called in question, when points of disloyalty or of contempt are restrained.

Nay we see it is the grace and favour of the King and his courts, that if the case be tender and a wise lawyer in modesty and discretion refuseth to be of counsel, (for you have lawyers sometimes too nice as well as too bold,) they are then ruled and assigned to be of counsel. For certainly counsel is the blind man's guide; and sorry I am with all my heart, that in this case the blind did lead the blind.

For the offence for which Mr. Whitelocke is charged, I hold it great, and to have, as I said at first, two parts; the one a censure, (and in as much as in him is,) a circling, nay a clipping, of the King's prerogative in general: the other a slander and depravation of the King's power and honour in this commis

sion.

And for the first of these, I consider it again in three degrees. First, that he presumed to censure the King's prerogative at all. Secondly, that he runneth into the generality of it more than was pertinent to the present question. And lastly, that he hath erroneously and falsely and dangerously given opinion in derogation of it.

First, I make a great difference between the King's grants and ordinary commissions of justice, and the King's high commissions of regiment, or mixed with causes of state.

For the former, there is no doubt but they may be freely questioned and disputed, and any defect in matter or form stood upon, though the King be many times the adverse party.

But for the latter sort, they are rather to be dealt with (if at all) by a modest and humble intimation or remonstrance to his Majesty and his council, than by bravery of dispute or peremptory opposition.

Of this kind is that properly to be understood which is said in Bracton, De cartis et factis regiis non debent aut possunt justitiarii aut privatæ personæ disputare, sed tutius est ut expectetur sententia regis.

And the King's courts themselves have been exceeding tender and sparing in it; so that there is in all our law not three cases of it. And in that very case of 42 Ed. 3. Ass. pl. s. which Mr. Whitelocke vouched, where as it was a commission to arrest a man and to carry him to prison and to seize his goods without

any form of justice or examination preceding, and that the judges saw it was obtained by surreption, yet the judges said they would keep it by them, and shew it to the King's council.

But Mr. Whitelocke did not advise his client to acquaint the King's council with it, but peremptorily giveth opinion that it is void. Nay, not so much as a clause or passage of modesty, as that he submits his opinion to censure, that it is too great a matter for him to deal with, or this is my opinion, which is nothing, etc. But bluntly, illotis manibus, he takes it into his hands, and pronounceth of it, as a man would scarcely do of a warrant of a justice of peace, and speaks like a dictator, that this is law, and this is against law, etc.

This is all that remains: but I do not think it is the whole. The last words come down to the end of the sheet, and a line which had been drawn across the page is crossed out. I suspect that the draught was continued on another sheet, which has been lost. Of the three degrees of the offence which he promises to treat of, he has not yet done with the first. Sir Julius Cæsar's notes give some indication of what followed, but do little to supply it. They conclude thus.

"To measure the power and dimensions of the Crown, weh Whitelocke hath done, a great presumption.

To speak of these things in general is inconsiderate rashness and incapacity.

Thus far Mr Solicitor."

The loss of the separate book in which Whitelocke had set down a full account of this business, is to be regretted for that part of the story which he trusted to the Liber famelicus leaves us without any means of judging whether or not he had transgressed the just limits of free speech as they were understood in those times. Even in these days there are words which are actionable—not at all the less because the speaker believes them to be true. And it is possible to conceive a state of opinion in which damage to the authority of government was held to be as grave an offence as damage

to the property of a tradesman. Certainly Whitelocke's submission was complete enough involving a full and unreserved admission that he had done wrong and would not do so again. And though a submission which is the condition of release from custody may be to a certain extent treated as a formality, and does not necessarily imply a change of opinion, yet it must be remembered that Whitelocke submitted before sentence had been passed. In the presence of Coke and Tanfield, who were summoned to the hearing as assessors, I should have thought him an unlikely man to abandon his defence if he could find good footing for it in the common law. The lost book contained among other things his own account of his submission,-" with note which was his own and which was Sir Francis Bacon's addition:" a distinction which might perhaps have given us some light as to the real state of his private opinion: though I do not myself see by what omission the effect of the declaration could be materially altered.

