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locks, unpolluted by art, gave a venerable air to his whole appearance. In dress he was plain, in diet temperate, in his general intercourse with mankind, easy and obliging. In company he was cheerful or grave alike, according to the dictates of the occasion; with now and then a peculiar species of humour about him, delivered with such gravity of manner and utterance, that those who knew him but slightly were apt to understand him as serious when he was merely playful. Where any desire of information on subjects in which he was conversant, was expressed, he omitted no opportunity of imparting it. But he never affected, after the manner of some, to know what he did not know; nor, such was his modesty, made he any the least display of what he did know. Considering all useful learning to lie in a narrow compass, and having little relish for the ornamental, he was not greatly given to reading; but from his youth up he observed much, and reflected much; his apprehension was quick, and his judgment clear and discriminating. Unbiassed from education by any early adopted systems, he had immediate recourse to nature herself; he attentively studied her, and, by a patience and assiduity indefatigable, attained to a consequence in science not rashly to be hoped for, without regular initiation, by minds of less native energy than his own. He had many

friends, and from the great purity and simplicity of his manners, few or no enemies; unless it were allowable to call those enemies, who, without detracting from his merit openly, might yet, from a jealousy of his superior knowledge, be disposed to lessen it in private. In short, while the virtues of this excellent man are worthy of being held up as a pattern of imitation to mankind in general; those in particular, who pride themselves in their learning and science, may see confirmed in him, what among other observations they may have overlooked in an old author, that lowly meekness, joined to great endowments, shall compass many fair respects, and, instead of aversion or scorn, be ever waited on with love and veneration. '

WHITELOCKE (JAMES), a learned English lawyer, was descended of a good family near Oakingham, in Berkshire, and born in London, November the 28th, 1570. He was educated in Merchant Taylors' school, elected scholar of St. John's college, in Oxford, in 1588, and July 1, 1594, took

1 Life, by Dr. Hutton, prefixed to Mr. Whitehurst's Works.

the degree of bachelor of civil law. He afterwards settled in the Middle Temple, became summer-reader of that house in the 17th year of king James I. a knight, member of parliament for Woodstock in 1620, chief justice of Chester, and at length one of the justices of the king's bench. King Charles I. said of him, that he was "a stout, wise, and learned man, and one who knew what belongs to uphold magistrates and magistracy in their dignity." In Trinity term 1632, he fell ill of a cold, which so increased upon him that he was advised to go in the country; on which he took leave of his brethren the judges and serjeants, saying, "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 he died, June 22. "On his death," says his son, "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. His reason was clear and strong, and his learning deep and general. He had the Latin tongue so perfect, that sitting judge of assize at Oxford, when some foreigners, persons of quality, being there, and coming to the court to see the manner of our proceedings in matters of justice, this judge caused them to sit down, and briefly repeated the heads of his charge to the grand jury in good and elegant Latin, and thereby informed the strangers and the scholars of the ability of our judges, and the course of our proceedings in matters of law and justice. He understood the Greek very well, and the Hebrew, and was versed in the Jewish histories, and exactly knowing in the history of his own country, and in the pedigrees of most persons of honour and quality in the kingdom, and was much conversant in the studies of antiquity and heraldry. He was not excelled by any in the knowledge of his own profession of the common law of England, wherein his knowledge of the civil law (whereof he was a graduate in Oxford) was a help to him. His learned arguments both at the bar and bench will confirm this truth." He was interred at Fawley near High Wycomb in Bucks, where a monument was erected to him by his son. There are extant of his 1. Several speeches in parliament, particularly one in a book entitled "The Sovereign's Prerogative and the Subject's Privileges discussed, &c. in the 3d and 4th year of king Charles I. London, 1657,

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in fol. 2. Lectures or readings in the Middle Temple hall, August the 2d, 1619, and on the statute on 21 Henry VIII. c. 13. in the Ashmolean library at Oxford. 3. Of the antiquity, use, and ceremony of lawful combats in England, formerly in the library of Ralph Sheldon, of Beoly, esq. and since printed with other pieces by him, among Hearne's "Curious Discourses." I

WHITELOCKE (BULSTRODE), son of the preceding, by Elizabeth his wife, daughter of Edward Bulstrode, of Hugeley, or Hedgley-Bulstrode, in Buckinghamshire, esq. was born August 6, 1605, in Fleet-street, London, at the house of sir George Crooke, serjeant-at-law, his mother's uncle. He was educated at Merchant Taylors' school, and in 1620 went to St. John's college, Oxford, of which Dr. Laud, afterwards archbishop of Canterbury, was then president. Laud was his father's contemporary and intimate friend, and shewed him particular kindness; and Whitelocke afterwards made an acknowledgment of it, in refusing, when that prelate was brought to trial for his life, to be one of the commissioners appointed to draw up a charge against him. He left the university before he had taken a degree, and went to the Middle Temple, where, by the help of his father, he became eminent for his skill in the common law as well as in other studies. We find him also one of the chief managers of the royal masque which was exhibited by the inns of court in February 1633, before Charles I. and his queen, and their court, at Whitehall.

