and of the signet, and of the clerk of the counsell, that for 58 yeares, and so at all times sithcnce, the cheef justice of Chester allwayes had place and precedence at the counsell in the marches, as well out of the court as in court, next to the lord president, and above sutche bishops and noblemen of the counsell as resorted thether for his majesties service. The lord president, at his cumming to Beaudlieu, did acknow- ledge, at the table, that it was my due, and diil place me before the bishops of Hereford and Worcester, that wear thear at the term. The instructions do lift the cheef justice of Chester before the judges, next to the chancelor of the cschcquer, being a privie counselor, yet withe a saving in the end of his place heertofore used. 1 was informed that the erl of Pembroke, being president, and in ill termes withe sir Richard Shuttlcworthe, cheef justice, wold have given way for the lordChandos to have had place of the justice, but openly, in going to the churche, the cheel" justice claymed it, and had it. The lord Zouchc being president, and verye ill affected against sir Richard Lewknor, cheef justice, wold have done so by him, but being informed by the counsell, and by all the ancients at the bar and in the king's house, that the cheef justice had allwayes had it, did forbear to interrupt in it, but gave it to him of the bishops and noblemen that resorted to the counsell. I have cawsed that report to be entered into the register at the counsell, bearing date la Sep- 92 LIBER FAMKLKUS. tembor l.'iSn, that postcritye may have evidence to settle the ques- tion, if it sholde ever be stirred againe. My wile and I and our tamilye came to Ludlow tlic 25 of Octo- ber, 1621, whear we lay that winter in the house of sir Edward Fox, on of the counsell, who lent us the house, withe hangings, bedding, lumber, and sutche utensils belounging to it, and gave me ten ton of pit coal toward my winter provision of fewell. The lord president and his ladyo, and the lord Compton and his lad^-c, kept Christmas at Ludlow this winter, 1621. Michaelmas term began at Ludlow, 26 October, 1621, and was for five weekes. Thcar were herd in it 328 cawses. Hillary term began at Ludlow, 14 January, 1621, for fower weekes. Thcar wear herd in it 251 cawses. Lent term began at Ludlow, die Veneris^ 8° Martij, for lower weekes. Causes herd 331. Presents this winter. Provender, fourteen quarter and a half, bushells . 116 Hay, lodes ..... 16 Coles, tuns . 10 Wood, lodes 13 Sugar loves 25 Samons 4 Cokkcs 40 Snipes 23 Rabbets 25 Chikkens 23 Sheep 3 Calves 3| Lams 2 Kids U Capons 30 Partriches 43 Plovers 23 Geese 7 Dukkes 5 iAlMAl rA.Mi;LICUS. 03 Foul Stints* Pheasants Turkey's Blackbirds Growse and heathecocks Hares Ked deer Fallow deer Boares Cheeses Beef, oxen (1 (jr. of a sturtf and a cliine besides;) Pullets Hens Wardens J Hern § Fishe, 24 carpes, 6 trouts, 2 eeles Pigeons Wheat, 2 strike Lemons Straw, lode Besides grocerye wares, sweet waters, cates, niartchepanes. My presents ar well and easilye valued to 501. 24 10 II 12 7 300 1 32 19 2 15 1 The fees of knighthood when I was knighted, 29 October, 1G20. Gentlemen ushers, dayly wayters Harolds Gentlemen ushers, (juarter wayters Sewers of the chamber Yeomen, ushers, groomes, and pages Trumpeters . Footmen Porters Drum major Gentlemen ushers, privie chamber Servients at amies . Yeomen of the moutiic Sandpipers. [?J ■f Sturk.[?J £ s. d. 5 5 2 2 s 2 2 2 1 13 4 5 5 2 * Pear ». § Heron* 94 MHKIf I'AMELICUS. Tii^'cs of the butlcluimber Knighte harbinger . Kobcs, for kecj)inji the sword Surveyor of the wayes Servient trumpeter . Coatchenian Arelie the fool* £ s. 3 () (I. 8 3 6 8 2 10 1 10 11 £44 17 8 Subseribed as due by sir IficharJ Culveli-y, usher of the chamber. The summer last, 1622, I bou^hte out the lives in Joscplie Taylor's copieliold, whiche cost mc 210/. \n December 1622, I bought of sir William AUbrd the moityc of the lands of Fillel's Court, for whiche I payd 1,000/. in hand, and am to pay 200/. more in May next; so I have now layd out in the lands thear 10,410/.; see supra, p. 53. In May 1623, after my circuit ended at Flint, I went to Mostin, whear sill Roger jMostix and I concluded a marlage, between Thomas his sun and heir and Eliza bethe my eldest daughter. My agrement by endenture was to pay him 2,500/.; but when I gave se- curitye he remitted 200/., of which he told me he wold forgive me on 100/., and I shold bestow the other on the yong couple in utensils of house. I was also to apparell her, and to give them and theares a yeares enterteynment. He assured upon their issue male all his lands in the countyes of Carnarvon, Flint, Denbigh, Chester, and the countye of the citye of Chester, worthe per annum by sur- vey 3000/., withe his cole mynes. He wasoflcred a baronye for the mariafre of his sun, and refused it. I came from Mostin to Ludlow, and on the 24. of May, I and my wife wear present at thcar mariage, withe other frendes, in the parishc churche of Staunton Lacyc, necr Ludlow. On Fryday the 8. of August 1623, I was entertcyned by the dean and canons of Windsor in the deanes lodgings, and my horses also. * Archie Armstrong. Liiu:it lAMKLicrs. 95 Thcav I stayed ul nlglito, and was vcrye wellcum. Tlic next day 1 went to Fallcy Court. Tins was in my passage from Lon- don, and at thear request, to treat wltlio me concerning the state of tliear house. I was chosen recorder in Cower sevoridl phices, after my being cheef justice of Chester; in Beaudlicii, wltlx- 20.'?. fee, and my horse- meat when the counsell lye thear; in Ludlow, withe 405. fee, and three lotle of hay yearly; in Bishop's Castle, withe 405. fee; in Pole, withe 40,s\ fee. A motion was made to the king, by the duke of Buckingham, to remove me into the King's I^cnche, in the place of justice Haufditon, who dyed Hillary 1G23; but 1 was unwilling, so the matter cooled. I went up about it 7" April 1623, and rctorned 14 April. The erl of Northampton, lord president of the counsell in the marches of Wales, was verye desirous to be quit of me at the counsell; his reason was, I did not give way unto him and his servants, nether in the court nor in the king's house, in bothe whiche I conccaved things to be caryed contrarye to the king's instructions and niync othe. Therfore he made meanes, by the duke of Buk- ingham, of whomc he had deserved well, to remove me into the King's Benclie, and to have sir Thomas Chandjcrleyne back againe to the counsel!. His reasons for that wear two: 1. sir Thomas Chamberlevne had caryed himself in the place withe good opinion of the couutrye for his uprightncsse, and was shufHed out of his place against his will, by the lord president's meanes, being wearye also of him, thoughe he denyed not those things unto him whiche I did, and he thought it wolde be the better taken that after me he sholde bring in on that was well liked, then a meer stranger; for I was aecoumpted as well of in my place, for my integritye, as any man ever was. 2. The other reason was, sir Thomas Chamberleyne was verye weake, not likely to live, and the erl meant to have him but as a stale to supply the place at the first, to satisfy the gaze and to provide on for his profit agenst he dyed, whiche he made accompt wold be vcrye shortlye. The duke made his means by the lord 96 LIBER FAMELICUS. keeper, wlio lie knew could do niutche witlic me, as my private frend, for the king being moved answered them, if I did consent to it he •wold do it, but, unles they coidd alledge sum fultc in me, he could not remove me against my will. The duke, being asked by the lord keeper whether any exception coulde be taken against me in my place, answered, No; ther Avas no sutche intention, nor any other course thoughte on to do it, but more honorario, bycaus the lord president and I could not agree better. Herupon I was moved to remove in Ester term 1624, for justice Houghton dyed Hillary term 1623; but I absolutely refused, bycaus my two circuits wear to cum. I passed on withe them, and came home to my house at the end of my second circuit, whear I arrived 13 October 1624, and found these letters sent thetlicr from my lord keeper, written withe his owne hand, inside and out:?ide. To my assured loving frend sir James Whitlock, cbeef justice of Chester, and of Ins majesties counsell in the marches of Wales. Mr. justice, after ray verye hartye commendations, upon sum new complaints made unto my noble lord and youres of unkindenesses between your cheif and yow, I have presumed so mutche upon my power withe yow, and that desire I have of your neernesse unto me, as to assure my lord duke, that to give his grace contentment, and to prevent all future jealousies, yow wolde leave your place to your predecessor and serve his majestye as on of the justices of his Benche. And heerupon the king (in whose highe favour and good opinion yow do remayne) hathe called yow by a writ for this service, for the whiche 1 do desire yow to prepare youi'self withe your best conveniencye, desiring, withe all my hart, this remove may prove as mutche to youres as it dothe extreamlye to my contentment, and assuring yow that if ever it shall lye in my power to ad to your place or fortunes yow shall ever really finde nio Your most loving and assured true frend, Jo: Lincoln, C.S. Westminster college, this 3d of October, 1624. Upon receipt of this letter, I went up to London the Fryday follow- ing, whiche was 15° October, and spake withe my lord keeper that nighte, and, being myself verye wearye of the life I led at the LIIUCU FAMELICIS. 97 counsell, assented to tlie remove, and, bycaus I was to receavc no allowance from the king iintill I had my patent, I moved my lord that it mighte be dispatched so sone as he would, whiche was pursued accordinglye, for 1 was sworn on Monday ibllowing, being 18- October, St. Luke's day. Sir Thomas Chamberleynehad his discharge the same morning. My lord keeper sate in the middle of the court, the lord cheif justice* on his righte hand, and justice Dodri'dge f on the righte hand of the cheif justice, for in the places of Houghton and Chamberleyne, being on the left hand of the lord keeper, no man sate. First, SIR William Jones, who was cheif justice of Ireland and removed from thence into the Common Pleas, Michaelmas, 1G21, in the place of Sir Peter Warbarton, and upon the same occations as I was removed, was broughtc from the Common Pleas in his robes of skarlet, withe his mantell, as he sate in court, for he was taken from his place sitting in court, and he was broughte to the court of King's Benche, and placed before the table at whiche the clerks sit, and thear, he standing on his feet, the lord keeper made a spccche unto him, signifying the king's pleasure he shold serve in that court; he answered him breefly, then kneeled downe, and toke his othe, and was placed on the left hand of the lord keeper. Then I, standing at the bar, in the purple habit of a sergeant, withe the sergeants on ether side of me in their purple habits, it being a hoUiday, my lord spake breelly unto me, giving me good commendations Ibr my service in the place whence I came, and among other his words of commendation, he sayd, I had done excellent good service thear, shewed reasons whye the king did desire to supplye the higher courts heer withe judges out of his provinces, bycaus he found them readyer, and better instructed for the government of his kingdom, then those that he toke practisers from the bar. When he had ended, I shortlye used this specche unto him. It may ploaso your lonlsliip, I (inde the lifo of :i judge consists of two parts; the active part and the ]):issive part. The active part, wliiche is his services, * Sir