A TWELVEMONTн had now passed since the Council was set to work in earnest to find means of raising the income of the Crown, without help from Parliament, to an equality with its expenditure: a thing which the author of the dialogue on the Great Contract (supposed to be Sir Julius Cæsar) had represented as practicable. It is now time to enquire what success they had had; for upon the issue of the experiment the policy of the coming years would mainly depend. And the answer shall be given by Sir Julius Cæsar himself. A draft in his own hand of a report upon the proceedings of the Commissioners, gives so full and clear and yet so concise an account of the whole case that I shall give it entire.

MEMORIAL OF THE LORDS COMMISSIONERS THEIR EMPLOYMENTS FOR BETTERING THE KING'S REVENUE. 1 JUNE 1613.2

In June last, presently after the death of the Lord Treasurer Salisbury, the Chancellor of the Exchequer acquainted his sacred Majesty with the estate of his revenue and receipt: which was that his yearly ordinary expenses exceeded his yearly ordinary revenues by 160,000l. or thereabouts; and that his present debt was 500,000l. or near thereabouts.

That between that Midsummer and Michaelmas following there was necessarily to be provided for the maintenance of the ordinary expenses— 60,000%.

No way else presently left for to do it but the sale of the mills, parsonages, and other lands left out of the entail or annexation.

That the same was to be done forthwith.

Which done, yet the debt remained 500,000l. and would increase by

"And now I trust you are satisfied that the King is not in such extreme need of the Commons' help to relieve his present wants, but that he can by his own means, and without taking any desperate course, relieve himself." Parl. Deb. 1610, App., p. 170.

2 Lansd. MSS. 165 fo. 223. This is the docket of the paper, in Sir J. C.'s hand.

the quarterly inequality of the ordinary, besides the extraordinary: which would lead to a plain ruin if it were not prevented.

4 ways shewed to prevent it.

1. Spending less.

2. Improvement of the present revenue.

3. New means of gain by projects, etc.

4. Parliament.

The 1st in his own power.

The 2nd by converting some remote forests, parks, chases, wastes, and commons to the best profit.

The 3rd dangerous before Parliament.

The 4th very uncertain.

All which was showed to his M. by the said Chancellor in writing, and concluded with the same words, which is yet forthcoming to be seen.

Presently upon this his M. called unto him the Lords of his Privy Counsel, and signified the premises unto them in the presence of the late Prince, expressing his pleasure unto the Lords that howsoever the consideration thereof did specially appertain to the Lords Commissioners for the Treasury, yet the redress of these wants concerned them also, and he expected from them all their best furtherance therein, as often as the Commissioners should require the same.

And then in the Lords' presence his M. spake to the Prince to take an hearing amongst the Lords of the Chancellor's declaration of all the particular heads of the Revenue and expenses, and try how he could justify that state of expenses and debts which he had presented unto his M.

Whereupon the late Prince appointed a day for it, and then came and sate with the Lords at Whitehall, and heard the Chancellor at large touching the said expenses, revenue, and debts, according to his M. pleasure and commandment.

After which the King was pleased to command the Lord Chancellor and the Lords Commissioners to enter into a due examination of the said estate, and to advise wherein his M. might abridge his expenses, or improve his revenue, or increase the same by new projects, and to acquaint him with their proceedings at his return from his progress.

In July the said Lords met perpetually together with the greatest assiduity and diligence that ever was observed in men of their places : who (after the sale of some small part of the aforesaid lands for the provision of 20,000l., and despatch both of commissions and instructions to all parts of the land for the Lady Elizabeth's Aid, and sending letters and directions for the advancing of the loans) did wholly intend the business of bettering the King's revenue.

Of which labours the effect was, that the King with time in some natures might abate his expenses by yearly 59,000l. and in some natures improve his revenue by yearly 85,700l. and by new projects to add to the present revenue an yearly increase of [dash in MS.].

And because therein they would omit nothing that either the wisdom of counsellors to so great a King, or the care of honest servants to so gracious