Yet his language is naturally apt, and he has a keen appreciation of the value of the personal in narrative. Thus he hastily summarises an important but tedious portion of the proceedings against Strafford after this fashion: "A Bill was brought into the House of Commons to attaint the earl of high treason; upon debate whereof they noted him guilty of high treason.' Yet he can spare time and space for a genuinely picturesque passage like this:"The Earl was brought to the bar by the lieutenant of the Tower; his habit black, wearing his George in a gold chain; his countenance nearly black, his person proper, but a little stooping with his distemper or habit of body; his behaviour exceedingly graceful, and his speech full of weight, reason, and pleasingness.” Only Whitelocke's speeches and records of conversations smell of the closet lamp. Yet, granted that he was able in the subsequent writing of his orations to heighten their polish, it is evident that he was an effective speaker. Though the best service he rendered to the public was the passing of a measure "for putting all the books of law and proceedings in the Courts of Justice into the English tongue," he did not disdain the rhetorical device of quotation, and his speeches are much more thickly studded with Latin phrases than with appeals to passion. The conversations which he commits to paper are stilted and formal. To sum up, the motto on the title-page of the Memorials is an index to the value of the book. It is important because it deals with events of which Whitelocke could say, Quæque ipse miserrima vidi, et quorum pars magna fui. He set down his impressions while they were fresh, and there is nothing in his character, so far as it is known, to lead us to suspect his bona fides. In his later years, living in enforced retirement, he wrote many religious books which were never published, but there is extant a posthumous volume of Essays, Ecclesiastical and Civil.

W. WALLACE.

SHIP MONEY

MR. JOHN HAMPDEN, my countryman and kinsman, a gentleman of an ancient family in Buckinghamshire, and of a great estate and parts, denied the payment of ship money, as an illegal tax. He often advised in this great business with Holborn, St. John, myself, and others of his friends and council. Several other gentlemen refused the payment of this tax of ship money whereupon the king was advised by the Lord Chief Justice Finch, and others, to require the opinion of his judges, which he did, stating the case in a letter to them.

After much solicitation by the chief Justice Finch, promising preferment to some, and highly threatening others whom he found doubting, as themselves reported to me, he got from them in answer to the king's letter and case, their opinions in these words:

We are of opinion, that when the good and safety of the kingdom in general is concerned, and the whole kingdom in danger, your majesty may by writ under the great seal of England, command all your subjects of this your kingdom, at their charge, to provide and furnish such number of ships, with men, victuals, and ammunition, and for such time as your majesty shall think fit, for the defence and safeguard of the kingdom, from such peril and danger. And that by law your majesty may compel the doing thereof in case of refusal, or refractoriness. And we are also of opinion, that in such case your majesty is the sole judge, both of the dangers, and when, and how the same is to be prevented and avoided.

This opinion was signed by Bramston, Finch, Davenport, Denham, Hutton, Jones, Croke, Trever, Vernon, Berkley, Crawley, Weston.

This opinion and subscription of the judges, was inrolled in all the courts of Westminster, and much distasted many gentlemen of the country, and of their own profession, as a thing

extrajudicial, unusual, and of very ill consequence in this great business, or in any other.

The king, upon this opinion of his judges, gave order for proceeding against Hampden in the exchequer, where he pleaded, and the king's council demurring, the point in law came to be argued for the king by his council, and for Hampden by his council, and afterwards the judges particularly argued this great point at the bench, and all of them (except Hutton and Croke) argued, and gave their judgments for the king.

The arguments both at the bar and bench, were full of rare and excellent learning, especially in matter of record and history; but they are too voluminous to be here inserted.

Judge Croke (of whom I speak knowingly) was resolved to deliver his opinion for the king, and to that end had prepared his argument. Yet a few days before he was to argue, upon discourse with some of his nearest relations, and most serious thoughts of this business, and being heartened by his lady, who was a very good and pious woman, and told her husband upon this occasion, that she hoped he would do nothing against his conscience, for fear of any danger or prejudice to him, or his family; and that she would be contented to suffer want or any misery with him, rather than be an occasion for him to do, or say any thing against his judgment and conscience.