Janips Ley. t Sir John Doderidgo, justice of the Kin^^'s Bonch ir)12.1C28. P'oss'» Jii«lgt«, vi. 306. CAMD. SOC. (> 98 I.inKll FAMELICUS. actions, and iniploynients, I finde to be ({umdam militia, the passive part, \vlii(;lie is his siitTerings and wronjiis, I finde to be martijrium quoddum. Mittitur in propinciam, revocatur in wham ; labores, vigilia, nuaqnam quins, nnsqiuim otium ; the dilU'rence is, in hello casus valet, hie nihil; ihi virihus contenditur, hie rutione; ibi Fortuna judiee, hie viro prudcntc. Honce is the distinction of militia ctelestis, militia armata, id militia toguta. The siiflerings of a judge may well be called a martyrdom, lor he suflerethe for well doing: he for whome judgement is given thinkethe it no merit to have but his righte, he against whome it is given thiiiketlie he hathe wrong. No man is contented withe justice unles it be atlbrded him by his owne measure; he must exercise two propertyes of a martyr, he must feri-c contumelias ct odientem diligere, whiche, as on* say the, is marti/rium in oeculta cogitulione, as mori a persequente is martip-ium in aperto opere, but a judge hathe no more reason to be oHeiided witiie sutclie men then a physician witli a froward patient. Seneca, in his tract In sapientein uon cadere iiijiirictin,\ saythe that, against those that ar in publiqiie places, lutissime patct injuriaruminateria illis per quos iis pcricuhiin qucesituni est, ut ah accusatore sidjmisso, ant criminntione fidsa, aut irritutis in eos potentiorum motibus, and other particulers by him recited, whiche he callethe quadum inter togatos latrocinia. Ileerupon was grownded that caution mutche about those times,J that to do well was not alwayes safe, to do ill did most times escape bhuue, but to do little was least dangerous, bycaus it was lest subject to accoumpt. I have served his mnjestye tliese fewer yeares in provincia, it is liis pleasure I shold now serve him in urhe. j\Iy service hathe been in my circuit, and at the counsell in the marches. In my circuit, in the meer practise at the common law, cum imperio et jurisdictione, the two amies of justice; for that notable statute of 34 Henry VIII. cap. [26]§ dothe erect in those circuits perfect and compleat courts of King's Benche and Common Pleas, the on in potestate gladii, in pleas of the crowne, the other cum potestate jurisdicendi, in civill pleas. At the counsell, the object of the justice is the cognisance of starchamber and chancerye causes, and of civil pleas of 501. ami under, by later instructions. For this place, to which it hathe pleased his majestye to calle me, I holde myself far unable and unworthye of it. It makethe me within the observation of Christe in St. ^Matthew |1 "To him that hatiie it shall be given." I was not willing to put a hazard upon myself in leaving knowenpathes to runn into un- knowen, whiche I speake in respect of that place whear the reverend judges * Gregor. in Homil. [lib. ii. no. x.\xvi. \ol. i. p. IGIG. cd. 1705.] t Cap. 9. [vol. I. p. 3'J(). ed. Rulikopf, Lips. 1797.] J Tacitus. § "An act for certain Ordinances in the King's Dominion and Principality of Wales." II M.Tttlifw, ch. XXV, vcr. 29. LIIJKi: F AMKLICUS. 99 sit, for ill lliis wlicar I now staml, 1 am no stranj^er ; I attended in it, as a practiser, most commonly for the space of tweiity-tlireo years and altove. Your lordsiiip Iiatlie most gravely and rcligiouslye instructed me quomodo agenflum ; I will lern of these reverend judges, whose assessor I am to bo, quid ageiid'wi. If I observe your lordsliipp's godly advise, the hart, wliiclie is the fountayne, will be pure and clonsed from those four steynes whiclie pervert justice — odium, amor, timor, cu/)idUas. If I harkcn to the comments of these reverend judges, whiche I will verye intentively do, I shall know what to dispense and measure out to the subject that callethe for righte and justice. The product of bothe whiche will be, that true dutye of a, ]u(\ge, juste persequi quod justum. est,* whiche dutye, by God's grace, I will ever endeavour to observe. This being sayd, I [was] led up into the court, and, kneeling before the table thear, toke the othes. I was then caryed up into the court, and sat upon the left side of sir William Jones. From thence the lord keeper went to the Common Pleas, and thear swore sergeant Frauncis Ilarvye justice in tlie Common Please, in the roome of sir William Jones; so 1 had a puisne judge the lirst day. I was called in iMichaelmas term to the Stnrchamber once, to tlie Chancerye often, to sit withe tlie lord kee|)er, and 1 was put into the commission in Chancerye. I was barred from the profits of the office for the vacation before JMichaelmas term, bycaus sir Thomas Chamberleyne was then justice, but was admitted those that did accrue from the first day of Michaelmas term, and these wear: — A privie verdict ..... Cognisance of deeds .... Divident of common liailes Bills of Middlesex, Michaelmas term Divident [upon writs] of Dcdimus j)ofe.ttiiti >n Divident of box ..... Profits in chamber ..... Of Mr. Broom £ s. d. (i 8 10 11) 8 2 13 10 .> 2 5 8 G 62 17 117 14 1 * Deuteronomy, cli .\vi. ver. 20. 100 LIBEK FAMELICUS. Bracton, lib. iii. c. 10. fo. 108, saythe of the justices of the King's Benche that they ur coUaterales et a latere Regis residentcs. fjui omnium aliorum corrigere tenctitur injurius et error-es. Fees of tlie .Tustices to be payd at Michaehuas and Annuntiation.* £ s. d. To the cheife justice 258 6 5 To the cheif justice of the Common Pleas . 194 19 9 To the cheif baron and justices of ether benche 188 6 8 To the barons of the eschequer . . . 113 6 8 Memorandum, that the robes of the judges ar furred upon Simon and Jude,t and so continue until Ascention,:J: and then they be faced withe silk. Thear wear in commons at Sergeants' In, Fleet Street, this Michaelmas term, 1624, judges six, sergeants fourteen. Judnfes on the benche this term of St. Michael, 1624. James Ley, chivaler, Lincoln's In, de pais de Wiltshire (natus ibidem) . . . • • • • • • • . B. R. Uenrye Ilobart, baronet, Lin. In, de pais de Norfolk (natus ibidem) . . . • • • • • • . . B. C. Lawrence Tanfeild, chivaler. In. Temp., de Oxfordshire (natus in com. Huntington) ......... Scac. Edward Bromley, chivaler. In. Temp., Salop (natus ibidem) . . Scac. Johannes Dodridge, chivaler. Mid. Temp., Surrey (natus in co. Devon) B. R. Humfred' Winche, chivaler. Line. In, Bedford (natus ibidem) . B. C. Johan' Denham, chivaler. Line. In, Surrey (natus Londini) . . Scac. Kicard' Ilutton, chivaler, Gr. In, Eborum (natus ibidem) . . B. C. AVilliel' Jones, chivaler, Line. In, Anglesey, moratur in London, et in com. Buck, et Oxon. (natus in Anglesey) . . . . B K. Jacobus Whitelocke, chivaler. Mid. Temp., Buckingham (natus Londini) . . . . • • • • • • . B. R. Franciscus Harvey, Mid. Temp., Northampton (natus ibidem) . B. C. • 25 March. t 28 October. X Holy Thursday, Tliursday in the tiftli week after Easter week. LIBER FAMELICUS. lOl Scrvientcs Domiiu Kegis, attorniitiis et sollicitntor. Kaniilplius Crue, chivaler, Line. In, natus in com. Cestriic, conunorans in AVestnir. Johannes Davys, chivaler, Mid. Temp., natus in com. Wilts, habitans in com. liarks. Kobertus Ilitcham, chivaler, Gr. In, tie com Henricus Finch, chivaler, Gr. In, de co. Cantia?. Georgius Croke, chivaler, inner Temp., natus in com. Buck, habitans in com. Oxon. Tho. Coventre, chivaler, In. Temp., natus in com. Wigorn, morans Londini, attornat. general. Robertus Ileathe, chivaler, In. Temp., natus in com. Sur., morans Londini, sollicitator generalis. Copia litterarum patentium irrot. ]MIch. 22 Jac. rot. 20L Jacobds, Dei gratia Angl. Scot. Fran, et Iliber. Rex, fidci dcfens. &c. OMNinus ad quos presentcs litterae pervenerint salutem. Sciatis quod con- stituimus dilectum et fidelem nostrum Jacobum Whitelocke, militem, servientem ad legem, unum Justitiariorum nostrorum ad placita coram nobis tenend. assignat. IIabknuvm quandiu nobis placuerit, cum vadiis et feodis ab antique debitis et consuetis. In cujus rei testimonium has littcras nostras fieri feeimus patentes. Teste meipso apud Westmonasterium, 18 die Octobris anno regni nostri Angliaj, Franciaj, &c. 22" et Scotia? 58°. At this time thear wear two places voydin the King's Benche; the on of justice Houghton, who dyed in Hillary term last, and the other of justice Chambcrlcync, who was discharged of his place in the King's Benche by Avrit, this 18. of October, being St. Luke's day; on whiche day sir William Jones, knighte, and I wearbothe sworn; ut supra, p. 97. Term Hillar. 1624. The vacation before this term sir .Tames Ley, cheif justice of the King's Benche, was created lord Ley, and made thesaurer of England, and continued notwithstanding in the place of cheif justice untill the second day of this term, for the first day the writts went withe his teste. 102 LIBER FAMELICUa. Sir Randle Crew, the king's sergeant-at-law, was made cheif justice in his place. Justice Winche dyed this term, and sir George Croke, the king's sergeant-at-law, was made justice of the Common Pleas in his place. In December 1624, dyed my brother Ricuard, who if he had lived untill Innocents following, he had been full fifty-nine yeares of age, for ho was born 28 December, 1565; he dyed at Elbing in Spruceland. Justices of Assise tlie circuit in Lent, 22 et 23 Jacobi. Oxon., Barks, Gloucester, Monmouthe. ) justice Jones de B.R. Heref., Salop., StaflTord, Wigorn. ) justice Whitelocke de B.R. Southampton, Wiltes, Somerset. ) cheif baron Tanfeild. Dorset, Devon, Cornwall. ) justice Ilutton de B. C. Sussex, Surrey, Kent. ) justice Croke de B. C. Essex, Hartford. i Sergeant Davis. Northampton, Warwick, Lecester. ) cheif justice de B. C. Rutland, Lincoln, Darby, Nottingham. ) baron Bromley. Buckingham, Bedford, Cambridge. } cheif justice de B. R. Huntington, Norfolk, SuiTolk. ) justice Dodridge de B. R. Eborum, Lancaster, Durham. . ^^^^^ Denham. Northumberland, Cumberland, West- .^^^.^^ jj^^.^.^^^ ^^ g <.. merland. J Memorandum, quod 6" die Februarii, recepi breve domini Regis de summonitione ad parliamentum in hijs verbis sequentibus: — Jacobus &c. dilecto et fideli nostro Jacobo Whitelocke, militi, uni Jus- titiariorum ad placita coram nobis tenenda assign, salutem. Cum nuper, de advisamento et assensu concilii nostri, pro quibusdara arduis et urgentibus negotiis, nos, statum et defensionem regni nostri Angliae et ecclesise Anglicanaj concernentibus, quoddara parliamentum nostrum apud civitatem nostram Westmonasterium 12" die Februarii, anno regni nostri Anglia;, &c. 21° et Scotia; 57" teneri ordinavimus, ac ibidem cum prwlatis magnatibus et proceribus dicti regni nostri colloquium habendum et tractandum. Quod quidem parliamentum nostrum 19° die dicti mensis Februarii inchoatum, et ibidem usque ad 29'"" diem ^Liij ultimo prfcterito tentum fuit, ac deinde per diversas prorogationes, usque LIBKIl I'AMELICUS. 