In 1640 Mr. Whitelocke was chosen a burgess for Marlow in Buckinghamshire, in the long parliament; and was appointed chairman of the committee for drawing up the charges against the earl of Strafford, and one of the managers against him at his trial. All the papers relative to the proceedings against the earl were delivered into Mr. Whitelocke's custody: but a very material one happening to be missing, which had been previously conveyed away in a private manner, this brought a suspicion of treachery on Whitelocke, though it is said he was sufficiently cleared afterwards, when that paper was found in the king's cabinet at the battle of Naseby, and proved to have been conveyed away by lord Digby.

Of the previous conduct and principles of Whitelocke, 1 Biog. Brit.--Hearne's Discourses.

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we are only told that he was often consulted by Hampden when he came to be prosecuted for refusing the payment of ship-money; and that at the beginning of the commotions in Scotland, when solicited in behalf of the covemanters, his advice was, not to foment these differences, far less to encourage a foreign nation against their natural prince. About the beginning of the first session of the long parliament, a debate arose respecting writs of habeas corpus, upon which Mr. Selden and other members, who had been committed for their freedom of speech in the parliament of 1628, demanded to be bailed, and had been refused. This was so far aggravated by some, that they moved that Selden and the rest might have reparation out of the estates of those judges who then sat on the king's bench; but when they named, as the obnoxious judges, Hyde, Jones, and Whitelocke, our young member stood up in defence of his father, and vindicated him with great spirit.

war.

. Except in the case of Strafford, a considerable degree of moderation at first marked his conduct. During the debates in the House of Commons on the question, whether the power of the militia was in the king or in the parliament, he gave it as his opinion that it was not either in the king or parliament separately, but in both conjointly; and when it was afterwards debated, whether an army should not be raised for the defence of parliament, he represented in a very strong manner the miseries of a civil As to the origin of the present state of affairs, he says, "It is strange to note how we have insensibly slid into this beginning of a civil war, by one unexpected accident after another, as waves of the sea, which have brought us thus far; and we scarce know how, but from paper combats, by declarations, remonstrances, protestations, notes, messages, answers, and replies, we are now come to the question of raising forces, and naming a general, and officers of an army." After many other remarks of a similar kind, he added, "Yet I am not for a tame resignation of our religion, lives, and liberties, into the hands of our adversaries, who seek to devour us. Nor do I think it inconsistent with your great wisdom, to prepare for a just and necessary defence of them." Still he recommended them to consider, whether it was not too soon to take up arms; and advised them to try if means might not be found to accommodate matters with the king before they proceeded to extremities.

It must have been his opinion that such means could not be found, for as soon as the war commenced, Whitelocke adhered closely to the parliamentary party, and accepted the office of deputy-lieutenant of the counties of Bucks and Oxford, in 1642. Having also a company of horse under his command, he dispersed the commissioners of array at Watlington, and then marching to Oxford, it was proposed to fortify that city and appoint him governor; but this was prevented by lord Say, for which that nobleman was much censured by the parliamentary party. We find Whitelocke again among the forces which opposed the king at Brentford, and being now at open war with his sovereign, his seat at Fawley-court was plundered by a party of royalists. In January 1643, he was appointed one of the commissioners to treat of peace with the king at Oxford, and there seems no reason to doubt that he was not only active, but sincere in his efforts to accomplish this. purpose. Why they were not more successful must be sought in the conduct of those who employed him, against which he seems to have ventured to remonstrate. Adhering, however, still to the cause he had espoused, he was one of the laymen appointed to sit in the Westminster assembly of divines; and there, as well as in parliament, was the strenuous opponent of those who were for asserting the divine right of presbytery.

In 1644 he was constituted lieutenant-governor of Windsor castle, and the same year he was again appointed one of the commissioners for peace at Oxford. On this occasion the king expressed much esteem for Mr. Whitelocke, and Mr. Holles, and said he believed them sincere in their wishes for peace, As they were about to take leave, the king desired they would set down in writing what they apprehended might be proper for him to return in answer to the propositions that they had brought from the parliament, and what they thought most likely to promote a peace between him and them. At first they were somewhat averse to this, thinking it rather inconsistent with the trust reposed in them by parliament. But the king urging it, they at length complied with his request; and going into a private room, and disguising his hand, Whitelocke wrote down what he and Holles judged to be fit for the substance of his majesty's answer to the proposals of peace they had brought, and left it upon the table of his withdrawing-room. Fair as this proceeding might be consi

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