Upon these and many the like encouragements, but chiefly upon his better thoughts, he suddenly altered his purpose and arguments; and when it came to his turn, contrary to expectation, he argued and declared his opinion against the king.

But Hampden, and many others of quality and interest in their countries, were unsatisfied with this judgment, and continued to the utmost of their power in opposition to it; yet could not at that time give any farther stop or hindrance to the prosecution of the business of ship money, but it remained alta mente repostum. (From Memorials.)

A CONFERENCE WITH THE KING

HOLLIS and I thought ourselves obliged in civility and courtship to return a visit to the Earl of Lindsey. But (all the commissioners having agreed that none of us should singly give

any visit to any of the king's officers or great lords, nor in company without acquainting our fellow - commissioners therewith) we thought fit to tell them our intentions (with their leave) to return a visit to the Earl of Lindsey, who had so courteously first sent to visit us, and all our fellow-commissioners approved thereof, and wished us to do as we intended.

The same evening about eight or nine of the clock, Hollis and I went to the court to the Earl of Lindsey's lodgings, whom we found ill, and in his bed, and divers lords with him; among the rest the Lord Savile, then newly made Earl of Sussex.

The Earl of Lindsey expressed much contentment, and that he took it extreme kindly that we would come to visit him, and treated us with extraordinary respect and courtesy; and no man with him was so forward to compliment us as was the Lord Savile.

When we had been there about a quarter of an hour, the king and Prince Rupert, and divers great lords came into the chamber, where we were. Whether sent to, after we came, or The king saluted us very civilly, and part whereof was to this effect.

by accident, we knew not. began to discourse with us, King. I am sorry, gentlemen, that you could bring to me no better propositions for peace, nor more reasonable than these are.

Hollis. They are such, sir, as the parliament thought fit to agree upon, and I hope a good issue may be had out of them. Whitelocke. We are but their servants to present them to your majesty, and very willing to be messengers of peace.

King. I know you could bring no other than what they would send. But I confess I do not a little wonder at some of them, and particularly at the qualifications.

Hol. Your majesty will be pleased to consider of them as a foundation for peace.

King. Surely you yourselves cannot think them to be reasonable or honourable for me to grant.

Hol. Truly, sir, I could have wished that some of them had been otherwise than they are, but your majesty knows that those things are all carried by the major vote.

King. I know they are, and am confident that you who are here and your friends (I must not say your party) in the House endeavoured to have had them otherwise, for I know you are well-willers to peace.

Whit. I have had the honour to attend your majesty often heretofore upon this errand, and am sorry it was not to better effect.

King. I wish, Mr. Whitelocke, that others had been of your judgment, and of Mr. Hollis's judgment, and then I believe we had had an happy end of our differences before now.

Hol. We are bound to your majesty for your gracious and true opinion of us, and wish we had been, or may be capable to do your majesty better service.

King. Your service, Mr. Hollis and the rest of those gentlemen, whose desire hath been for peace, hath been very acceptable to me, who do earnestly desire it my self, and in order to it, and out of the confidence I have of you two that are here with me, I ask your opinion and advice what answer will be best for me to give at this time to your propositions, which may probably further such a peace as all good men desire.

Hol. Your majesty will pardon us if we are not capable in our present condition to advise your majesty.

Whit. We now by accident have the honour to be in your majesty's presence, but our present employment disables us from advising your majesty if we were otherwise worthy to do it in this particular.

King. For your abilities I am able to judge, and I now look not on you in your employments from the parliament, but as friends and my private subjects I require your advice.

Hol. Sir, to speak in a private capacity, your majesty sees that we have been very free, and touching your answer, I shall say further, that I think the best answer would be your own coming amongst us.

Whit. Truly, Sir, I do believe that your majesty's personal presence at your parliament, would sooner put an end to our unhappy distractions than any treaty.

King. How can I come thither with safety?

Hol. I am confident there would be no danger to your person to come away directly to your parliament.

King. That may be a question, but I suppose your principals who sent you hither will expect a present answer to your message.

Whit. The best present, and most satisfactory answer, I humbly believe, would be your majesty's presence with your parliament, and which I hope might be without any danger