103 ad et in IS"™ diem Martii proximo futuro prorogatum existit, Veins mandamus, firmiter injuiigendo, quod, omnibus alijs praetermissis, dicto 15^ die Martii apud Westmouiustcriiim pre(li(;tum personaliter intersitis, nobiscum ac cum ca;teris de concilio nostro super dit-tis negotiis tractaturum verumque concilium impen- suruin. Et hoc nullatenus oinittatis. Teste meipso, apud Westmonasterium, quinto die Februarli, anno regni nostri Angliie, Sic -I'l" et Scotia; 58". C.»:sAR Ka. Our circuit began at Oxon, Martis, 8vo die Martii, 1G24. The king dyed 27 Martii following, yet we herd not of it, being then at Stafford, but proceeded, and on Wednesday execution was done on tliose that wear tryed thear. I sat upon nisi prius. On Thursday we came to Worcester, but, being assured of tlie king's deathe, we, witlie the bishop, highe shirif, and maior of Worcester, and the justices of the peace of the countyc, proclaymed king Charles, it being the last of Martche, 1625. Termino Pasc. 1625. This term SIR JoiiN Walter of the Inner Temple, that was attorney to prince Charles, was made serjeant-at-law, and chcif baron of the eschequer, and had the western circuit. He is a Shropshire man born. Sir Henrye Yelverton of Grays In, that had been sum time attorney, was made fifth judge of the Common Pleas, and sergeant, and had Essex circuit. The rest held as at the last circuit. A Northamptonshire man. Sir Thomas Trevor, that was soUicitur to prince Charles, was made sergeant and fourth baron of the eschequer. He was of the Inner Temple, a Flintshire man orujine, sed natus Londini. On Saturday the 2"^ of July, the king in person, withe the lords spirituall and temporall, and the judges and other officers of the higher house, celebrated A fast in the Abbey of Westminster. It bco-an at 9 in the morning, continued untill past on, and then began at almost 3, and continued till past 5. The king was not thear in the afternoon. Bishop of Bathe and Wells* preached in • Arthur Lake, 1616-1626. 104 LIBER FAMELICUS. the forenon, and the bishop of Salisburyc * in the after noon ; the bishop of Bristoll t red prayers; the l)ishops of Bangor $ and st. David's § red the letanyc; tlie bishops of LlandalfH and Gloucester IF red the latter service. The king sate in the highe pue on the left hand of the pulpit; the bishops sate against him in a low pue in the quier before. The prebendaryes, the erles and viscounts sate in the pues under the pulpit, and the judges sate on formes before them. The barons sate over against the erls, on the left hand as yow cum up to the chancell, and the king's sergeants, counsell at law, and masters of the chancery sate on formes before them. The commons did celebrate this fast in st. Margaret's Churche, and had three sermons that day, and the next day, being Sunday, did all of them rcceave the blessed sacrament. Concerning the passages in term and parliament see my booke of reports. ]\Iemorandum, that a justice of ether bcnche hathe, per diem, 85. did., whiche in the whole yccr amountcthe to 154/. 19«. 8c?., and he hathe wages for circuits per annum 231. 6s. 8d. payable at Annun- tiation and Michaelmas, by equal portions; so his half yeares wages is half-veerly 94/. 3s. 2d., whiche is payed unto him the day after Ester term and the day after ]\Iichaelmas term, and his quotidian he hathe but from the day his patent bears date exclusive, whiche was the cawse I was abated; for my quotidian began 19 October, and I was sworn 18 October. The circuit money is ever payd the day after Hillary term, and the day after Trinity term. Thear is due to everye puisne judge impost for two tonnes of wyne, whiche is worthe 41., but it is encroached on for new fees of officers. Sir Thomas Chamberleyne, knighte, justice of Chester, dyed 27 September 1625. * John Davenant, 1621-1041. f Robert Wright, 1623-1632. Z Lewis Bajley, 1616-1631. § William Laud, 1621-1626. II Theophilus Field, 1619-1627. 1 Godfrey Goodman, 1624-1640, LIUEU I'AMKLICl'S. 105 Upon Tlmrsday G October, whichc was piwiKs dies of the Utas* of St. Micliacll, I kept essoinos in Westminster lialle, and adjourned iMicliaelinas term, cssoincs and all, untill mense Michaelis, to the same place, according to the kinpj's proclamation dated at Ticlifeild, 4. September, 1625. I came that mornin*:^ from Ilorton by Colebroke in my coatche, and at the park-corner turned in, and thear dyncd in my coatche withe colde meat I caryed withe me thethcr; and left al my hakneys thear, and tokc only two men withe me in my coatche, and the same day rctorned back to Horton againe.f Siii IIenuy Hobekt, knight and baronet, cheif justice of the Common Pleas, dyed at his house in Norfolk, upon st. Thomas of Canterburyes day, 1625, which is the morow after Innocents day.J Term Hill. 1625, sir John Bridgeman, knighte, scrgeant-at- law, was made justice of Chester, in the place of sir Thomas Cham- berleyne that was dcd. Sir John Davis, knighte, on of the king's sergeants-at-law, dycl sodeynly in the nighte after Michaelmas term, 1626. He was well when he went to bed, and was found dcd in his bed in the morning, ])ut what time in the nighte he dyed was not knowen, nor herd of. He was in communication to have been made cheif justice of the King's Benche, in the place of sir Randle Crew. But God prevented so inconvenient an intention to the common wealthc. In January, 1626, I boughte of John Est his 6 acres of wood in Falley, called Downes. I payed him ready money 'JO/. Nota, est record in mon Court booke, quod Nicolas Hyde fuii fait cheif justice de B. E., term Hillarij, 1626, 2° Car. Memorandum, that all my ancients refused to go Norfolk circuit, and then it falling to my torn, I could not, bycaus I dwelled in Buckinghamshire; so of the two left I chose the Northe. * Octaves of, or eight days after, Michaelmas. + Tiiis was of course on account of the plague, liulstrode Whitdocke mentions this circumstance in his Memorials (p. 2), with one or two additional particulars. He nijs that sir James " drove fast through the streets, which were empty of people and overgrown with grass, to Westminster Hall, wlure the oHieers were rea<ly, and the jti'lge antl his company went straight to the King's Bench, adjourned the court, returned to his cd.T.li, and drove away presently out of town." J Dec. 21'. CAMD. SOC. P 100 LIBER FAMELICUS. Circuitus o?stivus incepit apiul Eboracum, IG die Julij, 1627. Records Fines Feoda judicialia Of the prsenotary of Lancaster De comite Darby De majore Eborac. De episcopo Dunohn. De villa Novo Castri De mnjore Xovo Castri, (spur royall) De comite Cumbria;, vicecomite Westmerland De vicecomite Northumberland De marescallo , . . . De clamatore .... £ s. 37 13 37 13 1 2 12 2 17 1 10 7 d. 4 4 8 6 Expensae. In travail to and from circuit In the circuit Clerico assisarum Sic restat de claro proficuo . Item of the shirif of Carlile a dudgeon dagger.* The Northern circuits was worthe to me de claro tli the 20Z. in the duchye allowed as part of it Wages at Michaelmas 1627 . 3 fines ..... Summa omnium proficuorum officij mei, hoc anno Expensae in circuitibus Expensae in terminis Sicproficua de claro, hoc anno, prjEter cxpensas Deo Geatias. 139 13 10 19 18 6 26 4 4 5 .50 7 6 89 6 4 is year, all charges born, 310 17 1 94 3 2 1 4 1121 12 9 81 8 1 65 13 10 147 1 11 974 10 10 * A dagger with a handle made of root of boxwood. " Turners and cutlers," says Gerarde, " do call this wood dudgeon." See Nares's Glossary. LI15i:U TAMELICUS. 107 My cnterteynments in tlie Northern Circuit besides the profits III i.iMit CiriMiit. 01" the king for York Of tbe ducbye .... Tlie dui-Iiye for Ester and Trinity term Our cliurges at Donciister, by the towne Of the niaior of York Munday dinner, the niaior of York Sunday and Tuesday dinner, the shirif of Yorkshire The prenotarye at Lancaster The erl of Darbye .... Our charges, horse and men, at Lancaster . 39 13 23 10 10 u 2 4 5 1 5 81 12 In Summer Circuit. Of the king for York, Northumberhmd, and Cumberhuid For Lancaster . . . • ■ For tlie duchye, Michaelmas and Ililiary term Our cnterteynment at Doncaster Of the maior of York . . . • Sunday and Tuesday dinner, of the shiref of Yorkshire Of the bishop of Dunolm .... Enterteynment by the bishop at Darl[ing]ton Enterteynment all the assises at Dunolm Of the towne of Newcastle .... Enterteynment of dyet by the towne, during the assises, for the countyes of the shire and the towne Of the bhiiif of Northumberland at leave taking, in gold Of the maior of Newcastle at leave taking, a spur royal * in Of the shirif of Cumberland all charges and a dagger Of the shirif of Westmerland lodging and for all charges Of the shirif of Lancaster all charges during the assise Of the prenotarye of Lancaster Of the erl of Darby thear .... 67 '2 23 10 10 2 4 12 o 1 gold 15 17 5 1 •J 141 Ifi ♦ A oiu of the rt-ign of Elizabeth. On the reverse it liad a stiir resembling the rowel »if a spur. Sec Nare»'» Glossary. 108 T.IBEK FAMELICU8. Memorandum, that our wages, whichc for the mcmoryc of man had been ahvayes payd the last day of Ester term and JNIichaehnas term, or the day after at the farthest, was unpayd the end of this Michaehnas term, 1627, wherupon four of the judges wear sent from all the rest to the lord thesaurer,* to desire his care of it — Jones, Whitlocke, Harvye, Croke. To whome the ekl OF Makbokow, thesaurer, gave sleevlesse and cumming answeares, but craftely and deceiptfully, underhand, did abuse the judges withe delayes, for he promised he wold take present order withe sir Robert Pye, clerk of the warrants, that they shold be first payd, whiche he did by word of mouthe, but by his writing gave order for others. He was put in niinde of the act of 18 Henry VI. f by whiche we wear assigned to be payd out of the hamper, and if in that ther wear no money, then out of the customs of London, Bristow, and Kingestown-upon- HuU, and that in the time of civill war we wear payd, and that so mutche was ever set apart for the judges, what want soever ther was otherwise; and see the booke case 1 PI. 7, fo. 4b. But this old dis- sembler, that had been on of our owne companye, used us worse then any man by fore him. He was wont to be called " Vulpone," and 1 think he as well deservethe it now as ever. Being himself indebted to sum of the judges, for moneys he had borowed of them when he was cheif justice of the King's Bcnche, he gave a private warrant for tlie payment of them underhand, but sir Robert Pye verye honestly refused to execute it, and retorned answear, that it was a gcnerall dutye for the whole order, and that it shold be done for all at once, and that none ought to be preferred or singled from ther fellowes. This Michaelmas term, GeOUGE Vernon, of Cheshire, a reader of the Inner Temple, was, for money, made Serjeant and baron of the Eschec|uer; dedit aurum. His poesy e was Rex legis regnique patronus. Memorandum, that the thesaurer dallyed out all the vacation, and all Hillary term, without payment of our wages, wherupon myself and Dodridge and Jones caused writts of liberate upon the statute of * Jaincs Lev, carl of Mailboiougli. f Vide slat, inter arcliiva nica. LIUER FAMELICUS. 109 18 Hen. VI. to be drawn, tlicrby to charge tlie clerk of tlie petit bag, but the lord keeper called us to stay, and he wold interpose. Circuits held as the last summer, but the ancient in everye circuit stayed at home to attend the parliament, whiche was to begin 17 Martij, 1627. An other wonder fell out this term, for whearas the judges, ever sithence their compounding for the charge of the circuit, wear payd their circuit money the last day of the term preceding the circuit, now at this time on penyc was not payd, so they wear put to this straighte, ether to deceave the whole kingdom, whome by their summons they had called togeathcr, or spend their owne money in the king's service. These monstrous enormityes in the state ha])pened by the crooked dealing of the thcsaurer. Johannes Dodridge, miles, unus justitiariorum ad placita coram &c., obiit in Kdibus suis apud Egliam, mense Septemb. ultimo, annos natus circa 72; et in locum ejus assumptus est Georgius Croke, miles, unus justitiariorum de Banco. D[odridge] fuit de medio templo, Croke de inteiiore. Note, when he toke his othe, and when he was spoken to by the lord keeper, and when he answered his speeche, he kept his place in the court, before the place whear the clerk and prenotaries sit, but, if he had been a serjeant, he shold have stood at the bar untill he had cum up to that place to swear. But, in ether case, the othe is taken kneeling. Note, also, by opinion of all the judges he is to kcej) his olde place, bycaus it is but as a translation of a bishop. The allowance of Justices of Assise in tliear circuits, as it was i)roportione«l at the first making thearof. £ s. d. . . • 1 1 dyet per diem . . . I s 4 A puisne jud^e \ -^ * ,, . , for his men, ten, allowed catche IG'' . . . I.J 4 ' hordes, thirteen, eatche IG** . Ad for the second judge as mutche 4 lU 17 4 2 2 9 9 110 LIIIKU FAMELICUS. Oxoii. t'ircuit. For the clerk of assise, three men, catcliu 1()''. . .04 For five horses lor the clerk of assise, catchc IG''. . .00 Thear is alloweil to bothc judges for liniicii and other necessaries l:} 1 4 9 G 8 This in all is for bothe judges per (lieiu . . • .62 This for Oxfordshire circuit for twenty-eight dayes, whiche was the olde allowance, came to . . . . . 170 10 Out of this the clerk of assise had, for horscuieat for twenty- eight dayes ....... Of ether judge for every circuit, 4Z. I'Ss. Ad. Thear is an addition of five dayes to this circuit . . 30 10 So the allowance is now . . . • . 201 6 To ether judge . • • • • . 100 13 The clerk of assise hathe but his old allowance for horsemeat. Memorandum, quod 28 die Maij, 1631, in Vigilia Pentecostes, inter horas 11 et 12 post meridiem, obiit uxoit MEA charissiraa Elizabetiia, apud Falley Court in com. Buck., annos nata 55 in festo divi Jacobi* ultimo praiterito; fcemina marito suo amantissima, fidelissima, in re familiari sua prudentissima ; in adversis patien- tissima, et supra omnes quas novi pia, rcligiosa, in Deum devota, in pauperes benefica. Sepulta est in ecclesia de Falley, ubi expecto locum a latere ejus. ■* Mv f-rand-childe James Wiiitelocke was born in Chcapside, London, in the parish of St. Pancrace in Soper Lane, 13 Julii, 1631. Baptizat. ibi 28 Jidii post. I was godfather, by Ilumfrcy Bennet, my daughter in lawes brother, liichard Bonnet, the eldest brother, the other, and my sister Bennet godmother. Deus sit henigmis pucro. Upon the feast day of st. John the Evangelist, 27 December, 1631, the chappell in ray house in Falley Court, in the countye of Bucks, and dioccs of Lincoln, was, in a most reverend manner, con- secrated by the lord bishop of Lincoln, John Williams, wdio would * '2.')th July : jwl- p. !•'», where .she is stated to have been horn on the "laat of July." LIHKU I AMKLICL'S. 1 H not case liimsclf by (loin«,' [it] by cominipsion to a '* [so] goofi a Irond," as it pleasfd him to esteem mo, but came from London on st. Stccvcn's day of purpose to do it. Thcar wear present Robert A\'riLdit(' lord binlu^p of liristoll, myselC, Kicliard Harrison, Jolin I»orlace, Miles Ilubberd, and Cope Doyly, knights, Francis Winnc- banck, clerk of the siknet, Bulstrode Whitelocke, Borlace, Cope Doyly, suns an<l heirs to knightes; Sym<msof Pyrton, Richard Okely, Knightlyc, Dufleild, esquicrs; John King, Some, canons of Windsor and doctors in divinitye; James March [?], Web, doctors in divinity; [William] War, archdeacon of Lccestcr, the bishop of Lincoln's chaplcin that preached ; Banes, parson of Greyes; William Kitson, parson of Fawlye; White, vicar of War- grave; Canon, vicar of Hurley; Dumbelow, parson of Hamblcdcn; Barnard, vicar of Medmenham; withe divers others, clerks and lay- men. The bishop did, in the chappell, collate to mr. War the prebend of Leaghton. in tlic elunclic of I.inrolu, vovd bv the deathe of dr. Theodore Price. APPENDIX. [Domestic Papers, State Paper Office, 1G13, June ]2.] At Whitehall, in the Qlteenes Chamber of Pkesence, on Saturday the 12th of June 1G13. This day sir Robert Mancell, knight, and James Whitlocke, esquier, councellor at lawe, formcrlie comniitteJ for their contempts, were convented before the lords and others of liis Majesty's privey councell, assisted with the Master of the Rolles, the Lorde Cheife Justice of the Common Pleas, and the Lord Cheife Baron of the Exchequer, at Whitehall, and there were by his Majesty's learned councell severallie charged. The substancs of which charge and the sentence and order thereupon gyven were as followeth : — First, the said James Whitlocke was charged, that, whereas his Majestic beinge crediblie informed of divers great fraudes, deceipts, and other abuses, which had bene committed concerning the service of his Majestie's navye, thorough the negligence or corrupcone of inferiour officers and others iniployed in that service, thought fitt in his princely wisedome and pro- vidence to grant, and accordiuglie had granted forth, a commission under the greate scale of England, unto the Lord Chauncellor of England, the Lord Privie Scale, the Lord Admirall, the Lord Chamberlein, and divers other greate councellors and other persons of eminent quallitie, to enquire, examine, and finde out the same deceipts and abuses. And upon the dis- coverie of them as well to give order for the due puni.shniente of the oifen- ders for the time paste as likewise to sett do^^^^e titt ordinances and rules for the well governing and ordering the navye and all the incidents thereof for the tynie to come, which re;isonablie may be inflicted upon the offenders, provided that all should be according to lawe; the said James Whit- locke, emboldened by that which ought reallie to liave refrayned him CA.MD. SOC. Q 114 APPENDIX. (wliicli was his science and profession in the lawo), had committed several 1 gnat contempts concorninge the same comission. The one, that he had ixnjustlie traduced and shmdered the said comission to bee of another nature then indeede it was; the other (which was yet greater) in that by occasion thereof hee presumed in a verie strange and unfitt man- ner to make an excursion into a general censure and defyninge of his Majesties power and prerogative. Concerninge both which it was particularlie penned by his Majesties said councell,that sir Robert Mansell, treasurer of the navye, seeking to crosse tlie said comission, about the end of Hillary terme last past, repaired to the said Whitlocke, and earnestlie moved him in the name of the lord high admirall of England (as by the said Whitlocke was avouched) to sett down what exceptions he could possiblie devise, and as fuUie as hee could, to the forme and substance of that comission; Avhereupon the said Whitlocke, with an extraordinarie haste and apprehension, sett downe in writing divers untrue and scandalous matters under the title of " Excepcones to the said Comission." For first, in the said paper, hee tearmed the comission in very con- temptuous manner " irregular," '' without president," " strange," " of a new mould," and such as he hoped shoiild never have place in this common- wealth, and tearmed alsoe the comissioners therein " inquisitors," to make it seeme the more odious, and in all the course of his writing never used soe much as a modest phrase of tendernes or loathues to deale in soe highe a cause, or of referring or submittinge himself to better judgment, or of making the case dijB&cult or doubtfuU, but toke upon him to pronounce the comission to bee voyd and against lawe, and to give an absolute cen- sure in derogatinge of it. Whereas it might have become him either to have declyned to deale in a cause of that greatnes, or at least to have handled it in reverend and respective manner, being an acte of state pro- ceeding from his ]Majestie. Secondlie, he did taxe the comission, that by the teuour thereof the punishment of offences was left to the discretion of the comissioners, which is but a calumniacone, for that it appears by the words of the said co- mission that the scope thereof was but ad inquirendum, and that the order to be given was to be intended of a direccone to referre the offences to APPENDIX. 115 course of justice as appertaiiinctli, and not to an ymediate and judiciall licuring and determinucone of tlioiu. Thirdlie, the said Whitlocke did devise, in scandall of the said comission, to compare and match it with the comission mencioncd in the yearc bookcs in the 42 ycare of kinge Edward the 3rd, and there by the court mostjustlie condemned, by which comission certaine persones were co- maunded forthwith to arreast a subject's bodie and goods, and to cast him into Gloucester gaole, withoute sentence or judgment before gyven, or cause expressed, whereas the present comission was soe farre different in nature from tliat other, as it might in some sort be said to be contrarie, tlic one beinge to proceede to execucone and judgment precedent, and the other being but a preparation to a proceeding subsequent. And, for the second contempt, it was shewn to his Majestie's said councell that the said Whitlocke liad alliinned and mayntained in the said writing, that the kinge cannot, neither by comission nor in his o\vue person, medle with the bodycs, goods, or landes of his subjects, but oulie by in- dictment, arraignment, and tryall, or by legal proceedinge in liis ordinarie courts of justice, laying for his grounde the statute of IVlagna Charta, " Ntillus liber homo capiatur, cj-c." which position, in that generall and indeffinite manner, was sett forth by his Majestie's said councell to be not onlie grossely erroneous, and contrarie to the rules of la we, but daungerous, and tending to the dissolving of the govermente. First, for that lex terra, mencioned in the said statute, is not to be uuderstoode only of the pro- ceedinges in the ordinarie courts of justice, but that his Majesties pre- rogative, and his absolute power, incident to his soveraignty, is also lex terra, and is invested and exercised by the lawe of the lande, and is parte thereof. And it was thereupon observed and urged, that the opinion broached by the said Whitlocke did manifestlie (by conseciuence) ovcr- throwe the king's martiall power, and the authoritie of the councell table, and the force of his Majestie's proclamacones, and other acconos and direc- cones of state and poUicie, applied to the uecessitie of tymes and occasiones, which fall not many tymes within the remedies of ordinarie justice, nor can- not be tyed to the formalities of a legall proceedinge, propter tarda legum mixilia. Neither could he the said Whitlocke be so blinde (cxcej^t he would wilUullie mistake) but that he mustneedcs decerne that this present comission was mi.xed with uialler of estate, and martiall defence, tending 116 APPENDIX. to the conservaconc of the navyo, wliicli is tlie wallcs oftliis island, and a principal! portione of tlio suevtie, quictiies, and renownc of kinge and kingfdonio, and thercforo not like unto a comission of oyer and determiner or such other ordinary comissiones. Secondlie, it was observed by his Majestie's councell, that in this case there was another point of difference, which was, that the shippes and vessells, Avith all their furniture and the materialls thereof, are the king's owne, and the persons whom the said comission did concerne are his officers and servants, or in his pay or wages, so that his Majestic, in this case, hath a power of examinacione and correctione, not onlie as a kinge, but as a master and owner. Tliirdlie, it was enforced by his Majestie's said councell, that if the statute of Magna Charta, in the point of Nulbts liber homo capiatui\ &c., should receave the construccon that the said Whitlocke giveth unto it, it doth manifestlie impeache all imprisonment, either for causes of state or common justice, before tryall, whereas the general! practise of the realme is and hath ever bene that, not onlie the councell of estate, but justices of assize and justices of peace doe committ ojQfenders capitall upon pregnant presumptiones before either tryall or indictment; and common reason teacheth that if the persons of malefactors were not secured by safe cus- todie before indictment, there would be nothing but escapes and general! impunitie. And therefore that assertion of the said Whitlocke is everie way pemitious. Whereupon the Kinges said learned councell concluded upon both partes, that as well for the * * of his Majesties comission as for the clipping and impeaching of his Majestie's prerogative and power, the said Whitlocke's contempts were very great and deserve severe punishment, neither were anie waies to be defended by the * * * * coun- cellor at lawe, which was not infinite, but to be conteyned within due limits, and was to be managed without presumption and with due respect to other powers. For which purpose his Majesties said learned councell produced divers presidents of severe proceedinges against lawyers for their contempt in giving craftie and turbulent councell and opynion to their clyents, which nevertheles they said were of an iuferiour nature unto the present offence. After the charge of the said Whitlocke, there followed the charge like- wise of Sir Robert Mansell, wliich was to this effecte: That his faulte APPKNDIX. 117 Avas not anie tbingc infcriour to the other, for that he had sought undu- tifullie to oppose liim sclle against his Majostie's proceedings and to call liis prerogative in question, which faulte was aggravated — First, in that Mr, Whitelockc had not undertaken this worke but at his iuijKjrtuuity, and upon confidence of the countenance and assistance of the lord achnirall, whicli hee pretendeil. Sccondlie, for that he was the meanes to divulge those daungerous posi- tions tending so much to the diminution of liis Majesties royal power. And thinllie, in that he being a priucipall officer of the navye (whose dutye did oblige him to advance the same by his best endeavoures) had nevertheles used meanes to hinder soe neccssarie a service as was intended by the same co mission. Upon which severall charges the said Sir Robert Mansell and James "Whitlocke, perceiviuge the nature and weight of their offences, did in all humilitie acknowledge their errors, and, flying from his Majesties justice to his grace and clemencie, hiuiiblie begging their lordships to be inter- cessors to his Majfstie on their behalle, that his highnes would be gratiouslie pleased to accept of their submission and penetency, and to remitt anie further penaltie fur the said offenses beyond the imprison- ment they had already endured, and to restore them againe to his favor and gratious opinion, which they would endeavour to deserve by all possi- ble service. Upon all which matter and answeres fullie and deliberatlie heard and considered, their lordships, togeither with the judges their assistants, did severallie (begining Avith the highest) declare their judgements, howe much they did condenme the doeinges of the said Sir Kobert Mancell ami Mr. Wliitlocke, and howe greivous and dangci'ous they conceaved their ofiences to bee, opening gravelie and effectuallie the quallitie of them, yet they nevertheles favorablie inclyned unto the sute of the said Sir Robert Mancell and Mr. Whitlocke, to comend their cause to his Majesties grace and clemency, and promised their best assistance and furtherance for the ob- teyning of the same, and in the meane tyme they required them to make severallie the like submissiones in writing, subscri]>ed with their handes, as they had done by worde, and remaunded them unto their severall prisons unlill his Majestie's pleasure were further knowne. The next day, (beinge Sonday the 13th of this moiath,) the aforesaid 118 APPENDIX. submissions bi-ing written and subscribed, as was enjoyned, and presented to his Majestie's handes on their behalfc, it pleased his Majestie, out of his singular clemency and goodnes, upon the report which had bene made by tlu[ir] lordships uuto him of the former dales proceedinges, to accept of the acknowledgment of their faults and errors, and to receave them againe into his favour. Wherefore order was gyven to send for them, and, thus much being signified unto them both by his Majestie and the councell table, after certainc grave admonitions for their behaviour in future, towards his Majestie and the causes of his prerogative and estate, direcciuns were given for their present inlargeraent. I N D E X. Al)bot, Geo. arclilip. of Canterbury 40, 55, 75 Abergavenny, lord, see Neville, Edwd. Abingdon 29 Aldermary churcb 16 Alford, sir Wm. 52, 94 Allen, Mr. 44 All Souls college, Oxford 14 Altham, baron 33 Andrewcs, Lancelot, bp. of Cbichester 13 ; of Ely 44 sir William 7 Anglesey 100 (2) Anne, Queen, wife of James I. 17, 18 Anthony, — 73 Armada, Spanish, the 12 Am, Dr. 50 Arundel, lady Mary 49 Ascomb, cousin 72 (2) Ashcomb, Oliver 71 Ashley, sir Fras. 85 Audley, lord, sec Touohet, Geo. Augmentations, court of 23 Aushani, Mr. 47 Bacon, Fr;is. lord Vcrulam, lord chancellor 33, 40, 42, 53, 55, 68, 60, 62, 63, 64, 65, tM , 69, 78, 79, 85 Bacon, sir Nicholas 53 Baker, Saml. 45 Banbury 24 Banes, — 111 Bangor, bp. of, see Bayley, Lewis Barker, sir Anthony 28, 90 sir Henry 28 Barnard, — 111 Barton, co. Berks 28, 29 Baskerville, — 27 Bath and Wells, bp. of, see I^ko, Arthur Batson, Mr. 72 Bayley, Lewis, bp. of Bangor 104 Bear Wood 1 quay, the 5 Beaumont, sir Richd. 71 Beche, de la, see Dc la Beche BeconsfieUl, Bucks. 15, IS, 19 Bedford, 100 CO. 43, 102 Bedford, countess of, see Russell, Lucy earl of, sec Russell, Wm. Beeches, near Okingham 1, 2 Bon, Anthony 54 ; sir 63 Bennet, alderman, 64; Humfn-y 110: sir John 46; Mary 21 ; Richd. 110; Thos. 29; sir Thos. 21,«;4, 68 120 INDFX. IK'resford, Gcorpc 4; Mary 4 ; Ursula 4 ; al- domian of London 4 Berkeley, Geo. lord 47 Berks. CO. 16. 17, 45, 101, 102 Berkshire, archdeacon of 43 Berneires, widow 47 Bewdley, 85, 89 (3), 91 (2), 95 Bickley, Thos. warden of Merton College, Oxford, bp. of Chichester 77 Billingbear 32, 46 Bilson, Thos. bp. of Winchester 47 Bingham, de, see De Bingham Bishop's Castle, Shropshire 90, 95 Bledlow, CO. Buckingham 49 Blount, Chas. lord Montjoy, and afterwards earl of Devonshire 21, 61 Bluemantle, see St. George, Henry Blunt, — 72 Boar's Head, the, Eastcheap 12 Bordeaux 5 Borlace, mr. Ill ■ sir John 111 Borlase, mr. 75 sir Wm. 63, 70, 90 Boughton, CO. Northampton 51 Bourchier, lady 7 Bow 60 Boyer, sir AVm. 47 Bramston, Thos. 70 Bray 27, 32 Brecknock 30, 54 Brereton, sir Thos. 88 Brian, Richd. 21 Bridgman, John 71 ; sir John H'S Bridgenorth 70 Bridgewater, earl of, see Egerton, John Brightwell 77 Brist-.l, bp. of, see Felton, Nicholas; Search- field, Rowland; Wright, Rol.t. Bristol, 108 Britten, sir Henry 70 Brokhurst, — 5; Joan 5 Bromley, sir Edwd. 100, 102 Brooke, Chas. 27; Henry, lord Cobham 27; lord, see Grcville, Fulke; Ralph, York herald 34 Broom, mr. 99 Browne, — Mayor of London 17; Cecil 1 lady 17, 26, 29, 32 (2). 45, 49, 62, 73; Giles 71; sir Henry 02, 71; sir John 17, 26, 29 Brydges, Geo. lord Chandos 91 Bryer, sir Wm. 49 Buckingham, duke of, see Villiers, Geo. 100 CO. 15, 17, 27, 28, 53, 60, 62, 100, 101, 102, 105, 110 Buckridge, John, bp. of Rochester 16, 20, 60, 73, 75 Bull, Anthony 21, 45 Bulstrode, Ann 16, 18; Cecill, mother of wife of sir James Whitelocke 15, 17; sister of wife of sir James Whitelocke 17, 18; maid of honour to Katherine of Arragon 17, 28; Dorothy 17; Edwd. son of Thomas and father of wife of sir James Whitelocke, 15, 17, 26, 28; Eliz. 15; Edwd. son to Richd. 17, 27, 31 ; Geo. 17, 26, 27. 28, 53; Henry 16, 28, 29, 30 (2), 41, 45, 49, 63, 70 (2), 72; Mary 16, 45; Richd. 26, 27, 28 ; Thos. 17, 26, 28; sir Wm. 26 (2), 71 ; Wm. 27 Burnham 4 Cx.sar, sir Julius, Master of the Rolls, 40 (2), 45, 75 Calveley, sir Richd. 94 Calvert, sec. 71, 85 INDEX. rji CambritlRC 43, 54,59; Christ's Coll. S; Jesus Coll. 44; King'HColI.3,44,50, 51; Queen's Coll. GO; Trinity Coll. 44; eo. 43, 102 Cantcrhury 43 archbp. of, sii^ AI)l)ot, George Carleton, Dudley 10; sir Dudley, 48; Geo. bp. of LlandafT, and afterwards of Chi- chester 75 Carlisle, sheriff of lOi! Carnarvon, co. 94 Carr, Robt. visct. Rochester and earl of Sn- mcraet, 29, 46, 57, 58 Gary, sir Edwd., master of the jewels 41 ; sir Philip 41 Catesby, sir Wni. 2S ; his father. Hid; of Whiston 53 Cecill, Robt. earl of Sali.sbury 47 Thos. earl of Exeter 4 1 Cliamberlain, John 10 Chamberleyn. Thos. 22, 23, 33; sir Thos. 78, 79, 87, 95 (3), 97, 99, 101, 104, 105 Chambers, mr. 72 Champneys, Gawcn 21 Cbandos, lord, see Brydges, Geo. Charlbury, co. Oxford 13 Charlcot, co. Warwick 30 Charles, prince 31, 84, 85 his attorney 54, 68, 103 his solicitor 103 Charles I. proclaimed at Worcester 1('3 Chcapside 110 Cliester 3, 84 (2). 88 (3), 89, 94 chief justice of 78, 79, 80,86,91 (2), 104, 105 CO. 88,94, lol Chesterfield, Thos. U. Choyney, sir Fras. 63 Chibliorn, mr. 42 C.\MD. SOC. Chielifster, bp. of, .»<•<■ Andrewes, Lancelot; IJicklcy, Tlios. ; Carleton, George Fras. lady 39 sir Robt. 39 Chilton, Bucks 15, 17 (2), 25, 27 Cholniley, mr. 71 Christchurch, Oxford 4, 16, 2'; Christ's College, Cambridge 8 Chute, sir Walter 42 Clapham 7 Clerk, mr. 45; Wm. 47; sir \Vm. 47, 63 Clifford, Fras. earl of Cumberland, sheriff of Westmerland 106 Clifton, mr. 71 Clopton 28 Cluar29,32, 50 House 25 Coggs Coppice 22 Cokayne, Mary 7; Thomas 7; William 7; sir Wm. 64, 67 (2), 68, 72 Coke, sir Edwd. 19, 41, 44, 45, 47, 48, 49, 50, 51, 59, 60, 63, 64, 65, 85; chaplain to 60; Eliz. lady, 41, 44, 49; sir Robt. 47; lady (wife of sir Robert) 47 Colnbrook 28, 105 Colte, Christopher 7, 11; Elizabeth 7; Joan 7; John 4 ; John, of Woodwicks 4, 7; ma- ternal grandfather of sir James ^^■hifp- locko 7; maternal uncle of sir James Whitelocke 7 ; mr. 4, 7; Marj- 4 ; Robert 7 ; his son Hiil.; Thomas 7, 16 . Ursula 4 Compton, sir Henrj- 71 ; lady 54 ; .Spencer lord 91, 92; Wm. carl of Northampton 71, 77, 78, 84, 85, 86, 92. 95. 96 Coppin, sir Geo. 60, 62 Corfe Ciwtio 41 Cornwall, co. 102; duchy of 71 (2) Cornwallis, sir Ch.-ui. 43 U 122 INDEX. Cosiiist, ilr. 1 1 Cottington, iiir. 41 Cuveiitr.v, Thos. [>^, C>i; sir Thos. 55, 50, 71, 75, 78, 101 (\>\vdrcy, — 3 Cranfeiltl, sir Lionel 51, 03, 00, Oi', 75 ("2), 70, 85, 90 Crew, Randall 33, 105 sir Ranulph 101, 102 Thos. 33, 41, 42, 07, 69 Croke, Geo. 15, 19, 20, 21, 44, 73; sir Geo. Idl, 102 (2), 108, 109; Henry, 17, 20; sir Henry 71 ; sir Jolin 15, 17, 24, 25, 28, 31 ; Justice K. B. 19, 28, 33, 45, 49, 60, 62, 71, 76; Eliz. the old lady 15, 17, 25, 28,31; oldmr. 17,24; mrs. 20; Mary 20; Paul 62, 72; Wm. 45; Cromwell, sir Oliver 30, 71 Cumberland, earl of, see Clifford, Fras.; co. 31, 102; sheriff of 107 Curl, mr. 70 Customs, the farmers of 54 Daccomb, John 41 sir 61 Dambits, Kathcrine 11 Dantree 47 Dantsey 47 Dantzic 11 Danvers, Henry lonl, afterwards earl of Danby 47 Darlington 107 Darrell, sir Marm. 49, 63 Daston, Richd. 71 Davenant, John, bp. of Salisbury 104 Davi<..sirJohn,75,76 (2), 85, 101, 102, Ida Day, Wni. provost of Eton, dean of Windsor, bp of Winchester 77 Dayrell, dr. 62 De Bingham, Robert, bp. of Salisbury 1, 2 Deddington or Denington, co. Oxford 23 De laBeche,Agnes2; Robert 2; William 1, 2,3 Denbigh 84 (2), 88, 89 (2), 94 Denham, nir. 18; sir John 100, 102 Derby, earl of, see Stanley, Wm.; co. 102 Desguiercs, mons. governor of Provence 8 Devereux, Robt. second earl of Essex 20 Robert, third earl of Essex 8 Devon, co. 43, 62, 100, 102; earl of, see Blount, Charles Digges, sir Dudley 42 Ditton 48, 49 Dixon, Wm. 12 Doddershall, co. Bucks. 28 Doderidge, sir John 97, 100, 102, 108, 109 Dogget, mr. 72 (2) Dominis, de. Marc Antonio, archbp. of Spalato 75 Doncaster 107 Donne, John 16 Dorchester 90 Dormer, — 28 sir John 70 Dorsetshire 102 Dover Castle 43 Richd. 60 Downes 105 Doyley, Cope 90, 111 ; sir Cope 111 Drake, — brother of sir Krancis 12 sir Francis v, 11, 12 (2) Drewry, sir Henry 47; old sir Henry 09; Robt. 09 Dudley, John, duke of Northumberland 52 Dudsun, nir. 72 Duffield,— 111 INDEX. I -J.i I)iiiiil)elow, — 111 Durlcini 107; \>it. of, see Nolle, liiclul.; eo. 1U2; IIoui>o 5<J Uymock, Ann i'J ; Fnw. -lO ; sir Henry 44, 45, 4l» Dyuiuke, sir IMwd. 8l> ; Marg. S'J Eiuit, Julin 105 Hdniund, nir. 33, 40 IMwanl III. 51 IV. 27, 52 prince, son of IMumi-iI IV. '27 VI. 52, 57 Kgcrton, John, carl ol IJrJd^iwater 71 Thos. lord cliancellor, baron Ellcs- mcre, and afterwards visct. Brackley 33, 34, 35, 3<i, 37 (2), 38, 40, 51, 53, 54, 62, 63, 64. 113 Kgliani lUlt Egiock, sir Fras. 71 Ell.ing7, 11,88 (2), 102 Elizabeth, queen 21, 77 Elks, Timothy y Ellesntere, lord, sec Egerton, Tho.s. Eluics, mr. 'JO Ely, bp. of, 3(i: Andrewes, Lancelot Emcnion, nir. 9 Enipson, sir Richard 28 Erdington, co. Warwick 44, 4'J Erskinc, Thos. viscount Ecntoii, and after- wards carl of Kellie 4,40 Ka»e\ 27, 2;t, 43, Hi2, 103; earl of, s.e Devereux, Uobert; Frances countess of 8; House 8 (2), 9 Estmond, nir. 75 Elhnip 28 Eton 88; College 3, 18,41,47, i.'.o", i>i,.u, 73; provost of, 43, 50, 62, 77 Euro, «ir Fras. 89; .Margaret, lady 89; Wm. lord 89 Everdon, co. Northampton 47 Exeter, earl of, «.< Cecil, Thos. Exton 31, 39 Eyr, Dorothy 25 sir Joha 25 Wm. 26 sir Wm. 25 Farington, IJerks. 17 Farnham 47 Fawley, cos. Bucks, and Oxford 53, 60, 63, 89, 95, 105, 111; Court .wii, 59, 62, 110 Felton, Nicholas, bp. of Bri.stol 60 Fenchurch 5 Fenton, visct. see Erskine, Thomas Fcrrars, of Tamworth 2S; sir John 23 Field, Dr. Richard 4}<, 51 Theophilus, bp. of Llandatf 104 Fiennes, Richd. lord Say and .Sele 22 Fillel's Court 94 Finch, sir Henry 101 Fingcst, Bucks. 3 Flamberds, Essex 17, 26, 2'.l Fleet Prison, the 9, 23, 31, 34, 38, 39, 40, 46, 83 Fleet Street 15, 17, 20, 25, 26. 32, 59, 83, 85, 100 Fleetwood, sir Wm. (53 Flint 84 (2), 88, 89, 94 (2); co. lo3 Foliot, sir Henry 76 Ford, mr. 62, 72, 74 Fox, sir Edwd. 92 Fryer. .Siinun 7; his motluT ihiil. Ciarret, >ir John i>>, 71 Uascoignc wines 5 12 1 INDKX. CJawily, justic'f it Goiilili!*, Allicriciis It C-ierartl, Philip '6'-i (ilaiiiorgan 54 Gloucester, bp. of, .<(t Thompson, Giles; Goodman, Godfrey Gloucester, dean of 48, 51, C'2; co. 15, 87, 102 Godwin, Fnis. lip. of Hereford 91 Godwyn, sir Fros. til! Goodman, Godfrey, li[i. of Gloucester 104 Goodyerc, sir Ilenry 9 Gostwick, lady 71 Gray's Inn 7, 22, 53, 58, 60, 64, 68 (2), 75, 100, 101 (2), 103 Greenwich 40 Grenoble 8 Grevill, sir Fulkc, afterwards lord Brooke 44, 71 Greyes 111 Griffin, John 21, 31 Grove, — 3 Groyne, the 11 Grub Street 13 Guildhall 64, 66 Guilford, Eliz. lady 49 Gunpowder Plot 9 Guiiston, widow 27 (twemenethc, co. Brecknock 30 Gwin, Riehd. 32 Gyles, sir Edwd. 43 Ilackwell, rur. 42 Ilam [?], Francis 20 llambleden 111 Hampden, Christopher 63 Hunts, CO 28 Harding, nurse 45 Ilarington, sir Henry 39; sir Jas. 31; sir John 17, 31; John Ist lord 17, 28,29, 30, 31,39; John 2nd lord 39, 46; lady 17, 28, 31, 40 Harrison, sir Uiehd. Ill Harvey, serjt. Fras, 85, 99, 100, 102, 108 Heath, Robt. 27, 46, 58. 59, 66, 67 (3), 68 (2), 69, 75; Sir Robt. lUl Hedgoly Bulstrode 15, 16, 18, 27, 31 Hedlye, mr. 68 Heidelberg 31 Helstone, Cornwall 41 Henneage, lady 49 Henry VII, 28 VIII. 28, 52 prince 31 Herbert, Philip, earl of Montgomery 40, 85 Wm. earl of Pembroke, (^ob, 1630) 40, 61, 85 (ob. 1569) 91 Hereford 16, 51; bp. of, see Godwin, Fras.; CO. 87, 102 Heron, Essex 18, 29 Herrick, sir Wm. 71 Hertford, co. 43, 102 Hethrington, John 31 Heys, Middlesex 50 Hicks, sir Baptist 71 Hindes, mr 75 Hitcham 47; sir Robt. Inl Hobart, Henry, king's attorney 33; sir Henry, chief justice of the Common Pleas 83, 100, 102, 105; sir Miles 111 Holbom 76 Holland, cousin 32; Hugh 4, 71 Hopkinson, — 13 Horton, co. Bucks 28, 45, 105 (2) Hoskins, mr. 73, 75; John 42, 43, 71 INDKX. rj5 Ilougliton, sir Robt. 95, 1)6, 1*7, 1"1 llowaril, C'liaw. eurl of Notlingliam, lord admiral 113; Henry, earl of Northampton, lord privy soul 35, 39, -10, 46, 47, 113; Tlios. earl of Arundel 85; Tlios. carl of SutTolk, 35, 37, 4(1, 113; Wni. lord (BclttMl Will) 52 Ilowson, Julin, lip. of Oxford 77 Iluchcnson, Kuipli 14 Hudson, nir. 74 Huntingdon, co. 100, 102 Hurley, 111 Hutton,8ir Richd. 100, In-J Hyde, NieholM 42, 43, 71, 105 Hynde, mr. 47 Inner Temple, the 15, 1S,31,53, S9, 100(2), 101 (3). 103 (2), 108 Ipswieh 43 Ireland 18, 26, 61, 76 (2) sir Thomas 68 Islip 62 James I. death of 103 Walter 29 JenkinsoD, mrs. 72 Jesus College, Cambridge 44 Joachimi, sir Albcrtus, ambassador from the Low Countries 75 (2) Jonef, Inigo 9 mr. of Cluar 32, 45 42, 75 sir Wm. 80, S3, 97, 99 (2), lOO. lul, 1(12, IdS (2) Jordan, sir Wm. 32 Kathcrine, first wife of Henry VHI. 17, 28 K el la way, — 54 Kellie, earl of, sec Kntkinc, Thomas Ke.,t 12. 43, 101, H-2 Kew 3j Key! way, Uobt. surveyor of the Court of Wards 17, 2S, 31 ; CecUio 31 Kiliigrew, sir Robt. 41 sir Wm. 71 King, John, D.D. HI; bLihopof London 26, 33,75 Kingesmill, — 54 King's Bench 9, 23, 30, 33, 51, 57, 59, 95 (2) King's College, Cambridge 3. 44, 5(i, 51 Kingston Bagpuze, co. Berks. 3 t Kingston-upon-Hull IdS Kitson, Wm. Ill Knif, — 27 Knight, mr. 72 Kniglitly, — 111 Knollys, Wm. lord 40, 45 Knowles, sir Fras. 27 Lake, Arthur, bishop of Bath and Wells 103 Lambeth 60 Lamson, — 7 Lancaster, co. 102; duehy of, chancellor of, jitf May, sir Humi)hrey; pramotary of 106, 107; sherilfof 1(17 Lane, Riclul, 71 Langley, sir John 4 Langly 28 Lason, Kdwd. 71 l.atten, mr. 30 Laud, Wm. dean of Gloucester, president of St. John's, archdeacon of Huntingdon, bp. of St. David's 51, 77, 90, Ui4 Lawnton 62 126 IN'DKX. Lcii, sir lloiiry 11> sir James 5G sir Uichd. 19 Rol.t. 72 Leaghton 111 Leo, John, treasurer of the Mi<lJle Temple 82; air Thos. 63 Leicester, co. justices of assise for 102 Leigh, sir Fras. 32, 45, 49 Lennox, duke of, see Stuart, Lodovick Leopolis, near Civita Vecchia 88 Lewknor, sir Richd. 87, 88, 91 Ley, James lord, afterwards earl of Marl- borough 97, 100,101,108 (2) Leydall, sir Richd. 90 Lichfield 3, 4 Liniytayr, nir. 44 Lincoln, bp. of, sec Mountaigne, Geo.; Neile, Richd.; Williams, John; church of 111; CO. 102 Lincoln's Inn 8, 18, 19, 42, 44, 53, 75, 100 (5), 101 Little Munden, Herts 7 St. Helen's 9 Littleton, sir Edwd. 89 (2), 90 Litton, mr. 72 LlandafT, bp. of, see Carleton, Geo.; l''icld, Theophilus Lobthorp 29 London 4, 5, 6, 7. 8, 12, 16, 32, 41, 45, 50, 53, 54, 61. 63, 70, 75, 77, 87, 88, 95, 96, 100 '^3), 101 (2), 103, 108,111; hp.of.see King, John; Mountaigne, Geo; the plague in 5, 105 Lovelace, sir Richd. To. '.id Low, sir Thos. 67 Low Countries, the '■'<-, 4 7 Lucye, sir Thos. 3<> Ludlow 85, 87, 88 (3), 89, 90, 92 (4), 94, 95 Lydall, mr. 45 Lyons, Richd. 54 Magdalen College, Oxford, 32, 61, 88 Manners, Roger, earl of Rutland 8 Manscl, sir Robt. 40, 113, 114, 117 (3) Marlborough, earl of, see Ley, Jas. Marliury, mr. sherilT of Chester 88 March, dr. Jas. Ill Margaret, wife of Henry VI. 27 Markham, sir John 52 Marshalsea, the 9 Martin, mr. 9; Richd. 2(', 32, 49, 63, 64 Mary, Queen, 52 Massiles 8 Maxwell, mr. 84 Maxye, dr. 29 May, Hugh, 26, 71 (2); sir Humphrey, chancellor of the Duchy of Lancaster, 20, 21, 26, 32, 45, 61, 63,70 (2); Thos 14; Richd. 21, 61 Maynard, lady 49; lady (wi<low) 49 Medmenham 111 Alerchant Taylors, school of 7, 12 Merton College, Oxford 43, 44, 47, 57, 59, 61,73, 77 Meux, CO. York 53 Middlesex 3 Middle Temple, the 14, 21, 28, 31. 35, 38, 42, 49, 50, 51, 52, 54, 61, 62. 63, 69, 72, 78, 82, 83, 85, 90 (2), 100 (3). 101 Monmouth, co. 87 justices of assise for 1<'2 Montagu, sir Edwd. 51; Henry, lord chief justice, lord Mandeville, and afterwards earl of Manchester 41, 51, 59, 60, S3, 90, 102; sir Edwd. (chief justice) 51 ; Richd., INDKX. 1: dean of Ilorefonl 51; sir Syilney 51; willow 45 ftfunt^oincry 84 (2), 88; earl of, see IlerljiTt, I'liilip Monljoy, Lord, xe Blount, Cliarlcs More. Kras. 33, 34, 35 (2); sir Fraa. 54, C.2, 71, 85; lady 72; Richd. 50,(50; sir Itlolul. 70, 73 Mostiii, tt4 (2); KHz. ill; sir Royer 94; Thos. 94 Mountaigno, Geo. bp. in succession of Lin- coln and London 44, (jO, 70, 71 Mulcaster, Riciid. 7, 12 Murray, — 57 Nash, Hierom 15 Naunton, sir Robt. 29, 54, 01 , G2 Nawortli 52 Ncile, Richd. hp. of Rochester l!»; of Durham 5!i, 73, ioii, 107 Neville, Christopher 43; dr. 44; Edniond, earl of Wostnierland 9; Kdwd.4(J; Edwd. lord Abergavenny 43, 4(3; sir Ilonry 32, 46; James 40; R;d|.|i, L-tt earl of West- nicrland 4»j Ncwall, dr. 7:^ Xewbiry, nir. 72 Newcastle 106, 107 Newgate 9 Newhall, Essex 10 New Inn 14 Newport, sir Fr.is. 88 Nieols, sir Augustin 52 Norfcdk 19, 43, 100, 105, 102 Norris, sir Edward, of Englelicbl 4; I'r.us. lord, aftcrwanis earl of Berk.sliire 27, 75; sir John 4, 27; mr. 73; \Vn>. 27 Norroy, sec St. (teorgc, Richd. Northern circuit, the 105, 106, I07 Northampton 22, 100; archdencun of ItJ; i-o. 47, 51, 102, 103; earl of, set Howard, Henry ; Compton, Wm. Northumberland 102, 1m!, K.T- ,.,rl ,.f ... Percy, Henry Nottingham, co. 102 Oakly, John 90; Richd. 21, 02, 7C, 9o,lll; Rowland 90 Okingham 1, 2, 3, 45 Overbury, sir Nicholas 15, 01, 71, 90 Owen, justice, hi.s wife 27; sir Roger 27, 34 Oxford 13, 14, 22, 48, 61, 62. 89, 103, 110; bp. of, see Ilowson, John; ChrLstchurch 4, 16, 20; Greek reader of 12; library at 46; Mag.lalen College 32, Gl, 88; .Merton College 43, 44, 47, 59, 01 ; Queen's Col- lege, provost of 50; .St. John's College 12, 15, 16, 21,49, 50, 51,61; co. 19, 21, 53, 54, 62, 100(2), 101, 102 Palmer, mr. 72, 74 Panton, co. Sussex 25 Pari.* 8 Parker, John 07 Parke.<, nir. 71 Parlant Park 29 Peachy, Wm. 54 Peck, cousin 45, 40 Pelham, la«ly 28 Pemliroke, earl of, see Herbert, Wm. Percy, ;;u;ipinvder conspirator 9; Henry, e.irl of Noitliumbcrland 9, 10,39 Perin, John 12 Perugia, university of 14 Pliilipps, sir Edwd. 23, ;;3, 13, 113 Pigot, Serjeant 27, 28, 53 12S INDKX. Pillinghoar (Billinglicar) 32, 4i) Pitt, sir Win. 71 Planer, — 3 Pool 89 (3), 1)5 Pope, Jolin 23; sir Thos. 21 , 23, 21 ; sir Wm. 21, 22,23, 30; Portugal 11, 61 Prague 8 Prcscot 3 alderman C4 Price, Joan 0, 16 ; George 6; Iluniphrcy 33; dr. Theodore 111 ; Thomas 6 Prowd, Lewis 19, 33, 44, 53, 60 Purbeck, Isle of 41 Pyc. Robt. 56, 71; sir Rol.t. 108 (2); sir Walter, 54, 70 (2\ 90 Pyrton 111 Queen's College, Cambridge 60 Radnor 54 Ramsden, mr. 88 RiitclifTe, Ralph 71 ; Robert, earl of Sussex 10 (2) Raynesford, mr. 75; sir Henry 75 Read, mr., his sister 54; Thos. 16,23,29, 70; sir Thos. 71 Reeves, sir Wm. 76 Requests, master of 54, 63 Richard, — 73 Richmond 26 Rivers, sir Geo. 71 Rives, mr, 73, 74; Wm. 70 Rochester, bp. of, see Buckridge, John; Neile, Richd.; viscount, see Carr, Robert Rolls, the master of, «t;t CiEsar, John; Philipps, Edwd. Rome 8 Uoper, John, l..r.l Toynham 27, 20, 46, 57, 58 Rostock 8 Rudyerd, sir Benjn. 61, 71, 85 Rushton 28 Russell, Lucy, countess of Bedford 3'.», 40, 71(2) Wm. earl of Bedford 18 Ruthin 89 Rutland, earl of, see Manners, Roger Ruvens, Ralph 12 Sackville, sir Edwd. 71 St. David's, bp. of, ^ci Laud, Wm. St. Dunstan's 72 church 15, 17, 20, 25, 26 St. Dunstan's in the East, parish of 5, G West 20 St. Giles', London 16, 26 St. John's College, Oxford 12, 15, 16, 21, 49, 50,51, 61,73,76, 90 (2) St. George, Richard, Norroy 35 Henry, Bluemantle 34 St. Margaret's Church 104 St. Martin 's-le-grand 53, 60, 69 (2) St. Pancras, parish of 110 St. Paul's Church 64 Salisbury 11; bp. of, see Tounson, Robt.; Davenant, John; carl of, see Cecill, Robt. Sams, sir John 71 Sandys, Edwin, archbishop of York 7; sir Edwin 42, 43; Miles 7; his wiilow 7; sir Saml. 42 Savill, sir Henry 18, 29, 43, 47, 57, 59, 61, 77; sir John 43; Thos. 61 Say and Sele, lord, see Fiennes, Richd. Scott, Richd. 25 Searchfield, Rowland, afterwards bp. of Bristol 13, 76 INDEX. \2i) Scarl, Ann 2/5 John 18, 25 Serjeants-at-law, fee to the king on being made 44 Serjeants' Inn 5!*, 83, Mf), 100 Sharp, dr. 43 Sheepwashe, nir. 73 Shrewsbury 21 Shropshire 87, 88, 90, 100, 102, 103 Shute, mr. 58, 5'J, 64, 65, 66, 60 Shuttleworth, sir Richd. 87, 91 Siraonson, nir. 44 Skydniore, rnrs. 27 Snialewood, — 72 Smith, dr. 44 Smithe, Edwd. 73 Snigg, sir Geo. 54 Some, dr. — 111 Somerset, co. 102; carl of, see Carr, Robt.; Edwd. carl of Worcester, Lord Privy Seal 37, 49, 75, 85 Somerton 24 Sonning 1, 2, 4, 28, 50 Soper Lane 110 Sotherton, baron 72 Southampton 18; co. 102 South Fleet, Kent 26 Spalato, arehbp. of, .<ee Dominis, dc, Marc- Antonio Spencer, sir Thos. 19, 41 ; sir Wni. 1',' Spruceland 102 Spur royal 106, 107 Stafford 47, 70, 102, 103 Stanley, "\Vm. carl of Derby 106, 107 (2) Star chamber, the 9, 23, 37, 99 Staunton I.acy, near Ludlow 94 Staverton, mr. 32 Stephens, Thos. 31, 32 CAJ[D. ,'^OC. Stovcnton, co. Berks. 62 Stirrell, Henry 69, 70 Stoke Pogis 47, 48, 49, 60 Stonor, sir Fraa. 62 sir Henry 62, 71 Stuart, Lodovick, duke of Lennox 55 Sturly, mr. 74 Suffolk 43, 102 Suffolk, earl of, see Howard, Thomas Surrey 39, 43, 100 (2), 101, 102 Sussex 102 Sutton's Ho.Hpital 53 Sydney, sir Philip 8, 44 Symons, — , of Pyrton 1 1 1 Tamworth 28 TanfeildjSir Lawrence, chief baron l<i'i, lU2, 113 Tanfield, Robt. 71 Tayler, Jos. 94 Temple, the 9, 76 Teynliam, lord, see Roper, John Thames Street 5 Theobalds 84 Thompson, Giles, bp. of Gloucester 26, 29 Thorn 28 Thornborough, John, bp. of Worcester 91 Tliorp, mr. 72 Throckmorton, sir John 87 Tirrell, Eliz, lady IS, 29, 32, 62; sir John 18, 29, 62 Titchbom, mr. 75; sir Rieh.l. 71 ; sir Waller 75 Titchtield 105 Tothill fields 74 Touchet, Geo. lord Audley 24 Toun.son, Robt. lUyin of Wi-stminslcr, after- wards bp. of Salisbury 74 (2), 75 0-) S i:^() INDKX. Tower, the D, 42, 43, !'>-2 Towiiosciul, sir Ilcnry, chief justice of Chester 85, SH, 90; sir John 71 Townson, dr. GO Traey, sir Thos. 41 Trcdway, Riehd. 18 Tresham, sir Lewis 28 Trevor, sir Thos. solicitor to prince Cliarlos 103 Trinity College, Cambridge 44 Trist, Thos. 70 Turner, Kdward 71 Twickenham 18 Twisden, sir AVni. 71 Tyrrell, sir John 71 Unite, the 59 Unton, sir Alex. 17, 28,31; Cecill 28; sir Edwd. 17, 28; Eliz. 28; sir Henry 28 Upton church, co. Bucks. 28 Uvedale, sir Wm. 70 Vaux, Riehd. 45, 49 Vavasor, sir Thos. 63, 69 Venice 48 Vere, sir Francis 10, 11 Vernon, Geo. 108; sir Robt. 71 Villiers, Geo. duke of Buckingham 54, 55, 56, 67, 58, 59, 64, 65, 66, 67, 69 (2), 76, 78, 84, 85, 95 (2), 96 Wales, 53, 87; President of, see Compton, Wm. earl of Northampton Waller, Eliz. 18 Wallop, sir Henry 28 Wallrond, Jas. 23 Walter, sir John 23, 31. 32, 33. 54, 68 (3), 71. H>3 Wanstead, Essex 43 Warburton, justice 62; sir Peter 97 Ward, mr. 75 Rowly 71 Wargrave 111 Warwick 90; co. 44, 49, 102 Warr, Wm. Ill (2) Way ties, mr. 89 Weaver, mr. 44 Webb, dr. Ill; Roger 13 Weekes, Aquila 73 Wells 3, 4, 50 Went worth, Thos. 42, 43 Westminster 32, 40, 69 (2), 70, 76, 101; Abbey 33, 103; College 19, 33, 53, 96; dean of 44, 60, 62; dean and chapter of 60, 69; Hall 80 (2), 104; Palace of 59 Westmcrland 102; sheriff of 106,107; earls Edmond and Ralph, of, see Neville Wharton's Anglia Sacra ii Whiston 53 Whitchurch, Oxon 2, 88 (,2) White, — 111 Whitehall 37,38, 39, 40, 41, 113 Whitelocke, — , wife of John Whitelock 3 ; Bulstrode, son of sir James 15, 76, 111; Cecill, daughter of sir James 17; Dorotliy, daughter of sir James 20, 26; Edmund, capt. brother of sir James iv, 5, 7, 8, 9, 10, 16; Eliz. daughter of sir James 15,25, 94; wife of sir James 15, 29, 38, 49, 50, 69, 92, 94, 110; sir James 5, 10, 12, and passim ; James, grandson of sir James 110; James, son of sir James 26; James, son of Riehd. brother of sir James 88; Jerome, uncle of sir James 4; Joan 5; Joan, daughter of Sir James 18, 19; John 32, 72; John, cousin of sir James 4; John, INDEX. 131 father of Williaiu, who was cousin of .sir James 2, 3; John, husband of Agnes dc la Deehe 2; Mary, daughter of Sir James 16, 25; Richard, brother of Sir James v. 5, 11, 32, 72,88, 102; Richd. cousin of sir James 72; Richard, fatlier of sir James ii. 1, 4; Richard, grandfather of sir James 1, 3; Thos.32(2); William, brother of sir James v. 5, 11, 32, 45; William, cousin of sir James 1, 2,3; William, great-grand- father of sir James, 3; William, son of Jerome 4; William, uncle of Sir James ii. 3 Whitney, co. Hereford 3f>; Eustace 30; sir Robert 30 Whitton, mr. 70 Wilkinson, dr. principal of Magdalen Hall, Oxford 88 Williams, sir David 19, 22, 23, 30, 77; sir Henry 30; John, lord of Thame 30; John, dean of Westminster, bp. of Lincoln, lord keeper 60 (2), 89, 96 (4), 97 (3), 99, 110, 111 ; sir Richd. alias Cromwell 30 AV'illis. Eras. 12, 14 Wilson, sir Thomas 71 (2) Wilts, CO. 25, 100, 101, 102 Winch, sir Humphrey, judge of the Common Pleas 76, 100, 102 Winchester 10, 11 bp. of, see Bilson, Thos. Windebank, Eras. 71 (2), 111 Windsorl6,18, 26,28. 47, 48, 51, 75; Andr. 25, 71; canons of 111; Castle 48; dean and canons of 29, 94 Winwood, sir Ralph 32, 39, 47, 48, 49, 56, 61 Wiseman, mr. 62 M'itiu'V, CO. Oxfonl 21 Wittenburg 8 Wolsey, card. 17, 24 Wolstenholme, sir John 71, 72 Wood, mr. 1 4 Woodcock, alderman 7 Wood Eton, CO. Oxford 28 Woodford, Robert 4 Woodhouse, sir Wm. 62 Woodstock 16, 19, 40, 89 Woodwicks, Herts. 4 Worcester 103; bp, of, see Thornborough, John; earl of, see Somerset, Edwd.; co. 87, 101,102 Worms, Germany 31 Wormleighton, mr. 72 Wotton, Edwd. lord 40 Wrexham 89 Wright, Geo. 12; Robt. bp. of Bristol 104, 111; Tho.s. 12 Wrighte, Dorothy, lady, 20, 26; dr. 50; parson 47; sir Geo. 45, 71 ; sir Robert, 20, 26 Wroxton, co. Oxford 21 Wycombe, co. Bucks. 62, 84 Wynwood, Jas. 47 Wyot 28 Yarnton, Oxfordshire 19 Yelverton. sir Christopher 22, 28, 30, 53, 77; sir Henry, king's attorney 53, 54, 55 (2), 57, 59, 73, 75, 103; old lady 28 York 100; CO. 43, 53, 102, 107 (2); sheriff of 107 (2); herald, see Brooke, Ralph; House 62, 84 ; mayor of 106, 107 (3) Zouche, sir Edwd. 32, 63, G9, 71; Edwd. lord 91 WliSTMI.NSTliU : J. li. NICHOLS AM) SONS, PRINTKRS, 25, PARLIAMENT STREET. THE CAMDEN 8 JiUi SOCIETY, FOR THE PUBLICATION OF EARLY HISTORICAL AND LITERARY REMAINS. Ar a General Meeting of the Camden Society held at No. 25, Parliament Street, Westminster, on Monday, the 3rd day of May, 1S5S, John Bruce, Esq., thk Director, ix the Chair, The Director having opened the business of the Meeting, The Secretary read the Report of the Council agreed upon at their meeting of the 21st of April, whereupon it was Resolved, That the Report be received and adopted, and tiuit the Thanks of the Society be given to the Director and Council for their services. Thanks were then voted to the Local Secretaries and to the Editors of the Publications for the past year. Then it was Moved, Seconded, and Resolved Unanimously, That This Meeting desires to exprc-ss its strong sense of the loss which the Camden Society has sustained in the Death of its President, the late Right Hun. The Lord Bkayurookk. The interest which for many years he took in the welfare of the Society, his application of his own literary talent to its service in the Editorship cf the Autobiography of Sir John Bramston, and his conduct as President, both in the Council and at the general meetings — always able and impartial — deservedly placed him high in the estimation of the Society, and rendered his decease a subject of universal rccrret. 2 ANMVERSAIIY MEETING OF IHoJ. The Society oticrs to the family of their late President a sincere expres- sion of their condolence and sympathy on this melancholy occasion, and with tliat view directs that a copy of these Resolulions be respectfully transmitted to the Right Hon. The present Lord. The Secretary then read the Report of the Auditors, agreed upon at their Meeting of the 2 1st of April, whereupon it was Resolved, That the Report of the Auditors be received and adopted, and that the Thanks of the Meeting be given to the Auditors for their trouble. Thanks having been voted to the Treasurer and Secretary, the Meeting proceeded to the Election of Officers, when The Earl Jermyn, M.P., F.S.A. was elected President of the Society ; and William Henry Blaauw, Esq. M.A., F.S.A. John Buuce, Esq. V.P.S.A. [Director] John Pay'ne Collier, Esq. F.S.A. ^Treasurer] William Durrant Cooper, Esq. F.S.A. Bolton Cornev, Esq. M.R.S.L. James Crosby, Esq. F.S.A. John Forster, Esq. Edward Foss, Esq. F.S.A. Thomas W. King, Esq. F.S.A., York Herald, The Rev. Lambert B. Larking, M.A. Peter Levesque, Esq. F.S.A. Sir Frederick Madden, K.H., F.R.S. Frederic Ouvry, Esq. Treas. S.A. William John Thoms, Esq. F.S.A. [Secretary] and William Tite, Esq. M.P., F.R.S., F S.A. were elected as the Council of the Society ; and George R. Corner, Esq. F.S.A. Robert Porrett, Esq. F.S.A., and William Salt, Esq. F.S.A. were elected Auditors of the Society ; for tlic year then next ensuing. Thanks were then voted to the Director for his able conduct in the Chair, and the great interest always taken by him in the welfare of the Societv. REPORT OF THE COUNCIL OF THE CAMDEN SOCIETY, ELECTED 2nd MAY, 1857. It is with feelings of deep regret that the Council have to record, as one of the events of the past year, the death of the Right Hon. the Lord BiiAvnuooKE, the second President of this Society. Among his contri- butions to literature Pepys's Diary, the History of Audley End, the Letters of the Cornwallis Family , and the Autobiography of Sir James Bramston, are works which occupy an important position in historical and topo- graphical literature. This Society is not merely indebted to him for the editorship of the last named of these works. Before he was elected President of the Society he took an active part in the Council, and after his election was a frequent attendant at their meetings. Failing health ultimately prevented his doing so except at long intervals, but in his communications with the Council he ever evinced a due sense of the importance of this Society, and exhibited the most anxious desire to promote its welfare. The Society will no doubt express in the strongest manner their regret on this melancholy occasion, and their sympathy and condolence with the family of their late President. The Council refer with satisfaction to the Report of the Auditors for proof of the continued prosperity of the Society. It will be seen that, during the past year, the funded projjcrty invested in the names of the Trustees has been increased from i^y74 K'ts. ^d. to £]01G :is. \d. The Council have appointed The Reverend John Hksly, D.C.L. of Long Benton, Local Secretary for Newcastle-upon-Tyne and its neigh- bourhood. In addition to the President of the Society, the Couiu^il have to regret the deaths during the past year of the following Members : — W. WixGFiELD Baker, Esq. Charles Bellamy, Esq., D.C.L. RoHEltT BlCKEUSTl/ni, Esq. 4 REPORT OF THE COUNCIL, 1858. The Rev. Philip Bliss, D.C.L. F.S.A. The Right Hon. John Wilson Croker, LL.D. F.R.S. John Disney, Esq., F.S.A. The Earl Fitzwilliam. The Lord Handyside. John Kenyon, Esq. G. W. Newell, Esq. Rev. Richard Parkinson, B.D. F.S.A. Charles E. Rumbold, Esq. Rev. Walter Sxeyd, M.A. To them must be added the name of a nobleman to whom the Camden Society, in common with other institutions for the promotion of English Literature, was under many obligations. To his Grace the late Duke of Devonshire this Society was indebted for its second publication, Bishop Bale's Play of King Johan, and shortly before his death the Duke placed in the hands of Mr. Collier a volume of the Letters of Thomas Savile Lord Halifax, and his brother, with a view to such a publication from them as should be deemed right by the Council. The Books issued since the last General Meeting have been : — 1. Journal of the Very Rev. Rowland Davies, LL.D., Dean of Ross, and after- wards Dean of Cork, from March 8, 1689, to Sept. 29, 1690. Edited by Richard Caulfield, B.A. A volume which has many claims on the attention both of the local and general historian. 2. The Domesday of St. Paul's ; a Description of the iNLinors belonging to the Church of St. Paul's in London in the year 1222. Edited by the Ven. William Hale, ^LA., Archdeacon of London. A most important work, of especial interest to the London Topographer, and of great value with reference to our early ecclesiastical and social history. The labours of the Editor, the Venerable A kciideacon Hale, to the extent and success of which the Council bear wiUing testimony, have set forth this work to the best advantage. Its great value has been already made apparent in the History of Latin Christianity by the Dean of St. Paul's, and it cannot be doubted that, to the honour of the Editor and the Society, it will take rank, on equal terms, both on the score of historical importance and careful Editorship, with the most valuable pub- lications of its class. REPORT OF THE COUNCIL, 1858. 5 During the past year the Council have added the following works to the list of suggested publications : — The Liber Famelicus of liulstrode Wliilelock. To be edited by John Bkuce, Esq VP.S.A. Narratives of the Days of the Kefonnation, chiefly selected from the Papers of John Foxe the Martyrologist. To be edited by .John (Jougii Nichols, Esq. E.S.A. The Journals of Richard Symonds, an Officer in the Royal Army temp Charles I. To be edited by Charles E. Long, Esq. M.A. Letters of George Lord Carew, afterwards Earl of Totnes, to Sir Thomas Roe. To be edited by John ]\L\clean, Esq. E.S.A. In addition to these more extensive works the Council have accepted several contributions towards a new volume of The Camden Miscel- lany. In closing their Report the Council beg to congratulate the Society on the important steps now taking by the Master of the Rolls (with the sanction of the Government) for the promotion of English Historical Lite- rature, by the publication of Calendars of our State Papers and editions of our Early Chronicles. When this Society was instituted, all publication of historical materials at the expense of Government had been suspended. Nor was there any other channel open by which such valuable books as the Domesday of St. Paul's, and many others of this Society's works, could be made known. If the labours of this Society — imperfect substi- tute as they may have been — have partially supplied the void, or led the way to a state of things more creditable to us as a peoj)le conscious of the benefit of sound historical literature, the fact is one of which the Society may feel proud. Whilst those publications are in progress some portion of the original design of the Society will probably fall into partial abeyance. Such books as the Chronicles of Joscelin dc Brakcloiul, Ris- hanger, and Peterborough, with the others before mentioned, will now find other channels of publication. But this is not a circumstance which will be in any degree detrimental to the Society. On the contrary, the limita- tion of our operations to Documents, Letters, Diaries, Poems, and other works not contemplated by the Master of the Rolls, will probably tend to advance the interest and popularity of the Society's publications, and will justify the Council in printing historical illustrations of a more recent date. By direction of the Council, John Brice, Director. Wii,MAM J. TiioMs, Secretary. REPORT OF THE AUDITORS, Dated April 21st, 1858. We, the Auditors appointed to audit the Accounts of the Camden Society, report to the Society, that the Treasurer has exhibited to us an account of the Receipts and Expenditure from the 1st of April, 1857, to the 31st of March, 1858, and that we have examined the said accounts, with the vouchers relating thereto, and find the same to be correct and satisfactory. And we further report, that the following is an Abstract of the Receipts and Expenditure during the period we have mentioned. Receipts. £. s. d. Balance of last year's account .. .. 174 4 4 Received on account of Members whose Subscriptions were in ar- rear at the last Audit 115 The like on account of Subscrip- tions due 1st May last (18.57) .. 342 The like on account of Subscriptions due 1st May next 1/0 By compositions received from five Members 50 One year's dividendon £^974 \Gs.3d. 3 per Cent. Consols, standing in tlie names of the Trustees of the Society, deducting Income Tax. , 28 7 9 £^726 12 1 Expenditure. By Purchase of Stock (£41 Gs. \0d.) Paid for printing and paper 750 copies of "Trevelyan P.i])ers, Vol. I." The like of 750 co[)ies of " Diary of Dean Davies ". . . . Paid for binding tiOO copies of " Knights Hospitallers " The like of GOO copies of " Trevelyan Papers " The like of 600 copies of " Davies's Diary " Paid for " Index to Domesday of St. Paul's " Paid for delivery and transmission of 600 copies of "Davies's Diary," with j)aper for wrappers, &c Paid for Advertisements Expenses connected with the transfer of Stock to New Trustees on the retirement of Sir Henry Ellis One year's payment for keeping Accounts and General Correspondence of the Society Paid for Miscellaneous Printing Paid for postage, carriage of parcels, and other petty cash expenses Balance by one Composition £10 bv Cash 292 3 10 £. s. d. 40 105 17 6 103 14 9 25 4 21 12 21 12 16 IG 8 10 3 2 15 G 6 G 9 52 10 11 5 6 4 6 - 302 3 10 i:726 12 1 And we, the Auditors, further state, that the Treasurer has reported to us, that over and above the present balance of £302 Ss. lOd. there are outstanding various sub- scriptions of Foreign Members, of Members resident at a distance from London, &c. which the Treasurer sees no reason to doubt will shortly be received. Robert Porkett, ) . .. Auditors. Geo. K. Corner, ) 2\st April, 18.38. AVORKS or THE CAMDExV SOCIETY. 1 2 3 4 5, G, 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. Fur the Subscription o/" 1838 -9. Restoration of Kiiifr Kchvard \\. Kyng^ .Johan, by Hisliop Bale. Deposition of Richard II. IMunipton Correspondence. Anecdotes and Traditions. For 1839. Political Songs. Hayward's Annals of Elizabeth. Ecclesiastical Documents. Norden's Description of Essex, Warkworth's Chronicle. Kemp's Nine Dales Wonder. For 1840. The Egerton Papers. Chronica Jocelini de Brakelonda. Irish Narratives, 1641 and 1690. Rishanger's Chronicle. For 1841. Poenas of Walter Mapcs. Travels of Nicander Nucius. Three Metrical Romances. Diary of Dr. John Dee. For 1842. Apology for the Lollards. Rutland Papers. Diary of Bishop Cartwright. Letters of Eminent Literary Men. Proceedings against Alice Kyteler. For 1843. Promptorium Parvulorum : Tom. I. Suppression of the Monasteries. Leycester Correspondence. For 1844. French Chronicle of London. Polydore Vergil. The Thornton Romances. Verney's Notes of Long Parliament. For 1845. Autobiography of Sir J. Bram?ton. Correspondence of Duke of Perth. Liber de Antiquis Legibus. The Chronicle of Calais. 3G 37 38 39 40, 41, 42, 43 44 45 46. 47, 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. For 1846. . Polydore Vergil's History, Vol. I. . Italian Relation of England. . Church of Middlfham. . The Camden Miscellany, Vol. 1. For 1847. . Life of Lord Grey of Wilton. . Diary of Walter Vonge, Esq. . Diary of Henry Macliyn. For 1848. Visitation of Huntingdonshire. Obituary of Richard Smyth. Twysden on Government of England. For 1849. Letters of Elizabeth and James VI. Chronicon Petroburgense. Queen Jane and Queen Marv. For 1850. Bury Wills and Inventories. Mapes de Nugis Curialium. Pilgrimage of Sir R. Guylford. For 1851. Secret Services of C has. 11.^ Jas. II. Chronicle of Grey Friars of London. Promptorium Parvulorum, Tom. II. For 1852. The Camden Miscellany, \'ol. II. Verney Papers to 1 639' The Ancren Riwle. For 1853. Letters of Lady B. Harlev. Roll of Bishop" Swintiuld.' Vol. L For 1854. Grants, he. of Edward the Fifth. The Camden Miscellanv, Vol. III. Roll of Bishop Swinfield. Vol. IJ. For 1855. Charles I. in 1646. English Chronicle 1377 to 1 461, Knights Hospitallers. WORKS OF THE SOCIETY. For 1856. G6. Diary of John Rous, Incumbent of Santon Downham, Suffolk, from 1(325 to 1642. Edited by Mrs. Everett Gkeen. 67. The Trcvelyan Papers. Part I. Edited by J. P. Colli eh, Esq. F.S.A. 68. Journal of the Very Rev. Rowland Davies, LL.D., Dean of Ross, from INIaroh 8, 1689, to Sept. 29, 1690. Edited by Richard Caulfield, B.A. For 1857-8. 69. The Domesday of St. Paul's; a Description of the Manors belonging to the Church of St. Paul's in London in the year 1222. Edited by the Ven. William Hale, M.A., Archdeacon of London. 70. The Libor Famelicus of Sir James Whitelocke. Edited by John Bruce, Esq. V.P.S.A. For 1858-9. 71. Narratives of the days of the Reformation, and the contemporary Biographies of Archbishop Cranmer: selected from the Papers of John Foxe the Martyrologist. Edited by John Gough Nichols, Esq. F.S.A. (Nearly ready.) Works in Progress. The Romance of Blonde of Oxford and Jehan of Dammartin. Edited by Thomas Wright, Esq., M.A., F.S.A. (Nearly ready.) Surrcnden Papers. From the Originals in the possession of Sir Edward Dering, Bart. Edited by the Rev. Lambert B. Larking, M.A. {In the Press.) The Journals of Richard Symonds, an officer in the Royal Army, temp. Charles I. Edited by Charles Edward Long, Esq. M.A. {In the Press.) Letters of Thomas Savile, Lord Halifax, and his Brother. From a MS. in the possession of His Grace the Duke of Devonshire and from H.M. State Paper Office. Edited by Wm Durrant Cooper, Esq. F.S.A. Letters of George Lord Carew, afterwards Earl of Totnes, to Sir Thomas Roe. Edited by John Maclean, Esq. F.S.A. The following have recently been added to the List of Suggested Publications : — I. A Selection from the Case- Book of Sir Theodore Mayerne, illustrative of the Personal Charac- teristics, Habits, Peculiarities, &c. of almost all the Historical Celebrities of the reign of James I. and Charles I. To be edited, with translations where required, by Vincent Stkumserg, Esq. II. Privy Purse Expenses of King William III. To be edited by J. Y. Akerman, Esq. Sec. S.A. III. An historical Narrative of the two llowses of Parliament, and either of them, their Com- mittees and Agents', violent Proceedings against Sir Roger Twysden. From the original in the possession of the Rev. Lambert B. Larking. IV. Narrative of the Services of M. Dumont Bostaquet in Ireland. To be edited by the Rev. James Hentuorn Todd, D.D. V. The Correspondence of Sir Robert Cotton, from the Cottonian MS. Julius C. hi. To be edited by the Rev. Joseph Stevenso.n, M.A. VI. The Household Book of William Lord Howard, " Belted Will.'" To be edited by Jami:s Crosby, Esq., F.S.A. VII. A Diary of Mr. Henry Townsend, of Elralcy Court, co. Worcester, for the years 1040 — 42, 1656 — 61, from the original MS. in the possession of Sir T. Phillipps, Bart. To be edited by Mrs. Everett Gree.v. The subscription of One Pound is due in advance on the \st of May in every year. No Books are delivered until the Stibscription for the Year has been paid. 25, Parliament Street, Westminster, W. J. Thoms, Secretary. 5 May, 1858. UNIVERSITY OF ( ALIFOKMA l.lliKARV Los Angeles This book is DUE on the last date stamped below. JUN 1 i I9'f2 JUN 1 9 1972 Form L9-Serics 4039 -^ /" UC SOuTHfR', REGlOKAi ! IfiRAWr (trr irv AA 000 825 560